LOCAL AND SPECIAL ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
2001
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume Two

COMPILER'S NOTE
General Acts and Resolutions of the 2001 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. No amendments to the Constitution of the State of Georgia were proposed in the 2001 session. Local and Special Acts and Resolutions will be found in Volume II beginning at page 3501. Home rule actions by counties and consolidated governments and by municipalities filed in the Office of the Secretary of State between April 15, 2000, and April 15, 2001, are printed in Volume II beginning at pages 4597 and 4611, respectively.
There are no numbered pages between page 1262, the last page of Volume I, and page 3501, the first page of Volume II. This allows both volumes to be printed simultaneously. Volumes I or II, or both, may be divided into two or more books, depending on the total number of pages in each volume. Page numbers will run consecutively between books in the same volume.
Indexes; lists of Acts, Bills, and Resolutions and their Georgia Laws page numbers; material related to courts; population charts; lists of members of the General Assembly; referendum results; the Governor's proclamation and results of voting on proposed Constitutional amendments at the 2000 general election; and the Governor's veto message are printed in Volume III. Indexes cover material in both Volumes I and II. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. When possible, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.
Each Act and Resolution is preceded by a caption written by the compilers of the Georgia Laws solely to assist the reader in quickly determining the subject matter of the Act or Resolution. This caption includes the Act number assigned by the Governor and the House Bill or Senate Bill number which it was given when it was introduced in the General Assembly. The caption for each Resolution contains the Resolution Act number assigned by the Governor and the House Resolution or Senate Resolution number. These captions are not part of the Act or Resolution when they are enacted or adopted by the General Assembly. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor.

GEORGIA LAWS 2001
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application ............................ 1
VOLUME TWO
Acts and Resolutions of Local Application ........................... 3501 County and Consolidated Government Home Rule Actions .............. 4597 Municipal Home Rule Actions .................................... 4611 Town of Bibb City; court order and resolutions concerning dissolution .... 4728
VOLUME THREE
Acts by Numbers-Page References ..................................... I Bills and Resolutions-Act Number References .......................... VI Appellate Courts-Personnel........................................ XII Superior Courts-Personnel and Calendars ............................ XIII Index-Tabular ................................................. XXX Index-General ................................................ LXVII Population of Georgia Counties-Alphabetically ...................... CXXI Population of Georgia Counties-Numerically ..................... CXXVIII Population of Municipalities-Alphabetically ........................ CXXXI Population of Municipalities-Numerically ...................... CXXXVIII Population of Judicial Circuits .................................... CXLV Georgia Senate Districts, Alphabetically by County .................. CXLIX Georgia Senators, Alphabetically by Name .......................... CLII Georgia Senators, Numerically by District ........................... CLV Georgia House Districts, Alphabetically by County .................... CLIX Georgia Representatives, Alphabetically by Name .................... CLXII Georgia Representatives, Numerically by District .................. CLXXII Status of Referendum Elections ................................. CLXXXI Governor's Proclamation on Ratification or Rejection of
Constitutional Amendments at the 2000 General Election ........... CCCLI Vetoes by the Governor ...................................... CCCLVI

_____________GEORGIA LAWS 2001 SESSION__________35Q1
LUMPKIN COUNTY PUBLIC BUILDING AUTHORITY - CREATION.
No. 5 (Senate Bill No. 126).
AN ACT
To create the Lumpkin County Public Building Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, and earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Lumpkin County Public Building Authority Act."
SECTION 2. Lumpkin County Public Building Authority.
(a) There is hereby created a public body corporate and politic to be known as the "Lumpkin County Public Building Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence.
(b) The authority shall consist of five members who shall be appointed by the governing authority of the Lumpkin County. With respect to the initial appointment by the governing authority of Lumpkin County, two members shall be appointed for a term of three years; two members shall be appointed for a term of two years; and one member shall be appointed for a term of one year. Thereafter, all appointments shall be made for terms of three years and until successors are appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. To be eligible for appointment as a member

3502 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
of the authority, a person shall be at least 21 years of age and a resident of Lumpkin County, Georgia, for at least two years prior to the date of his or her appointment and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself. (c) The governing authority of Lumpkin County may provide by resolution for compensation for the services of the members of the authority in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance oftheir duties. (d) The members ofthe authority shall elect one oftheir number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer are not members of the authority, such officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
SECTION 3. Definitions.
As used in this Act, the term: (1) "Authority" means the Lumpkin County Public Building Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents' expenses, legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized in this Act; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "Project" means: (A) All buildings and facilities necessary or convenient for the efficient operation of: (i) Lumpkin County, Georgia, or any department, agency, division, or commission thereof; (ii) The Lumpkin County School District; or (iii) Any other political subdivision or municipality of the State of Georgia located within Lumpkin County, Georgia; and (B) Any "undertaking" permitted by the Revenue Bond Law.

_____________GEORGIA LAWS 2001 SESSION__________3503
(4) "Revenue Bond Law" means the Revenue Bond Law of the State of Georgia, codified at Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as amended, or any other similar law hereinafter enacted. (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (6) "Self-liquidating" means any project from which the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (7) "State" means the State of Georgia.
SECTION 4. Powers.
The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority. The authority shall be under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act. 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. No property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless, at the time such property is so acquired, a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To execute contracts, leases, agreements, and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance ofa project; and

3504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any and all persons, firms, corporations, Lumpkin County, Georgia, the Lumpkin County School District, and any other political subdivision or municipality of the State of Georgia located in Lumpkin County, Georgia, are authorized to enter into contracts, leases, agreements, or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized to enter into by law; (6) To acquire, construct, add to, extend, improve, equip, operate, and maintain projects; (7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (9) To accept loans or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (10) To borrow money for any of its corporate purposes, to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 5. Revenue bonds.
The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be

____________GEORGIA LAWS 2001 SESSION__________3505
redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds.
SECTION 6. Same; form; denomination; registration; place of payment.
The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or outside the state.
SECTION 7. Same; signatures; seal.
All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the authority and the attesting manual or facsimile signature ofthe secretary, assistant secretary, or secretary-treasurer ofthe authority, and the official seal of the authority shall be impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary, or secretary-treasurer of the authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such revenue bonds or coupons shall be duly authorized or hold the proper office, although at the date of issuance of such revenue 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 revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes in the same manner as if that person had remained in office until such delivery.
SECTION 8. Same; negotiability; exemption from taxation.
All revenue bonds shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds and their transfer and the income therefrom shall be exempt from all taxation within the state.
SECTION 9. Same; sale; price; proceeds.
The authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest of the authority. The proceeds derived from the

3506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sale of revenue bonds shall be used solely for the purpose provided in the resolutions and proceedings authorizing the issuance of such revenue bonds.
SECTION 10. Same; interim receipts and certificates or temporary bonds.
Prior to the preparation of any definitive revenue bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary revenue bonds, with or without coupons, exchangeable for definitive revenue bonds upon the issuance of the latter.
SECTION 11. Same; replacement of lost or mutilated bonds.
The authority may provide for the replacement of any revenue bonds or coupons which shall become mutilated or be destroyed or lost.
SECTION 12. Same; conditions precedent to issuance.
The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.
SECTION 13. Credit not pledged.
Revenue bonds of the authority shall not be deemed to constitute a debt of Lumpkin County, Georgia, nor a pledge of the faith and credit of said county, but such revenue bonds shall be payable solely from the fund hereinafter provided for. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions ofthis section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and said county to enter into an intergovernmental contract pursuant to which said county agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project

____________GEORGIA LAWS 2001 SESSION__________3507
including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority.
SECTION 14. Trust indenture as security.
In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys.
SECTION 15. To whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue 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 thereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 16. Sinking fund.
The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, fines, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the revenue bonds or the trust indenture may provide. Such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as the same shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due;

3508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
(4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.
SECTION 17. Remedies of bondholders.
Any holder of revenue bonds or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance ofthe revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state, including specifically but without limitation, the Revenue Bond Law, or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.
SECTION 18. Validation.
Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state and any institution, department, or other agency of the state and any county, municipality, school district, or other political subdivision or authority of the state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated. Such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part ofthe basis for the security for the payment ofany such revenue bonds. The revenue bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants.
SECTION 19. Venue and jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act or any

_________GEORGIA LAWS 2001 SESSION _________3509
suit or action against such authority shall be brought in the Superior Court of Lumpkin County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
SECTION 20. Interest of bondholders protected.
While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority shall be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds nor shall the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such revenue bonds and, upon the issuance of such revenue bonds under the provisions of this Act, shall constitute a contract with the holders of such revenue bonds.
SECTION 21. Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 22. Purpose of the authority.
Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing buildings, facilities, and services for the citizens in Lumpkin County, Georgia.
SECTION 23. Rates, charges, and revenues; use.
The authority is authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as provided in this Act to finance, in whole or in part, the costs of the project and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.

3510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 24. Rules, regulations, service policies, and procedures for operation of projects.
It shall be the duty of the authority to prescribe rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act, including the basis upon which recreational services and facilities and other public services and facilities shall be furnished. The authority may adopt bylaws.
SECTION 25. Tort immunity.
To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Lumpkin County, Georgia; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Lumpkin County, Georgia, when in the performance of their public duties or work of the county.
SECTION 26. Tax-exempt status of authority.
The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any municipality or county or the state or any political subdivision thereof.
SECTION 27. Effect on other governments.
This Act shall not and does not in any way take from Lumpkin County, Georgia, or any county or municipality the authority to own, operate, and maintain facilities or to issue revenue bonds as provided by the Revenue Bond Law.
SECTION 28. Liberal construction of Act.
This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 29. General repealer.
All laws and parts of laws in conflict with this Act are repealed.

_____________GEORGIA LAWS 2001 SESSION__________3511
LUMPKIN COUNTY COMMISSIONER
STEPHEN W. GOOCH COMMISSIONER
JIMMY L. BERRONG DIRECTOR OF FINANCE
Representative Amos Amerson Legislative Office Building 18 Capitol Square Suite 607 Atlanta, Georgia 30334
Dear Representative Amerson:
This letter is to confirm our previous discussions regarding the introduction and sponsorship of legislation to create the Lumpkin County Public Building Authority. As you know, enactment of this legislation is extremely important for Lumpkin County and we appreciate your assistance and support.
Pursuant to your request, we do hereby request that you take the necessary steps to introduce the legislation as soon as possible. We recognize that this is a busy time during the 2001 Session, but we emphasize again the importance of this legislation to Lumpkin County.
Sincerely,
S/ STEPHEN W. GOOCH Stephen W. Gooch Sole Commissioner
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide for the creation and establishment of a Lumpkin County Public Building Authority and for other purposes.
This 23rd day of January 2001.
Carol Jackson Senator

3512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carol Jackson, who on oath deposes and says that she is the Senator from the 50th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget which is the official organ of Lumpkin County on the following date: January 31, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ CAROL JACKSON Carol Jackson Senator, 50th District
Sworn to and subscribed before me, this 5th day of February, 2001.

____________GEORGIA LAWS 2001 SESSION__________3513
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved February 19, 2001.
CITY OF EAST POINT - REDEVELOPMENT POWERS; REFERENDUM.
No. 6 (House Bill No. 126).
AN ACT
To authorize the City of East Point to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The City of East Point shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of East Point to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of East Point to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit, and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of East Point shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of East Point for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the

3514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which authorizes East Point to exercise redevelopment powers under the 'Redevelopment Powers Law,1 as
NO ( ) it may be amended from time to time?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of East Point. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
PUBLIC NOTICE
Notice is hereby given that there will be introduced at the 2001 Regular Session of the General Assembly a bill to provide that the City of East Point, Georgia shall be authorized to exercise all redevelopment and other powers under the Redevelopment Powers Law, as it may be amended from time to time; to provide for a referendum to repeal conflicting laws and for other purposes.
This 13th day of December
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Heckstall, who on oath deposes and says that he is the Representative from the 55th District and further deposes and says as follows:
(1) That the attached 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: December 18, 2000
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

____________GEORGIA LAWS 2001 SESSION__________3515
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
__ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
__ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JOE HECKSTALL Joe Heckstall Representative, 55th District
Sworn to and subscribed before me, this 1 Oth day of January 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18,2003 (SEAL)
Approved February 21, 2001.

3516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PICKENS COUNTY - BOARD OF EDUCATION; MEMBERSHIP; QUALIFICATIONS; VACANCIES; DISTRICTS; TERMS; LOCAL CONSTITUTIONAL AMENDMENT REPEALED; REFERENDUM.
No. 7 (House Bill No. 306).
AN ACT
To reconstitute the Pickens County Board of Education; to provide for qualifications of members; to provide for districts; to provide for the filling of vacancies; to provide for staggered terms of office; to repeal that local constitutional amendment (Res. Act No. 84; H.R. 312-772c; Ga. L. 1958, p. 455) relating to the election of the Pickens County Board of Education; to repeal an Act approved February 18, 1987 (Ga. L. 1987, p. 3574), which continued such local constitutional amendment in force and effect as part of the Constitution of the State of Georgia; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The local constitutional amendment (Res. Act No. 84; H.R. 312-772c; Ga. L. 1958, p. 455) relating to the election of the Pickens County Board of Education which was continued in force and effect on and after July 1, 1987, as part of the Constitution of the State of Georgia is repealed in its entirety.
SECTION 2. That Act approved February 18, 1987 (Ga. L. 1987, p. 3574), which continued in force and effect as part of the Constitution of the State of Georgia that local constitutional amendment (Res. Act No. 84; H.R. 312-772c; Ga. L. 1958, p. 455) relating to the election of the Pickens County Board of Education is repealed in its entirety.
SECTION 3. The Pickens County Board of Education shall be composed of five members to be elected as hereinafter provided. For the purpose of electing such members, Pickens County is hereby divided into five education districts as follows:
(1) Education District No. 1 shall be composed of Militia District #1098 (Town) and Militia District #1182 (Sharp Top); (2) Education District No. 2 shall be composed of Militia District #794 (Talking Rock), Militia District #1036 (Truckwheel), and Militia District #1698 (Big Ridge); (3) Education District No. 3 shall be composed of Militia District #1101 (Jerusalem), Militia District # 1370 (Ludville); and Militia District # 1801 (Hill);

____________GEORGIA LAWS 2001 SESSION__________3517
(4) Education District No. 4 shall be composed of Militia District #1026 (Persimmon Tree), Militia District #1129 (Townsend), Militia District #1492 (Nelson), and Militia District #1509 (Sharp Mountain); and (5) Education District No. 5 shall be composed of Militia District #899 (Dug Road) and Militia District #1099 (Grassy Knob).
SECTION 4. Any person, in order to be eligible for membership on the board to represent an education district, must reside in the district which he or she represents, but all members of the board shall be elected by the voters of the entire county.
SECTION 5. (a) The terms of the members of the Pickens County Board of Education serving at the time of the approval of this Act shall continue through December 31, 2002, and until their successors are duly elected and qualified. (b) At the November, 2002, general election, members of the board of education for Education District Nos. 1 and 4 shall be elected for a two-year term of office beginning January 1, 2003, and ending December 31, 2004. At the November, 2004, general election and every four years thereafter, members of the board of education for Education District Nos. 1 and 4 shall be elected for four-year terms of office to begin on January 1 of the year immediately following their election. (c) At the November, 2002, general election and every four years thereafter, members of the board of education for Education District Nos. 2, 3, and 5 shall be elected for four-year terms of office to begin on January 1 of the year immediately following their election. (d) All members shall serve until the expiration of their terms of office or until their successors are duly elected and qualified, whichever is later.
SECTION 6. In the event of a vacancy on the board for any reason other than the expiration of a term of office, the remaining members of the board shall select a person from the district in which the vacancy occurs, and such member shall serve the unexpired term. In the event a person moves his or her residence from the district he or she represents, a vacancy shall exist in such district and shall be filled in the same manner as other vacancies.
SECTION 7. The members of the board shall elect their own chairperson.
SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Pickens County shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of Pickens County for approval or rejection. The election superintendent shall conduct that special election on March 20, 2001, and shall issue the call and conduct the

3518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
election as provided by general law. 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 Pickens County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act providing for the reconstitution ofthe Pickens County Board of Education and providing for staggered terms of office for
NO ( ) members of such board be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than onehalf of the votes cast on such question are for approval of the Act, the Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the Act shall be automatically repealed in its entirety immediately. The expense of the election shall be borne by Pickens County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Notice is hereby given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to reconstitute the Pickens County Board of Education; to provide for qualifications of members; to provide for districts; to provide for the filling of vacancies; to provide for staggered terms of office; to repeal that the local constitutional amendment (Res. Act No. 84; HR 312-772c; Ga. L. 1958, p. 455) relating to the election of the Pickens County Board of Education; to repeal an Act approved Feb. 18, 1987 (Ga. L. 1987, p. 3574), which continued such local constitutional amendment in force and effect as part of the Constitution of the State of Georgia; to provide for a referendum; to provide for affective dates; to repeal conflicting laws; and for other purposes.
This 23rd day of January 2001.
GARLAND F. PINHOLSTER State Rep., District 15
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Garland Pinholster, who on oath deposes and says that he is the Representative from the 15th District and further deposes and says as follows:

_____________GEORGIA LAWS 2001 SESSION__________3519
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress which is the official organ of Pickens County on the following date: January 25, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 2 8-1 -14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s, GARLAND PINHOLSTER Garland Pinholster Representative, 15th District
Sworn to and subscribed before me, this 26th day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved March 7, 2001.

3520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
FANNIN COUNTY BUILDING AUTHORITY - CREATION.
No. 9 (House Bill No. 307).
AN ACT
To create and establish the Fannin County Building Authority, a body corporate and politic and an instrumentality of the State of Georgia; to authorize the authority to acquire, construct, equip, maintain, and operate certain projects, including buildings and facilities for use by Fannin County for its governmental, proprietary, and administrative functions; to provide for members of the authority and their terms, organization, and reimbursement; to provide for vacancies; to define certain terms and words; to confer powers and impose duties on the authority; to grant limitations to the authority; to authorize the authority to enter into contracts and leases pertaining to uses of such facilities, which contracts and leases may obligate the lessees to make payment for the use of the facilities for the term thereof and to pledge for that purpose money derived from taxation; to provide that no debt of Fannin County or the State of Georgia shall be incurred by the exercise of any of the powers granted; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents, and earnings and other functions of the authority to pay the costs of such projects that constitute undertakings authorized by the Revenue Bond Law; to authorize the collecting and pledging of such revenues, rents, and earnings for the payment of such bonds; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to provide for a sinking fund; to make the bonds of the authority exempt from taxation; to provide the right and power for the authority to condemn property of every kind and character; to authorize the issuance of refunding bonds; to provide for the validation of such bonds and to fix the venue for jurisdiction of actions relating to any provision of this Act; to exempt the property and income of the authority from taxation; to provide for immunity and exemption from liability for torts and negligence; to provide that the property of the authority shall not be subject to levy and sale; to provide that certain moneys are trust funds; to provide that this Act shall be liberally construed; to define the scope of the authority's operation; to provide for disposition of property upon authority dissolution; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Fannin County Building Authority created.
There is created a public body corporate and politic to be known as the Fannin County Building Authority, herein called "the authority," which shall be an instrumentality and a public corporation of the State of Georgia, the purpose of

_____________GEORGIA LAWS 2001 SESSION__________3521
which shall be to acquire, construct, equip, maintain, and operate certain projects for use by Fannin County for its governmental, proprietary, public, and administrative functions. The authority shall not be a state institution, nor a department or agency of the state, but shall be an instrumentality of the state, a mere creation of the state, being a distinct corporate entity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The authority shall have its principal office in Fannin County, and its legal situs or residence for the purposes of this chapter shall be Fannin County.
SECTION 2. Membership.
The authority shall consist of three members who shall be eligible to succeed themselves and who shall be elected by the Board of Commissioners of Fannin County. No more than one member of the authority may be a member of said board of commissioners. Any member of the authority who is a member of said board of commissioners shall serve for a term of office concurrent with such person's term of office as a member of said board of commissioners. Each member of the authority who is not a member of said board of commissioners shall serve for a term of office of three years, except that the initial terms of office of those members first appointed to the authority shall be specified at the time of appointment to be one, two, and, if no such member is a member of the board of commissioners, three years. After such initial terms, those members who are not members of said board of commissioners shall serve for terms of office of three years each. Members of the authority shall serve for the terms of office so specified and until the appointment and qualification of their respective successors. Vacancies on the authority shall be filled by said board of commissioners for the remainder of the unexpired term and until the appointment and qualification of a successor. Immediately after their election, the members of the authority shall enter upon their duties. The authority shall elect one of its members as chairperson and one as vice chairperson. The secretary-treasurer of the authority shall be appointed by the authority and need not be a member of the authority. Two members of the authority shall constitute a quorum and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority and, in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. The members of the authority shall receive no compensation for their services but may be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties. The authority shall make rules and regulations for its own government and shall have perpetual existence.

3522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. Definitions.
As used herein, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:
(1) The word "authority" shall mean the Fannin County Building Authority created by this Act. (2) The word "project" shall mean and include real and personal property acquired or held by the authority including all land, buildings, structures, sanitary and surface water sewers and other public property determined by the authority to be desirable for the efficient operation of any department, board, office, commission, or agency of Fannin County, or of the State of Georgia, in the performance of its governmental, proprietary, and administrative functions, provided however that such project satisfies the definition of an undertaking, or more than one undertaking, as set forth in paragraph (4) of Section 36-82-61 of the O.C.G.A., the Revenue Bond Law. (3) The term "cost of project" shall include the cost of lands, buildings, improvements, machinery, equipment, property, easements, rights, franchises, material, labor, services acquired or contracted for, plans and specification, financing charges, construction costs, interest prior to and during construction; architectural, accounting, engineering, inspection, administrative, fiscal, and legal expenses; expenses incident to determining the feasibi lity or practicability of the project; expenses incident to the acquiring, constructing, equipping, and operating of any project or any part thereof, and to the placing of the same in operation and to the condemnation of any property incident to such construction and operation. (4) The term "revenue bonds" shall mean revenue bonds issued under the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and under the provisions of this Act. The obligations authorized under this Act may be issued by the authority in the manner authorized under the Revenue Bond Law.
SECTION 4. Powers.
The authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act including, but without limiting the generality of the foregoing. It shall have the power:
(1) To sue and be sued; (2) To adopt and alter a corporate seal; (3) To make and execute with public and private persons and corporations contracts, trusts, leases, rental agreements, and other instruments relating to its projects and in furtherance of the purposes of the authority, including contracts for constructing, renting, and leasing of its projects for the use of any county or municipality in this state;

___________GEORGIA LAWS 2001 SESSION__________3523
(4) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under the provisions of Article 2 of Chapter 2 of Title 22 of the O.C.G.A., relating to proceedings before a special master, or by gift, grant, lease, or otherwise, real property, or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the authority. Title to any such property shall be held by the authority exclusively for the benefit of the public. The authority shall be under no obligation to accept and pay for any property condemned as provided herein except from the funds provided therefor and, in proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired as provided herein upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and redeem the amount of such lien or encumbrance; (5) To improve, extend, add to, reconstruct, renovate, or remodel any project or part thereof already acquired; (6) To pledge or assign any revenues, income, rent, charges, and fees received by the authority; (7) To appoint and select, agents, engineers, architects, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties; (8) To construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate, manage, and equip projects located on land owned or leased by the authority; (9) To receive, accept, and use any contributions, loans, or grants by persons, firms, or corporations, including the State of Georgia and the United States of America, and any other contributions; (10) To pay all or part of the costs of any project from the proceeds of revenue bonds of the authority or from other lawful sources available to it; (11) To prescribe rules and regulations for the operation of and to exercise police powers over the projects managed or operated by the authority; (12) To accept, receive, and administer gifts, grants, loan and devises of money, material, and property of any kind, including loans and grants from the State of Georgia or the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the State of Georgia or the United States of America or such agency or instrumentality may impose; (13) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, grant in trust, or grant options for any real or personal property or interest

3524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
therein in furtherance of the purposes of the authority; (14) As security for repayment of authority obligations, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of such authority and to execute any trust agreement, indenture, or security agreement containing any provisions not in conflict with law, which trust agreement, indenture, or security agreement may provide for foreclosure or forced sale of any property of the authority upon default, on such obligations, either in payment of principal or interest or in the performance of any term or condition, as are contained in such agreement or indenture; (15) To borrow money for any of its corporate purposes; and to issue revenue bonds payable solely from funds pledged for that purpose; and to provide for the payment of the same and for the rights of the holders thereof; (16) To exercise all powers usually possessed by private corporations performing similar functions which are not in conflict with the Constitution and laws of this state; and (17) Pursuant to proper resolution of the authority, to issue revenue bonds payable from the rents and revenues of the authority and its projects, which bonds may be issued in either fully negotiable coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the law of Georgia, or they may be issued in whole or in part in nonnegotiable fully registered form without coupons, payable to a designated payee or to the registered assigns of the payee with such conversion privileges as the authority may provide, for the purpose of paying all or any part of the cost associated with the projects authorized by the authority, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving such projects, or for the purpose of refunding, as herein provided, any such bonds of the authority theretofore issued. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, the surplus shall be paid into the fund provided for the payment of principal and interest on such bonds. All such revenue bonds shall be issued and validated under and in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and in accordance with all terms and provisions thereof not in conflict herewith and in accordance with Code Section 50-17-1 of the O.C.G.A., relating to use of facsimile signatures on public securities, and, as security for the payment of any revenue bonds so authorized, any rents and revenue of the authority may be pledged and assigned. Such bonds are declared to be issued for an essential public and governmental purpose, and such bonds and all income therefrom shall be exempt from all taxation within the State of Georgia. For the purpose of the exemption from taxation of such bonds and the income therefrom, the authority shall be deemed to be a political subdivision of the State of Georgia.

_____________GEORGIA LAWS 2001 SESSION__________3525
SECTION 5. Credit not pledged and debt not created by bonds.
Revenue bonds issued under the provisions of this Act shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or Fannin County; but such bonds shall be payable from the rentals, revenue, earnings, and funds of the authority as provided in the resolution, trust agreement, or indenture authorizing the issuance and securing the payment of such bonds; and the issuance of such bonds shall not directly, indirectly, or contingently obligate the state or said county to levy or pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the state or of said county nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section.
SECTION 6. Trust agreement.
In the discretion of the authority, any issue of revenue bonds may be secured by an agreement or indenture made by the authority with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or indenture may pledge and assign rents, fees, charges, revenues, and earnings to be received by the authority. The resolution providing for the issuance of revenue bonds and such trust agreements or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges or revenues for use of the project or projects necessary to pay all costs of operation and all reserves provided for, all principal and interest on all bonds of the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. Such resolution and such trust agreement or indenture may include covenants setting forth the duties of the authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation, maintenance, repair, and insurance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in securing bonds and debentures of corporations and may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust.

3526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7. Refunding bonds.
The authority is authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of calling, refunding, or refinancing any revenue bonds issued under the provisions hereof and then outstanding and to include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such outstanding bonds.
SECTION 8. Venue of actions, jurisdiction.
Any action to protect or enforce any rights under the provisions hereof or any action against the authority brought in the courts of the State of Georgia shall be brought in the Superior Court of Fannin County, Georgia; and any action pertaining to validation of any bonds issued under the provisions hereof shall be brought in said court which shall have exclusive, original jurisdiction of such actions.
SECTION 9. Revenue bond validation.
The petition for validation of all revenue bonds of the authority shall be brought against the authority and any contracting party whose obligation is pledged as security for the payment of the bonds sought to be validated, as defendants, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof shall not be adjudicated to be in all respects valid and binding upon such contracting parties. It shall be incumbent upon such defendants to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the clerk of the Superior Court of Fannin County in which court such validation proceedings shall be initiated.
SECTION 10. Interest of bondholders protected.
While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner that will affect adversely the interest and rights of the holders of such bonds. The provisions hereof shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

_____________GEORGIA LAWS 2001 SESSION__________3527
SECTION 11. Revenues, earnings, rents, and charges; use.
(a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the authority with revenue bonds, the authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of the authority:
(1) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof, unless such cost shall be otherwise provided for; (2) To pay the principal of and interest on such revenue bonds as the same shall become due, including call premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects; (3) To comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds; (4) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged; (5) To accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution, trust agreement, or indenture, or of achieving ready marketability of and low interest rates on such bonds; (6) To pay any expenses in connection with such bond issue or of such project or projects including but not limited to trustees', attorneys', and fiscal agents' fees. (b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor and any such contract or lease may provide for the commencement of rental payments to the authority prior to the completion of the undertaking by the authority of any such project and may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable. (c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects, regardless of the cause of the necessity of such maintenance, repair, or reconstruction. (d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the expense ofthe tenants or lessees, the defense ofany action brought

3528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
against the authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises. (e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the authority may enforce performance by any legal or equitable process against the tenants or lessees. (f) The authority shall be permitted to assign any rental payable to it, pursuant to such rental contract or lease, to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds. (g) The use and disposition of the authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same.
SECTION 12. Sinking fund.
The revenue, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the authority, regardless of whether such revenue, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority to payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase; and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same.
SECTION 13. Exemption from taxation.
The exercise of the powers conferred upon the authority hereunder shall constitute an essential governmental function for a public purpose and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption herein

____________GEORGIA LAWS 2001 SESSION__________3529
provided shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.
SECTION 14. Immunity from tort actions.
The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority.
SECTION 15. Property not subject to levy and sale.
The property of the authority shall not be subject to levy and sale under legal process.
SECTION 16. Trust funds.
All funds received pursuant to authority of Section 11 hereof, whether as proceeds from the sale of revenue bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied by the authority, solely as provided herein; and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the authority.
SECTION 17. Construction.
This Act and any other law enacted with reference to the authority shall be liberally construed for the accomplishment of its purposes.
SECTION 18. Scope of operations.
The projects of the authority's operation shall be located in the territory embraced within the jurisdictional limits of Fannin County as the same now or may hereafter exist.

3530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 19. Conveyance of property upon dissolution.
Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to Fannin County; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.
SECTION 20. Effect of partial invalidity of Act.
Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.
SECTION 21. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 22. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to create the Fannin County Building Authority to provide for certain projects in Fannin County; to repeal conflicting laws; & for other purposes.
This 16th day of January, 2001
s/ Richard C. Volbrath, M.D., Chairman Fannin County Board of Commissioners

_____________GEORGIA LAWS 2001 SESSION_________3531
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amos Amerson, who on oath deposes and says that he is the Representative from the 7th District and further deposes and says as follows:
(1) That the attached Notice of intention to Introduce Local Legislation was published in the News Observer which is the official organ of Fannin County on the following date: January 19, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ AMOS AMERSON Amos Amerson Representative, 7th District
Sworn to and subscribed before me, this 24th day of January, 2001.

3532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved March 9, 2001.
CAMDEN COUNTY - BOARD OF EDUCATION; COMPENSATION; EXPENSES.
No. 10 (House Bill No. 787).
AN ACT
To provide for the compensation and expenses of the members of the Board of Education of Camden 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. Members of the Board of Education of Camden County shall receive a salary of $300.00 per month and shall receive a per diem of $100.00 for each day of attendance at meetings of the board and while meeting and 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, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the school superintendent. Such compensation, per diem, and expenses shall be paid only from the local tax funds available to the board of education for educational purposes.
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 becomes law without such 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 2001 session of the General Assembly ofGeorgia a bill to provide for the compensation ofthe members of the Board of Education of Camden County; and for other purposes.

_____________GEORGIA LAWS 2001 SESSION__________3533
This 21 st day of February, 2001.
Representative Charlie Smith, Jr. District 175
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charlie Smith, Jr. who on oath deposes and says that he is the Representative from the 175th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Tribune & Georgian which is the official organ of Camden County on the following date: February 23, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
__ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ CHARLIE SMITH, JR. Charlie Smith, Jr. Representative, 175th District

3534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 28th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved March 19, 2001.
TOWN OF TURIN - MAYOR AND ALDERMEN; POWERS; MUNICIPAL COURT; CREATION; CONTRACT WITH MAGISTRATE COURT OF COWETA COUNTY.
No. 11 (House Bill No. 556).
AN ACT
To amend an Act incorporating the Town of Turin, approved December 27, 1890 (Ga. L. 1890-91, Vol. II, p. 629), as amended, so as to change the provisions relating to the powers and duties of the mayor and aldermen; to create a municipal court and provide for the judges thereof and their qualifications, terms, oaths, removal, compensation, powers, and duties; to authorize a contract for the Magistrate Court of Coweta County to serve as the municipal court as authorized by the laws of this state; to provide for convening the municipal court; to provide for penalties; to provide for fees; to provide for bail and recognizances; to provide for practices and procedures; to provide for warrants to provide for certiorari; to provide for rules and regulations; 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 Turin, approved December 27, 1890 (Ga. L. 1890-91, Vol. II, p. 629), as amended, is amended by striking Section 5 of said Act and inserting in its place the following:
"SECTION 5. Said board ofmayor and aldermen shall have full power and authority to alter the rules and regulations prescribed in this charter for the management of elections, to pass all ordinances and bylaws for the government of said town not in conflict with the laws of this state or of the United States, and to enforce the same."

____________GEORGIA LAWS 2001 SESSION__________3535
SECTION 2. Said Act is further amended by adding new Sections 6.10 through 6.15 to read as follows:
'SECTION 6.10. There shall be a court to be known as the Municipal Court of the Town of Turin.
SECTION6.il. (a) Except as otherwise provided in subsection (f) of this section, the municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by 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 that person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the mayor and aldermen and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the mayor and aldermen unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the mayor and aldermen. (f) In lieu of appointing a judge or judges of the municipal court, the mayor and aldermen are authorized to contract with the governing authority of Coweta County for the Magistrate Court of Coweta County to serve as the Municipal Court of the Town of Turin as provided in Article 9 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated or any other applicable law of this state.
SECTION 6.12. The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 6.13. (a) The municipal court shall try and punish violations of this charter, all town ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $ 1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (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

3536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
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 such 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 that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the town, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the town, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the town.
SECTION 6.14. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Coweta County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 6.15. With the approval of the mayor and aldermen, 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 mayor and aldermen may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the town clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.'

_____________GEORGIA LAWS 2001 SESSION__________3537
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
A RESOLUTION BY THE TOWN OF TURIN REQUESTING EOCAL LEGISLATION TO AMEND THE TOWN'S CHARTER TO PROVIDE FOR A CITY COURT
WHEREAS, the Town of Turin was established by Charter by the General Assembly of the State of Georgia in 1890 (1890 Ga. Laws 629) as amended; and
WHEREAS, the Town Charter provided for enforcement of its ordinances and by-laws by a mayor's court but did not establish a Municipal Court; and
WHEREAS, the Town Council finds it in the best interests of the health, safety, morals, and welfare of the general public to request the General Assembly to amend the Town Charter to authorize the establishment of a Municipal Court and if necessary, to authorize the Town to contract with county magistrate court to act as Municipal Court.
NOW THEREFORE, be it resolved by the Town Council of the Town of Turin, Georgia, and it is hereby authorized by the authority of the same that the Town of Turin respectfully requests the General Assembly of the State of Georgia to enact local legislation to amend its charter to establish a municipal court so as to authorize the Town of Turin to contract with the county magistrate court to act as its municipal court under O.C.G.A. 15-10-150 ET SEQ.
SO RESOLVED in lawfully assembled open session this 9th day of January 2001.
Attest: s/ Linda J. Denney
s/ Alien Smith Mayor
s/ George R. Harris Council Member
s/ Ben Quick Council Member
s/ Peyton Crunkleton Council Member
s/ Alan Starr Council Member

3538 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 2001 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Turin, approved December 27, 1890 (Ga. L. 1890-91, Vol. II, p 629), as amended; and for other purposes. This 20th day of January, 2001.
Representative John P. Yates District 106
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John P. Yates, who on oath deposes and says that he is the Representative from the 106th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times-Herald which is the official organ of Coweta County on the following date: January 27, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1 -14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

_____________GEORGIA LAWS 2001 SESSION__________3539
s/ JOHN P. YATES John P. Yates Representative, 106th District
Sworn to and subscribed before me, this 12th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved March 20, 2001.
COWETA COUNTY WATER AND SEWERAGE AUTHORITY CREATION; COWETA COUNTY WATER AND SEWER AUTHORITY ACT REPEALED.
No. 12 (House Bill No. 756).
AN ACT
To create the Coweta County Water and Sewerage Authority and to provide for the appointment of members of the authority; to confer powers upon the authority, including the power to acquire, construct, add to, extend, improve, equip, operate, and maintain systems, plants, works, instrumentalities, and properties used or useful in connection with the obtaining of a water supply and the conservation, treatment, distribution, disposal, and sale of water for public and private uses or used or useful in connection with the collection, treatment, and disposal of sewage, waste and storm water and the power to contract with others and to do all things necessary or convenient for the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of any project; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, fines, charges, and earnings of the authority, contract payments to the authority, and from other moneys pledged therefor and authorize the collection and pledging of the revenues, tolls, fees, fines, charges, and earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for severability; to provide an effective date; to repeal an Act authorizing the creation

3540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
of the Coweta County Water and Sewer Authority, approved April 11, 1979 (Ga. L. 1979, p. 4447); to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Coweta County Water and Sewerage Authority Act."
SECTION 2. Coweta County Water and Sewerage Authority.
(a) There is hereby created a public body corporate and politic to be known as the "Coweta County Water and Sewerage Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of three members who shall be appointed by the Board of Commissioners of Coweta County, Georgia. All appointments shall be made for terms of one year and until successors are appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and a resident of Coweta County, Georgia, for at least two years prior to the date of his or her appointment. No member of the authority shall be eligible to hold an elective public office of the state or any county or municipality within the state unless first resigning as a member of the authority. No person shall be eligible for appointment to the authority who has been convicted of a felony, who is serving in an elected public office of the state or any county or municipality within the state, who is an employee of the state or any county or municipality within the state, or who is an employee of a utility system not operated by the authority or Coweta County. Any member of the authority may be selected and appointed to succeed himself or herself. (c) The appointing Board of Commissioners of Coweta County, Georgia, may provide by resolution for compensation for the services of the members of the authority in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer is not a member of the authority, such

_____________GEORGIA LAWS 2001 SESSION__________3541
officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified, (e) Two members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
SECTION 3. Definitions.
As used in this Act, the term: (1) "Authority" means the Coweta County Water and Sewerage Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost ofall lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents expenses, legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "Project" means: (A) Systems, plants, works, instrumentalities, and properties used or useful in connection with the obtaining of a water supply and the conservation, treatment, distribution, disposal, and sale of water for public and private uses and used or useful in connection with the collection, treatment, and disposal of sewage, waste, and storm water, together with all parts of any such system, plant, work, instrumentality, and property and appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, recreational facilities adjacent to such reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations, and equipment; and (B) Any undertaking permitted by the Revenue Bond Law. (4) "Revenue Bond Law" means Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the "Revenue Bond Law," as amended, or any other similar law hereinafter enacted. (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (6) "Self-liquidating" means any project from which the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the

3542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (7) "State" means the State of Georgia.
SECTION 4. Powers.
The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority shall be under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority ofthis 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. No property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless, at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To combine its water facilities, storm water, and sewerage facilities into one system and to operate and maintain its facilities as such; (5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (6) To execute contracts, leases, agreements, and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project. Any and all persons, firms, and corporations and the state and any institution, department, or other agency thereof, and any county, municipality, school district, or other political subdivision or authority of the State are authorized to enter into contracts, leases, agreements, or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized to enter into by law; (7) To acquire, construct, add to, extend, improve, equip, operate, and

_____________GEORGIA LAWS 2001 SESSION__________3543
maintain projects; (8) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (9) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (10) To accept loans or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (11) To borrow money for any of its corporate purposes, to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (12) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided that such power is not in conflict with the Constitution and laws of the state; and (13) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 5. Revenue bonds.
The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds.

3544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6. Same; form; denomination; registration; place of payment.
The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or outside the state.
SECTION 7. Same; signatures; seal.
All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the authority and 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 impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary, or secretary-treasurer of the authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such revenue bonds or coupons shall be duly authorized or hold the proper office, although at the date of issuance of such revenue 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 revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes in the same manner as if that person had remained in office until such delivery.
SECTION 8. Same; negotiability; exemption from taxation.
All revenue bonds shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.
SECTION 9. Same; sale; price; proceeds.
The authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest of the authority. The proceeds derived from the sale of revenue bonds shall be used solely for the purpose provided in the resolutions and proceedings authorizing the issuance of such revenue bonds.

____________GEORGIA LAWS 2001 SESSION__________3545
SECTION 10. Same; interim receipts and certificates or temporary bonds.
Prior to the preparation of any definitive revenue bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary revenue bonds, with or without coupons, exchangeable for definitive revenue bonds upon the issuance of the latter.
SECTION 11. Same; replacement of lost or mutilated bonds.
The authority may provide for the replacement of any revenue bonds or coupons which shall become mutilated or be destroyed or lost.
SECTION 12. Same; conditions precedent to issuance.
The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.
SECTION 13. Credit not pledged.
Revenue bonds of the authority shall not be deemed to constitute a debt of Coweta County, Georgia, nor a pledge of the faith and credit of said county, but such revenue bonds shall be payable solely from the fund provided for in this Act. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions of this section, this Act shall not affect the ability of the authority and said county to enter into an intergovernmental contract pursuant to which said county agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority.

3546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 14. Trust indenture as security.
In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys.
SECTION 15. To whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue 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 thereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 16. Sinking fund.
The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, fines, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance ofthe revenue bonds or the trust indenture may provide. Such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as the same shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest.

_____________GEORGIA LAWS 2001 SESSION__________3547
The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.
SECTION 17. Remedies of bondholders.
Any holder of revenue bonds or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance ofthe revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state, including specifically but without limitation, the Revenue Bond Law, or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the
fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.
SECTION 18. Validation.
Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state and any institution, department, or other agency of the state and any county, municipality, school district, or other political subdivision or authority of the state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated. Such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants.
SECTION 19. 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 Coweta County, Georgia, and any action pertaining to validation of any revenue

3548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
SECTION 20. Interest of bondholders protected.
While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority shall be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds nor shall the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such revenue bonds and, upon the issuance of such revenue bonds under the provisions of this Act, shall constitute a contract with the holders of such revenue bonds.
SECTION 21. Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 22. Purpose of the authority.
Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the maintenance and distribution of the same to the various municipalities and citizens in Coweta County, Georgia, and environs, including other counties, municipalities, and authorities located therein, and further for the general purpose of gathering and treatment of sewerage and waste, both individual and industrial. Such general purpose shall not restrict the authority from selling and delivering water directly to consumers in those areas where there do not now exist water distribution systems or furnishing sewer facilities to such customers, and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. The authority shall also have the authority, where it deems it feasible, to sell its products and services to customers, governmental agencies, or governmental instrumentalities of adjoining states, providing the laws of the adjoining states do not prohibit or tax said activity.

_____________GEORGIA LAWS 2001 SESSION__________3549
SECTION 23. Rates, charges, and revenues; use.
The authority is authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, fines, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues, to issue revenue bonds as provided in this Act to finance, in whole or in pail, the cost of the project, and to pledge to the punctual payment of said revenue bonds and interest thereon, all or any part of the revenues.
SECTION 24. Rules, regulations, service policies, and procedures for operation of projects.
It shall be the duty of the authority to prescribe rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act and intended to be operated by the authority, including the basis upon which water service and facilities, sewerage service and facilities, or both, shall be furnished. The authority may adopt bylaws in connection with the operation of any project or projects.
SECTION 25. Tort immunity.
To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Coweta County, Georgia; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Coweta County, Georgia, when in the performance of their public duties or work of the county.
SECTION 26. Tax-exempt status of authority.
The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any municipality or county or the state or any political subdivision thereof.
SECTION 27. Effect on other governments.
This Act shall not and does not in any way take from Coweta County, Georgia, or any municipality located therein or any other county or municipality the authority to own, operate, and maintain a water system, a sewerage system, or a combined

3550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
water and sewerage system, or to issue revenue bonds as provided by the Revenue Bond Law.
SECTION 28. Liberal construction of Act.
This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes of this Act.
SECTION 29. Severability; effect of partial invalidity of Act.
The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
SECTION 30. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 31. Specific repeal.
An Act authorizing the creation of the Coweta County Water and Sewer Authority, approved April 11, 1979 (Ga. L. 1979, p. 4447), is repealed.
SECTION 32. General repeal.
All laws and parts of laws in conflict with this Act are repealed.
CERTIFICATE
I, Roxie H. Clark, the duly appointed County Clerk of the Coweta County Board ofCommissioners, do hereby certify that the attached copy of the Resolution by the Board of Commissioners to Request Local Legislation to Amend its Water Authority Legislation is a true and correct copy of such resolution and is on file and of record.
In testimony whereof, I have hereunto set my hand and the seal of said Coweta County, this the 23rd Day of February, 2001.
s/ Roxie H. Clark County Clerk SEAL

_____________GEORGIA LAWS 2001 SESSION__________3551
A RESOLUTION BY THE BOARD OF COMMISSIONERS OF COWETA COUNTY, GEORGIA
TO REQUEST LOCAL LEGISLATION TO AMEND ITS WATER AUTHORITY LEGISLATION AND FOR OTHER PURPOSES
WHEREAS, the General Assembly enacted legislation creating the Coweta County Water and Sewer Authority in 1979 Ga. Laws 4447; and
WHEREAS, the Board of Commissioners of Coweta County finds it in the best interests of the health, safety, morals and welfare of the public to request the General Assembly to amend the existing law by replacing it with the proposed legislation attached hereto.
NOW THEREFORE, be it resolved by the Board of Commissioners of Coweta County, Georgia and it is hereby resolved by the authority of the same that Coweta County respectfully requests that the General Assembly of the State of Georgia adopt legislation that amends the 1979 Ga. Laws 4447 enacting the Coweta County Water and Sewer Authority by deleting the existing legislation and replacing it with the attached Exhibit "A".
SO RESOLVED in lawfully assembled open session this 24th day of January, 2001.
s/ Robert Wood Chairman s/ James E. McGuffey s/ Leigh Schlumper s/ Vernon Hunter s/ Lawrence A. Nelms
ATTEST: s/ Roxie H. Clark Clerk
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to repeal the existing Water and Sewerage Authority and to create a new Coweta County Water and Sewerage Authority, and for other purposes.
This 15th day of February 2001
Honorable Lynn Smith Representative, 103rd District

3552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
GEORGIA, COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn R. Smith, who on oath deposes and says that she is the Representative from the 103rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times-Herald which is the official organ of Coweta County on the following date: February 22, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ LYNN R. SMITH Lynn R. Smith Representative, 103rd District
Sworn to and subscribed before me, this 26th day of February, 2001.

____________GEORGIA LAWS 2001 SESSION_________3553
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved March 20, 2001.
GLYNN COUNTY - STATE COURT; SOLICITOR; CLERK; COMPENSATION.
No. 13 (House Bill No. 280).
AN ACT
To amend an Act creating the State Court of Glynn County, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4633), an Act approved January 31, 1984 (Ga. L. 1984, p. 3542), and an Act approved March 30, 1993 (Ga. L. 1993, p. 4426), so as to change the compensation of the solicitor and the clerk of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Glynn County, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4633), an Act approved January 31, 1984 (Ga. L. 1984, p. 3542), and an Act approved March 30, 1993 (Ga. L. 1993, p. 4426), is amended by striking Section 7 in its entirety and inserting in its place a new Section 7 to read as follows:
'SECTION 7. The solicitor of the State Court of Glynn County shall receive an annual salary equal to 55 percent of the annual salary received by the state court judge; all of said amount shall be payable in equal monthly installments from the funds of Glynn County.'
SECTION 2. Said Act is further amended by striking paragraph (1) of subsection (a) of Section 11 in its entirety and inserting in its place a new paragraph (1) to read as follows:
'(1) The clerk of the State Court of Glynn County shall receive an annual salary in an amount equal to 60 per cent of the annual salary received by the state court judge; all of said amount shall be payable in equal monthly installments from the funds of Glynn County."

3554 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 3. This Act shall become effective on January 1, 2002.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Glynn County, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4633), an Act approved January 31, 1984 (Ga. L. 1984, p. 3542), and act approved March 30, 1983 (Ga. L. 1983, p. 4426), so as to change the compensation of the solicitor and the clerk of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 24th day of January, 2001.
Honorable, E. C. Tillman Representative, 173rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. C. Tillman, who on oath deposes and says that he is the Representative from the 173rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County on the following date: January 24, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

____________GEORGIA LAWS 2001 SESSION__________3555
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ E. C. TILLMAN E. C. Tillman Representative, 173rd District
Sworn to and subscribed before me, this 26th day of January, 2001
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved March 20, 2001.
COBB COUNTY - STATE COURT; JUDGES; COMPENSATION.
No. 16 (House Bill No. 759).
AN ACT
To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation of the judges and associate judges ofthe state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Cobb County, approved March 26,1964 (Ga. L. 1964, p. 3211), as amended, is amended by striking from Section 23 of Part 1 the following:

3556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
'The salary of the judges of Division 1 of the State Court of Cobb County shall be $109,877.00 per annum.', and inserting in lieu thereof the following: "The salary of the judges of Division 1 of the State Court of Cobb County shall be $119,272.08 per annum.'
SECTION 2. Said Act is further amended by striking in its entirety subsection (a) of Section 2-3 of Part 2 and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) The salary of each associate judge shall be $92,053.20 per annum to be paid in equal monthly installments from the funds of Cobb County. The associate judges are designated as full-time judges and may not engage in the private practice of law.'
SECTION 3. This Act shall become effective July 1, 2001.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
MEMORANDUM
TO: Cobb County Delegation
FROM: Chairman Bill Byrne Cobb County Board of Commissioners
RE: State Court Judges' Salaries
DATE: February 13, 2001
In order to satisfy the requirements of the law that governs the effective dates of elected officials' salaries set by the delegation, the Board of Commissioners approved the attached Resolution on February 13, 2001.
The FY01 Budget will accommodate an upward adjustment in the annual salaries of the judges of the State Court of Cobb County in the amount of $5,000 each, including all judges in Division I and Division II, to be effective on July 1, 2001.
I trust this will assist you in responding to the requests you receive on behalfofthe State Court Judges.
Attachment: Resolution
cc: Commissioner Billy L. Askea

____________GEORGIA LAWS 2001 SESSION_________3557

Commissioner Joe L. Thompson Commissioner Samuel S. Olens Commissioner George Woody Thompson, Jr. David Hankerson, County Manager Virgil Moon, Support Services Director

RESOLUTION

WHEREAS: Cobb County is part of a fast-growing region that; over the last decade, has seen a substantial increase in population and demand for public services; and

WHEREAS: These services and functions are managed by elected officials who hold very important legislated responsibilities; and

WHEREAS: The salaries for these separate and independent offices are determined by the Georgia General Assembly; and

WHEREAS:

Members of the local delegation to the General Assembly have asked that the Board of Commissioners address the impact of any salary adjustments for local officials enacted during this current budget; and

WHEREAS: Members of the local delegation to the General Assembly have authority to set salary increases for the following positions attached thereto; now

THEREFORE: Be it Resolved, thatwe, the Cobb County Board ofCommissioners, hereby commits that the county's adopted budget contains adequate funding to support salary adjustments as approved by the Cobb Delegation to the Georgia General Assembly in the FY01 Budget. We further request that all the above salary increases be effected upon July 1, 2001 or upon the Governor's signature, whichever is earlier.

This the 13th day of February, 2001.

Chairman

District 1

District 3

District 2

District 4

3558 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The following positions are those that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases.
District Commissioners (4) Commission Chairman Administrative Specialist, Tax Commissioner Executive Secretary, Tax Commissioner Deputy Tax Commissioner Tax Commissioner Executive Assistant to the Sheriff Chief Investigator Sheriff Chief Deputy Sheriff Sheriff Probate Court Clerk Probate Judge Juvenile Court Judge Presiding Juvenile Court Judge Magistrate Judge Chief Deputy Clerk State Court State Court Clerk Solicitor Investigator Assistant Solicitor Chief Assistant Solicitor Solicitor State Court Division II Judges (4) State Court Judges (6) Senior Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk District Attorney Investigator District Attorney Chief Investigator Assistant District Attorney Superior Court Judges (8) Senior Judge Superior Court
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 Session of the General Assembly of Georgia a bill to amend and Act creating the Civil and Criminal Court of Cobb County (later known as the State Court of Cobb County), approved March 26,1964 (Ga. L. 1964, p. 3211), as amended; to provide for related matters, and for other purposes.
This 31 st day of January, 2001.

____________GEORGIA LAWS 2001 SESSION__________3559
Cobb County Delegation BY: Don Wix, Secretary
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rich Golick, who on oath deposes and says that he is the Representative from the 30th District and further deposes and says as follows:
(1) That the attached 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 2, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ RICH GOLICK Rich Golick Representative, 30th District
Sworn to and subscribed before me, this 21st day of February, 2001.

3560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved March 23, 2001.
SOUTH GEORGIA GOVERNMENTAL SERVICES AUTHORITY - CREATION.
No. 21 (House Bill No. 879).
AN ACT
To create the South Georgia Governmental Services Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and operate public service facilities, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real and personal property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to facilities and services, to execute leases and contracts relating to such facilities and services, to convey title to property of the authority in fee simple, and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the authority and other political subdivisions, including specifically the City of Cairo, the City of Camilla, the City of Moultrie, and the City of Thomasville, to erter into contracts and leases pertaining to uses of such facilities and services, which contracts and leases shall obligate the lessees to make payment for the use of such facilities and services for the term thereof and to pledge for that purpose revenues derived from taxation; to provide that no debt of the City' of Cairo, the City of Camilla, the City of Moultrie, or the City of Thomasville, or other political subdivisions within the meaning set forth in Article IX, Section V, Paragraph I ofthe Constitution ofthe State ofGeorgia, shall be incurred by exercise of the powers granted; to authorize the issuance of revenue bonds or obligations of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority, including, but not limited to, earnings derived from contracts, leases, and income from conveyances of real or personal property of the authority; to authorize the payment of the cost of such undertakings, to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations and to secure the payment thereof; to define the rights of the holders of such bonds or obligations; to make the bonds or obligations of the authority exempt from taxation; to make the property of the authority exempt from taxation and assessment; to grant the authority and its members certain immunities;

_____________GEORGIA LAWS 2001 SESSION__________3561
to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act; to provide that bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "South Georgia Governmental Services Authority Act."
SECTION 2. Creation of authority; members.
(a) There is created a body corporate and politic to be known as the South Georgia Governmental Services Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and instrumentality by that name, style, and title, and said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority or the trustee acting under a trust indenture shall in no event be liable for any torts committed by any ofthe officers, agents, and employees of the authority. The authority shall not be a state institution, nor a department or agency of the state, but shall be an instrumentality of the state having a distinct corporate entity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act. (b) The authority shall consist of eight members who shall be appointed as follows: Two members each shall be appointed by the governing bodies ofthe City of Cairo, the City of Camilla, the City of Moultrie, and the City of Thomasville. Each member shall serve for a term of four years, except that one of the two initial members appointed by each of the governing bodies shall serve for two years. If at the end of any term of a member, a successor has not been appointed, such member shall continue to be a member of the authority until a successor is so appointed. Each member must be a resident of the city making the appointment or the county in which such city is located. City or county officials or employees may serve as members of the authority. (c) Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in

3562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
such vacancy, and the person so selected and appointed shall serve for the remainder of the unexpired term. (d) The authority shall elect one of its members as chairperson and another member as vice chairperson. The authority shall elect a secretary and a treasurer, or a secretary-treasurer, who need not be members of the authority. (e) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. (f) The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. (g) The authority shall make rules and regulations for its own government. It shall have perpetual existence.
SECTION 3. Declaration of need and purpose.
The joint delivery of services and facilities by political subdivisions and governmental bodies on a regional basis provides economies of scale, the sharing of assets, and the development of expertise in providing more efficient and economical delivery of such services and benefits to the citizens of Georgia. The authority is created for the purpose of providing governmental, proprietary, and administrative services and facilities to the City of Cairo, the City of Camilla, the City of Moultrie, the City of Thomasville, and other political subdivisions, agencies, and authorities within its area of operation.
SECTION 4. Definitions.
As used in this Act, the term: (1) "Authority" means the South Georgia Governmental Services Authority created in Section 2 of this Act. (2) "Cost of the project" or "cost" means the cost of construction; the cost of all equipment, lands, properties, rights, easements, and franchises acquired and the cost of all conveyances of the authority's title thereto and leases thereof; the cost of all machinery and equipment and financing charges and interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; and the acquisition and construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds

_____________GEORGIA LAWS 2001 SESSION__________3563
of revenue bonds or notes issued under the provisions of this Act for such project. (3) "Project" means and include the acquisition, construction, equipping, maintenance, and operation of any undertaking as defined in Article 3 of Chapter 82 of the Title 36 of the O.C.G.A., the "Revenue Bond Law"; any undertaking, project, or service for which the governmental body contracting with the authority is authorized by law to undertake in the performance of its governmental, proprietary, or administrative functions; all personal property to be used in connection therewith; the lease and sale of any part or all of such facilities, including real and personal property, so as to ensure the efficient and proper development, maintenance, and operation of such project deemed by the authority to be necessary, convenient, or desirable. A project may be composed exclusively of real or personal property, equipment, fixtures, machinery, or other property of any nature whatsoever used or useful in connection with the governmental, administrative, and proprietary functions of any governmental body contracting with the authority for its services or facilities. (4) "Revenue bonds," "bonds," and "obligations" means revenue bonds or obligations as defined and provided for in Article 3 of Chapter 82 of Title 36 ofthe O.C.G.A., the "Revenue Bond Law," as amended, and obligations ofthe authority the issuance of which are provided for in this Act. (5) "Self-liquidating" means the revenues and earnings of any project to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient, in the judgement of the authority, to pay the cost ofoperating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds or notes which may be issued to finance, in whole in part, the cost of such project.
SECTION 5. Powers.
The authority shall have the power: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation, in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, rights, or easements therein or franchises necessary or convenient for its corporate purposes; to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of or to 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

3564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS^VOLJI_____
provided under the authority of this Act; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; provided, however, no property shall be acquired under the provisions of this Act upon which any iien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees including engineering, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired; and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations, counties, and the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facilities by the authority to such municipal corporations and counties or relative to the furnishing of facilities and services by municipal corporations, counties, corporations, or individuals to the authority for a term not exceeding 50 years; (6) To plan, design, construct, erect, acquire, own, lease, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds, notes, or other funds of the authority, from the contracting for services, or from such proceeds or other funds and any grant from the United States, the State of Georgia, or any political subdivision, agency, or instrumentality thereof; (7) To accept loans and grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions as the United States or any agency or instrumentality thereof may impose; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or any agency or instrumentality or political subdivision thereof may impose; (9) To borrow money for any of its corporate purposes, to execute notes or other evidences of such indebtedness, to secure the same, to issue revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and

____________GEORGIA LAWS 2001 SESSION__________3565
laws of this state; (11) To sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created; (12) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions; to execute notes or other evidences of such indebtedness; and to secure the same by assigning all rights and pledging all funds to be received by the authority from a contract or lease entered into by the authority and any political subdivision or governmental body; (13) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state; and (14) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 6. Revenue bonds.
The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one time or from time to time to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal of and interest on such revenue bonds shall be payable from the special fund provided for in this Act for such payment. The bonds of each issue shall be dated; shall bear interest at such rate or rates as determined by the authority, payable on such dates as determined by the authority; shall mature at such time or times not exceeding 40 years from their date or dates; shall be payable in such medium of payment as to both principal and interest as may be determined by the authority; and may be made redeemable before maturity at the option ofthe authority at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said article and any amendments thereto.
SECTION 7. Bonds for essential purpose.
All revenue bonds issued under this Act are declared to be issued for an essential public and governmental purpose, and said bonds and the income thereof shall be exempt from all taxation within the state.

3566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. H_____
SECTION 8. Sale of bonds.
The authority may sell bonds in such manner and for such price as it may determine to be in the best interests of the authority through negotiated or public sale, and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
SECTION 9. Conditions for issuance of bonds.
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 and by Article 3 of Chapter 82 of Title 36, the "Revenue Bond Law." Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.
SECTION 10. Revenue bonds not debt.
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or any political subdivision thereof, nor a pledge of the faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment of such bonds; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their fact covering substantially the foregoing provisions of this section. However, any other political subdivision contracting with the authority may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section and from any other source. The obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of Article IX, Section V, Paragraph I of the Constitution. When such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such obligation.

_________

GEORGIA LAWS 2001 SESSION__________356?

SECTION II. Sinking fund.

The revenue, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the authority, regardless of whether such revenue, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority for payment of the principal of and interest on the revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds. Such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall become due; (2) The principal of the bonds as the same shall mature; (3) The necessary charges of any trustee or paying agent for paying such principal and interest; and (4) Any premium upon bonds retired by call or purchase. The use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same.

SECTION 12. Exemption from taxation.

The exercise of the powers conferred upon the authority under this Act shall constitute an essential governmental function for a public purpose, and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision; upon its activities in the operation and maintenance of property acquired by it or buildings erected or acquired by it; upon any fees, rentals, or other charges for the use of such property or buildings; or upon other income received by the authority.

SECTION 13. Immunity from tort actions.

The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority.

3568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 14. Property not subject to levy and sale.
The property of the authority shall not be subject to levy and sale under legal process.
SECTION 15. Venue and jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Mitchell County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
SECTION 16. Validation of bonds.
Bonds of the authority shall be confirmed and validated in accordance with the procedures set forth in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia or the United States or any department or agency thereof, if subject to being sued and if consenting to same, which has contracted with the authority for the services and facilities ofthe project for which bonds are to be issued and sought to be validated. The state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereofbe determined and the contract or contracts adjudicated as part ofthe basis ofthe security for the payment of any such bonds ofthe authority. The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds, the security for the payment thereof, and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the authority.
SECTION 17. 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

____________GEORGIA LAWS 2001 SESSION__________3569
as to affect adversely the interests and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and the issuance ofbonds under the provisions ofthis Act shall constitute a contract with the holders of such bonds.
SECTION 18. Trust funds.
All funds received pursuant to authority hereof, whether as proceeds from the sale of revenue bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied by the authority, solely as provided herein. The bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the authority.
SECTION 19. Construction.
This Act and any other law enacted with reference to the authority shall be liberally construed for the accomplishment of the purposes of the authority.
SECTION 20. Scope of operations.
The scope of the authority's operation shall be limited to the territory embraced within Colquitt, Grady, Mitchell, and Thomas counties; provided, however, that nothing in this Act shall be construed as prohibiting the authority from providing services or facilities to political subdivisions or other public bodies outside of such territory pursuant to an intergovernmental contract.
SECTION 21. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
March 7, 2001
Representative Richard Royal District 164 State Capitol, Room 135 Atlanta, Georgia 30334
Dear Representative Royal:

3570 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. I!

Please accept this letter as written authorization to proceed to introduce local legislation to create the South Georgia Governmental Services Authority (LC 18 1008ER).

We greatly appreciate your assistance in the enactment of this legislation.

Sincerely,

Sincerely,

s/ Roy Campbell Roy Campbell Mayor

s/ William T. Berry William T. Berry City Manager

RESOLUTION

WHEREAS, it is essential to deliver quality services at an affordable cost, and

WHEREAS, it is prudent to seek and identify the most efficient and effective method for the delivery of services, and

WHEREAS, the collaboration of the Cities of Cairo, Camilla, Moultrie and Thomasville will enable the delivery of certain services in a cost effective manner, and

WHEREAS, in order to consummate the collaboration of the four cities and to facilitate the service delivery utilizing common resources of the four cities it is necessary to form an authority; and

WHEREAS, the Authority, the South Georgia Governmental Services Authority, must be created by an act of local legislation passed by the House of Representatives and the Senate, and signed into law by the Governor of the State of Georgia, and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of Cairo supports the creation of the South Georgia Governmental Services Authority and requests the legislative bodies and Governor of the State of Georgia to place into law an act of local legislation to create this Authority.

PASSED and ADOPTED this the 26th day of February 2001.

ATTEST: s/ Martha Faye Lewis Martha Faye Lewis City Clerk

s/ Dan A. Wells Mayor

____________GEORGIA LAWS 2001 SESSION__________3571
Notice is hereby given that there will be introduced during the 2001 General Session of the General Assembly of Georgia a Bill to create the SOUTH GEORGIA GOVERNMENTAL SERVICES AUTHORITY, serving municipalities and other local governmental bodies of and within the counties of Colquitt, Grady, Mitchell and Thomas; to provide for the membership of the South Georgia Governmental Services Authority; to provide for its powers, duties, and authority; to provide for all matters relative to the foregoing, and for the purposes.
This 12th day of February, 2001.
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 the Representative from the 164th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger which is the official organ of Grade County on the following date: February 14, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

3572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

s/ A. RICHARD ROYAL A. Richard Royal Representative, 164th District

Sworn to and subscribed before me, this 2nd day of March, 2001.

s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)

Resolution

WHEREAS, it is essential to deliver quality services at an affordable cost, and

WHEREAS, it is prudent to seek and identify the most efficient and effective method for the delivery of services, and

WHEREAS, the collaboration of the Cities of Cairo, Camilla, Moultrie and Thomasville will enable the delivery of certain services in a cost effective manner, and

WHEREAS, in order to consummate the collaboration of the four cities and to facilitate the service delivery utilizing common resources of the four cities it is necessary to form an authority, and

WHEREAS, the Authority, the South Georgia Governmental Services Authority, must be created by an act of local legislation passed by the House of Representatives and the Senate, and signed into law by the governor of the State of Georgia, and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of Camilla supports the creation of the South Georgia governmental Services Authority and requests the legislative bodies and Governor of the State of Georgia to place into law an act of local legislation to create this Authority.

SO DONE, this 12th day of February 2001.

Attest:

s/ Alfred J. Powell, Jr. Alfred J. Powell, Jr., Mayor

s/ Kathy N. Baker Kathy N. Baker, City Clerk

_____________GEORGIA LAWS 2001 SESSION__________3573
Notice is hereby given that there will be introduced during the 2001 general session of the General Assembly of Georgia a Bill to create the SOUTH GEORGIA GOVERNMENTAL SERVICES AUTHORITY, serving municipalities and other local governmental bodies of and within the counties of Colquitt, Grady, Mitchell, and Thomas; to provide for the membership of the South Georgia Governmental Services Authority; to provide for its powers, duties, and authority; to provide for all other matters relative to the foregoing; and for other purposes.
This 16th day of February, 2001.
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 the Representative from the 164th District and further deposes and says as follows:
(1) That the attached 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 16, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1 -14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

3574 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____

s/ A. RICHARD ROYAL A. Richard Royal Representative, 164th District

Sworn to and subscribed before me, this 2nd day of March, 2001.

s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)

Resolution

WHEREAS, it is essential to deliver quality services at an affordable cost, and

WHEREAS, it is prudent to seek and identify the most efficient and effective method for the delivery of services, and

WHEREAS, the collaboration of the Cities of Cairo, Camilla, Moultrie and Thomasville will enable the delivery of certain services in a cost effective manner, and

WHEREAS, in order to consummate the collaboration of the four cities and to facilitate the service delivery utilizing common resources of the four cities it is necessary to form an authority; and

WHEREAS, the Authority, the South Georgia Governmental Services Authority, must be created by an act of local legislation passed by the House of Representatives and the Senate, and signed into law by the Governor of the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of Thomasville supports the creation of the South Georgia Governmental Services Authority and requests the legislative bodies and Governor of the State of Georgia to place into law an act of local legislation to create this Authority.

SO DONE, this the 26th day of February 2001.

Attest:

si Roy Campbell Mayor

s/ Kathleen J. Vinson City Clerk

_____________GEORGIA LAWS 2001 SESSION__________3575
Notice is hereby given that there will be introduced during the 2001 general session of the General Assembly of Georgia a Bill to create the SOUTH GEORGIA GOVERNMENTAL SERVICES AUTHORITY, serving municipalities and other local governmental bodies of and within the counties of Colquitt, Groly, Mitchell, and Thomas; to provide for the membership of the South Georgia Governmental Services Authority; to provide for its powers, duties, and authority, to provide for all other matters relative to the foregoing; and for other purposes.
This 16th day of February, 2001.
William T. Berry City Manager City of Thomasville
GEORGIA, 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 the Representative from the 164th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Thomasville Times-Enterprise which is the official organ of Thomas County on the following date: February 16, 2001. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed

3576 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ A. RICHARD ROYAL A. Richard Royal Representative, 164th District
Sworn to and subscribed before me, this 2nd day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Resolution CITY OF MOULTRIE
WHEREAS, it is essential to deliver quality services at an affordable cost, and
WHEREAS, it is prudent to seek and identify the most efficient and effective method for the delivery of services, and
WHEREAS, the collaboration of the Cities of Cairo, Camilla, Moultrie and Thomasville will Enable the delivery of certain services in a cost effective manner, and
WHEREAS, in order to consummate the collaboration of the four cities and to facilitate the service delivery utilizing common resources of the four cities it is necessary to form an authority; and
WHEREAS, the Authority, the South Georgia Governmental Services Authority, must be created by an act of local legislation passed by the House of Representatives and the Senate, and signed into law by the Governor of the State of Georgia, and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Moultrie supports the creation of the South Georgia Governmental Services Authority and requests the legislative bodies and Governor of the State of Georgia to place into law an act of local legislation to create this Authority.
Done, this the 20th day of February 2001.
(SEAL)

_____________GEORGIA LAWS 2001 SESSION__________3577

Attest: s/ Carolyn Harrell Asst. City Clerk

s/ William M. Mclntosh Mayor

I, Gary McDaniel, Clerk of the City of Moultrie, hereby certify that the foregoing is a true and correct copy of a resolution duly adopted by the Mayor and Council of the City of Moultrie in regular session on February 20, 2001.

s/ Gary O. McDaniel

Notice is hereby given that there will be introduced during the 2001 general session of the General Assembly of Georgia a Bill to create the South Georgia Governmental Services Authority, serving municipalities and other local governmental bodies of and within the counties of Colquitt, Grady, Mitchell, and Thomas; to provide for the membership of the South Georgia Governmental Services Authority; to provide for its powers, duties, and authority; to provide for all other matters relative to the foregoing; and for other purposes.

This 14th day of February, 2001.

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 the Representative from the 164th District and further deposes and says as follows:

(1) That the attached 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 14, 2001.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

3578 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ A. RICHARD ROYAL A. Richard Royal Representative, 164th District
Sworn to and subscribed before me, this 2nd day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved March 27, 2001.
EFFINGHAM COUNTY - BOARD OF COMMISSIONERS; COMPENSATION.
No. 22 (House Bill No. 703).
AN ACT
To amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Effmgham," approved July 26, 1921, as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3696), so as to change the compensation of the chairperson and members of such board of commissioners; to provide for cost of living increases and longevity increases; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to create a Board of Commissioners of Roads and

_____________GEORGIA LAWS 2001 SESSION__________3579
Revenues for the County of Effingham," approved July 26, 1921, as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3696), is amended by striking in its entirety Section 4 and inserting in lieu thereof the following:
'SECTION 4. (a) Each member of the board, other than the chairperson, shall receive as his or her base compensation for services an amount equal to 20 percent of the minimum salary established by general law for the sheriff of Effingham County. The chairperson shall receive as his or her base compensation for services an amount equal to 22 percent of the minimum salary established by general law for the sheriff of Effingham County. (b) On and after July 1, 2001, whenever the sheriff of Effingham County receives a cost-of-living increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in subsection (a) of this section or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (c) of this section, where applicable, shall be increased by the same percentage or same amount applicable to such sheriff. (c) The amounts provided in subsection (a) of this section, as increased by subsection (b) of this section, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any member of the board or by the chairperson after December 31, 2001, effective the first day of January following the completion of each such period of service. (d) The amounts provided in subsection (a) of this section, as increased by subsections (b) and (c) of this section, shall be increased by 20 percent for any commissioner who successfully completes the voluntary commissioner training certification program offered by the Carl Vinson Institute of Government."
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 such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
STATE OF GEORGIA COUNTY OF EFFINGHAM
A RESOLUTION REGARDING THE MINIMUM COMPENSATION OF THE BOARD OF COMMISSIONERS OF EFFINGHAM COUNTY
BE IT RESOLVED by the Board of Commissioners of Effingham County in regular meeting assembled and pursuant to lawful authority thereof:

3580 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
WHEREAS, virtually all of Georgia's elected county officials, including sheriffs, probate judges, clerks of court, tax commissioners, magistrates, and sole commissioners benefit from minimum compensation statutes enacted by the General Assembly including; and
WHEREAS, such minimum compensation statutes are tailored to provide cost-ofliving adjustments equal to the COLA approved by the General Assembly for state employees and to reward experience by providing longevity increases in compensation for officials that are re-elected to office; and
WHEREAS, members of county boards of commissioners are the notable exception to the foregoing; and
WHEREAS, as a result of this oversight, commissioner compensation is inadequate in Effingham County; and
WHEREAS, equity calls for treating all county elected officials similarly and fairly with regard to compensation; and
WHEREAS, fairness among county elected officials with regard to compensation would eliminate one of the sources of friction between county commissioners and other county elected officials; and
WHEREAS, legislation to amend the General Assembly's local acts pertaining to Effingham County as proposed herein would result in only a small increase in the compensation of the board of commissioners of Effingham County;
NOW, THEREFORE, BE IT RESOLVED that the governing authority of Effingham County hereby endorses and urges the members of the General Assembly to enact legislation that would, effective the first month following the enactment:
1. Establish a base salary for Effingham County Commissioners of 20% of the minimum pay of sheriffs, currently $8,663.00 per year;
2. Establish a base salary for the Chairman of the Effingham County Board of Commissioners at a rate equal to the base salary of commissioners plus 10%, currently $9,529.30 per year;
3. Provide for a longevity increase in the salary of commissioners of 5% at the end of each four-year term of office and COLA increases equal to the COLA increases of state employees; and
4. Authorize a supplement of 20% to all commissioners who successfully complete the voluntary commissioner training certification program offered by the

_____________GEORGIA LAWS 2001 SESSION__________3581
Carl Vinson Institute of Government.
This 16 day of January, 2001.
BOARD OF COMMISSIONERS, EFFINGHAM COUNTY, GEORGIA
By: Phillip E. King s/ PHILLIP E. KING CHAIRMAN
ATTEST: Sandra Andrews s/ SANDRA ANDREWS COUNTY CLERK (SEAL)
NOTICE OF INTENTION TO INTRODUCE LEGISLATION
Notice is hereby given that there will be introduced in the 2001 Session of the General Assembly of Georgia a bill affecting the Compensation of the Board of Commissioners of Effingham County, Georgia.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who on oath deposes and says that she is the Representative from the 147th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Effingham Herald which is the official organ of Effingham County on the following date: January 25, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

3582 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
_____ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ ANN R. PURCELL Ann R. Purcell Representative, 147th District
Sworn to and subscribed before me, this 21st day of February, 2001 .
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved March 28, 2001.
CITY OF MARIETTA - HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.
No. 33 (Senate Bill No. 92).
AN ACT
To provide for a homestead exemption from certain City of Marietta ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

_____________GEORGIA LAWS 2001 SESSION_________3583
SECTION 1. As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Marietta, including, but not limited to, taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence.
SECTION 2. Each resident of the City of Marietta is granted an exemption on that person's homestead from all City of Marietta ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value ofthat homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.
SECTION 3. A person shall not receive the homestead exemption granted by Section 2 of this Act unless the person or person's agent files an application with the governing authority of the City of Marietta, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Marietta, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption.
SECTION 4. The governing authority of the City of Marietta, or the designee thereof, shall provide application forms for the exemption granted by Section 2 of this Act which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 5. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in Section 3 of this Act, it shall not be necessary to make application thereafter for any year and the exemption shall

3584 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under Section 2 of this Act to notify the governing authority of the City of Marietta, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
SECTION 6. The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by Section 2 of this Act shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes.
SECTION 7. The exemption granted by Section 2 of this Act shall apply to all taxable years beginning on or after January 1, 2002.
SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Marietta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Marietta for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. The municipal 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 Cobb County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from certain City of Marietta ad valorem taxes for municipal
NO ( ) purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?"
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 onehalf of the votes cast on such question are for approval of the Act, Sections 1 through 7 of this Act shall become of full force and effect on January 1, 2002. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Marietta. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

_____________GEORGIA LAWS 2001 SESSION__________3585
SECTION 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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 2001 session of the General Assembly of Georgia a bill to provide for a homestead exemption from certain City of Marietta ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for an alternative homestead exemption from certain City of Marietta ad valorem taxes for municipal purposes in the amount of $6,000.00 of the assessed value of that homestead for residents of the City of Marietta which shall become effective only under certain circumstances; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 4th day of January 2001.
Representative Judith M. Manning 32nd District
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 the Senator from the 33rd District and further deposes and says as follows:
(1) That the attached 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 12, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

3586 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ The notice requirement of subsection (b) of Code Section 28-1 -14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ STEVE THOMPSON Steve Thompson Senator, 33rd District
Sworn to and subscribed before me, this 29th day of January, 2001. s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CITY OF MARIETTA - HOMESTEAD EXEMPTIONS; CITY TAXES REFERENDUM.
No. 34 (House Bill No. 21).
AN ACT
To provide for a homestead exemption from certain City of Marietta ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for an alternative homestead exemption from certain City of Marietta ad

___________GEORGIA LAWS 2001 SESSION__________3587
valorem taxes for municipal purposes in the amount of $6,000.00 of the assessed value of that homestead for residents of the City of Marietta which shall become effective only under certain circumstances; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART 1 SECTION 1-1. As used in this part, the term: (1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Marietta, including, but not limited to, taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this part is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. SECTION 1-2. Each resident of the City of Marietta is granted an exemption on that person's homestead from all City of Marietta ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value ofthat homestead. This exemption shall' apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.
SECTION 1-3. A person shall not receive the homestead exemption granted by Section 1-2 of this part unless the person or person's agent files an application with the governing authority of the City of Marietta, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Marietta, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption.
SECTION 1-4. The governing authority of the City of Marietta, or the designee thereof, shall provide application forms for the exemption granted by Section 1 -2 of this part

3588 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 1-5. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in Section 1-2 of this part, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under Section 1 -2 of this part to notify the governing authority of the City of Marietta, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
SECTION 1-6. The exemption granted by this part shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by Section 1-2 of this part shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes.
SECTION 1-7. The exemption granted by Section 1-2 of this part shall apply to all taxable years beginning on or after January 1, 2002.
PART 2 SECTION 2-1. (a) As used in this part, the term: (1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes, levied by, for, or on behalf of the City of Marietta, including, but not limited to, taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (b) Each resident ofthe City ofMarietta is granted an exemption on that person's homestead from all City of Marietta ad valorem taxes for municipal purposes in the amount of $6,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Marietta, or the designee thereof, giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption, (d) The governing authority ofthe City of Marietta, or the designee thereof, shall

_____________GEORGIA LAWS 2001 SESSION__________3589
provide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 485-50.1 ofthe O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Marietta, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this part shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or school district ad valorem taxes for educational purposes.
(g)(l) Except as otherwise provided in paragraph (2) of this subsection, the homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes. (2) The homestead exemption granted by subsection (b) of this section shall be lieu of and not in addition to that portion of the $4,000.00 homestead exemption from City of Marietta ad valorem taxes that applies to ad valorem taxes for municipal purposes provided for pursuant to an Act approved March 28, 1986 (Ga. L. 1986, p. 5043), such that a person may only receive the $6,000.00 exemption provided under this part with respect to ad valorem taxes for municipal purposes other than educational purposes and the $4,000.00 exemption from independent school district taxes for education purposes provided under Ga. L. 1986, p. 5043. (h) The exemption granted by subsection (b) of this section shall apply only to those taxable years as provided for under Section 3-1 of Part 3 of this Act.
PART 3 SECTION 3-1. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Marietta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Marietta for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. The municipal 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 Cobb County. The ballot shall have written or printed thereon the words:

3590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
"YES ( ) Shall the Act be approved which provides a homestead exemption from certain City of Marietta ad valorem taxes for municipal
NO ( ) purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead and which provides an alternate homestead exemption from certain City of Marietta ad valorem taxes for municipal purposes in the amount of $6,000.00 of the assessed value of that homestead for residents of the City of Marietta which alternate exemption shall only become effective in the event the base year assessed value exemption is declared unconstitutional?"
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 onehalf of the votes cast on such question are for approval of the Act, Part 1 of this Act shall become of full force and effect on January 1, 2002. Part 2 of this Act shall only become effective in the event Part 1 of this Act is adjudged finally to be invalid or unconstitutional with no appeal or review pending. In the event Part 2 of this Act becomes effective, it shall be applicable to all taxable years beginning on or after January 1 of the year following the year of such final adjudication. If the Act is not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Marietta. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3-2. Except as otherwise provided in Section 3-1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3-3. 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 2001 session of the General Assembly of Georgia a bill to provide for a homestead exemption from certain City of Marietta ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for an alternative homestead exemption from certain City of Marietta ad valorem taxes for municipal purposes in the amount of $6.000.00 of the assessed value of that homestead for residents of

_____________GEORGIA LAWS 2001 SESSION__________3591
the City ofMarietta which shall become effective only under certain circumstances; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 4th day of January 2001.
Representative Judith H. Manning 32nd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Judith H. Manning, who on oath deposes and says that she is the Representative from the 32nd District and further deposes and says as follows:
(1) That the attached 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 12, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
__ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

3592 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ JUDITH H. MANNING Judith H. Manning Representative, 32nd District
Sworn to and subscribed before me, this 12th day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
TOWN OF BIBB CITY - CHARTER REPEALED.
No. 36 (House Bill No. 205).
AN ACT
To repeal the charter ofthe Town of Bibb City, which was incorporated by an order of the Superior Court of Muscogee County at the August, 1909, term of court and recorded in the 1909 Civil Minutes of the Superior Court of Muscogee County; to abolish said town and provide for the disposition of the assets, property, liabilities, and legal rights of the town; 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 mayor and council of the Town of Bibb City have adopted resolutions requesting the repeal of the town charter and the town has ceased its existence as an active municipality as required by Code Section 36-30-7.1 of the Official Code of Georgia Annotated. Therefore, the charter of the Town of Bibb City, which was incorporated by an order of the Superior Court of Muscogee County at the August, 1909, term of court and recorded in the 1909 Civil Minutes of the Superior Court of Muscogee County, is repealed and the Town of Bibb City is abolished. The assets, property, liabilities, and legal rights of the town are vested in the Consolidated Government of Columbus, Georgia, and the affairs of the town shall be wound up as provided in Code Section 36-30-7.1 ofthe Official Code ofGeorgia Annotated for a terminated municipality.

_____________GEORGIA LAWS 2001 SESSION__________3593

SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

Resolution Number 12-7-002

Whereas, the Town of Bibb City, Muscogee County, Georgia has requested that the State of Georgia allow the Town of Bibb City, Muscogee County, Georgia to voluntarily surrender its City Charter to the State, the Mayor and Council of Bibb County, Muscogee County, Georgia respectfully requests the Consolidated Government of Columbus, Muscogee County, Georgia to assist the Town of Bibb City and its citizens, by assuming responsibility for any and all municipal services to the Town of Bibb City, and its citizens.

Whereas, the Town of Bibb City, Muscogee County, Georgia, and the Consolidated Government of Columbus, Muscogee County, Georgia are both located in the same county, the Mayor and Council of Bibb City, Muscogee County, Georgia feel that this is a reasonable and appropriate request.

Signed: Thomas L. Bailey

Date: 12-7-00

Thomas L. Bailey-Mayor

Attest: James L. Millirons

Date: 12-7-00

James L. Millirons-Chief of Police

Mayor pro-tern James Floyd

Yes

Councilor Tommy S. Barron, Jr. Yes

Councilor J. T. Givens

Yes

Councilor Ronald Golden

Yes

Councilor Arie "Cissy" King

Yes

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to repeal the charter of the Town of Bibb City and provide for winding up the affairs of the town; and for other purposes.

This 3rd day of January, 2001.

THOMAS B. BUCK, III

GEORGIA, FULTON COUNTY

3594 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 the Representative from the 135th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ of Muscogee County on the following date: January 5, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ THOMAS B. BUCK III, Thomas B. Buck Representative, 135th District
Sworn to and subscribed before me, this 16th day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.

_____________GEORGIA LAWS 2001 SESSION__________3595
BIBB COUNTY - BOARD OF EDUCATION; SCHOOL TAXES; LEVY; BUDGET; REFERENDUM.
No. 37 (House Bill No. 231).
AN ACT
To amend an Act establishing the Board of Public Education and Orphanage for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, particularly by an Act approved April 2, 1992 (Ga. L. 1992, p. 5264), so as to change provisions relating to the certification and levy of the school tax; to delete a provision which requires the board of education to furnish a copy of the final school budget to the board of county commissioners for its review and approval; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; arid for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act establishing the Board of Public Education and Orphanage for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, particularly by an Act approved April 2, 1992 (Ga. L. 1992, p. 5264), is amended by striking Section 3 of said Act and inserting in lieu thereof the following:
"SECTION 3. (a) The board shall be entitled to and shall receive for the purposes of this Act the pro rata share for Bibb County of all taxes now paid to the state and set apart for educational purposes and all appropriations for such purposes and the pro rata share for Bibb County of all endowments, devises, gifts, and bequests made, or hereafter to be made, to the state or State Board of Education and of any and all educational incomes and funds not belonging to and due to the board of regents now in the treasury of the state or hereafter to be deposited. (b) The board of education shall annually certify to the Board of Commissioners of Bibb County a school tax for the support and maintenance of education in Bibb County. The board of commissioners shall annually levy said tax upon the assessed value of all taxable property within Bibb County and collect the same like other taxes of the county. The levy made by the board of education and certified to the board of commissioners shall not exceed 20 mills per dollar unless such mill limitation shall be increased or removed in the manner provided by law."
SECTION 2. Said Act is further amended by striking Section 3A in its entirety and inserting in lieu thereof the following:

3596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____

Reserved.'

'SECTION 3A.

SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bibb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the voters of Bibb County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2002, general election and shall issue the call and conduct the election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bibb County. The ballot shall have printed thereon the words:
"YES ( ) Shall the Act be approved which changes the provisions of law relating to the certification and levy of the school tax by the Bibb
NO ( ) County Board of Education?"
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 onehalf of the votes cast on such question are for approval of the Act, it shall become of full force and effect on the first day of January immediately following that election date. If the Act is not so approved or if the election is not conducted as provided in this section, the Act shall not become effective and shall be automatically repealed on the first day of January immediately following that election date.
SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

GEORGIA, BIBB COUNTY

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

PURSUANT TO the provisions of O.C.G.A. 26-1-14, notice is hereby given that application will be made to the 2001 session of the General Assembly of Georgia to amend an Act establishing the Board of Public Education for Bibb County the "Board of Education", approved August 25, 1872 (Ga. L. 1872, p. 388), as amended, particularly by an Act approved April 2, 1992 (Ga. L. 1992, p. 5264) (the "Act") so as to (1) amend Section 3 of the Act to provide that the Board of Education shall annually certify to the Board of Commissioners of Bibb County a school tax not greater than 20 miles per dollar for the support and maintenance of public education in Bibb County and that the Board of Commissioners shall

GEORGIA LAWS 2001 SESSION

3597

annually levy such tax upon the assessed value of all property within Bibb County which is taxable for school purposes; (2) to delete Section 3 A of the Act which provides for furnishing a copy of the final school district budget to the Board of Commissioners; (3) to amend Section 5 of the Act to provide that the Board of Education is authorized to fix the compensation and provide for the reimbursement of expenses for the members of the board; and (4) for other purposes.

This 20th day of December 2000.

s/ W. Warren Plowden, Jr. Attorney for the Board of Public
Education for Bibb County

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Lucas, who on oath deposes and says that he is the Representative from the 124th District and further deposes and says as follows:

(1) That the attached Notice of Intention to Introduce Local Legislation was published in the which is the official organ of County on the following date: December 30, 2000.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
__ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
_____ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided

3598 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ DAVID E. LUCAS, SR. David E. Lucas, Sr. Representative, 124th District
Sworn to and subscribed before me, this 24th day of January, 2001
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
PICKENS COUNTY - BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 38 (House Bill No. 305).
AN ACT
To create a board of elections and registration for Pickens County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the members of the board and elections supervisor; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2001 SESSION__________3599
SECTION 1. Pursuant to subsection (b) ofCode Section 21 -2-40 ofthe O.C.G.A., there is created the Pickens County Board of Elections and Registration. The board shall have the powers and duties ofthe election superintendent relating to the conduct ofprimaries and elections and shall have the powers and duties ofthe board ofregistrars relating to the registration of voters and absentee balloting procedures.
SECTION 2. (a) The board shall be composed of five members, each of whom shall be an elector and resident of Pickens County.
(b)(l) Two members shall be appointed by the chairperson of the county executive committee ofthe political party whose candidate at the last preceding general election held for the election of Governor received the largest number of votes in this state for Governor, and two members shall be appointed by the chairperson of the county executive committee of the political party whose candidate at such election received the next largest number of such votes; provided, however, each such appointment shall have been ratified by a majority of the members of each such respective executive committee voting at a regularly scheduled meeting of such executive committee or a meeting duly called and held for such purpose. In the event such appointments are not ratified by a majority ofthe members of such executive committees at least 60 days preceding the date on which such members are to take office, the members of the respective executive committees may elect such members by a two-thirds' majority ofthe membership ofsuch executive committees present at regularly scheduled meetings or at meetings duly called and held for such purpose. In the event the members of said executive committees fail to elect such members at least 30 days preceding the date on which such members are to take office, such members shall be appointed in accordance with the provisions of subsection (b) of Section 3 of this Act. (2) The person serving as chief registrar of Pickens County, or his or her successor, in office on January 1, 2001, shall serve as the fifth member of the board until June 30, 2003. Effective July 1, 2003, the fifth member of the board shall be appointed by a majority vote of the other four members of the board. The initially appointed fifth member shall be appointed not later than July 1, 2003. Any successor to such fifth member shall be appointed within 30 days of the party appointed members taking office. The fifth member shall be deemed to be a member at large and shall be the chairperson of the board. Any appointment made under the provisions of this paragraph shall also be entered upon the minutes of the governing authority. The appointment of the member at large shall not be governed by the provisions of subsection (b) of Section 3 of this Act. (c) The first party appointed members of the board shall be appointed for initial terms of office beginning July 1, 2001, and ending December 31, 2004. The first appointed fifth member succeeding the chief registrar shall be appointed for an initial term beginning July 1, 2003, and ending December 31, 2004. After the

3600 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
initial terms of office, successors to members whose terms are to expire shall be appointed to take office on the first day of January immediately following the expiration of such initial terms of office and shall serve for terms of four years each and until their successors are duly appointed and qualified, (d) No person who holds public office, whether elective or appointive, shall be eligible to serve as a member of the board during the term of such office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office or appointment to public office.
SECTION 3. (a) The appointment or election of each member shall be made by the respective appointing or electing authority's filing with the clerk of the Superior Court of Pickens County an affidavit which states the name and residential address of the person appointed or elected and certifies that such member has been duly appointed or elected as provided in this Act. The affidavit for the member who has been appointed as chairperson of the board shall also specify that member's position as chairperson. The clerk of the superior court shall record each such certification on the minutes of the court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairperson within the same time and in the same manner as provided by law for registrars. (b) If any appointing or electing authority does not, in conformity with this Act, certify an appointment or election to the board within 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, the judge of the Probate Court of Pickens County shall immediately fill that vacancy by making the appointment thereto and shall certify it as provided in this section. Any person appointed to fill a vacancy shall serve out the unexpired term of office.
SECTION 4. Each member of the board shall be eligible to succeed himself or herself without limitation and shall have the right to resign at any time by giving written notice of his or her resignation to the appointing or electing authority and to the clerk of the Superior Court of Pickens County. Each member shall be subject to removal from the board by the governing authority of Pickens County at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
SECTION 5. Except as provided in subsection (b) of Section 3 of this Act, in the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, except by expiration of term, the respective appointing or electing authority which appointed or elected the member whose position is vacant shall appoint or elect a successor for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments or elections and record

____________GEORGIA LAWS 2001 SESSION__________3601
and certify such appointments or elections in the same manner as the regular appointment or election of members.
SECTION 6. Before entering upon his or her duties, each member of the board shall take substantially the same oath as required by law for registrars. Each member of the board shall have the same privileges from arrest as registrars.
SECTION 7. On July 1, 2001, the election superintendent of Pickens County and the board of registrars of Pickens County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act; and they shall deliver thereafter to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. Also, at such time, the board ofregistrars and the office of chief registrar of Pickens County shall be abolished.
SECTION 8. (a) The board shall be authorized to organize 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 for the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board.
SECTION 9. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at the county courthouse. Any specially called meetings, held pursuant to the bylaws adopted by the board, shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information. All meetings of the board, without limitation, shall be open to the public. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review.
SECTION 10. (a) The board shall be responsible for the selection and appointment of an administrative director, to be known as the elections supervisor, to administer and supervise conduct ofelections, primaries, and registration ofelectors for the county. The elections supervisor shall serve at the pleasure of the board. The board shall act within 60 days of its members taking office under this Act to retain or appoint

3602 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
an elections supervisor who shall be hired by the board from a job description drawn by said board. (b) In the event the board fails to appoint or retain an elections supervisor to fill a vacancy within the time specified in subsection (a) of this section, an acting elections supervisor who shall fill temporarily such vacancy shall be appointed by the governing authority to serve until the board fills the vacancy.
SECTION 11. The board shall be authorized to employ such full-time and part-time employees, including a full-time chief clerk, as the board shall deem necessary. The governing authority of Pickens County shall have the right to approve the hiring of any such employee.
SECTION 12. With the consent of the governing authority of Pickens County, the board of elections and registration shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.
SECTION 13. Compensation for the members of the board, employees of the board, and the elections supervisor shall be fixed by the board with the approval of the governing authority of Pickens County. Such compensation shall be paid from county funds.
SECTION 14. The governing authority of Pickens County shall provide the board and the elections supervisor with proper and suitable offices and equipment.
SECTION 15. The board is authorized to perform for any municipality located wholly or partially within Pickens County any functions and duties which election superintendents and boards of registrars are authorized by general law to perform on behalf of municipalities under such conditions as provided by general law.
SECTION 16. The words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meanings ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act.

_____________GEORGIA LAWS 2001 SESSION__________3603
SECTION 17. This Act shall become effective on July 1, 2001, except that, for purposes of making initial appointments to the board, it shall become effective upon May 1, 2001.
SECTION 18. 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 2001 session of the General Assembly of Georgia a bill to create a board of elections and registration for Pickens County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification and terms of its members; to provide for resignation, succession and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the members of the board and elections supervisor; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes.
This 12th day of January 2001.
GARLAND F. PINHOLSTER State Representative, District 15
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Garland Pinholster, who on oath deposes and says that he is the Representative from the 15th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress which is the official organ of Pickens County on the following date: January 18, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

3604 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
_____ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/GARLAND PINHOLSTER Garland Pinholster Representative, 15th District
Sworn to and subscribed before me, this 26th day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CITY OF HIGGSTON - NEW CHARTER.
No. 39 (House Bill No. 309).
AN ACT
To provide a new charter for the City of Higgston; to provide for incorporation, boundaries, and powers ofthe city; to provide for a governing authority ofsuch city

_____________GEORGIA LAWS 2001 SESSION__________3605
and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATIONS AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style City of Higgston and by that name shall have perpetual succession.
SECTION 1.11.
Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Higgston." Photographic, typed, or other copies of such map or description certified by the City of Higgston shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

3606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the power of self-government not otherwise prohibited by this charter or by general law. (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.
(a) Animal Regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinances; and to provide punishment for violation of ordinance enacted hereunder; (b) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (c) Building Regulation. To regulate and to license the erection and construction ofbuildings and all other structures; to adopt building, housing, plumbing, electric, gas, and heating and air-conditioning codes; and to regulate all housing, and building trades; (d) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 ofthe O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (e) Condemnation. To condemn property, inside and outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;

_____________GEORGIA LAWS 2001 SESSION__________3607
(h) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of the air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (i) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (j) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (k) General Health and Welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (1) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to 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; (m) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (n) Jail Sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (o) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (p) Municipal Agencies and Delegation of Power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (q) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (r) Municipal Property Ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (s) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city and the administration and the use of same

3608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
by the public; and to prescribe penalties and punishment for violations thereof; (t) 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, cable television and other telecommunications, transportation facilities, public airports, and other public utilities; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (w) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (x) Police and Fire Protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a fire-fighting agency; (y) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (z) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (aa) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (bb) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (cc) Public Utilities and Services. To grant franchises or make contracts for or impose taxes on public utilities and public services companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with regulations of the Public Service Commission; (dd) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the

____________GEORGIA LAWS 2001 SESSION__________3609
corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (ee) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (ff) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (gg) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on real estate owners to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (hh) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (ii) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (jj) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (kk) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (11) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;

3610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(nn) Urban Redevelopment. To organize and operate an urban redevelopment program; and (oo) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare ofthe city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided in this charter. Ifthis charter makes no provisions, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE 2 GOVERNMENTAL STRUCTURE
SECTION 2.10. City council creation; 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 councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.
SECTION2.il. Mayor or city council terms and qualifications for office.
The mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident ofthe city for 12 months prior to the date ofelection ofmayor or members of the council; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city.

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SECTION 2.12. Vacancy; filling of vacancies.
(a) Vacancies The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of Vacancies A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the council if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 ofthe O.C.G.A., or other such laws as or may hereafter be enacted.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Holding other office; voting when financially interested.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which that person was elected. (c) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.

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SECTION 2.16. General power and authority of the city council.
Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city.
SECTION 2.17. Eminent domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies, and cable systems, facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meetings.
The city council shall hold an organizational meeting on July 3,2001. The meeting shall be called to order by the city clerk and the oath of office shall be administered to any newly elected members as follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) 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 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 shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember 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 councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law

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and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 2.20. Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions ofthis charter and shall provide for keeping ajournal of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum: voting.
The mayor or mayor pro tern, and city clerk and three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote.
SECTION 2.22. Ordinance form; procedures.
(a) Every proposed ordinance should be introduced in writing. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Higgston" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; except for emergency ordinances provided in Section 2.24. Upon introduction of any ordinance, the clerk shall within five working days distribute a copy to the mayor and to each councilmember and shall file a reasonable number ofcopies in the office ofthe clerk and at such other public places as the city council may designate.

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SECTION 2.23. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.24. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing 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 four councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
SECTION 2.25. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereof in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.22(b) for distribution and filing of copies ofthe ordinance shall be construed to include copies ofany code oftechnical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

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SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Higgston." Copies of the code shall be furnished to all officers, departments, and agencies ofthe city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be printed for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.27. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector ofthis city and shall have been a resident of the city for 12 months preceding the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmember.
SECTION 2.28. Chief executive officer.
The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative power granted to the city under the Constitution and laws of the State of Georgia and the executive and administrative powers contained in this charter.

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SECTION 2.29. Powers and duties of mayor.
As the chief executive of this city, the mayor shall: (a) See that all laws and ordinances of the city are faithfully executed; (b) Appoint and remove all officers, department heads, and employees of the city, except as otherwise provided in this charter; (c) Exercise supervision over all executive and administrative work ofthe city and provide for the coordination of administrative activities; (d) Prepare and submit to the city council a recommended operating budget and capital budget; (e) Submit to the city council at least once a year a statement covering the financial conditions of the city and, from time to time, such other information as the city council may request; (f) Recommend to the city council such measures relative to the affairs of the city, improvement ofthe government, and promotion ofthe welfare of its inhabitants as the mayor may deem expedient; (g) Call special meetings of the city council as provided for in Section 2.19(b); (h) Approve or disapprove ordinances as provided in Section 2.30; (i) Provide for an annual audit of all accounts of the city; (j) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (k) Perform such other duties as may be required by law, this charter, or by ordinance.
SECTION 2.30. Submission of ordinances to the mayor; veto power.
(a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayor's approval or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become a law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of four members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein.

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The reduced part or parts shall be presented to city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) above.
SECTION 2.31. Mayor pro tern.; selection; duties.
By a majority vote, the city council shall elect a councilmember to serve as mayor pro tern, each year. The mayor pro tern shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon mayor's physical or mental disability or absence. The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tem. is disabled, absent or acting as mayor. Any such absence or disability shall be declared by majority vote of all councilmembers.
ARTICLE III ADMINISTRATIVE AFFAIRS.
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant 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 by law, the directors of departments and other appointed officers of this city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.
SECTION3.il. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and

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authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office in such a manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city, with the exception of the Planning and Zoning Committee. (e) Any vacancy on a board commission, or authority shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of four members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice chair and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 3,12. City attorney.
The city council shall appoint each year 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 providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meeting5 of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney.

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SECTION 3.13. City clerk.
The city council shall appoint each year a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council.
SECTION 3.14. Position classification and pay plans.
The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes ofthis section, all elected and appointed city officials are not city employees.
SECTION 3.15. Personnel policies.
All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
The city may establish a court to be known as the Municipal Court of the City of Higgston.
SECTION4.il. Chiefjudge; associate judge.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by 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 that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance.

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(d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20.
SECTION 4.12, Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for no more than one year or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (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 that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant s sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and 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 same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to

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its orders, judgments, and sentences; and to administer such oaths as are necessary, (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by an officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and a judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Montgomery County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable ' to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION5.il. Election of the city council and mayor.
In odd years, on the Tuesday next following the first Monday in November, there

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shall be an election for the mayor and the city council. The terms of office shall begin on January 1 following the November election.
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 designations.
SECTION 5.13. Election by plurality.
The person receiving a plurality ofthe votes cast for any city office shall be elected.
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.15. Other provisions.
Except as otherwise provided in this charter, the city council shall, by ordinance, prescribe such rules and regulation it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel, selected by the mayor and the council, shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to

____________GEORGIA LAWS 2001 SESSION__________3623
a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Montgomery County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; and (2) By an order of the Superior Court of Montgomery County following a hearing on a complaint seeking such removal brought by any resident of the City of Higgston.
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, of providing governmental services, for the repayments ofprincipal and interest on general obligations, and for any other public purpose as determined by the city council at its discretion.
SECTION6.il. Millage rate; due dates; payment methods.
The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18.

3624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 6.13. Regulatory fees; permits.
The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided in general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside and outside the corporate limits ofthe city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18.
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street,

__________GEORGIA LAWS 2001 SESSION__________3625
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 and fees.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.

3626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 6.22.
Lease purchase contracts.
The city may enter into multiyear lease, purchase, or lease purchase contracts for the acquisitions of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. 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.
SECTION 6.24. Preparation of budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Submission of operating budget to city council.
On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.26. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all

____________GEORGIA LAWS 2001 SESSION__________3627
debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of the fiscal year of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption ofthe budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditures shall be made or encumbrance created in excess ofthe otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Capital budget.
(a) On or before the date fixed by the city council but no later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement

3628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the last day of the fiscal year of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent
There shall be an annual independent audit of all the 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 principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.31. Contracting procedures.
No contract with the city shall be binding on the city unless it is: (a) In writing; (b) Drawn by or submitted to and reviewed by the city attorney and, as a matter of course, signed by the city attorney to indicate such drafting or review; (c) Made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21; and (d) Signed by the mayor or the mayor pro tem.
SECTION 6.32. Centralized purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of city property.
(a) The city council may sell and convey, or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed

_____________GEORGIA LAWS 2001 SESSION__________3629
for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value, (c) Whenever in opening, extending or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council, may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. 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. Bonds for officials.
The officers and employees of the city, both elected and appointed, shall execute such surety and fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION7.il. Existing ordinances, resolutions, rules, and regulations.
Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for two years from the effective date of this charter. During such two-year period, the city council shall review all such provisions and shall readopt, repeal, or amend each, so that a codification as provided by Section 2.26(b) is accomplished.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 90 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and

3630 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Severability.
Ifany article, section, subsection, paragraph, sentence, or part thereofofthis charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutional^ shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
SECTION 7.16. Specific repealer.
An Act incorporating the Town of Higgston in the County of Montgomery, approved August 17,1903 (Ga.L. 1903,p.531),is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed.
SECTION 7.17. Effective date.
This charter shall become effective on July 1, 2001.

____________GEORGIA LAWS 2001 SESSION_________3631
SECTION 7.18 General Repealer
All laws and parts of laws in conflict with this Act are repealed.
The Mayor and Council intend to enact a new City of Higgston Charter in accordance with Georgia Law. Prior to enactment by the Higgston Council, the Georgia General Assembly must ratify and approve the local legislation bill which will become effective upon its approval by the Governor or upon it becoming law without such approval.
The City of Higgston and its inhabitants will be reincorporated by the enactment of this Charter to be effective July 1, 2001, and shall have perpetual succession.
The public is invited to review the proposed new City of Higgston Charter at City Hall, call 537-0555 for an appointment.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Greg Morris, who on oath deposes and says that he is the Representative from the 155th District and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Montgomery Monitor which is the official organ of Montgomery County on the following date: December 6, 2000.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

3632 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ GREG MORRIS Greg Morris Representative, 155th District
Sworn to and subscribed before me, this 26th day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CHEROKEE COUNTY WATER AND SEWERAGE AUTHORITY - FINES; SUSPENSION OF SERVICE.
No. 40 (House Bill No. 322).
AN ACT
To amend an Act known as the "Cherokee County Water and Sewerage Authority Act," approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, so as to authorize certain fines and the suspension of certain services; to provide for procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act known as the "Cherokee County Water and Sewerage Authority Act," approved March 7,1955 (Ga. L. 1955, p. 2943), as amended, is amended in Section 4 by striking "and" at the end of subsection (i); by striking "given; in this Act." and inserting in its place "given in this Act; and"; and by adding a new subsection immediately following subsection (j), to be designated subsection (k), to read as follows:
*(k) To impose fines in an amount not to exceed $1,000.00 per day for any violation of the Industrial Pre-Treatment Protocols of the federal Environmental

_____________GEORGIA LAWS 2001 SESSION__________3633
Protection Agency adopted by the authority and suspend any and all water and sewerage services until such time as all said fines are paid in full; and to collect said fines through any appropriate civil proceeding brought in the Magistrate Court of Cherokee County or the State Court of Cherokee 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 2000/2001 session of the General Assembly of Georgia a bill to amend an Act known as the 'Cherokee County Water and Sewerage Authority Act", approved March 7,1955 (Ga. L. 1955, P. 2943) as amended, and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Stancil, who on oath deposes and says that he is the Representative from the 16th District and further deposes and says as follows:
(1) That the attached 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 26, 2001,
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

3634 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ STEVE L. STANCIL Steve L. Stancil Representative, 16th District
Sworn to and subscribed before me, this 30th day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
CITY OF BERKELEY LAKE - MAYOR AND COUNCIL; TERMS; VETO; VOTING BY MAYOR; VACANCIES.
No. 41 (House Bill No. 328).
AN ACT
To amend the Act creating a new charter for the City of Berkeley Lake, approved April 9, 1999 (Ga. L. 1999, p. 3636), to provide for four-year terms for the mayor and council; to provide for staggered terms of office; to provide for initial terms of office; to remove the limits on the number of terms which the mayor may serve; to increase the number of votes required to overturn a veto from three to four; to provide for when the mayor may vote; to provide for the filling of vacancies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the City of Berkeley Lake, approved April 9, 1999 (Ga. L. 1999, p. 3636), is amended by striking Section 2.11 in its entirety and inserting in lieu thereof a new Section 2.11 to read as follows:

_____________GEORGIA LAWS 200! SESSION__________3635
'SECTION 2.11. Mayor and city council members; terms and qualifications for office.
(a) The mayor and city councilmembers in office on the effective date of this Act or their successors shall continue in office until the first organizational meeting of the city council in January, 2002, On the Tuesday next following the first Monday in November, 2001, successors shall be elected for the mayor and city councilmembers. (b) Each councilmember shall be elected at large by the voters of the entire municipality by simple plurality of the votes cast. (c) In the November, 2001, election, the candidates for city council receiving the three highest numbers of votes shall serve terms of office of four years and until their successors are elected and qualified beginning with the first organizational meeting of the city council in January. 2002. Successors to such city councilmembers shall be elected on the Tuesday next following the first Monday in November, 2005, and quadrennially thereafter, and shall take office at the first organizational meeting of the city council in January immediately following the date of their election. In the November, 2001, election, the candidates for city council receiving the fourth and fifth highest numbers of votes shall serve initial terms of office of two years arid until their successors are elected and qualified beginning with the first organizational meeting of the city council in January, 2002. Successors to such city councilmembers shall be elected on the Tuesday next following the first Monday in November, 2003. and quadrennially thereafter, and shall take office at the first organizational meeting of the city council in January immediately following the date of their election and shall serve terms of office of four years. (d) Notwithstanding any other provision of this Act to the contrary, the candidate for mayor in the November, 2001, election who receives the highest number of votes shall serve a term of office of two years and until his or her successor is elected and qualified. The mayor shall take office at the first organizational meeting of the city council in January, 2002. On the Tuesday next following the first Monday in November, 2003, and quadrennially thereafter, a successor shall be elected for the mayor. The mayor elected in the November, 2003, election, and subsequently thereafter, shall serve for a term of office of four years and until his or her successor is elected and qualified and shall take office at the first organizational meeting of the city council in January immediately following the date of his or her election."
SECTION 2. Said Act is further amended by striking subsection (b) of Section 2.12 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) Filling of vacancies. In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall appoint a successor. The successor shall serve until the next succeeding special or general election held in the City of Berkeley Lake, at which time the vacant position shall

3636 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
be filled by the election of a successor for the unexpired term of office."
SECTION 3. 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. Quorum; voting. The mayor and four councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. When the mayor pro tempore is presiding in the mayor's absence, the mayor pro tempore and three councilmembers shall constitute a quorum and the mayor pro tempore shall have no vote. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member shall have the right to request a roll-call vote such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall only be able to vote in the event of a tie. The mayor shall have the power to veto any motion, resolution, ordinance, or other question adopted by the council, but such veto may be overridden by a vote of four-fifths of the entire council.*
SECTION 4. Said Act is further amended by striking Section 2.27 in its entirety and inserting in lieu thereof a new Section 2.27 to read as follows:
"Section 2.27. Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.'
SECTION 5, Said Act is further amended by striking Sections 2.30 and 2.31 in their entirety and inserting in lieu thereof a new Section 2.30 to read as follows:
'Section 2.30. Submission of ordinance to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayor's approval, or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of the reasons for the veto. The

____________GEORGIA LAWS 2001 SESSION__________3637
clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of four members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.'
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Notice is given that there will be introduced at the regular 2001 session of the General Assembly ofGeorgia a bill to provide for amendments to the Charter ofthe City of Berkeley Lake to allow for staggered terms of four years for the Mayor and Council; to remove the limitation on the number of terms a Mayor can serve; and for other purposes.
THIS the 10th day of January, 2001.
-s- Brooks P. Coleman, Jr. State Representative District 80
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Brooks Coleman, Jr. on oath deposes and says that he is the Representative from the 80th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on the following date: January 14, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

3638 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BROOKS P. COLEMAN, JR. Brooks P. Coleman, Jr. Representative, 80th District
Sworn to and subscribed before me, this 30th day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
EFFINGHAM COUNTY - STATE COURT; JUDGE; SOLICITOR; FULL-TIME SERVICE; QUALIFICATIONS; COMPENSATION.
No. 42 (House Bill No. 353). AN ACT
To amend an Act creating the State Court of Effingham County (formerly known as the City Court of Springfield), approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved April 5,1961 (Ga.L. 1961,p.2881), and an Act approved April 19, 2000 (Ga. L. 2000, p. 3936), so as to provide that the judge and solicitor of such court shall devote their full time to the duties of their offices; to provide for qualifications; to provide for salaries; to provide an effective

____________GEORGIA LAWS 2001 SESSION__________3639
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Effingham County (formerly known as the City Court of Springfield), approved July 20, 1908 (Ga. L, 1908, p. 211), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 2881), and an Act approved April 19, 2000 (Ga. L. 2000, p. 3936), is amended by striking Sections 2 and 2 A and inserting in lieu thereof the following:
'SECTION 2. (a) There shall be a judge of the State Court of Effingham County. The judge of the State Court of Effingham County serving on the effective date of this Act shall continue to serve for the remainder of his or her term and until his or her successor has been duly elected and qualified. Thereafter, successors to judges of the State Court of Effingham County whose terms of office are to expire shall be nominated in a nonpartisan general primary and elected at the nonpartisan general election immediately preceding such expiration of term, shall take office the first day of January immediately following such election, and shall serve for a term of office of four years and until the election and qualification of a successor. (b) The judge of said court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Chapter 7 of Title 15 of the Official Code of Georgia. He or she shall be vested with all the power and authority of the judges of the state courts by Title 7 of Chapter 15 of the Official Code of Georgia Annotated. (c) The judge shall devote full time to the duties of his office and shall be paid a salary equal to 85 percent ofthe yearly base salary set by the General Assembly for judges of the superior courts. Said salary shall be payable out of the funds of Effingham County at the same intervals as installments are paid to other county officers."
SECTION 2. Said Act is further amended by striking Sections 4 and 4A and inserting in lieu thereof the following:
'SECTION 4. (a) There shall be a solicitor of the State Court of Effingham County. The solicitor of the State Court of Effingham County serving on the effective date of this Act shall continue to serve for the remainder of his or her term and until his or her successor has been duly elected and qualified. Those and all future successors to the solicitor of the State Court of Effingham County whose terms of office are to expire shall be nominated in a nonpartisan general primary and elected at the nonpartisan general election immediately preceding such expiration

3640 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
of term, shall take office the first day of January immediately following such election, and shall serve for a term of office of four years and until the election and qualification of a successor, (b) The solicitor of the State Court of Effingham County shall be an attorney licensed to practice law in the State of Georgia. (c) The solicitor shall devote full time to the duties of his or her office and shall be paid a salary equal to 85 percent of the yearly base salary paid to the judge of the State Court of Effingham County. Said salary shall be payable out of the funds of Effingham County at the same intervals as installments are paid to other county officers.'
SECTION 3. This Act shall become effective on January 1, 2002.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
STATE OF GEORGIA COUNTY OF EFFINGHAM
A RESOLUTION TO REQUEST LOCAL LEGISLATION REGARDING THE STATE COURT OF EFFINGHAM COUNTY
BE IT RESOLVED by the Board of Commissioners of Effingham County in regular meeting assembled and pursuant to lawful authority thereof:
WHEREAS, an increasing number of cases are filed in the State Court of Effingham County each year; and
WHEREAS, the Board of Commissioners wishes to enhance the ability of the State Court of Effingham County to accommodate the past and expected growth in its caseload; and
WHEREAS, Title 15 of the Official Code of Effingham County, Georgia authorizes the General Assembly to enact local laws governing the establishment and compensation of solicitors and judges of the Effingham County State Court;
NOW, THEREFORE, BE IT RESOLVED that, the Board of Commissioners of Effingham County requests that the Honorable Ann R. Purcell, Representative for the 129th District, to introduce legislation during the 2001 session of the General Assembly of the State of Georgia as follows:
1. To establish effective January 1, 2002 a full-time Judge of State Court of Effingham County, Georgia at an amount equal to 85 percent of the yearly base salary set by the Georgia General Assembly for Judges of Superior Courts of the

____________GEORGIA LAWS 2001 SESSION__________3641
State of Georgia.
2. To establish effective January 1, 2002 a full-time Solicitor of State Court of Effingham County at a yearly base salary of 85% of the salary of the Judge of State Court of Effingham County, Georgia.
This 2 day of January, 2001.
BOARD OF COMMISSIONERS, EFFINGHAM COUNTY, GEORGIA
BY: Phillip E. King s/ PHILLIP E. KING CHAIRMAN
ATTEST: Sandra Andrews s/ SANDRA ANDREWS COUNTY CLERK
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced in the 2001 Session of the General Assembly of Georgia a bill affecting the Compensation ofthe Solicitor and Judge of the State Court of Effingham County, Georgia.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who on oath deposes and says that she is the Representative from the 147th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in Effingham Herald the which is the official organ of Effingham County on the following date: January 11, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated

3642 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ANNR. PURCELL Ann R. Purcell Representative, 147th District
Sworn to and subscribed before me, this 31st day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
CITY OF DECATUR - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM.
No. 43 (House Bill No. 362).
AN ACT
To provide for a homestead exemption from all City of Decatur independent school district ad valorem taxes for educational purposes in the amount of not less than $10,000.00 and not more than $50,000.00 of the assessed value of that homestead for residents of the City of Decatur with such amount to be determined annually by the board ofeducation ofthe independent school district for certain residents ofthat school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates,

____________GEORGIA LAWS 2001 SESSION__________3643
and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in 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 City of Decatur independent school district, including, but not limited to, taxes to pay interest on and to retire independent school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of the City of Decatur independent school district who is a senior citizen is granted an exemption on that person's homestead from all City of Decatur independent school district ad valorem taxes for educational purposes in the amount of not less than $10,000.00 and not more than $50,000.00 of the assessed value of that homestead with such amount to be determined annually by the board of education of the independent school district. The amount of such exemption may be increased from one year to the next as determined by such board of education within the range authorized under this subsection but shall not be reduced. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an affidavit and application with the governing authority of the City of Decatur, or the designee thereof, giving the person's age and such information relative to receiving such exemption as will enable the governing authority of the City of Decatur, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption. (d) The governing authority of the City of Decatur, or the designee thereof, shall provide affidavit and application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application and affidavit as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) ofthis section to notify the governing authority of the City of Decatur, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem

3644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
taxes, municipal ad valorem taxes for municipal purposes, county ad valorem taxes for county purposes, or county school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to independent school district ad valorem taxes for educational purposes, (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2002.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Decatur shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Decatur for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. The municipal 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 DeKalb County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from all City of Decatur independent school district ad valorem
NO ( ) taxes for educational purposes in the amount of not less than $10,000.00 and not more than $50,000.00 of the assessed value of that homestead with such amount to be determined annually by the board of education of the independent school district for certain residents of that school district who are 70 years of age or older?"
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 on January 1, 2002. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 ofthis Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Decatur. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

_____________GEORGIA LAWS 2001 SESSION__________3645
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to grant a homestead exemption from City Schools of Decatur ad valorem taxes of no less than $10,000 and no more than $50,000 of the assessed value of a homeowner's residential property providing said resident has title to said property, resides at said property, is 70 years of age or older. To be effective upon signature of the Governor.
Submitted this 17th day of January, 2001.
Ida Love, Ph. D., Superintendent
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths. Jo Ann McClinton, who on oath deposes and says that she is the Representative from the 68th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Champion Newspaper which is the official organ of DeKalb County on the following date: January 25, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto,
_X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided

3646 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JOANN MCCLINTON JoAnn McClinton Representative, 68th District
Sworn to and subscribed before me, this 31st day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
CITY OF UNION POINT - MAYOR AND COUNCIL; VACANCIES.
No. 44 (House Bill No. 378).
AN ACT
To amend an Act providing a new charter for the City of Union Point, approved March 16, 1978 (Ga. L. 1978, p. 3966), so as to change a provision relating to filling a vacancy in the office of mayor or councilmember; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Union Point, approved March 16, 1978 (Ga. L. 1978, p. 3966), is amended by striking Section 5.12 in its entirety and inserting in lieu thereof the following:
'SECTION 5.12. Vacancies.
In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall appoint a successor for the remainder of the term."

____________GEORGIA LAWS 2001 SESSION_________3647
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Union Point, approved March 16, 1978 (Ga. L. 1978, p. 3966), so as to change a provision relating to filling a vacancy in the office of mayor or councilmember; and for other purposes.
This 23 day of January, 2001.
Representative R. M. Channell 111th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mickey Channell, who on oath deposes and says that he is the Representative from the 111th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Herald Journal which is the official organ of Greene County on the following date: January 26, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided

3648 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ MICKEY CHANNELL Mickey Channell Representative, 111th District
Sworn to and subscribed before me, this 1 st day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
SINCLAIR WATER AUTHORITY - CREATION.
No. 45 (House Bill No. 398).
AN ACT
To create the Sinclair Water Authority to provide for water projects in Baldwin and Putnam counties; to provide for a short title, legislative intent, and purpose; to provide for definitions; to provide for a governing board and its membership, terms, organization, compensation, bylaws, vacancies, and meetings; to provide for the powers and duties of the authority; to provide for services, procurement, bonding, and conflicts of interest; to provide for revenue bonds and their form, interest rates, denominations, payment, signatures, negotiability, exemption from taxation, sale, proceeds, interim bonds, and replacement; to provide for conditions for issuance of bonds and that they will not constitute certain debts; to provide for trust indentures, sinking fund and payment of proceeds; to provide for bondholder remedies and interests, refunding bonds, venue and jurisdiction, and bond validation; to provide for trust funds, charges, rules and regulations, financial statements, audits, and other reports; to provide for tax exemptions; to provide for supplemental powers, liberal construction, and powers of other governmental entities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2001 SESSION__________3649
SECTION 1. Short title.
This Act shall be known and may be cited as the "Sinclair Water Authority Act."
SECTION 2. Legislative intent.
The General Assembly of Georgia recognizes, supports, and encourages comprehensive regional planning in anticipation of growth in the utilization of regional water resources. It supports the concept that each county should be free to plan and determine its own growth in the utilization of its share ofregional water resources as well as to plan for other infrastructure growth in conjunction with community needs and standards. It intends that the Sinclair Water Authority created by this Act assist in the planning, implementation, and management on a regional basis ofthe production ofpotable water and distribution ofsame within the Counties of Baldwin and Putnam and to the surrounding area.
SECTION 3. Sinclair Water Authority created.
There is created a body corporate and politic, to be known as the Sinclair Water Authority (hereinafter SWA), which shall be a public corporation and by that name, style, and title said body may contract and be contracted with, bring and defend actions, sue and be sued, implead and be impleaded, and complain and defend in all courts. SWA shall make rules and regulations for its own government and shall have perpetual existence.
SECTION 4. Purpose of SWA.
Without limiting the generality of any provisions of this Act, the general purpose ofSWA shall be that ofacquiring and developing adequate sources ofwater supply, including but not limited to the construction of reservoirs and the treatment of such water, and thereafter the transmission of such water to the governing authorities of Baldwin and Putnam counties. It is recognized that water resources are finite, and that water conservation shall be encouraged by this Authority, the member counties, and all water users within the area. It is a further objective of SWA to fulfill its purposes and perform its projects in an environmentally sensitive manner and to strictly limit interbasin transfers of water.
SECTION 5. Definitions.
(a) As used in this Act, the term:

3650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) "Authority" shall mean the Sinclair Water Authority created by Section 3 of this Act. SWA shall act through its board. (2) "Board" shall mean the governing body of SWA created in Section 6 of this Act. (3) "Cost of the project" means the cost of planning, design, and construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all buildings, machinery and equipment, financing charges, interest prior to and during construction, cost of compliance with environmental regulations and environmental protection, cost ofengineering, architectural and legal expenses, cost of plans and specifications, cost of water conservation programs and activities, and other costs necessary or incident to determining the feasibility or practicability of any project, administrative costs, and such other costs as may be necessary or incident to the financing authorized in this Act, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or cost 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, certificates, or other obligations issued under the provisions of this Act for such project. (4) "Interbasin transfers" means the delivery by whatever means of any treated or untreated water outside the drainage basins which exist within the boundaries of Baldwin and Putnam counties. (5) "Member county" means Baldwin County and Putnam County, unless the governing authority of any such county has adopted a resolution, at any time, declaring that such county shall not be a member county under this Act. Such withdrawal by any member county from SWA shall not affect any previously incurred obligations with respect to the issuance of or payment of any bonds, certificates, or other obligations of SWA. Another county may become a member county upon election as such by the governing authorities of Baldwin and Putnam counties. (6) "Project" means and includes the planning, design, acquisition, construction, and management of reservoirs; the acquisition of real property surrounding the reservoirs including watershed areas and all necessary and usual water facilities useful for obtaining one or more sources of water supply including ground-water sources; the treatment of water and the transmission and sale of water to member counties; water conservation and environmental mitigation; and the management, operation, maintenance, additions, improvements, and extensions of such facilities so as to assure adequate water utility systems deemed by SWA to be necessary or convenient for the efficient
operation of such undertaking. (7) "Public authority" means any entity which is created by the laws of the State of Georgia, which is designated as an authority, and which provides
services or facilities to the public. (8) "Revenue bonds" and "bonds" shall mean revenue bonds, certificates, and other obligations of SWA, as defined and provided for in Article 3 of Chapter

_____________GEORGIA LAWS 2001 SESSION__________3651
82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by SWA as authorized under said article. In addition, such terms shall also mean obligations of SWA, the issuance of which is specifically provided for in this Act. (9) "Site county" shall mean any county within which SWA causes to be located a reservoir or any facility or improvement for which property is acquired, by condemnation or purchase, in fee simple. (10) "Transmission" means the conveying of raw or treated water from any facility of SWA to any member county for the purpose of resale to end users of such water or wholesale purchasers of such water and does not include conveyance of water to ultimate users. (b) Any project shall be deemed self-liquidating if, in the judgment of SWA, the revenues and earnings to be derived by SWA therefrom will be sufficient to pay the costs 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 6. Board.
(a) SWA shall be governed by a board which shall exercise all powers and duties of SWA. The board shall manage the operations of SWA and shall perform such other functions that may be provided for or authorized by law. (b) The board of SWA shall be comprised of the following members, each of whom shall have one vote. Each board member must reside within a member county or have a principal place of business within the boundary of a member county.
(1) One board member shall be the chairman of the Board of Commissioners of each member county, unless such official notifies the governing authority of that county that such official does not wish to serve on the board, in which event that governing authority shall appoint one of its members to serve on the board in place of that chairman. The regular term of these members shall be concurrent with their terms of office. (2) One board member shall be appointed by the governing authority of each member county. The member appointed pursuant to this paragraph may not be an elected official or employee of a member county or of a municipality located in a member county but must be a resident of the county whose governing authority appoints that member. The regular and initial terms of these members shall be four years, except that the initial term of the member appointed by the governing authority of Putnam County shall be two years. (3) One board member shall be elected by the members specified in paragraphs (1) and (2) of this subsection. This member shall be the chairperson and shall serve a regular term of four years. The initial term of this member shall be two years. In the event that a majority of those members are unable to agree as to this appointment, those members shall each submit to the

3652 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Chief Judge of the Ocmulgee Judicial Circuit the name of a person recommended for this position and the chiefjudge shall appoint the chairman from those persons whose names have been so submitted to that judge. (c) Members ofthe board shall serve for the terms specified in this section and until the selection and qualification oftheir respective successors. In the event a vacancy occurs on the board, it shall be filled in the same manner as that vacated position was originally filled but for the remainder of the unexpired term and until a successor is selected and qualified. No member, except those selected pursuant to paragraph (1) of subsection (b) of this section, shall serve more than two consecutive terms. (d) A majority of the members of the board shall constitute the quorum necessary for a meeting of the board, provided that no quorum shall be present unless there is present a board member resident in and selected by the governing authority of each member county. It shall require a majority of the quorum present to approve matters coming before the board, except that the following matters shall require a majority of the total votes of the board plus one additional vote: purchases or contracts in excess of an amount established by the board of SWA; authorization for the issuance of bonds; acquisition of property by condemnation; and the employment or removal of the water plant superintendent. The board members shall elect a secretary-treasurer who need not be a member of the board. (e) Members of the board shall serve on the board with compensation to be recommended by them and approved by the governing authorities of the member counties and shall be reimbursed by SWA for their ordinary and usual expenses properly incurred in the performance of their duties. (f) The board is authorized to enact bylaws to govern its meetings, attendance and the removal of members for nonattendance, voting, quorum and voting requirements, and other matters relating to the conduct of its affairs not inconsistent with the provisions ofthis Act. The governing authorities ofthe member counties shall approve said bylaws and any amendments thereto before said bylaws or amendments shall have effect. (g) The board shall meet on a least a quarterly basis. Notice of regular meetings shall be published at least one week prior to the scheduled date in the legal organ of each member county and said meetings shall be otherwise subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A.
SECTION 7. Powers.
SWA is authorized: (1) To have a seal and alter the seal at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with

__________GEORGIA LAWS 2001 SESSION__________3653
the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, rights, or easements therein or franchises necessary or convenient for its corporate purposes, 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 to dispose of the same in any manner deemed by the board to be to the best advantage of SWA, SWA being under no obligation to accept and pay for any property condemned under this Act except from the funds provided to SWA under 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 SWA and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ a water plant superintendent and other officers, agents, and employees, including engineering, architectural, construction, and lake management experts, fiscal agents, attorneys, and other professionals and fix their respective compensation; (5) To make contracts and leases and to execute all instruments necessary or convenient to carry out the purposes of this Act, 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 or acquired, and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with SWA upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to the SWA to enter into contracts, lease agreements, or other undertakings relative to the furnishing and sale of wholesale water, water facilities, and related services by SWA to member counties, or relative to the furnishing of water facilities and services by municipal corporations, counties, corporations, or individuals to SWA for a term not exceeding 50 years; (6) To plan, design, construct, erect, acquire, own, lease, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in paragraph (6) of subsection (a) of Section 5 of this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of SWA, from revenues available from contracting for services, or from such proceeds and any grant from the United States of America, the State of Georgia, or any agency or instrumentality thereof; (7) To accept loans and grants of money, materials, or property of any kind from the United States of America, the State of Georgia, or any political subdivision, agency, or instrumentality thereofupon such terms and conditions as the United States of America, the State of Georgia, or such political subdivision, agency, or instrumentality may impose; (8) To borrow money for any of its corporate purposes, to issue revenue bonds

3654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
payable solely from funds pledged for that purpose; and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state; (10) To purchase policies of insurance as may be deemed appropriate for its corporate purposes; (11) To apply for and accept any and all local, state, or federal permits necessary and convenient for its corporate purposes; (12) To appoint a technical advisory group or such other committees as circumstances might require; and (13) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 8. Limitations of power.
(a) SWA: (1) Shall not obligate any member county to issue or guarantee revenue bonds, nor shall SWA bind the member county to any capital indebtedness contract unless that member county has approved such issuance or guarantee of an indebtedness contract or revenue bonds by official action or vote as may be required by law; (2) Shall not give preferential rate treatment to any member county and shall maintain uniform rates for comparable service for each member county. This provision shall not impair the ability of member counties to reduce or increase the uniform rate between and among themselves in the event one member provides an enhancement to the water supply including, but not limited to, treatment or transmission of such water; (3) Consistent with and subject to all state and federal laws and regulations, shall provide for stream withdrawal rights among member counties prior to the funding of any reservoir project; and (4) Shall, consistent with and subject to all state and federal laws and regulations, strictly limit interbasin transfers of water and shall provide that except in the event of a bona fide water emergency, any proposed interbasin transfer of water resources shall be offered to all member counties in proportion to their respective rights to the water pursuant to intergovernmental agreements. Upon such an offer, the member counties shall have 90 days to consider said offer and if accepted, an additional 90 days to commence the acquisition ofthe water before it may be transferred outside the basin. The sale from one member county to another shall be at the uniform rate established for the sale of water to member counties by SWA. Member counties shall have the right to waive their right of first refusal. Interbasin transfers in a bona fide water emergency shall be allowed provided they are limited to 60 days in any calendar year and are approved by the member counties.

____________GEORGIA LAWS 2001 SESSION__________3655
(b) The member counties shall not sell or transmit the water resources of SWA outside of the geographical boundaries of the member counties unless such water resource capacity is first offered to all member counties. Upon such an offer, the member counties shall have 90 days to consider said offer and if accepted, an additional 90 days to commence the acquisition ofthe water before it is sold outside the geographical boundaries of the member counties. The sale from one member county to another shall be at the uniform rate established for the sale of water to member counties by SWA. Member counties shall have the right to waive their right of first refusal. The provisions of paragraph (4) of subsection (a) of this section and of this subsection shall not apply to water lines and water customers of the member counties in existence as of the effective date of this Act.
SECTION 9. Services to member counties.
SWA is authorized to provide water services and facilities to each member county so long as such county remains a member county in accordance with policies of SWA and agreements among the member counties. Such services and the costs for same shall be delineated in intergovernmental agreements between SWA and member counties.
SECTION 10. Procurement of goods and services.
SWA shall adopt regulations and requirements for the procurement of goods and services as are reasonable and necessary and consistent with requirements of state law.
SECTION 11. Contractors to give bond.
SWA shall adopt regulations and requirement to bonds from contractors who are awarded contracts by SWA as are reasonable and necessary and consistent with requirements of state law.
SECTION 12. Authority and member county governing authority
members not to be interested in contracts.
SWA is prohibited from entering into a contract for the purchase ofgoods, property, or services with any individual who serves on the board of SWA or the governing authority of a member county, or is that individual's employer, partner, principal, agent, servant, or employee, nor shall SWA enter into any contract in which such individual is financially interested, directly or indirectly. No individual who serves on the board of SWA or the governing authority of a member county, nor that

3656 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. H_____
individual's partner, employer, principal, agent, servant, or employee shall enter into any contract with SWA or sell to SWA any goods, property, or service; provided, however, this section shall not apply to goods or services purchased from any public utility which is regulated by the Georgia Public Service Commission, nor to goods or services purchased from any county, municipal corporation, public authority, or the state. Any contract made in violation of this section shall be void.
SECTION 13. Revenue bonds.
SWA, or any public authority or body which had or which may in the future succeed to the powers, duties, and liabilities vested in SWA created by this Act, is authorized, at one time or from time to time, to provide by resolution for the issuance of revenue bonds of SWA for the purpose of paying all or any part of the cost of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in Section 25 of this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates, shall be payable, shall mature at such time or times not to exceed 50 years from their date or dates, shall be payable in such medium of payment as to both principal and interest, and may be made redeemable before maturity, at such price or prices, and under such terms and conditions as may be determined by SWA in the resolution providing for the issuance of the bonds.
SECTION 14. Revenue bonds; form; denominations; registration; place of payment.
SWA shall determine the form of the bonds and shall fix the interest rates, denomination or denominations of the bonds, and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in bearer or registered form, or both, as SWA may determine, and provision may be made for the registration of any bond as to principal alone or also as to both the principal and interest.
SECTION 15. Revenue bonds; signatures; seal.
In case any officer whose signature or facsimile signature shall appear on any bonds or on any coupons shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairperson of the board and the official seal of SWA shall be fixed thereto or imprinted thereon and attested by the secretary of the board and any coupons attached thereto shall bear the signature or facsimile signature of the chairperson of the board. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed, and attested on behalf of SWA by such

____________GEORGIA LAWS 2001 SESSION__________3657
persons as at this actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
SECTION 16. Revenue bonds; negotiability; exemption from taxation.
All revenue bonds issued under this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. Such bonds and the income thereof shall be exempt from all taxation within this state.
SECTION 17. Revenue bonds; sale; price.
SWA may sell such bonds in such a manner and for such price as it may determine to be for the best interest of SWA, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at a greater rate than the interest allowed by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," computed with relation to the absolute maturity ofthe bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity.
SECTION 18. Revenue bonds; proceeds of bonds.
The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may be issued in like manner to provide the amount of such deficit, which, unless otherwise provided in the resolution authorizing the issuance ofthe bonds or in the trust indenture, shall be deemed to be of the same fund without preference or priority of the bonds first issued for the same purpose.
SECTION 19. Revenue bonds; interest receipts and certificates or temporary bonds.
Prior to the preparation of definitive bonds, SWA may issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.

3658 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 20. Revenue bonds; replacement of lost or mutilated bonds.
SWA may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
SECTION 21. Revenue bonds; 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 SWA, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of SWA by its board member at any meeting where a quorum is present and voting requirements are met.
SECTION 22. Revenue bonds; credit not pledged.
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of this state, or any county or municipality thereof, or any public authority except SWA created by this Act, nor shall such bonds be deemed a pledge ofthe faith and credit ofthis state, any county or municipality thereof, or any public authority except SWA created by this Act, but such bonds shall be payable solely from the fund provided for in this Act; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate this state, or any county or municipality thereof, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment of such bonds; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
SECTION 23. Revenue bonds; trust indenture as security.
In the discretion of SWA, any issue of such revenue bonds may be secured by a resolution or a trust indenture by and between SWA and a corporate trustee, which may be any foreign or domestic trust company or bank having the powers of a trust company. Such resolution or trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by SWA. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth

____________GEORGIA LAWS 2001 SESSION__________3659
the duties of SWA in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys and may also provide that any project shall be constructed and paid for under the supervision and approval of registered professional consulting engineers of the State of Georgia or architects employed or designated by SWA and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws ofthis state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the board. Such resolution or trust indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in resolution or trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such resolution or trust indenture may contain such other provisions as the board may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such resolution or trust indenture may be treated as a part ofthe cost ofmaintenance, operation, and repair ofthe project affected by such indenture.
SECTION 24. Revenue bonds; to whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, SWA shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee, custodian, or depository of such funds and shall hold and apply the same to the purposes for which such bonds were issued, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 25. Revenue bonds; sinking fund.
The revenues, fees, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by SWA to the payment of the principal and interest on revenue bonds of SWA as the resolution authorizing the issuance of the bonds or 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 sinking fund shall be pledged to and charged with the payment of:

3660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest; and (4) Any premium upon bonds retired by call or purchase as provided in this Act. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, 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 the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds. Any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
SECTION 26. Revenue bonds; remedies of bondholders.
Any holder of revenue bonds issued under this Act or any coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by the resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act 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, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by SWA or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
SECTION 27. Revenue bonds; refunding bonds.
SWA is authorized to provide by resolution of its board for the issuance of revenue refunding bonds of SWA for the purpose of refunding any revenue bonds issued under this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, all other details thereof, and the duties of SWA with respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

____________GEORGIA LAWS 2001 SESSION__________3661
SECTION 28. Revenue bonds; venue and jurisdiction.
Any action to protect or enforce any rights under this Act or any suit or action against SWA shall be brought in the Superior Court of the site county for the first facility constructed by SWA, and any action pertaining to validation of any bonds issued under this Act shall likewise be brought in said court, which shall have exclusive jurisdiction of such actions.
SECTION 29. Revenue bonds; validation.
Bonds of SWA shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." The petition for validation shall also make a party defendant to such action any municipality, county, public authority, subdivision, or instrumentality of the State ofGeorgia which has contracted with SWA for furnishing or receiving the services and facilities of the water systems for which bonds are to be issued and sought to be validated, and such municipality, county, public authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof be determined, and the contract or contracts adjudicated as security for the payment of any such bonds of SWA. The bonds, when validated, and the judgement of validation, shall be final and conclusive with respect to such bonds against SWA issuing the same and any municipality, county, public authority, subdivision, or instrumentality contracting with SWA.
SECTION 30. Revenue bonds; interest of bondholders protected.
While any of the bonds issued by SWA remain outstanding, the powers, duties, or existence of SWA or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and right of the holders of such bonds, and no other entity, department, agency, or public authority will be created which will compete with SWA to such an extent as to affect adversely the interests and rights of the holders of such bonds nor will the state itself so compete with SWA. The provisions of this Act shall be for the benefit of SWA and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.
SECTION 31. Moneys received considered trust funds.
All moneys received by SWA pursuant to this Act, whether as proceeds from the sale of revenue bonds, as grants, or other contributions, or as revenues, fees, and

3662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. 11_____
earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 32. Rates, charges, and revenues; use.
S WA is authorized to prescribe, fix, and collect rates, fees, or charges and to revise from time to time and collect such rates, fees, or charges for the services, facilities, or commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to pay from current revenues and issue revenue bonds as provided in this Act to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of the water systems and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments, or extensions subsequently made to the systems.
SECTION 33. Rules and regulations for operation of projects.
It shall be the duty of the board to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water transmission services and facilities shall be furnished.
SECTION 34. Financial statements and audit reports.
(a) SWA shall establish a fiscal year, which may be a calendar year, for its operation and, as soon as practicable after the end of each fiscal year, SWA shall cause to be prepared and printed a report and financial statement of SWA operations for the fiscal year just ended and of its assets and liabilities. A copy of such report shall be sent to the governing authority of each member county and additional copies shall be made available for distribution to the general public on written requests thereof. (b) SWA shall appoint in due time each year a firm of independent certified public accountants as auditors who shall examine the books, records, and accounts of SWA for the purpose of auditing and reporting upon its financial statements for such year. The report of such auditors shall be appended to such financial statement. (c) Whenever SWA deems it necessary or advisable, it shall be authorized to employ a firm or firms of qualified engineers or other such professionals to survey condition of SWA's facilities and operation from the engineering, operational, or environmental standpoint and make a report therefor together with its recommendation for improvement in its physical facilities and operating procedures. A copy of such report shall be sent to the governing authority of each

____________GEORGIA LAWS 2001 SESSION__________3663
member county and additional copies shall be made available for distribution to the general public on written requests therefor.
SECTION 35. Exemption from taxes.
It is found, determined, and declared that the creation of SWA and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that SWA will be performing an essential governmental function in the exercise of the powers conferred upon it by this Act. SWA therefore shall be required to pay no taxes or assessment upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by SWA.
SECTION 36. Powers declared supplemental and additional.
The foregoing sections of this Act shall be deemed to provide an additional and alternative method for doing the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as being in derogation of any powers now existing.
SECTION 37. 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 38. Powers of counties and municipalities.
This Act does not in any way take from member counties, municipalities, or public authorities located within such member counties or any adjoining county the power to own, operate, and maintain water or waste-water systems, or issue revenue certificates as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."
SECTION 39. Repealer.
All laws and parts of laws in conflict with this Act are repealed.

3664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
Notice is given that there will be introduced at the regular 2001 session of The General Assembly of Georgia an act creating a Joint water authority to be known as The Sinclair water Authority for the counties of Baldwin and Putnam.
This 26th day of January, 2001
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mickey Channel!, who on oath deposes and says that he is the Representative from the 111th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Union Recorder which is the official organ of Baldwin County on the following date: January 26, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
__ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
__ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
__ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ MICKEY CHANNELL Mickey Channel! Representative, 111th District

____________GEORGIA LAWS 2001 SESSION__________3665
Sworn to and subscribed before me, this 1st day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia Commission Expires Aug. 18, 2003 (SEAL)
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to create the Sinclair Water Authority to provide for water projects in Baldwin and Putnam Counties; to repeal conflicting laws, and for other purposes.
This twenty-fifth day of January 2001.
R. M. Channell House of Representatives
District 111
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mickey Channell, who on oath deposes and says that he is the Representative from the 111th District and further deposes and says as follows:
(1) That the attached 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 25, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_____ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_____ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

3666 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/MICKEY CHANNELL Mickey Channel! Representative, 111th District
Sworn to and subscribed before me, this 1 st day of February, 2001.
si DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CATOOSA COUNTY - SUPERIOR COURT; CLERK; CLERICAL ALLOWANCE.
No. 46 (House Bill No. 416).
AN ACT
To amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to increase the clerical help allowance ofthe clerk ofthe superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
'SECTION 3. The maximum allowance to be paid for clerical help shall be:

____________GEORGIA LAWS 2001 SESSION__________3667
Clerical help for the judge of the probate court ................................... $75,000.00 Clerical help for the clerk of the superior court ................................. $200,000.00 All allowances payable under this Act shall be payable 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. 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 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 upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
March 6, 2001
Representative Ron Forster Legislative Office Building Room 694 18 Capitol Square Atlanta, Georgia 30334
Dear Representative Forster:
The Catoosa County Board of Commissioners request that you introduce local legislation adjusting the clerical allowance for the Superior Court Clerk as requested.
Respectfully,
s/ Winford Long Winford Long, Chairman s/ Mark Fletcher Mark Fletcher, District 1 s/ Pat Page Pat Page, District 2 s/ Burk E Hale Burk Hale, District 3

3668 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ Hudon Tatum Hudon Tatum, District 4
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that the undersigned will request local legislation to increase the clerical allowance of the office of Clerk of the Superior Court of Catoosa County, Georgia, and for other purposes, at the 2001 Regular Session of the General Assembly of the State of Georgia.
This 12th day of December, 2000. Norman L. Stone, Clerk Superior Court, Catoosa County, Georgia
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronald Forster, who on oath deposes and says that he is the Representative from the 3rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on the following date: December 20, 2000.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. ___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed

____________GEORGIA LAWS 2001 SESSION__________3669
is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ RONALD L. FORSTER Ronald L. Forster Representative, 3rd District
Sworn to and subscribed before me, this 5th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
BARTOW COUNTY - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM.
No. 47 (House Bill No. 451).
AN ACT
To amend an Act providing for a homestead exemption from certain Bartow County School District ad valorem taxes for educational purposes for certain residents of that school district who are 65 years of age or older, approved April 5, 1994 (Ga. L. 1994, p. 4904), so as to increase the exemption amount; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a homestead exemption from certain Bartow County School District ad valorem taxes for educational purposes for certain residents of that school district, approved April 5, 1994 (Ga. L. 1994, p. 4904), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows:
'SECTION 2. Each resident of the Bartow County School District who is 65 years of age or older on the first day of January of a taxable year is granted an exemption on that person's homestead from all Bartow County School District ad valorem taxes for

3670 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
educational purposes in the amount of $40,000.00 of the assessed value of that homestead for that taxable year. The value of the homestead in excess of such exempted amount shall remain subject to taxation.'
SECTION 2. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2003.
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bartow County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Bartow County School District for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide general election in November, 2002, and shall issue the call and conduct that election as provided by general law. 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 Bartow County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which increases the homestead exemption from all Bartow County School District ad valorem taxes for
NO ( ) educational purposes for that school district for residents of that school district who are 65 years of age or older from $28,000.00 to $40,000.00?"
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 onehalf of the votes cast on such question are for approval of the Act, then Sections 1 and 2 of this Act shall become of full force and effect on January 1,2003, and shall be applicable to all taxable years beginning on or after January 1,2003. If Sections 1 and 2 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Bartow County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 4. Except as otherwise specified in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

____________GEORGIA LAWS 2001 SESSION__________3671
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act providing for a homestead exemption from certain Bartow County School District ad valorem taxes for educational purposes for certain residents of that school district who are 65 years of age or older, approved April 5, 1994 (Ga. L. 1994, p. 4904); and for other purposes.
This 29th day of January, 2001.
(s) Representative E. M. Childers 13th District
(s) Representative Jeff Lewis 14th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. "Buddy" Childers, who on oath deposes and says that he is the Representative from the 13th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Daily Tribune News which is the official organ of Bartow County on the following date: February 1, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

3672 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ E. M. "BUDDY" CHILDERS E. M. "Buddy" Childers Representative, 13th District
Sworn to and subscribed before me, this 2nd day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
FORSYTH COUNTY - HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM.
No. 48 (House Bill No. 469).
AN ACT
To provide for a homestead exemption from certain Forsyth County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for

____________GEORGIA LAWS 2001 SESSION__________3673
county purposes levied by, for, or on behalf of Forsyth County, including, but not limited to, any ad valorem taxes for special district purposes, but not including taxes to pay interest on and to retire county bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is granted. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (b) Each resident of Forsyth County is granted an exemption on that person's homestead from all Forsyth County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value ofthat homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the assessment in the base year shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner ofForsyth County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. (d) The tax commissioner of Forsyth County shall provide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county or the designee thereof in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes.

3674 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
(g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2002.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Forsyth County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Forsyth County for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. 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 Forsyth County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from certain Forsyth County ad valorem taxes for county purposes
NO ( ) in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident of Forsyth County?"
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 on January 1, 2002 If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Forsyth County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 2001 session of the General Assembly of Georgia a bill to provide for a homestead exemption from certain Forsyth County ad valorem taxes for county purposes; to provide for definitions, terms and conditions, and procedures; to provide for a referendum; to provide for applicability and effective dates; to repeal conflicting laws; and for other purposes.

_____________GEORGIA LAWS 2001 SESSION__________3675
This 31st day of January, 2001.
Representative Tom Knox 28th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Knox, who on oath deposes and says that he is the Representative from the 28th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ ofForsyth County on the following date: January 31, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
______ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TOM KNOX Tom Knox Representative, 28th District

3676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 8th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
COLUMBUS, GEORGIA - RECORDER'S COURT; JURISDICTION.
No. 49 (House Bill No. 477).
AN ACT
To amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to change certain provisions regarding jurisdiction of the recorder's court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, is amended by striking Section 5-601 and inserting in its place a new Section 5-601 to read as follows:
"SECTION 5-601. Jurisdiction.
The recorder's court shall continue with all the rights, authority, power, and jurisdiction now possessed under all present laws applicable to said court; and in addition thereto, the recorder's court shall be and is hereby empowered and authorized and given jurisdiction to accept pleas of guilty or nolo contendere and to impose punishment and penalties provided by laws of the State of Georgia, but not greater than the penalties and punishment the recorder's court may now or hereafter be authorized to impose for violations of ordinances, in cases involving defendants charged with violating any and all criminal laws of the State of Georg-'a relating to traffic upon the public roads, streets, and highways of this state; violations of the laws of the State of Georgia contained in Chapter 6 of Title 40 of the O.C.G.A., as now amended and as hereafter amended by the State

____________GEORGIA LAWS 2001 SESSION__________3677
of Georgia; violations of the laws of the State of Georgia requiring the registration and licensing of motor vehicles as required by Chapter 2 of Title 40 of the O.C.G.A., as now amended and as hereafter amended by the State of Georgia; and violations of laws of the State of Georgia relating to motor vehicle drivers' licenses as contained in Chapter 5 of Title 40 of the O.C.G.A., as now amended and as hereafter amended by the State of Georgia and all other state laws relating to motor vehicle drivers' licenses; where the penalty for these offenses does not exceed that ofthe grade ofmisdemeanors, where a preliminary hearing is waived in writing by the accused and a plea of guilty or nolo contendere is entered by the accused in writing. Provided, however, that in the case of uncontested parking citations, exclusive jurisdiction is given to the Department of Transportation/METRA. The jurisdiction and powers of the recorder's court shall extend throughout the territory of the consolidated government.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Legal Notices
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978) as amended; and for other purposes.
This 2nd day of February, 2001.
THOMAS B. BUCK, III 13 5th 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 the Representative from the 135th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ of Muscogee County on the following date: February 2, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

3678 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/THOMAS B. BUCK, III Thomas B. Buck, III Representative, 135th District
Sworn to and subscribed before me, this 7th day of February, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13, 2001.

_____________GEORGIA LAWS 2001 SESSION__________3679
CITY OF HOLLY SPRINGS - MAYOR AND COUNCIL; TERMS.
No. 50 (House Bill No. 512).
AN ACT
To amend the Act creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by that Act approved April 4,1991 (Ga. L. 1991, p. 3625), so as to provide for four-year terms of office for the mayor and councilmembers; to provide for staggered terms of office; to provide for the initial implementation of the staggered terms; to provide for the authority for this Act; 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 Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by that Act approved April 4, 1991 (Ga. L. 1991, p. 3625), is amended by striking Section 2.02 in its entirety and inserting in lieu thereof a new Section 2.02 to read as follows:
"SECTION 2.02. (a) The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he or she shall have been a resident of the city one year immediately prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during his or her period of service and shall be registered and qualified to vote in municipal elections of this city.*
SECTION 2. Said Act is further amended by striking Section 5.02 in its entirety and inserting a new Section 5.02 to read as follows:
"SECTION 5.02. (a) The two councilmembers elected in November, 2000, whose terms normally expire on December 31, 2002, shall remain in office until December 31, 2002, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 2002, and quadrennially thereafter, the successors to such two councilmembers shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day ofJanuary immediately following their election. (b) The mayor and three councilmembers elected in November, 1999, whose terms normally expire on December 31, 2001, shall remain in office until December 31, 2001, and until their successors are elected and qualified. On the

3680 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tuesday next following the first Monday in November, 2001, the successors to such mayor and three councilmembers shall be elected and shall serve for terms of office of three years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. On the Tuesday next following the first Monday in November, 2004, and quadrennially thereafter, the successors to such mayor and three councilmembers shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election."
SECTION 3. This Act is enacted pursuant to the authority provided in Code Section 21 -2-541.2 of the Official Code of Georgia Annotated.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
A RESOLUTION BY THE CITY OF HOLLY SPRINGS. GEORGIA TO REQUEST LOCAL LEGISLATION
A Resolution to request local legislation to be introduced to change the term of office for the Mayor and council members from two years to four years and to provide for a staggered implementation to allow elections every other year.
WHEREAS, the Mayor and Council believe it to be in the best interest of the citizens of the City of Holly Springs to change the term of office for the Mayor and council members from two years to four years; and
WHEREAS, the change requires local legislation to be passed by the Legislature for the State of Georgia, and such local legislation can be introduced after a request by the City of Holly Springs;
NOW THEREFORE, the Council of the City of Holly Springs hereby resolves that:
It is requested that the local legislative delegation for districts including the City of Holly Springs introduce local legislation to provide:
(1) that Section 2.02 of the Charter for the City of Holly Springs be amended to provide for four-year terms of office.
(2) that the Charter for the City of Holly Springs be amended to provide for a mechanism of achieving staggered terms of office and elections every two years by providing that the successors to the Mayor and three council members whose terms

____________GEORGIA LAWS 2001 SESSION__________3681

expire on December 31, 2001 shall be elected to a three-year term on the Tuesday following the first Monday in November 2001; that the successors to the Mayor and three council members whose terms expire December 31,2004 shall be elected for a four-year term on the Tuesday following the first Monday in November 2004; that their successors shall be elected on the Tuesday following the first Monday in November 2008, with subsequent elections for the Mayor and three council members to be held every four years thereafter.

(3) that the Charter for the City of Holly Springs be amended to provide for a mechanism of achieving staggered terms of office and elections every two years by providing that the successors to the two council members whose terms expire on December 31, 2002 shall be elected to a four-year term on the Tuesday following the first Monday in November 2002, with their successors to be elected on the Tuesday following the first Monday in November 2006, with subsequent elections for the two council members be held every four years thereafter.

(4) that such other amendments as are deemed necessary to implement this request for local legislation be made.

This Resolution is hereby adopted this 18 day of December, 2000, the public health, safety and general welfare demanding it.

Attest: s/ Marie Hanit
CITY CLERK (SEAL)

s/ Paul Van Haute, Mayor City of Holly Springs

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced at the regular 2001 session ofthe General Assembly ofGeorgia a bill to amend the charter for the City ofHolly Springs, Georgia to provide that the terms of office of the Mayor and City Council shall be changed from two to four years; and to provide for matters for implementing the change to begin with subsequent elections.

This 12th day of January, 2001.

/s/ Steve Stancil Hon. Steve Stancil Representative
16th District

3682 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Stancil, who on oath deposes and says that he is the Representative from the 16th District and further deposes and says as follows:
(1) That the attached 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 19, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ STEVE STANCIL Steve Stancil Representative, 16th District
Sworn to and subscribed before me, this 9th day of February, 2001.

___________GEORGIA LAWS 2001 SESSION__________3683
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
TOWN OF MOUNT VERNON - MUNICIPAL COURT; JUDGE; APPOINTMENT; PENALTIES.
No. 51 (House Bill No. 516).
AN ACT
To amend an Act entitled "A bill to create a new charter for the Town of Mount Vernon, Georgia," approved August 18, 1919 (Ga. L. 1919, p. 1118), as amended, so as to provide for the appointment of a municipal judge; to provide for certain punishments for violations of city ordinances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "A bill to create a new charter for the Town of Mount Vernon, Georgia," approved August 18, 1919 (Ga. L. 1919, p. 1118), as amended, is amended by striking in its entirety Section 28 and inserting in lieu thereof the following:
"SECTION 28. Be if further enacted by the authority aforesaid, that said mayor and council shall have full power to administer the government of said town, said mayor shall have authority to appoint a municipal court judge who shall have the authority to hold court in said town, at such times and places as he or she may designate or appoint for the trial of persons charged with offenses against the rules, regulations, ordinances, and bylaws of said town, and for such violations to punish by fine, probation, imprisonment, community service, or any combination thereof as set forth, prescribed, and authorized by statute or ordinance. Saidjudge is authorized to issue search and arrest warrants for investigations and crimes occurring within the limits of the Town of Mt. Vernon. Warrants issued under this provision may be executed by any arresting officer of said town or any officer authorized to execute warrants under the laws of said state, either within or outside the limits of said town. Said judge shall have the power and authority to act as a committing court, investigate charges of violations against the laws of said state,

3684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
and bind over persons upon investigations if in his or her judgment there is reason to suspect that the laws of said state have been violated for such penal offense."
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 2001 Session of the General Assembly of Georgia a bill to amend an Act entitled "A bill to create a new charter for the Town of Mount Vernon, Georgia,:" approved August 18, 1919 (Ga. L. 1919, p. 1118), as amended; and for other purposes.
This 23 day of January, 2001.
Honorable Greg Morris Representative, District 155
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Greg Morris, who on oath deposes and says that he is the Representative from the 155th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Montgomery Monitor which is the official organ of Montgomery County on the following date: February 1, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
__ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the

__________GEORGIA LAWS 2001 SESSION__________3685
enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
si GREG MORRIS Greg Morris Representative, 155th District
Sworn to and subscribed before me, this 9th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CHARLTON COUNTY - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM.
No. 52 (House Bill No. 561).
AN ACT
To provide a homestead exemption from Charlton County school district ad valorem taxes for educational purposes in the amount of$20,000.00 ofthe assessed value of the homestead for certain residents of that school district who are 62 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 applicability; to provide for a referendum, effective dates, and automatic repeal; 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

3686 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for educational purposes levied by, for, or on behalf of the Charlton County school district, including, but not limited to, taxes to pay interest on and to retire school bond indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Senior citizen" means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made.
SECTION 2. (a) Each resident of the Charlton County school district who is a senior citizen is granted an exemption on that person's homestead from all Charlton County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Charlton County giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
SECTION 3. The tax commissioner of Charlton County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Charlton County or the designee thereof 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, county taxes for county purposes, municipal taxes, or independent school district taxes. The homestead exemption granted by this Act shall be in addition to and not in lieu of any other homestead exemption applicable to Charlton County school district ad valorem taxes for educational purposes.

_____________GEORGIA LAWS 2001 SESSION__________3687
SECTION 6.
The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2002.
SECTION 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Charlton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Charlton County school district for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in June, 2001, and shall issue the call and conduct that election as provided by general law. 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 Charlton County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a new increased homestead exemption from Charlton County school district ad
NO ( ) valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that county who are 62 years of age or over?"
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 shall become of full force and effect on January 1,2002. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Charlton County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 8.
Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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 2001 session of the General Assembly of Georgia a bill to provide a homestead exemption from Charlton County ad valorem taxes for Charlton County School District purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who are 62 years of age or over; to provide for definitions;

3688 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal and for other purposes.
This the 29th day of January, 2001.
Representative Charlie Smith, Jr. 175th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Smith, Jr., who on oath deposes and says that he is the Representative from the 175th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Charlton County Herald which is the official organ of Charlton County on the following date: January 31, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

____________GEORGIA LAWS 2001 SESSION__________3689
s/ CHARLES C. SMITH, JR. Charles C. Smith, Jr. Representative, 175th District
Sworn to and subscribed before me, this 12th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
WILKINSON COUNTY - CORONER; COMPENSATION; FEE SYSTEM ABOLISHED; DEPUTY CORONER.
No. 53 (House Bill No. 562).
AN ACT
To abolish the present mode of compensating the coroner of Wilkinson County, known as the fee system; to provide in lieu thereof an annual salary for the coroner; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of the coroner's office; to provide for the 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. The present mode of compensating the coroner of Wilkinson County, known as the fee system, is abolished, and in lieu thereof, an annual salary for such officer is prescribed as provided in this Act.
SECTION 2. (a) The coroner of Wilkinson County shall receive an annual base salary in the amount of $12,300.00 payable in equal monthly installments from the funds of Wilkinson County. (b) The deputy coroner of Wilkinson County shall continue to receive the fees authorized in Chapter 16 of Title 45 of the O.C.G.A. for each case in which the

3690 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
deputy coroner performs the duties of such office.
SECTION 3. After the effective date of this Act, said coroner shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed the coroner as compensation for his or her services as coroner; 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. The provisions of this section shall not apply to fees to which the deputy coroner is entitled pursuant to this Act and general law.
SECTION 4. The necessary operating expenses of the coroner's office shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Wilkinson County.
SECTION 5. In addition to compensation provided for in Section 2 of this Act, the coroner shall be reimbursed for actual and necessary expenses, including expenses for lodging and meals, incurred by such officer in carrying out his or her official duties within and outside the county, but within the state, including attendance at seminars or training required pursuant to Code Section 45-16-66 of the O.C.G.A.; provided, however, that the coroner shall be required to submit to the board of commissioners of Wilkinson County an itemized, verified account of any such expenses; provided, further, that the coroner shall not be reimbursed more than $ 1,800.00 per annum for actual and necessary expenses incurred in carrying out his or her duties. When using his or her personal automobile in traveling on official business outside the county, the coroner shall be reimbursed for travel expenses at the legal mileage rate authorized under Code Section 50-19-7 of the O.C.G.A., as now or hereafter amended. All expenses provided for in this section shall be paid from the funds of Wilkinson County. Expenses provided for in this section are in addition to any operating expenses provided for in Section 4 of this Act.
SECTION 6. This Act shall become effective on January 1, 2002.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

_____________GEORGIA LAWS 2001 SESSION__________3691
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide for the compensation, expenses, and benefits for the coroner and the deputy coroner of Wilkinson County; and for other purposes.
This 1st day of February, 2001.
Kenneth W. Birdsong Representative, 123rd 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 the Representative from the 123rd District and further deposes and says as follows:
(1) That the attached 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: February 8, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_____ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed

3692 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ KENNETH W. BIRDSONG Kenneth W. Birdsong Representative, 123rd District
Sworn to and subscribed before me, this 12th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
CANDLER COUNTY - BOARD OF COMMISSIONERS; COUNTY ADMINISTRATOR.
No. 54 (House Bill No. 576).
AN ACT
To amend an Act creating a Board of Commissioners of Candler County, approved March 23,1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved April 19,2000 (Ga. L. 2000, p. 3921), so as to change the provisions regarding the residency requirement of the county administrator; to change the provisions regarding the appointment of an acting administrator; to change the provisions regarding the duties of the county administrator; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3921), is amended by striking subsection (b) of Section 13B in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
*(b) The county administrator shall be chosen by the board solely on the basis of executive and administrative qualifications, with specific reference to actual experience in, or knowledge of, accepted practices with respect to the duties of the office as provided in this section. The county administrator need not be a

_____________GEORGIA LAWS 2001 SESSION__________3693
resident of Candler County or the State of Georgia at the time of his or her appointment but may reside outside Candler County while in office only with the approval of the board of commissioners. To encourage qualified individuals to apply for the position of county administrator, the board of commissioners shall advertise the opening in appropriate locations and with appropriate entities.'
SECTION 2. Said Act is further amended by striking subsection (f) of Section 13B and inserting in lieu thereof a new subsection (f) to read as follows:
'(f) In the event of a vacancy in the office of county administrator for any cause, including temporary absence or disability, the board of commissioners may appoint an acting county administrator to temporarily exercise the powers and perform the duties of county administrator. During the temporary appointment, the acting administrator shall receive during his or her tenure such salary and benefits as fixed by the board of commissioners. In the event the board determines that it is not in the best interests of the county to appoint an acting county administrator, the board of commissioners is hereby authorized to designate such other persons as it may deem necessary, including members ofthe board of commissioners, to temporarily perform the duties of county administrator. Any member of the board of commissioners so designated to temporarily perform the duties of the county administrator shall not receive any increase in salary. Said designation of persons, including board members, to temporarily perform the duties of county administrator shall be resubmitted for approval by the board of commissioners at the end of each six month period of service."
SECTION 3. Said Act is further amended by striking paragraph (5) of subsection (h) of Section 13B and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) To examine regularly at periods fixed by the board the accounts, records, and operations of every county board, commission, department, office, and agency which receive appropriations from the board; to make quarterly reports to the board, unless otherwise directed, on county fiscal and other affairs; to keep the board fully advised of the financial conditions and future needs of the county; and to make such recommendations on county affairs as he or she deems necessary for the efficient operation of the county.*
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
RESOLUTION
WHEREAS, the Act creating a Board of Commissioners of Candler County, originally approved March 23, 1933, (Ga. L. 1933, p. 430), as amended, was substantially revised by an Act approved April 19, 2000, (Ga. L. 2000, p. 3921),

3694 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
so as to change the powers and duties of the chairman of the Board of Commissioners; to create the office of county administrator; to provide for other matters relative to the foregoing; and for other purposes;
WHEREAS, having now governed under that particular amendment approved April 19, 2000, (Ga. L. 2000, p. 3921), the Board of Commissioners of Candler County recognizes the need to make minor changes to said amendment to improve the quality of the governing instrument of Candler County;
WHEREAS, the Board of Commissioners of Candler County are desirous of amending the Act creating a Board of Commissioners of Candler County, approved March 23, 1933, (Ga. L. 1933, p. 430), as amended, particularly by that Act approved April 19, 2000, (Ga. L. 2000, p. 3921), in accordance with Exhibit A attached hereto and incorporated herein by reference so as to change the provisions relative to the residency requirement of the county administrator while in office; to change the provisions relative to the appointment of an acting county administrator; and to change the provisions relative to the duties of the county administrator in reporting to the Board of Commissioners; to provide for other matters relative to the foregoing; and for other purposes; and
WHEREAS, Board of Commissioners of Candler County deem it to be in the best interest of the citizens of Candler County that said amendment be adopted and enacted into law;
NOW THEREFORE BE IT ORDAINED AND IT HEREBY IS ORDAINED, by the Board of Commissioners of Candler County that the Act creating a Board of Commissioners of Candler County, approved March 23, 1933, (Ga. L. 1933, p. 430), as amended, be amended in accordance with Exhibit A attached hereto and that the County Attorney take all actions necessary to seek enactment by the Georgia General Assembly of said amendment into law.
SO RESOLVED this 5th day of February, 2001.
CANDLER COUNTY BOARD OF COMMISSIONERS
s/ Lamar Samples, Chairman s/ Donny Wells, Vice-Chairman s/ Sonny Morgan s/ Rocker Hartley s/ Henry Meridy Attest: s/ Pam Holland, Clerk
(Seal)

____________GEORGIA LAWS 2001 SESSION__________3695
EXHIBIT A
CANDLER COUNTY-BOARD OF COMMISSIONERS
Section 1. An Act creating a Board of Commissioners of Candler County, approved March 23,1933, (Ga. L. 1933, p. 430), as amended, particularly by an Act approved April 19,2000, (Ga. L. 2000, p. 3921), is amended by striking subsection (b) under Section 13C. in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) The County Administrator shall be chosen by the board solely upon the basis of executive and administrative qualifications, with specific reference to actual experience in, or knowledge of, accepted practices with respect to the duties of the office as hereinafter set forth. The county administrator need not be a resident of Candler County or the State of Georgia at the time of the appointment but may reside outside Candler County while in office only with the approval of the board of commissioners. To encourage qualified individuals to apply for the position of county administrator, the board of commissioners shall advertise the opening in appropriate locations and with appropriate entities."
Section 2. An Act creating a Board of Commissioners of Candler County, approved March 23,1933, (Ga. L. 1933, p. 430), as amended, particularly by an Act approved April 19,2000, (Ga. L. 2000, p. 3 921), is amended by striking subsection (f) under Section 13C. in its entirety and substituting in lieu thereof a new subsection (f) to read as follows:
"(f) In the event of a vacancy in the office of county administrator for any cause, including temporary absence or disability, the board ofcommissioners may appoint an acting county administrator to temporarily exercise the powers and perform the duties of county administrator. During the temporary appointment, the acting administrator shall receive during his or her tenure such salary and benefits as fixed by the board of commissioners. In the event the board determines that it is not in the best interests of the county to appoint an acting county administrator, the board of commissioners is hereby authorized to designate such other persons as it may deem necessary, including members of the board of commissioners, to temporarily perform the duties of county administrator. Any member of the board of commissioners so designated to temporarily perform the duties of the county administrator shall not receive any increase in salary. Said designation of persons, including board members, to temporarily perform the duties ofcounty administrator shall be resubmitted for approval by the board of commissioners at the end of each six (6) month period of service."
Section 3. An Act creating a Board of Commissioners of Candler County, approved March 23,1933, (Ga. L. 1933, p. 430), as amended, particularly by an Act approved April 19, 2000, (Ga. L. 2000, p. 3921), is amended by striking item (5)

3696 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
under subsection (h) of Section 13C. in its entirety and substituting in lieu thereof a new item (5) to read as follows:
"(5) To examine regularly at periods fixed by the said board the accounts, records, and operations of every county board, commission, department, office and agency which receive appropriations from said board; to make quarterly reports to the said board, unless otherwise directed, on county fiscal and other affairs; to keep the said board fully advised of the financial conditions and future needs of the county; and to make such recommendations on county affairs as he or she deems necessary for the efficient operation of the county;"
Section 4. This act shall become effective upon the approval of this Act by the governor or upon its otherwise becoming law without such approval.
Section 5. 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 in the regular 2001 session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners of Candler County, approved March 23,1933 (Ga.L. 1933, p. 430), as amended, so as to change the provisions relative to the residency requirement of the county administrator while in office; to change the provisions relative to the appointment of an acting county administrator; and to change the provisions relative to the duties of the county administrator in reporting to the Board of Commissioners; to provide for other matters relative to the foregoing; and for other purposes.
CANDLER COUNTY BOARD OF COMMISSIONERS
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Craig W. Lanier, who on oath deposes and says that he is the Representative from the 145th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County on the following date: January 31, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or

____________GEORGIA LAWS 2001 SESSION_________3697
consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy ofsuch resolution or other written notification is attached hereto. _____ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ CRAIG W. LANIER Craig W. Lanier Representative, 145th District
Sworn to and subscribed before me, this 12th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CITY OF MOUNTAIN PARK - HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.
No. 55 (House Bill No. 616).
AN ACT
To provide a homestead exemption from City of Mountain Park ad valorem taxes for municipal purposes in the amount of $4,000.00 of the assessed value of the homestead for each resident of the City of Mountain Park, which is in lieu of and

3698 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
not in addition to any other homestead exemption applicable to City of Mountain Park ad valorem taxes for municipal purposes; to provide for conditions and procedures relating thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) For purposes of this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Mountain Park, except for taxes to pay interest on or retire bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (b) Each resident of the City of Mountain Park is granted an exemption on that person's homestead from all City of Mountain Park ad valorem taxes for municipal purposes in the amount of $4,000.00 of the assessed value of that homestead. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Mountain Park, or the designee thereof, giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. (d) The governing authority of the City of Mountain Park, or the designee thereof, shall provide application forms for the exemption granted by subsection (b) of this section and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application for any year thereafter and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Mountain Park, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to municipal ad valorem taxes.

_____________GEORGIA LAWS 2001 SESSION__________3699
(g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2002.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Mountain Park shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of the City of Mountain Park for approval or rejection. The election superintendent shall conduct that election on June 19,2001, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Mountain Park. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a $4,000.00 homestead exemption from certain City of Mountain Park ad valorem taxes for
NO ( ) municipal purposes?" 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 onehalf of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Mountain Park. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 2001 session of the General Assembly of Georgia a bill to provide a homestead exemption from City of Mountain Park ad valorem taxes for municipal purposes in the amount of $4,000.00 for the city residents; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Campbell, who on oath deposes and says that he is the

3700 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Representative from the 42nd District and further deposes and says as follows:
(1) That the attached 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 19, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TOM CAMPBELL Tom Campbell Representative, 42nd District
Sworn to and subscribed before me, this 12th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)

_____________GEORGIA LAWS 2001 SESSION__________3701
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2001 session of the General Assembly of Georgia a bill to provide a homestead exemption from City of Mountain Park ad valorem taxes for municipal purposes in the amount of $4,000.00 for city residents; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Campbell, who on oath deposes and says that he is the Representative from the 42nd District and further deposes and says as follows:
(1) That the attached 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 25, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TOM CAMPBELL Tom Campbell Representative, 42nd District

3702 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 12th day of February, 2001
s /DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CITY OF STAPLETON - MAYOR AND COUNCIL; TERMS; ELECTIONS.
No. 56 (House Bill No. 617).
AN ACT
To amend an Act creating a new charter for the City of Stapleton, approved MarchSO, 2000 (Ga. L. 2000, p. 3543), so as to change the terms of the mayor and councilmembers; to provide for at-large elections; to provide that candidates shall designate the seat for which they seek election; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to create a new charter for the City of Stapleton, approved March 30,2000 (Ga. L. 2000, p. 3543), is amended by striking Section 2.05 in its entirety and inserting in lieu thereof a new Section 2.05 to read as follows:
'SECTION 2.05. Election of the city council and mayor.
(a) On the Tuesday following the first Monday in November, 2000, an election shall be conducted by the city election manager at the same hours and places for general elections to elect three councilmembers. The three candidates for city council elected at that time to the councilmember positions held on January 1, 2000, by Kevin Prescott (Seat No.l), Barbara Heckard (Seat No. 2), and Carol Smith (Seat No. 3) shall take office on January 1, 2001, and serve for terms expiring December 31,2002, and until such city councilmembers' successors are elected and qualified as provided in subsection (c) of this section. (b) On the Tuesday following the first Monday in November, 2001, an election shall be conducted by the city election manager at the same hours and places for general elections to elect a mayor and two councilmembers. The mayor elected

_____________GEORGIA LAWS 2001 SESSION__________3703
at that time shall take office on January 1,2002, at the expiration of the term of office of the person serving as mayor on January 1,2000, June Rooks. The two candidates for city council elected at that time to the councilmember positions held on January 1, 2000, by James Sheppard (Seat No. 4) and George Stapleton (Seat No. 5) shall take office on January 1, 2002. The mayor and city councilmembers elected in November, 2001, shall serve for terms expiring December 31,2004, and until such mayor's and city councilmembers' successors are elected and qualified as provided in subsection (c) of this section. (c) Thereafter, the successors to the positions held by Prescott, Heckard, and Smith shall be elected on the Tuesday following the first Monday in November, 2002, and continuing quadrennially in even-numbered years thereafter. Said successors shall take office on January 1 of the following year at the expiration of the then current terms of office. The successors to the positions held by Rooks, Sheppard, and Stapleton shall be elected on the Tuesday following the first Monday in November, 2004, and continuing quadrennially in even-numbered years thereafter. Said successors shall take office on January 1 of the following year at the expiration of the then current terms of office. The mayor and all councilmembers elected as provided in this subsection shall serve for terms of four years each so that a continuing body is created. (d) Each councilmember shall be elected at large by the voters of the entire municipality. When qualifying to seek the office of councilmember, each candidate shall designate the specific seat number set forth in this section to which the candidate seeks to be elected. The designation of the specific seat and the name of the incumbent holding such post or seat shall be entered on the ballot in such manner that in the ensuing election such candidate shall only oppose the other candidate or candidates, if any, who designated the same specific seat. The candidate receiving a majority of the votes cast for the particular seat shall be elected pursuant to Section 2.09.*
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 2001 session of the General Assembly of Georgia a bill to amend the City Charter for the City of Stapleton so as to modify Section 2.05 of the Charter concerning the election of the City Council and Mayor and to repeal conflicting laws; and for other purposes.
This 15th day of January, 2001.
John J. Pilcher, II City Attorney City of Stapleton Post Office Box 278

3704 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
Wrens, Georgia 30833
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 the Representative from the 121st District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the News and Farmer which is the official organ of Jefferson County on the following date: January 18, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JIMMY LORD Jimmy Lord Representative, 121st District
Sworn to and subscribed before me, this 13th day of February, 2001.

____________GEORGIA LAWS 2001 SESSION________3705
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
WAYNE COUNTY - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM.
No. 57 (House Bill No. 620).
AN ACT
To provide a homestead exemption from all Wayne County school district ad valorem taxes for educational purposes for the full value ofthe homestead ofcertain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; 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 Wayne County school district, including, but not limited to, taxes to retire school bond indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made.
SECTION 2. (a) Each resident of the Wayne County school district who is a senior citizen is granted an exemption on that person's homestead from all Wayne County school district ad valorem taxes for educational purposes for the full value of that homestead. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Wayne County giving the person's age and such additional

3706 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption.
SECTION 3. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the applicant occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Wayne County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 4. (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. (b) The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Wayne County school district ad valorem taxes for educational purposes.
SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1,2003.
SECTION 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Wayne County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Wayne County school district for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide general election in November, 2002, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Wayne County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from all Wayne County school district ad valorem taxes for
NO ( ) educational purposes for that school district for the full value of homesteads for residents of that school district who are 65 years of age or older?"

____________GEORGIA LAWS 2001 SESSION__________3707
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 onehalf of the votes cast on such question are for approval of the Act, then Sections 1 through 5 of this Act shall become of full force and effect on January 1,2003, and shall be applicable to all taxable years beginning on or after January 1, 2003. If Sections 1 through 5 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 5 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Wayne County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 7. Except as otherwise specified in Section 6 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide a homestead exemption from all Wayne County school district ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
Thisl day of Feb. 2001
s-Hinson Mosley, Representative 171st District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hinson Mosley, who on oath deposes and says that he is the Representative from the 171st District and further deposes and says as follows:
(1) That the attached 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 4, 2001.

3708 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy ofsuch resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/HINSON MOSLEY Hinson Mosley Representative, 171 st District
Sworn to and subscribed before me, this 12th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.

_____________GEORGIA LAWS 2001 SESSION__________3709
GWINNETT COUNTY - COMMUNITY IMPROVEMENT DISTRICTS; CREATION IN COUNTY AND MUNICIPALITIES IN COUNTY.
No. 58 (House Bill No. 654).
AN ACT
To provide for the creation of one or more community improvement districts in Gwinnett County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment 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 said districts other than bonded indebtedness; to provide for cooperation with local governments; to provide for powers of said boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be referred to as the "Gwinnett 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 districts within Gwinnett 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 as may be adopted by resolutions of the majority of the electors and the majority of the equity electors present and voting at a meeting of electors and equity electors. A quorum shall consist of those electors and equity electors present. No proxy votes may be cast. Notice of said meeting shall be given to said electors and equity electors by publishing notice thereof in the legal organ of Gwinnett County at least once each week for four weeks prior to such meeting:
(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;

3710 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
(4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation, including, but not limited to, services intended to reduce the volume of automobile traffic, to transport two or more persons in conveyances, to improve air quality, and to provide bicycle and pedestrian facilities and the operation of a traffic management association or similar entity; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law.
SECTION 3. Definitions.
As used in this Act, the term: (1) "Agricultural" means the growing of crops for sale or the 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) "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 quorum at such caucus shall consist of those electors present, and a majority ofthose present and voting is necessary to elect board members. No proxy votes may be cast. (4) "Cost of the project" or "cost of any project" means and includes: (A) All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, 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 notes or other obligations of a district 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, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in

___________GEORGIA LAWS 2001 SESSION__________3711
connection with any project; (E) All expenses for inspection of any project; (F) All expenses of or incidental to determining the feasibility or practicability of any project; (G) All costs of plans and specifications for any project; (H) All costs of title insurance and examinations of title with respect to any project; (I) Repayment of any loans made for the advance payment of any part of the foregoing costs, including interest thereon and any other expenses of such loans; and (J) Administrative expenses of the board and such other expenses as may be necessary for or incidental to any project or the financing thereof or the placing of any project in operation. 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 the proceeds of notes or other obligations issued by the district. (5) "District" means the geographical area designated 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. (6) "Electors" means the owners of real property within the district which is subject to taxes, fees, and assessments levied by the board, as they appear on the most recent ad valorem real property tax return records of Gwinnett 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 representative of an elector whose designation is made in writing. An owner of property that is subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners of one parcel have one vote for an election based on numerical majority which must be cast by one of their number who is designated in writing. (7) "Equitably 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 development of each such property," with reference to taxes, fees, and assessments 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 Gwinnett County Board of Tax Assessors, or may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefits derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended, or may be

3712 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
apportioned in any other manner or combination ofmanners deemed equitable by the board, including, but not limited to, the recognition of differential benefits which may reasonably be expected to accrue to new land development in contrast to lands and improvements already in existence at the time of creation of the community improvement district. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all owned real property within the district which is then subject to taxes, fees, and assessments levied by the board. Value of real property shall be the assessed value. (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 operation. 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 "herewith" mean under this Act. (11) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement; the creation, provision, enhancement, or supplementing of public services (such as fire, police, and other services), provided that same do not conflict with or duplicate existing public services; and 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 valorem tax records of Gwinnett County within the district as certified by the Gwinnett County tax commissioner. (13) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. (14) "Residential" means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (15) "Taxpayer" means an 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

_____________GEORGIA LAWS 2001 SESSION__________3713
in writing one of their number to represent the whole. (16) "Value" or "assessed value" of property means the values established in the most recent ad valorem tax reassessment of such properties certified by the chairman of the Gwinnett County Board of Tax Assessors.
SECTION 4. Creation.
Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in Gwinnett County, Georgia, either wholly within the unincorporated area thereof, or wholly within any municipality therein, or partly within one or more municipalities and partly within the unincorporated area thereof, each of which shall be activated upon compliance with the conditions set forth in this section. Each district shall be governed by a board constituted by this Act. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of each community improvement district by:
(A) The Board of Commissioners of Gwinnett County if the district is located wholly within the unincorporated area of Gwinnett County; (B) The governing authority of the municipality if the district is located wholly within the incorporated area of a municipality; or (C) The governing authorities of Gwinnett County and any municipality in which the district is partially located if it is located partially within the unincorporated area of Gwinnett County and partially within the incorporated area of any municipality; and (2) The written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; and (B) 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 this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Gwinnett County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions 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.

3714 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5. Administration, appointment, and election of board members.
(a) Each district created pursuant hereto shall be administered by a board composed of a minimum of seven board members to be appointed and elected as hereinafter provided. One board member shall be appointed by the Gwinnett County Board of Commissioners. One board member shall be appointed by the governing authority of each municipality, if any portion of the district lies within the incorporated area of such municipality, three board members shall be elected by the vote of electors, and three members shall be elected by the vote of equity electors. The board shall be seven in number plus one for each member appointed by the governing authority of each municipality as provided above. The members representing the electors and equity electors shall be elected to serve in post positions 1 through 6, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for posts 1,2, and 3 shall be cast by electors and votes for posts 4, 5, and 6 shall be cast by equity electors. The initial term of office for the members representing posts 1 and 4 shall be one year. The initial term of office for the members representing posts 2 and 5 shall be two years, and the initial term of office of the members representing posts 3 and 6 shall be three years. Thereafter, all terms of office shall be for three years, except the appointed board members who serve at the pleasure of the governing body which appointed them. (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 Board of Commissioners of Gwinnett County, 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 Gwinnett County as hereinafter provided. Thereafter, there shall be conducted, not later than 60 days following the last day for filing ad valorem real property tax returns in Gwinnett 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 positions whose terms expire or are vacant. If a vacancy occurs in an elected 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 Gwinnett County at least once each week for four weeks prior to such election. (c) Board members shall be subject to recall as follows:
(1) By election, called by a resolution of the Board of Commissioners of Gwinnett County;

_____________GEORGIA LAWS 2001 SESSION__________3715
(2) By election, called by a resolution of the administrative board of the district; (3) By election, called by a petition of 20 percent of the electors or a petition by holders of 20 percent of eligible votes represented by equity electors; (4) Upon petition of either a majority of the electors within the district or a majority of the equity electors within the district, provided that, if the petition is for recall of an elected board member, the petition shall be from the category of voters who elected the board member; or (5) Upon the termination of an agreement of cooperation. Termination is in the event such agreement of cooperation shall lapse (i.e., failure to reenact by the following December 31 after an existing agreement of cooperation shall expire on its own terms) or an affirmative resolution of rejection of an agreement or reenactment of an agreement of cooperation by any one of the necessary parties so that no agreement of cooperation is in force. (d) Board members, including appointed board members, shall be electors within the district. If a board member ceases to be an elector, such board member's position shall be declared vacant as of the date of the event terminating such status. (e) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They 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 or an elector. (f) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipality's boundaries are changed to include land within an existing district, the governing authority of the municipality 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 Gwinnett County and the district originally had no land within the unincorporated area of Gwinnett County, the Board of Commissioners of Gwinnett County 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, by municipal annexation or by deannexation of land from a district, the district no longer includes land within the unincorporated area of Gwinnett County or within a municipality, respectively, then 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. (g) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.

3716 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Constitution or laws of the State of Georgia, all property used for residential, agricultural, or forestry purposes, and all 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 taxes, fees, and assessments levied by the board shall be equitably 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 development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose 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 Gwinnett County in the same manner as taxes, fees, and assessments are levied by the county. Delinquent taxes shall bear the same interest and penalties as Gwinnett County ad valorem taxes 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 Gwinnett County 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 subsequent to the report of the assessed taxable values for the current calendar year and notify in writing the collecting governing bodies so they may include the levy on their regular ad valorem tax bills, if possible. (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 refunded.
SECTION 7. Boundaries of the districts.
(a) The boundaries of each district shall be as designated as such by the Gwinnett County Board of Commissioners if wholly within the unincorporated area of Gwinnett County and such municipalities within which the district may be partially located if partially within the unincorporated area of Gwinnett 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.

_____________GEORGIA LAWS 2001 SESSION__________3717
(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 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 this purpose, 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 Gwinnett County, if any portion of the district is or is to be in the unincorporated area of Gwinnett County, and such municipalities as may have area within the district before or after the annexation. (c) The boundaries of a district may also be increased after the initial creation of a district if: (1) Written consent of the owners of any real property sought to be annexed and which will not be subject to taxes, fees, and assessments levied by the board of the district is first obtained; (2) The board of the district adopts a resolution consenting to the annexation; and (3) A resolution is adopted which grants consent to the annexation by the governing authorities of Gwinnett County, if any portion of the district is in the unincorporated area of Gwinnett County, and such municipalities as may have area within the district before or after the annexation. (d) Property which is not subject to taxes, fees, and assessments levied by the board of the district and which is adjacent to, contiguous to, or abutting property within the district may be annexed by: (1) The adoption of a resolution approving the annexation by the board of the district; and (2) The adoption of a resolution granting consent to the annexation by the governing authorities of Gwinnett County, if any portion of the district is in the unincorporated area of Gwinnett County, and such municipalities as may have area within the district before or after the annexation.
SECTION 8. Debt.
Except as otherwise provided in this section, each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution 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 and credit and taxing power of the district but shall

3718 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district. No district shall be authorized to issue bonds or incur bonded indebtedness.
SECTION 9. Cooperation with local governments.
The services and facilities provided pursuant hereto shall be provided for in a cooperation agreement executed jointly by the board, the governing body of Gwinnett County, and any municipalities within which the district is partially located. The provisions of this section shall in no way limit the authority of Gwinnett County or any such municipality to provide services or facilities within the district; and Gwinnett 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 application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. Any community improvement district created pursuant to this Act shall indemnify and hold harmless the State of Georgia, Gwinnett County, any municipality located wholly or partially within such community improvement district, and any other unit of government of the State of Georgia other than such community improvement district from any claim or cause of action asserted against, or which is capable of assertion against, such community improvement district arising from the acts or omissions of the community improvement district. Neither the State of Georgia, Gwinnett County, any municipality located wholly or partially within such district, nor any other unit of government of the State of Georgia other than the district shall be responsible or liable for payment of any sum arising from a claim or cause of action asserted, or which might have been asserted, against such community improvement district arising from the acts or omissions of the community improvement district.
SECTION 10. Powers.
(a) Each district and its board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, 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 limited to, contracts for construction of projects, leases of projects, contracts for sale of

__________GEORGIA LAWS 2001 SESSION__________3719
projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (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, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of the district or any other funds ofthe district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the board is authorized to receive, accept, and use; (6) 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 assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (7) To enter into agreements with the federal government or any agency thereofto use the facilities or services ofthe federal government or any agency thereof in order to further or carry out the public purposes of the district; (8) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal 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 subdivision with which the district contracts are authorized by law to undertake; (9) 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; (10) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (11) 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; (12) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation

3720 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
and pay their expenses; (13) 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 Gwinnett County and any municipal corporations in which the district is wholly or partially located; (14) To adopt bylaws governing the conduct of business 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; (15) 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; (16) To create, provide, enhance, or supplement public services such as fire, police, and other such services as may be deemed necessary, provided that said public services do not conflict with or duplicate existing Gwinnett County or municipal corporation services; and (17) 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 enumerated herein and elsewhere in this Act; and no such power limits or restricts any other power of the board.
SECTION 11. Construction; notice, proceeding, publication, referendum.
This Act shall be liberally construed to effect the purposes hereof. No notice, proceeding, 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 12. Dissolution.
(a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
(1) The adoption of a resolution approving of the dissolution of each community improvement district by the Gwinnett County Board of Commissioners if wholly within the unincorporated area of Gwinnett County and such municipalities within which the district may be located if partially within the unincorporated area of Gwinnett County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof; and (2) The written consent to the dissolution of the community improvement district by:
(A) Two-thirds (67 percent) of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district; and

_____________GEORGIA LAWS 2001 SESSION__________3721
(B) The owners of real property constituting at least 75 percent by value of all real property within the district which are subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Gwinnett County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each proposed district dissolution. (b) At the official caucus of electors at which board members are to be elected in the sixth year following creation of the district, and every sixth year thereafter, the question shall be put to the electors present to dissolve the community improvement district. Upon an affirmative vote of two-thirds (67 percent) of the electors present and voting, who shall represent at least 75 percent of the votes cast on the basis of value, the board shall send a ballot to each owner of property subject to taxes, fees, and assessments levied by the board for a vote on the dissolution. Upon receipt of ballots consenting to the dissolution from a majority of the property owners, who shall represent at least 75 percent of the assessed value of said properties, the board shall request dissolution by the governing authority and shall forward said ballots to the Gwinnett County tax commissioner for certification. (c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (d) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property owner relative to the total revenues paid by all properties in the district. (e) When a dissolution becomes effective, the county governing authority, or the governing authority ofa municipality ifwholly within the incorporated area thereof, shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (f) A district may be reactivated in the same manner as an original activation. (g) No obligation of debt may be entered into beyond the term or life of the district.
SECTION 13. Repealer.
All laws and parts of laws in conflict with this Act are repealed.

3722 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 2001 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in Gwinnett County and in each municipality therein; to provide the procedures and all related matters connected with such districts; to repeal conflicting laws; and for other purposes.
This the 11th day of January, 2001.
-s- Charles E. Bannister State Representative District 77
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles E. Bannister, who on oath deposes and says that he is the Representative from the 77th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on the following date: January 14, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed

____________GEORGIA LAWS 2001 SESSION__________3723
is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ CHARLES E. BANNISTER Charles E. Bannister Representative, 77th District
Sworn to and subscribed before me, this 8th day of February, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13,2001.
CITY OF CRAWFORDVILLE - MAYOR AND VICE MAYOR; POWERS; DUTIES; VACANCIES IN OFFICE OF MAYOR OR COUNCILMEMBER.
No. 59 (House Bill No. 668).
AN ACT
To amend an Act reincorporating the City of Crawfordville, approved April 17, 1975 (Ga. L. 1975, p. 2986), so as to change the provisions relating to the powers and duties of the mayor and vice mayor; to change the provisions relating to the filling of vacancies in the office of mayor or councilmember; 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 Crawfordville, approved April 17, 1975 (Ga. L. 1975, p. 2986), is amended by striking Section 2.03 of said Act and inserting in its place the following:
Section 2.03. Mayor as Presiding Officer.
The mayor shall preside at meetings of the council, shall have a vote in all instances, but no veto power; shall be the ceremonial head of the city, shall sign

3724 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ordinances and resolutions on 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 other duties imposed by this Act and ordinances not inconsistent with this Act.
SECTION 2. Said Act is further amended by striking Section 2.04 of said Act and inserting in its place the following:
Section 2.04. Vice Mayor.
The council at the first regular meeting, after the newly elected councilmembers have taken office following each annual election, shall elect from its membership a vice mayor for a term of four years. In the event that no decision is reached at such first regular meeting, the council shall, within five ballots to be taken within ten days following such meeting, elect the vice mayor; otherwise the councilmembers who received the highest number of votes, when he or she was last elected, shall become vice mayor. The vice mayor shall perform the duties of the mayor during the mayor's absence or inability to act, in which case a new vice mayor shall be elected by majority vote of the council.
SECTION 3. Said Act is further amended by striking Section 2.05 of said Act and inserting in its place the following:
Section 2.05. Vacancy in Office of Mayor or Councilmember.
A vacancy shall exist if the mayor or a councilmember resigns, dies, moves his or her residence from the city, or has been continuously disabled for a period of six months, so as to prevent him or her from discharging the duties of his or her office, or if he or she accepts any federal, state, county, or other municipal office or position of employment except as a magistrate or member of the National Guard or other reserve components of the U. S. Armed Forces; or if he or she is convicted of malfeasance or misfeasance in office, or of a felony, or violation of this Act; or any violation of the election laws of the state. In the event of a vacancy in the office of mayor, the vice mayor shall fill out the unexpired term in the office of mayor if there shall be six months or less remaining to be served in such term. If, however, there shall be more than six months remaining to be served in such term, a special election shall be called to be held in the city to elect a person to fill out the balance of the unexpired term in the office of mayor. In the event of a vacancy in the office of a councilmember, if there shall be six months or less remaining in the term to be served by such councilmember, the mayor and council shall immediately appoint, by majority vote among themselves, another person to serve for said remaining term

____________GEORGIA LAWS 2001 SESSION__________3725
of six months or less. If, however, there shall be more th;tn six months remaining to be served in the term of said councilmember, a special election shall be called by the mayor and council to be held in the city to elect person to fill out such unexpired term. In the interim period between the occurrence of the vacancy and the election ofa new councilmember the mayor and counci' shall appoint an interim appointee to serve until the election is held. Such interim appointee may, if he or she desires, be a candidate in such election.
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 2001 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Crawfordville, approved April 17,1975 (Ga. L. 1975, p. 2986); and for other purposes.
This 24th day of January, 2001.
Lauri Draper, City Clerk
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sistie Hudson, who on oath deposes and says that she is the Representative from the 120th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Advocate Democrat which is the official organ of Taliaferro County on the following date: January 26, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_____ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
______ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

3726 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ SISTIE HUDSON Sistie Hudson Representative, 120th District
Sworn to and subscribed before me, this 16th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CITY OF BREMEN - BREMEN CITY SCHOOLS; TAXES; COLLECTION; PAYMENT.
No. 60 (House Bill No. 670).
AN ACT
To amend an Act providing a new charter for the City of Bremen, approved December 30, 1898 (Ga. L. 1898, p. 136), as amended, and the several Acts amendatory thereof, so as to provide that all taxes collected by the city for or on behalf of the Bremen City Schools shall be accounted for and paid over to the board of education on a regular periodic basis; 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:

_____________GEORGIA LAWS 2001 SESSION__________3727
SECTION 1. An Act providing a new charter for the City of Bremen, approved December 30, 1898 (Ga. L. 1898, p. 136), as amended, and the several Acts amendatory thereof, are amended by adding immediately after Section 18 a new Section 18A to read as follows:
'SECTION ISA. All taxes collected by the City of Bremen for or on behalf of the Bremen City Schools shall be accounted for and paid over to the board of education of the Bremen City Schools on a semimonthly basis. For each semimonthly period, the appropriate fiscal authorities of the city shall provide to the board of education an accounting of the taxes collected in such period and pay over to the board of education the taxes collected in such period. Such accounting and payment to the board shall be completed for each semimonthly period no later than the tenth day after the close of the semimonthly period.*
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 2001 session of the General Assembly of Georgia a bill to amend an Act providing a new chapter for the City of Bremen, approved December 30, 1898, (Ga. L. 1898, p. 136), as amended, and the several Acts amendatory thereof, so as to provide that all taxes collected by the city for or on behalf of the Bremen City Schools shall be accounted for and paid over to the board of education on a regular periodic basis; to provide for related matters; to provide an effective dates; to repeal conflicting laws; and for other purposes.
This 29th day of January, 2001.
/s/ Thomas B. Murphy
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B, Murphy, who on oath deposes and says that he is the Representative from the 18th District and further deposes and says as follows:

3728 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. 11____
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway Beacon which is the official organ of Haralson County on the following date: February 1, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/THOMAS B. MURPHY Thomas B. Murphy Representative, 18th District
Sworn to and subscribed before me, this 19th day of February, 2001.
s/ ELIZABETH D. GREEN Notary Public, Cobb County, Georgia My Commission Expires Feb. 21, 2004 (SEAL)
Approved April 13, 2001.

_____________GEORGIA LAWS 2001 SESSION__________3729
CITY OF NORCROSS - CORPORATE LIMITS.
No. 61 (House Bill No. 676). AN ACT
To amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3844), so as to change the corporate limits of the City of Norcross; 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 Norcross, Georgia, approved March 28,1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3 844), is amended by adding at the end of Section 1.12 a new subsection (e) to read as follows:
"(e) In addition to all other territory included within the corporate limits of said city, the corporate limits shall specifically include the following described property, all of which is located in Gwinnett County, Georgia:
All that tract or parcel of land lying and being in Land Lots 286 and 271 of the 6th District of Gwinnett County7, Georgia, and being more particularly described as follows:
Beginning at the northwest corner of the intersection of Peachtree Industrial Boulevard and Medlock Bridge Road, said point being located in the City of Norcross, Georgia, and continuing along the westerly right-of-way of Medlock Bridge Road to the southwest corner ofthe intersection ofMedlock Bridge Road and Spalding Drive, then continuing along the westerly rightof-way of Spalding Drive to the land lot line dividing Land Lots 285 and 286 of the 6th District, Gwinnett County, Georgia, and continuing southerly along the land lot line through the point at which the land lot line divides Land Lots 271 and 272 of the 6th District of Gwinnett County, Georgia, and continuing along the land lot line dividing Land Lots 271 and 272 to the right-of-way of Peachtree Industrial Boulevard then continuing northeasterly along the right-of-way of Peachtree Industrial Boulevard to the point of beginning at the intersection of Peachtree Industrial Boulevard and Medlock Bridge Road, less and excepting and excluding specifically Parcel 52 of Land Lot 285 of the 6th District and Parcel 95 of Land Lot 286 of the 6th District.'
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

3730 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
RESOLUTION OF THE CITY OF NORCROSS, GEORGIA
The Council of the City of Norcross, Georgia, has considered and hereby adopts the following as a Resolution of said Council:
WHEREAS, the City Council is desirous of expanding the City corporate boundaries;
WHEREAS, the Charter of the City of Norcross provides that alterations may be made from time to time to corporate boundaries in the manner provided by law;
WHEREAS, expansion of the corporate boundaries to include certain right of way will provide a more efficient and economic method of delivering services to certain areas bordering on the corporate boundaries of the City of Norcross;
WHEREAS, said annexation in the opinion of the City Council will benefit the City of Norcross;
IT IS HEREBY RESOLVED that it is the intent of the Council of the City of Norcross to introduce a Bill, at the regular 2001 session of the General Assembly of Georgia, to be enacted by the General Assembly and become an Act thereof which Bill will amend an Act creating a new charter for the City of Norcross approved March 28, 1990 (GA. Laws 1990, 4934) as amended, to provide for a change to the corporate limits of the City of Norcross; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT FURTHER RESOLVED that said Bill when introduced to the General Assembly of Georgia will state as follows:
City of Norcross - Corporate Limits Amendment to Corporate Charter No. ___ (House Bill No. ____ )
AN ACT
To amend an Act providing a new Charter for the City of Norcross, Georgia, approved March 28, 1990 (GA. Laws 1990, p. 4934) as amended, so as to change the corporate limits of the City of Norcross; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (GA. Laws 1990, p. 4934) as amended, is hereby amended by adding to Section 1.12, a new subsection (f) to read as follows:

_____________GEORGIA LAWS 2001 SESSION__________3731

(f) In addition to all other territory included within the corporate limits of said city, the corporate limits shall specifically include the following described property, all of which is located in Gwinnett County, Georgia:

All that tract or parcel of land lying and being in Land Lots 286 and 271 ofthe 6th District of Gwinnett County, Georgia, and being more particularly described as follows:

Beginning at the northwest corner of the intersection of Peachtree Industrial Boulevard and Medlock Bridge Road - said point being located in the City of Norcross, Georgia - and continuing along the westerly right-of-way of Medlock Bridge Road to the southwest corner of the intersection of Medlock Bridge Road and Spalding Drive, then continuing along the westerly right-ofway of Spalding Drive to the Land Lots Line dividing Land Lots 285 and 286 of the 6th District, Gwinnett County Georgia and continuing southernly along the Land Lots line through the point in which the Land Lots line divides Land Lots 271 and 272 of the 6th District, Gwinnett County, and continuing the Land Lot Line dividing Land Lots 271 and 272 to the right of way of Peachtree Industrial Boulevard then continuing northeasterly along the right of way of Peachtree Industrial Boulevard to the point of beginning at the intersection of Peachtree Industrial Boulevard and Medlock Bridge Road - less and excepting and excluding specifically Parcel 52, Land Lot 285 of the 6th District and Parcel 95, Land Lot 286 of the 6th District.

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed

BE IT FURTHER RESOLVED, that the Mayor ofthe City ofNorcross is hereby instructed to cause notice of Intention to Apply for Local Legislation to be published as required by law.

This 5th day of February, 2001.

Authenticated By: s/ SUE DENNEN Sue Dennen, City Clerk

s/ LILLIAN H. WEBB, MAYOR Lillian H. Webb

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced for passage at the 2001 Session of the General Assembly of Georgia, a local bill to amend the charter of

3732 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
the city ofNorcross, Georgia, approved March 28,1990 (GA. Laws 1990, p. 4934) as amended, so as to change the corporate limits of the City of Norcross; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 9th day of February, 2001.
-s- Lillian H. Webb, Mayor City of Norcross, Georgia
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Brooks P. Coleman, Jr. who on oath deposes and says that he is the Representative from the 80th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnert Daily Post which is the official organ of Gwinnett County on the following date: February 16, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

_____________GEORGIA LAWS 2001 SESSION__________3733
s/ BROOKS P. COLEMAN, JR. Brooks P. Coleman, Jr. Representative, 80th District
Sworn to and subscribed before me, this 20th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
THOMAS COUNTY - EMERGENCY SERVICES BOARD; NAME CHANGED TO THOMAS COUNTY EMERGENCY SERVICES AGENCY; TERMS; MEMBERSHIP; DISBANDING.
No. 62 (House Bill No. 680).
AN ACT
To amend an Act creating the Thomas County Emergency Services Board, approved April 19, 1999 (Ga. L. 1999, p. 4807), so as to provide for a change of name; to provide for terms of office; to change the provisions relating to removal and membership; to provide for withdrawal from and disbanding of such entity and for the provision of services in that event; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Thomas County Emergency Services Board, approved April 19, 1999 (Ga. L. 1999, p. 4807), is amended by striking Sections 1 through 6 thereof and inserting in their respective places the following:
'SECTION 1. There shall be a board known as the Thomas County Emergency Services Agency ('ESA') to consist of five members who shall be known as the board of directors.
SECTION 2. Two members of the board of directors shall be selected by the Board of

3734 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
Commissioners of Thomas County from their membership. Two members shall be selected by the City Council of the City of Thomasville from their membership. The fifth member shall be selected by a unanimous vote of the four elective members representing the City of Thomasville and Thomas County, respectively. The term for all members selected, except for the initial terms required to stagger the terms of the elective members, will be two years except that the fifth member may be removed at any time by a vote of three of the four members selected from the membership of the City Council of the City of Thomasville and the Board of Commissioners of Thomas County and no elective member shall serve beyond such member's term in elected office. Members shall receive no salary or other compensation except for reimbursement of out-of-pocket expenses. Terms for one member from the city council and one member from the board of commissioners, as designated by such governing authorities, shall expire in even-numbered years and the terms of the other member from the city council and the other member from the board of commissioners shall expire in odd-numbered years.
SECTION 3. The Thomas County Emergency Services Agency shall have as its principal responsibility the management and operation ofthe emergency services currently provided by Thomas County and the City of Thomasville. These services include but are not limited to fire protection, emergency medical service, and the emergency telephone number '911' system.
SECTION 4. The Thomas County Emergency Services Agency shall have the following powers:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts and other instruments necessary to carry out its responsibilities, provided that, if the contracts involve leases, such leases shall be limited by the provisions of Code Section 36-60-13 of the O.C.G.A.; (4) To own property, both real and personal, in its own name and to sell property; (5) To appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties; (6) To expend such funds as are provided by the city, county, and any other legal sources to carry out its functions; and (7) To develop bylaws to carry out the functions and powers granted herein.
SECTION 5. The board shall meet at least monthly and all meetings shall be noticed and conducted as provided in Chapter 14 of Title 50 of the O.C.G.A.

_____________GEORGIA LAWS 2001 SESSION__________3735
SECTION 6. In the event that either the City Council of the City of Thomasville or the Board of Commissioners of Thomas County should decide that the Thomas County Emergency Services Agency is no longer able to provide for the public safety of its citizens and elects to withdraw from the Thomas County Emergency Services Agency, notice of such intent shall be delivered to the Thomas County Emergency Services Agency and the other governing body as soon as possible. The Thomas County Emergency Services Agency shall, within ten months of receipt of this notice, conclude all of its activities. Assets used by the agency in carrying out its functions shall be divided according to the responsibilities assumed by the county and city, respectively, and any debt associated with any given asset shall be assumed by the entity assuming the function. In the event a dispute should arise as to whether the city or county is to receive a given asset, the matter shall be resolved by binding arbitration, and any arbitrator shall be appointed by the chief judge of the Southern Judicial Circuit. Following the disbanding of the Thomas County Emergency Services Agency, the City of Thomasville shall, for a period of 12 months, provide fire protection services in Fire Zones 1 and 2 and assistance in Fire Zone 3, if the parties can agree upon a fee.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
YOU ARE HEREBY NOTIFIED that Thomas County intends to request introduction of local legislation to amend an act creating the Emergency Services Board by changing the name to the "Thomas County Emergency Services Agency"; modifying the terms to provide two year terms; to change the wind down period from six to ten months; and too year in fire districts 1, 2, and 3 in the event the agency is dissolved.
R. BRUCE WARREN Attorney for Thomas County WHITEHURST, BLACKBURN, WARREN & KELLEY 809 South Broad Street Thomasville, GA 31792
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Bulloch, who on oath deposes and says that he is the Representative from the 180th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was

3 736 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
published in the Thomasville Times-Enterprise which is the official organ of Thomas County on the following date: February 9, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
!
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 2 8-1 -14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JOHN BULLOCH John Bulloch Representative, 180th District
Sworn to and subscribed before me, this 20th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.

_____________GEORGIA LAWS 2001 SESSION__________3737
CRAWFORD COUNTY - CORONER; DEPUTY CORONER; COMPENSATION; FEE SYSTEM ABOLISHED.
No. 63 (House Bill No. 685).
AN ACT
To abolish the present mode of compensating the coroner and deputy coroner of Crawford County, known as the fee system; to provide in lieu thereof an annual salary for the coroner and deputy coroner; to provide that all fees, costs, or other emoluments of said officers shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide 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 coroner and deputy coroner of Crawford County, known as the fee system, is abolished, and in lieu thereof, an annual salary for each of such officers is prescribed as provided in this Act.
SECTION 2. (a) The coroner of Crawford County shall receive an annual base salary in the amount of $12,000.00 payable in equal monthly installments from the funds of Crawford County. (b) The deputy coroner of Crawford County shall receive an annual base salary in the amount of $2,500.00 payable in equal monthly installments from the funds of Crawford County.
SECTION 3. After the effective date of this Act, said coroner shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys and all other emoluments and perquisites formerly allowed the coroner as compensation for his or her services as coroner, and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received.
SECTION 4. The necessary operating expenses of the coroner's office shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the

3 73 8 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Crawford County.
SECTION 5. In addition to compensation provided for in Section 2 of this Act, the coroner shall be reimbursed for actual and necessary expenses, including expenses for lodging and meals, incurred by such officer in carrying out his or her official duties within and outside the county, but within the state, including attendance at seminars or training required pursuant to Code Section 45-16-66 of the O.C.G.A.; provided, however, that the coroner shall be required to submit to the board of commissioners of Crawford County an itemized, verified account of any such expenses; and provided, further, that the coroner shall not be reimbursed more than $ 1,800.00 per annum for actual and necessary expenses incurred in carrying out his or her duties. When using his or her personal automobile in traveling on official business outside the county, the coroner shall be reimbursed for travel expenses at the legal mileage rate authorized under Code Section 50-19-7 of the O.C.G.A., as now or hereafter amended. All expenses provided for in this section shall be paid from the funds of Crawford County. Expenses provided for in this section are in addition to any operating expenses provided for in Section 4 of this Act.
SECTION 6. This Act shall become effective on January 1, 2002.
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 2001 session of the General Assembly of Georgia a bill to abolish the present mode of compensating the coroner and deputy coroner of Crawford County, known as the fee system; to provide in lieu thereof an annual salary for the coroner and deputy coroner; to provide that all fees, costs, or other emoluments of said officers shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal conflicting laws; and for ofher purposes.
This 12th day of February, 2001.
Gregory J. Dent, Chairman Crawford County Board of Commissioner

____________GEORGIA LAWS 2001 SESSION__________3739
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who on oath deposes and says that he is the Representative from the 128th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Georgia Post which is the official organ ofCrawford County on the following date: February 15, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ ROBERT RAY Robert Ray Representative, 128th District
Sworn to and subscribed before me, this 19th day of February, 2001.

3740 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
WARE COUNTY - HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM.
No. 64 (House Bill No. 694).
AN ACT
To provide for a homestead exemption from certain Ware County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Ware County, including but not limited to any ad valorem taxes for special district purposes and to pay interest on and to retire county bond indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (b) Each resident of Ware County is granted an exemption on that person's homestead from all Ware County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value ofthe homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real

_____________GEORGIA LAWS 2001 SESSION__________3741
property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation, (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Ware County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. (d) The tax commissioner of Ware Count)' shall provide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 48-550.1 of the O.C.G. A. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county or the designee thereof in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2002.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Ware County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Ware County for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. 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 Ware County. The ballot shall have written or printed thereon the words:

3742 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"YES ( ) Shall the Act be approved which provides a homestead exemption from certain Ware County ad valorem taxes for county purposes in
NO ( ) an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?"
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 onehalf 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 on January 1, 2002. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Ware County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 2001 session of the General Assembly of Georgia a bill to provide for a homestead exemption from certain Ware County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 7th day of February, 2001.
Mike Boggs Representative 168th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael P. Boggs, who on oath deposes and says that he is the Representative from the 168th District and further deposes and says as follows:

____________GEORGIA LAWS 2001 SESSION__________3743
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County on the following date: February 17, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy ofsuch resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ MICHAEL P. BOGGS Michael P. Boggs Representative, 168th District
Sworn to and subscribed before me, this 20th day of February, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13,2001.

3744 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
DOUGLAS COUNTY - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM.
No. 65 (House Bill No. 551).
AN ACT
To provide a homestead exemption from Douglas County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who are 62 years of age; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; 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 Douglas County School District, including, but not limited to, taxes to pay interest on and to retire school bond indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G. A. (3) "Senior citizen" means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made.
SECTION 2. (a) Each resident of the Douglas County School District who is a senior citizen is granted an exemption on that person's homestead from all Douglas County School District ad valorem taxes for educational purposes for the full value of that homestead. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Douglas County giving the person's age, the amount of income which the person and the person's spouse residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
SECTION 3. The tax commissioner of Douglas County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such

_____________GEORGIA LAWS 2001 SESSION__________3745
information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Douglas County or the designee thereof 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, independent school district taxes, or Douglas County taxes for county purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Douglas County School District ad valorem taxes for educational purposes.
SECTION 6. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1,2002.
SECTION 7. Unless prohibited by the federal Voting Rights Act of 1962, as amended, the election superintendent of Douglas County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Douglas County School District for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide general election in 2002, and shall issue the call and conduct that election as provided by general law. 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 Douglas County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Douglas County School District ad valorem taxes for
NO ( ) educational purposes for the full value of the homestead for residents of that school district who are 62 years of age?"
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 shall become of full force and effect on January 1,2003. If the Act is not so approved or if the election is not conducted as provided in this section, Sections

3746 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Douglas County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 8. Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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 2001 Session of the General Assembly of Georgia a bill to provide a homestead exemption from Douglas County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who are 62 years of age; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 8th day of February, 2001.
s/ Bill Hembree Honorable Bill Hembree Representative, District 98
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hembree, who on oath deposes and says that he is the Representative from the 98th District and further deposes and says as follows:
(1) That the attached 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 9, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or

_____________GEORGIA LAWS 2001 SESSION__________3747
otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 2 8-1 -14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BILL HEMBREE Bill Hembree Representative, 98th District
Sworn to and subscribed before me, this 9th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CITY OF RICHMOND HILL - AD VALOREM TAXES; INTEREST RATE.
No. 66 (House Bill No. 697).
AN ACT
To amend an Act entitled "An Act to create and incorporate Richmond Hill, in the County of Bryan, Georgia," approved March 3, 1962 (Ga. L. 1962, p. 2505), as

3748 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
amended, so as to change the rate of interest which delinquent ad valorem taxes bear; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to create and incorporate Richmond Hill, in the County of Bryan, Georgia," approved March 3, 1962 (Ga. L. 1962, p. 2505), as amended, is amended by striking in its entirety Section 27 and inserting in lieu thereof the following:
'SECTION 27. All ad valorem taxes shall be levied and assessed on or before July 15 and shall be due and payable on September 1 in the year for which they are levied and assessed, and all taxes shall bear interest at the rate provided in Code Section 48-2-40 of the O.C.G.A., as now or hereafter amended, from their due date, and said city shall have a lien upon all property of the taxpayer prior and superior to all other liens from the first day of January of the year for which such taxes are levied and assessed, except as otherwise provided by law. If such taxes are not paid on said due date, then execution shall be issued in the name of the city by the clerk not later than 15 days thereafter and recorded on the general execution docket tax fi. fas. for taxes not paid when due, and proceed at once to advertise, levy, and collect same as provided by law for collection of ad valorem taxes. At any such sale, the city shall have the right to purchase any such property so sold. Such tax fi. fas., however, may be sold and transferred by the clerk, with the approval of the council, for the full amount of taxes and accrued interest and costs. Said clerk, as ex officio tax commissioner and tax receiver, shall perform such other duties as may be incident to the office or the duties thereof, and such others as may be required by ordinance.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND HILL
WHEREAS, the Richmond Hill City Council desire to amend the City Charter by an act of the General Assembly of Georgia; and
WHEREAS, the City Council desire to amend section 27 ofthe City Charter; and
WHEREAS, the first sentence in Section 27 should be amended by striking in its entirety, and inserting in lieu thereof a new first sentence for section 27; and
WHEREAS, the new first sentence for Section 27 to read as follows: All ad

____________GEORGIA LAWS 2001 SESSION__________3749
valorem taxes shall be levied and assessed on or before July 15 and shall be due and payable on September 1, in the year for which they are levied and assessed, and all taxes shall bear interest at the rate provided by O.C.G.A. Sec. 48-2-40, or any successor statute thereto, from their due date, and said City shall have a lien upon all property of the taxpayer prior and superior to all other liens from the first day of January of the year for which such taxes are levied and assessed, except as otherwise provided by law; and
NOW THEREFORE, BE IT RESOLVED that the governing authority ofthe City of Richmond Hill does hereby support and endorse this amendment to the City Charter, and
BE IT SO RESOLVED this 5th day of December, 2000.
s/ Richard R. Davis MAYOR
s/ E. Harold Fowler COUNCILMAN
s/ Louis Turtle, Jr. COUNCILMAN
s/ Floyd W. Hillard COUNCILMAN
s/ Dennis OTCeil COUNCILMAN
Attest: s/ Ursula G. Lee CITY CLERK
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 Session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to create and incorporate Richmond Hill, in the County of Bryan, Georgia," approved March 3, 1962 (Ga. L. 1962, pg. 2505), as amended; and for other purposes.
This 13th day of February, 2001.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who on oath deposes and says that she is the

3750 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Representative from the 147th District and further deposes and says as follows:
(1) That the attached 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 14, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy ofsuch resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ ANN R. PURCELL Ann Purcell Representative, 147th District
Sworn to and subscribed before me, this 16th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.

____________GEORGIA LAWS 2001 SESSION__________3751
HALL COUNTY - HOMESTEAD EXEMPTIONS; SCHOOL DISTRICT TAXES; REFERENDUM.
No. 67 (House Bill No. 705).
AN ACT
To amend an Act providing a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over, approved April 6,1998 (Ga. L. 1998, p. 4281), as amended, so as to increase the income limitation ofthe existing exemption; to provide for a new exemption for certain residents of that school district who are 75 years of age or older; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of$20,000.00 ofthe assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over, approved April 16,1998 (Ga. L. 1998, p. 4281), as amended, is amended by striking Sections 1 and 2 and inserting in their place new Sections 1 and 2 to read as follows:
"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 Hall County School District, including, but not limited to, taxes to pay interest on and to retire school bond indebtedness. (2) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) 'Income' means gross income, as defined by Georgia law, from all sources. For the purposes of this Act, gross 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 such individual's spouse under the

3752 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as gross income for the purposes of this Act.
SECTION 2. (a) Each resident of the Hall County School District who is at least 62 years of age but less than 75 years of age on or before January 1 of the year in which application for the exemption under this subsection is made is granted an exemption on that person's homestead from all Hall County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. The value of that property in excess of such exempted amount shall remain subject to taxation. (b) Each resident of the Hall County' School District who is 75 years of age or older on or before January 1 of the year in which application for the exemption under this subsection is made is granted an exemption on that person's homestead from all Hall County School District ad valorem taxes for educational purposes for the full value of that homestead. (c) A person shall not receive the homestead exemption granted by subsection (a) or (b) ofthis section unless the person or person's agent files an affidavit with the tax commissioner of Hall County giving the person's age, and, if required, the amount of income which the person and the person's spouse residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Hall County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Hall County School District for approval or rejection. The election superintendent shall conduct that election on the date of the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided bygeneral law. 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 Hail County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which increases the income limitation of the current senior citizens' homestead exemption from Hall County
NO ( ) School District ad valorem taxes for educational purposes to $25,000.00 and which adds a full value homestead exemption from those taxes for persons who are 75 years of age or over?"
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

____________GEORGIA LAWS 2001 SESSION__________3753
one-half of the votes cast on such question are for approval of the Act, Section 1 shall become of full force and effect on January 1,2002, and shall be applicable to all taxable years beginning on or after January 1, 2002. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Hall County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 2001 session of the General Assembly of Georgia bill to amend an Act providing a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over, approved April 6, 1998 (Ga. L. 1998, p. 4281), as amended; and for other purposes.
This 13 day of February, 2001.
James Mills Representative James W. Mills 21st District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Mills, who on oath deposes and says that he is the Representative from the 21st District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on the following date: February 16,2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

3754 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1 -14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JAMES MILLS James Mills Representative, 21 st District
Sworn to and subscribed before me, this 20th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.

_____________GEORGIA LAWS 2001 SESSION__________3755
CITY OF MOULTRIE - CORPORATE LIMITS.
No. 68 (House Bill No. 710).
AN ACT
To amend an Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, so as to change the corporate limits of such city by annexing certain territory in Colquitt County into such city; 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 Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, is amended by adding at the end of Section 2 a new undesignated paragraph to read as follows:
'The corporate limits of the City of Moultrie shall also include the following described tract of land:
Begin at the original southeast corner of Lot of Land Number 244 in the 8th Land District of Colquitt County, Georgia, and from said point of beginning run north 0030'00" west along the original east land lot line of said land lot 20.33 feet to an iron pin; run thence in an arc with a radius of 1,092.4359 feet a distance of 602.98 feet along the northeast margin of Georgia State Highway Alternate 133 to an iron pin; continue thence along the northeast margin of Georgia State Highway Alternate 133 north 3240'47" west 1578.53 feet to an iron pin; run thence south 8135'12" east 607.72 feet to a point; run thence north 1552'34" west 572.96 feet to a point on the south margin of West Bypass; run thence north 8749'55" east along the south margin of West Bypass and into Lot of Land Number 245 1443.79 feet to a point; run thence south 4224'48" east 64.60 feet to a point on the west margin of Georgia State Highway Number 35; run thence south 0041 '52"east along the west margin of Georgia State Highway Number 35 363.59 feet to a point; run thence south 8954'32" west along a chain link fence 140.32 feet to a point; run thence south 0459'40" east 539.95 feet to a point; run thence south 8558'41" west 269.8 feet to a point on the east margin of the railroad right of way now or formerly owned by the Georgia Northern Railway Company; run thence in a southerly and southeasterly direction along said east margin of said right of way to the west margin of Georgia State Highway Number 35; run thence in a southerly direction along the west margin of said highway right of way to the south original land lot line of Lot of Land Number 245, run thence in a westerly direction along said south original land lot line to the original southwest corner of said land lot, which is also the southeast corner of Land Lot Number 244, and the point or place of beginning."

3756 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Notice is hereby given of intention to apply for passage of local legislation at the 2001 session of the General Assembly of Georgia to amend an Act creating and establishing a new charter for the City of Moultrie approved March 3, 1943, and Acts amendatory thereof.
This 6th day of February, 2001.
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 the Representative from the 164th District and further deposes and says as follows:
(1) That the attached 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' 14, 200!.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28 1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

____________GEORGIA LAWS 2001 SESSION__________3757
s/ A. RICHARD ROYAL A. Richard Royal Representative, 164th District
Sworn to and subscribed before me, this 21 st day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
FLOYD COUNTY - HOMESTEAD EXEMPTIONS; SCHOOL DISTRICT TAXES; REFERENDUM.
No. 69 (House Bill No. 726).
AN ACT
To amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, so as to provide for a homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00; to provide for a homestead exemption for persons who are 65 years of age or over regardless of income; to specify the terms, conditions, and procedures relative to the exemptions; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28,1986 (Ga. L. 1986, p. 5057), as amended, is amended by striking Sections 2,2A, and 2B and inserting in their places new Sections 2 and 2A to read as follows:

3758 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
'SECTION 2. (a) Each resident of the Floyd County School District who is at least 62 years of age but less than 65 years of age is granted an exemption on that person's homestead from all Floyd County School District ad valorem taxes for educational purposes in the greater of the following amounts:
(1) One-half of the full value of that homestead. For purposes of this paragraph, the term 'homestead' shall include only the dwelling in which the applicant resides and not more than one acre of the land immediately surrounding such dwelling; or (2) Ten thousand dollars of the assessed value of that homestead. (b) The homestead exemption granted by subsection (a) of this section shall only be granted if that person's income, together with the income of all members of that person's family residing within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. (c) The value of the homestead in excess of such exempted amount shall remain subject to taxation.
SECTION 2A. (a) Each resident of the Floyd County School District who is 65 years of age or older is granted an exemption on that person's homestead from all Floyd County School District ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of that homestead. For purposes of this subsection, the term 'homestead' shall include only the dwelling in which the applicant resides and not more than one acre of the land immediately surrounding such dwelling. (b) The value of the homestead in excess of such exempted amount shall remain subject to taxation.*
SECTION 2. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1,2003.
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Floyd County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Floyd County School District for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide general election in November, 2002, and shall issue the call and conduct that election as provided by general law. 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 Floyd County. The ballot shall have written or printed thereon the words:

_____________GEORGIA LAWS 2001 SESSION__________3759
"YES ( ) Shall the Act be approved which replaces the current homestead exemptions from Floyd County School District ad valorem taxes for
NO ( ) educational purposes for that school district for residents of that school district with the following: 1) For persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00, an exemption of the greater of one-half of the full value of the homestead or $10,000.00 of the assessed value of the homestead; and 2) For persons who are 65 years of age or older, an exemption of $40,000.00 of the assessed value of the homestead regardless of income?"
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 onehalf of the votes cast on such question are for approval of the Act, then Sections 1 and 2 of this Act shall become of full force and effect on January 1,2003, and shall be applicable to all taxable years beginning on or after January 1,2003. If Sections 1 and 2 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Floyd County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 4. Except as otherwise specified in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 2001 session of the General Assembly of Georgia a bill to amend an Act providing for a homestead exemption from Floyd County School District as valorem taxes for educational purposes for certain residents of that school district, approved March 28,1986 (Ga. L. 1986, p. 5057); as amended, and for other purposes.
This 12th day of January 2001
Representative E. M. Childers 13th District

3760 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. (Buddy) Childers, who on oath deposes and says that he is the Representative from the 13th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Rome News Tribune which is the official organ of Floyd County on the following date: January 18, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ E. M. (BUDDY) CHILDERS E. M. (Buddy) Childers Representative, 13th District
Sworn to and subscribed before me, this 2nd day of February, 2001.

_____________GEORGIA LAWS 2001 SESSION__________3761
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
GILMER COUNTY - BOARD OF COMMISSIONERS; COMPENSATION; PRESIDING IN ABSENCE OF CHAIRPERSON.
No. 70 (House Bill No. 735).
AN ACT
To amend an Act creating a board of commissioners of Gilmer County, approved March 27, 1995 (Ga. L. 1995, p. 3824), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3637), so as to change the provisions relating to the compensation of the chairperson and other members of said board of commissioners; to provide for persons to preside in the absence of the chairperson; to provide 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 Gilmer County, approved March 27, 1995 (Ga. L. 1995, p. 3824), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3637), is amended by striking Section 3 thereof and inserting in its place the following:
"SECTION 3. The chairperson of the board of commissioners shall be the chief administrative officer of the county and shall devote his or her full time to the duties of the office. The members of the board of commissioners other than the chairperson shall serve part time. The chairperson shall receive an annual base salary equal to the minimum annual base salary received by the sheriff of Gilmer County under paragraph (1) of subsection (a) of Code Section 15-16-20 of the O.C.G.A., increased by 10 percent of such amount, which increased amount shall be the adjusted base salary. The members ofthe board ofcommissioners, other than the chairperson, shall receive annual base salaries equal to 10 percent of the minimum annual base salary received by the sheriff of Gilmer County under paragraph (1) of subsection (a) of Code Section 15-16-20oftheO.C.G.A. Those commissioners' annual base salaries shall be increased by 10 percent of that base salary amount, which increased amount shall be the adjusted base salaries. The

3762 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
adjusted base salary for the chairperson and each commissioner shall be further increased by any cost-of-living adjustment or general performance increase granted state employees and shall be calculated under paragraph (2) ofsubsection (a) of Code Section 15-16-20 of the O.C.G.A., which increased amount shall be the inflation adjusted base salary. That inflation adjusted base salary shall be further increased by adding to it the product obtained by multiplying that salary by the percentage which equals 5 percent times the number of completed four-year terms of office that person served in any elected office after December 31,2000, effective the first day of January following the completion of each such period of service, except that, with regard to the chairperson, the inflation adjusted base salary shall be further increased by adding to it the product obtained by multiplying that salary by the percentage which equals 5 percent times the number of completed and partially completed terms of office that chairperson served in any elected office after December 31, 2000, effective the first day of January following the completion of each such period of service. The compensation provided by this section shall be payable in equal monthly installments from the funds of Gilmer County. The county shall also provide all employee benefits for commissioners in accordance with its policies. The compensation provided for in this section shall constitute the entire compensation from the funds of Gilmer County to which the chairperson and other members of the board of commissioners shall be entitled. The chairperson and other commissioners shall not be entitled to any additional compensation for serving on any other public board or public authority by virtue of their office. The chairperson and members of the board of commissioners may be reimbursed for reasonable expenses incurred in the discharge of their duties. Such reimbursement shall only be made after proper documentation has been provided to the county clerk upon approval by a majority of the board at a regularly scheduled meeting.'
SECTION 2. Said Act is further amended by striking subsection (b) of Section 8 and inserting in its place the following:
'(b) The chairperson of the board shall: (1) Preside at all meetings of the board except that, in the chairperson's absence, the senior in tenure commissioner shall preside, and shall vote the same as other members of the board with the additional requirement that he or she should vote on all measures before the board; (2) Be recognized as the official head of Gilmer County by state, federal, and other authorities for military and ceremonial functions; (3) See that all laws and ordinances of the county are enforced; and (4) Perform such other duties as may be required by the board.'
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

_____________GEORGIA LAWS 2001 SESSION__________3763

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Resolved, that The Board of Commissioners of Gilmer County request that the charter changes (salary bill) submitted to the Georgia General Assembly become effective upon approval by the Governor or by operation of law and not be delayed as set forth in O.C.G.A. Sec. 1-3-4.1 & 28-1-14.

This 15th day of February, 2001.

s/ Rayburn Smith, Chairman s/ Charles Fowler, Commissioner s/ Steve Ralston, Commissioner

Attest: As Clerk of the County Commission of Gilmer County, I do hereby certify that the foregoing Resolution constitutes a true and correct copy of that certain Resolution adopted by the said County Commission of Gilmer County on the 15th day of February, 2001 approving and authorizing said resolution, the original of said Resolution being duly recorded in the Minute Book which is in my custody and control.

WITNESS My hand and the official seal of Gilmer County this 15th day of Feb., 2001.

(COUNTY SEAL)

s/ KIM ROGERS, Kim Rogers County Clerk

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced at the regular 2001 Session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Gilmer County, approved March 27, 1995 (Ga. Laws 1995, p. 3824), as amended, and for other purposes. This 8 day of February, 2001.

Rayburn Smith Chairman, Board of Commissioners of Gilmer County

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amos Amerson, who on oath deposes and says that he is the Representative from the 7th District and further deposes and says as follows:

(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times Courier which is the official organ of Gilmer County on the

3764 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
following date: February 15, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
_____ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
______ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/AMOS AMERSON Amos Amerson Representative, 7th District
Sworn to and subscribed before me, this 22nd day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.

____________GEORGIA LAWS 2001 SESSION__________3765
LIBERTY COUNTY - STATE COURT; JUDGE; SOLICITOR-GENERAL; COMPENSATION.
No. 71 (House Bill No. 745).
AN ACT
To amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3627), so as to change the compensation of the judge and solicitor-general of the said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3627), is amended by striking Section 4A and inserting in its place a new Section 4A to read as follows:
'SECTION 4A. The judge of the State Court of Liberty County shall receive a salary of $52,000.00 per annum, and the same shall be paid monthly out of the public funds of Liberty County and out of any fund set aside for paying current expenses of said county. The judge of said court shall receive no other compensation for said judge s service. The judge shall not be permitted to practice law in said court but may practice in other courts."
SECTION 2. Said Act is further amended by striking Section 5 A and inserting in its place a new Section 5A to read as follows:
'SECTION 5A. The solicitor-general of the State Court of Liberty County shall be compensated in the amount of $52,000.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. Such compensation shall be in lieu of all fees which the solicitor-general has heretofore received except those provided in Section 6. The solicitor-general shall not be allowed any additional reimbursement for secretarial help. In the absence or disqualification of the solicitor-general, the judge of the state court shall appoint a solicitor-general pro tempore, who shall be paid the amount on a pro rata basis which the solicitor-general would have received had said solicitor-general been serving.'

3766 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 3. This Act shall become effective on July 1, 2001.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
STATE OF GEORGIA COUNTY OF LIBERTY
RESOLUTION OF THE LIBERTY COUNTY BOARD OF COMMISSIONERS
WHEREAS, Edward L. Colby, Jr., as Solicitor of Liberty County, did approach this body and request a salary increase from $36,000.00 to $52,000.00 per annum; and
WHEREAS, this body agreed to said raise; and
WHEREAS, this action requires legislation authorizing same; and
WHEREAS, it is the desire of this Commission that said legislation be introduced.
NOW THEREFORE, it is hereby resolved that the Liberty County Board of Commissioners hereby request that the legislative delegation introduce legislation which will raise the salary for the State Court Solicitor from $36,000.00 to $52.000.00 per annum. This increase is to become effective July 1, 2001.
SO ADOPTED, this the 2nd day of January, 2001.
BOARD OF COMMISSIONERS OF LIBERTY COUNTY, GEORGIA
By: Jimmy Smith s/ Jimmy Smith, Chairman
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9,1916 (Ga. L. 1916, p. 232), as amended; and for other purposes.
This 18th day of February, 2001.

____________GEORGIA LAWS 2001 SESSION_________3767
Representative Buddy DeLoach District 172
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy DeLoach, who on oath deposes and says that he is the Representative from the 172nd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County on the following date: February 18, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BUDDY DELOACH Buddy DeLoach Representative, 172nd District
Sworn to and subscribed before me, this 26th day of February, 2001.

3768 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
LIBERTY COUNTY - BOARD OF EDUCATION; COMPENSATION.
No. 72 (House Bill No. 746).
AN ACT
To amend an Act creating the Board of Education of Liberty County, approved December 10, 1986 (Ga. L. 1986, p. 3452), as amended, so as to change the compensation ofthe members and chairperson ofthe board ofeducation; to provide 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 Education of Liberty County, approved December 10, 1986 (Ga. L. 1986, p. 3452), as amended, is amended by striking subsection (g) of Section 2 of said Act and inserting in its place the following:
'(g) The chairperson and members of the board of education shall receive the sum of $500.00 per month and the chairperson shall receive an additional sum of $210.00 per month.'
SECTION 2. This Act shall become effective July 1, 2001.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
RESOLUTION
Be it, and it is hereby Resolved, each member of the Board of the Liberty County Board of Education shall be paid the sum of Five Hundred ($500.00) Dollars per month and that the Chairman of the Liberty County Board of Education shall be paid an additional Two Hundred Ten ($210.00) Dollars per month for the additional duties and responsibilities of that position.
Adopted unanimously at a regularly scheduled meeting of the Liberty County

____________GEORGIA LAWS 2001 SESSION__________3769
Board of Education on September 12, 2000. Liberty County Board of Education Don Oneil s/ Secretary
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Education of Liberty County, approved December 10,1986 (Ga. L. 1986, p. 3452), as amended; and for other purposes.
This 18th day of February, 2001.
Representative Buddy DeLoach District 172
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy DeLoach, who on oath deposes and says that he is the Representative from the 172nd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County on the following date: February 18, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

3770 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BUDDY DELOACH Buddy DeLoach Representative, 172nd District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
CITY OF BYRON - CORPORATE LIMITS.
No. 73 (House Bill No. 748).
AN ACT
To amend an Act providing a new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, so as to change the corporate limits of the City of Byron; to provide 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 Byron, approved February 13,1941 (Ga. L. 1941, p. 1210), as amended, is amended by adding at the end of Section 2.1 the following:
"In addition to all other territory included in the corporate limits of the City of Byron, the City of Byron shall also include within its corporate limits the following:
(1) That portion of Randolph Walker Road with it proximal end in the present corporate limits of Byron, Georgia and in Land Lot 6 of the Fifth Land District of Peach County, extending thence due South from the intersection of White

_____________GEORGIA LAWS 2001 SESSION_________3771
Road, through Land Lots 6, 21, 7, 20, 8, 19, 9, 18, 10, 17, 16, and to its terminus in Land Lot 11 of the Fifth Land District on the Southern Boundary of the Right of Way of Georgia Highway 247 Connector. (2) That portion of Dunbar Road which has as its proximal end the Eastern Right-of-Way of Interstate Highway No. 75 and in the present corporate limits of Byron, Georgia and in Land Lots 31 and 32 of the Fifth Land District and extending due East in Land Lots 31 and 32 and Land Lots 48 and 47 of the Fifth District of Peach County having its distal end the East boundary of Houston County, Georgia; the Northern boundary being the property of United States of America (USDA Southeastern Regional Fruit and Nut Research Facility). (3) That portion of Scout Camp Road formerly known as Walton Mill Pond Road which has its proximal end the intersection of the Norfolk Southern Railroad (Formerly Southwestern Railroad) in Land Lot 22 of the Fifth Land District and in the present corporate limits ofByron, Georgia, extending thence Northerly through Land Lots 22,23,4,5, to and including the intersection with Juniper Creek Road in Land Lot 3 of the Fifth Land District. (4) That portion of White Road that has as its proximal end, its intersection within the present corporate limits of Byron, Georgia with Georgia Highway No. 49 and in Land Lot 6 of the Fifth Land District, extending thence Westerly through Land Lots 6,21, 32, 33,46 and 60 of the Fifth Land District of Peach County to the intersection of an unnamed dirt road, sometimes called Shiloh Church Road and the same being the Western County Line of Houston County, including all of the right of way of White Road lying immediately adjacent to and North of the North line of Land Lot 60 of the said Fifth District.
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
STATE OF GEORGIA PEACH COUNTY
NOTICE is hereby given that there will be introduced at the Regular 2001 Session of the General Assembly a Bill to Amend an Act creating a New Charter for the CITY OF BYRON, approved February 13,1941 (Georgia Laws 1941, Page 220), as amended and for other purposes.
The purpose of said Amendment is to annex into the corporate limits of the CITY OF BYRON certain roadways which originate in said City.
This 13th day of February, 2001.

3772 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
ROBERT RAY, STATE REPRESENTATIVE DISTRICT NUMBER 28
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who on oath deposes and says that he is the Representative from the 128th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune which is the official organ of Peach County on the following date: February 21, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_____ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ ROBERT RAY Robert Ray Representative, 128th District
Sworn to and subscribed before me, this 26th day of February, 2001.

____________GEORGIA LAWS 2001 SESSION_________3773
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CITY OF BYRON - MAYOR AND ALDERMEN; EMINENT DOMAIN.
No. 74 (House Bill No. 749).
AN ACT
To amend an Act providing a new charter for the City ofByron, approved February 13,1941 (Ga.L. 1941, p. 1210), as amended, so as to change the provisions relating to the condemnation powers of the City of Byron; 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 Byron, approved February 13,1941 (Ga. L. 1941, p. 1210), as amended, is amended by striking Section 5 7 of said Act, relating to condemnation powers, and inserting in its place the following:
"SECTION 57. Condemnation powers.
The mayor and aldermen of the City of Byron shall have full power and authority to condemn private property, either within or outside the corporate limits, for any lawful purpose, such as establishing public streets, sidewalks, parks, or playgrounds; for rights of way; for any electric light, water supply, gas or sewer lines or sewerage disposal plant; for sites for the building or enlarging ofany public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or gas system, sewerage system, including lines and disposal plant, or any other department ofsaid city and for any other public use whatsoever whenever the same is necessary in their opinion. Whenever the mayor and aldermen shall desire to exercise the power and authority to condemn property as granted and conferred in this section, said power and authority shall be exercised whether the land sought to be condemned is in the hands of the owner or a trustee, executor, administrator, guardian, or agent. All proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property.'

3774 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF BYRON, GEORGIA REQUESTING THE PEACH COUNTY DELEGATION TO THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA TO INTRODUCE LEGISLATION TO AMEND THE CHARTER OF THE CITY OF BYRON; AND FOR OTHER PURPOSES.
BE IT RESOLVED by the Mayor and Council of the City of Byron, Georgia and it is hereby so resolved by the authority of the same that the Peach County Delegation to the General Assembly of Georgia is hereby requested to introduce legislation to amend the Charter of the City of Byron by amending Section 57 so as to provide for condemnation powers outside the corporate limits of the City of Byron so that said amended Section 57 shall read as follows:
Section 57. Condemnation Powers. Be it further enacted that the mayor and aldermen of the City of Byron shall have full power and authority to condemn private property, either within or without the corporate limits for any lawful public purpose, such as establishing public streets, sidewalks, parks or playgrounds; for right-of-way, for any electric light, water supply, gas or sewer lines, or sewerage disposal plant; for sites for the building or enlarging of any public building, reservoir or structure necessary for the operation and conduct ofthe fire department, water plant, electric light and power plant, gas, works or gas system, sewerage system, including line and disposal plant, or any other department of said town and for any other public use whatsoever whenever same is necessary in their opinion; whenever the mayor and aldermen shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised whether the land sought to be condemned is in the hands of the owner or trustees, executor, administrator, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the state of Georgia for condemnation of private property.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
STATE OF GEORGIA, COUNTY OF PEACH
NOTICE is hereby given that there will be introduced at the Regular 2001 Session of the General Assembly a Bill to Amend an Act creating a New Charter for the CITY OF BYRON, approved February 13,1941, (Georgia Laws 1941, Page 220), as amended and for other purposes.

_____________GEORGIA LAWS 2001 SESSION__________3775
The Amendment will add a section to the Charter of the City granting unto the City certain Powers for Condemnation IN REM this 13th day of February, 2001.
ROBERT RAY, STATE REPRESENTATIVE DISTRICT NUMBER 128
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who on oath deposes and says that he is the Representative from the 128th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune which is the official organ of Peach County on the following date: February 21, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ ROBERT RAY Robert Ray Representative, 128th District

3776 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
CITY OF MIDWAY - MAYOR; TERM LIMITS.
No. 75 (House Bill No. 751).
AN ACT
To amend an Act providing a new charter for the City of Midway, approved February 8, 1955 (Ga. L. 1955, p. 3887), as amended, so as to provide for term limits for the office of mayor; to provide 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 Midway, approved February 8,1955 (Ga. L. 1955, p. 3887), as amended, is amended by adding a new Section 5.1 to read as follows:
"SECTION 5.1. No person who has been elected to two or more four-year terms of office as mayor shall be eligible for election to the office of mayor on or after January 2, 2002.'
SECTION 2. This Act shall become effective on January 2, 2002.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

____________GEORGIA LAWS 2001 SESSION_________3777
CITY OF MIDWAY, GEORGIA
Resolution of Mayor and Council to change City Charter as Pertains To Term of Office of Mayor
WHEREAS, the Mayor and City Council ofthe City ofMidway, Georgia. 31320, desire that, in the future, certain limits be placed upon the number of consecutive terms which may be served by an individual in the office of Mayor, and
WHEREAS, this change must be accomplished by an amendment to the City's State granted Charter,
THEREFORE, BE IT RESOLVED at this regular monthly session ofthe Mayor and Council, that our State Representative, Homer M. (Buddy) DeLoach, introduce and have passed, legislation to amend the Charter so that the Mayor shall not be eligible to succeed himself/herself after two (2) four year terms in office. This change shall be effective on January 2, 2002.
This the 11th day of December, 2000.
s/ Britt Hollingsworth - Mayor s/ Magalene A. Clancy - Mayor Pro-Tern s/ James E. Black - Councilman s/ Henry-O. Stevens - Councilman s/ Jim H. Woods - Councilman
This resolution was passed this the 11th day of December, 2000.
s/ LYNETTE G. COOK Lynette G. Cook - City Clerk (SEAL)
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Midway, approved February 8, 1955 (GA. L. 1955, p. 3887), as amended; and for other purposes.
This 15th day of February, 2001.

3778 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/ Buddy DeLoach Representative
Buddy DeLoach District 172
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy DeLoach, who on oath deposes and says that he is the Representative from the 172nd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County on the following date: February 23, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BUDDY DELOACH Buddy DeLoach Representative, 172nd District

____________GEORGIA LAWS 2001 SESSION__________3779
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CHATTAHOOCHEE COUNTY - BOARD OF EDUCATION; COMPENSATION; EXPENSES.
No. 76 (House Bill No. 752).
AN ACT
To provide for the compensation and expenses of the members of the Board of Education of Chattahoochee 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. Members of the Board of Education of Chattahoochee County shall receive a per diem of $100.00 for each day of attendance at meetings of the board and while meeting and 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, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the school superintendent. The compensation of members of the board shall be paid only from the local tax funds available to the board for educational purposes.
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 such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

3780 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 2001 session of the General Assembly of Georgia a bill to provide for the compensation and expenses of the members of the Board of Education of Chattahoochee Count}'. And for other purposes. This 16th day of Feb. 2001.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from the 158th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ of Chattahoochee County on the following date: February 17, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ GERALD GREENE Gerald Greene Representative, 15 8th District

____________GEORGIA LAWS 2001 SESSION__________3781
Sworn to and subscribed before me, this 22nd day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
GORDON COUNTY - CORONER; DEPUTY CORONERS; APPOINTMENT; COMPENSATION.
No. 77 (House Bill No. 755).
AN ACT
To amend an Act entitled "An Act to provide for the compensation of the coroner of Gordon County," approved March 25, 1986 (Ga. L. 1986, p. 4718), so as to change the compensation of the coroner; to provide for the appointment of two deputy coroners and for their salaries; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to provide for the compensation ofthe coroner ofGordon County," approved March 25, 1986 (Ga. L. 1986, p. 4718), is amended by striking Sections 1 and 2 and inserting in lieu thereof the following:
"SECTION 1. The coroner of Gordon County shall be compensated in the amount of $ 1,000.00 per month. Such compensation shall be paid from the funds of Gordon County and shall be in lieu of all fees, costs, commissions, allowances, moneys, and all other emoluments and perquisites of whatever kind which shall be allowed the coroners of the various counties of this state. All such fees, costs, commissions, allowances, moneys, and other emoluments and perquisites of whatever kind shall be paid into the county treasury at least once each month.
SECTION 2. The coroner of Gordon County may appoint two deputy coroners to serve at the pleasure of the coroner, to be replaced at his or her order; and to appoint additional deputy coroners to serve only in the event of mass fatalities. The

3782 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
deputy coroners for said county shall receive their compensation as provided by state law."
SECTION 2. This Act shall become effective on January 1, 2002.
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 2001 Session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to provide for the compensation of the coroner of Gordon County," approved March 25,1986 (Ga. L. 1986, p. 4718); and for other purposes.
This 19 day of February, 2001.
/s/ Tom E. Shanahan Honorable Tom Shanahan Representative, District 10
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Shanahan, who on oath deposes and says that he is the Representative from the 10th District and further deposes and says as follows:
(1) That the attached 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: February 21, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

____________GEORGIA LAWS 2001 SESSION__________3783
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TOM SHANAHAN Tom Shanahan Representative, 10th District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
HENRY COUNTY - STATE COURT; CLERK; APPOINTMENT; COMPENSATION; DUTIES; DEPUTY CLERKS.
No. 78 (House Bill No. 758).
AN ACT
To amend an Act creating the State Court of Henry County, approved March 27, 1998, as amended, so as to change the provisions relating to the clerk of the state court; to provide for the appointment, compensation, powers, and duties of the clerk; to provide for powers of the deputy clerks; to provide for related matters; to repeal provisions relating to the service of the clerk of the superior court as clerk of state court and additional compensation related to such service; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3784 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 1. An Act creating the State Court of Henry County, approved March 27, 1998, as amended, is amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows:
'SECTION 13. (a) There is created the office of clerk of the State Court of Henry County. The clerk shall be appointed by the chief judge of the State Court of Henry County and shall serve at the pleasure of such chiefjudge. The salary ofthe clerk shall be set from time to time by action of the Board of Commissioners of Henry County. Such clerk, or any deputy clerk thereof, shall have authority to sign and issue all summons and to file all papers, actions, processes, executions, garnishment proceedings, statutory awards, proceedings against tenants holding over, trover and bail, distress warrants and issues thereon, foreclosures of all liens on personal property, and other like proceedings and processes, and to make all necessary records and entries on the docket, and to perform such duties as may be required by the chief judge of said court, including the power to administer oaths and take affidavits and counteraffidavits to any proceedings from said court. The clerk of the state court shall be an ex officio deputy sheriff. (b) The sheriff of Henry County shall be the sheriff of the state court. (c) The number and salaries of support staff for the clerk of the state court and any additional support staff for the sheriff of Henry County required to serve the State Court of Henry County shall be determined and set by the Board of Commissioners of Henry County."
SECTION 2. Said Act is further amended by striking Section 14 in its entirety and inserting in lieu thereof a new Section 14 to read as follows:
'SECTION 14. The governing authority of Henry County is authorized to supplement the salary of the sheriff in an amount it deems appropriate for that officer's services to the State Court of Henry County."
SECTION 3.
This Act shall become effective July 1, 2001.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
A RESOLUTION REQUESTING LOCAL LEGISLATION AUTHORIZING AND CREATING THE OFFICE OF CLERK OF THE STATE COURT OF HENRY COUNTY
WHEREAS, the General Assembly of the State of Georgia, by Act approved

_____________GEORGIA LAWS 2001 SESSION__________3785
March 27, 1998 (Ga. Laws 1998, p. 3954), created the State Court of Henry County, and in said Act provided that the Clerk of the Superior Court of Henry County shall serve as the Clerk of said State Court; and
WHEREAS, the Judge of the State Court of Henry County has requested that a new position and office, to be known as the Clerk of the State Court of Henry County, be created and authorized so as to provide for a clerk and staff to service the State Court separate and distinct from the Clerk of Superior Court; and
WHEREAS, the Board of Commissioners of Henry County has determined that such a position and office is necessary and desirable in order to provide for the efficient delivery of services by the State Court of Henry County.
NOW, THEREFORE, be it resolved by the Board of Commissioners of Henry County, and it is hereby resolved by the authority thereof, as follows:

The Members ofthe General Assembly representing Henry County are requested to introduce and seek passage of legislation creating the office of the Clerk of the State Court of Henry County, pursuant to a bill in substantial compliance with the document attached hereto as Exhibit A.

SO RESOLVED, this 5th day of February, 2001.

BOARD OF COMMISSIONERS OF HENRY COUNTY:

ATTEST: Susan B. Craig s/ SUSAN B. CRAIG COUNTY CLERK

s/ Leland Maddox CHAIRMAN s/ Jason T. Harper COMMISSIONER s/ Gary M. Freedman COMMISSIONER s/ Phil Crosby COMMISSIONER s/ Warren E. Holder COMMISSIONER s/ Nita M. Spraggins COMMISSIONER

3786 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
Notice of Intent to Introduce Local Legislation
Notice is hereby given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Henry County, approved March 27, 1998, as amended, so as to change the provisions relating to the clerk of the state court; to provide for the appointment, compensation, powers, and duties of the clerk; to provide for powers of the deputy clerks; to provide for related matters; to repeal provisions relating to the service of the clerk of the superior court as clerk of state court and additional compensation related to such service; to provide for an effective date; to repeal conflicting laws; and for other purposes.
This 15th day of February, 2001.
Steve Cash State Representative, District 108
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Cash, who on oath deposes and says that he is the Representative from the 108th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Henry County Record which is the official organ of Henry County on the following date: February 22, 2001 .
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

_____________GEORGIA LAWS 2001 SESSION__________3787
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ STEVE CASH Steve Cash Representative, 108th District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CITY OF JASPER - CORPORATE LIMITS.
No. 79 (House Bill No. 778).
AN ACT
To amend an Act providing a new charter for the City of Jasper in Pickens County, approved March 2,1983 (Ga. L. 1983, p. 3534), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4819), so as to change the corporate boundaries; 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 Jasper in Pickens County, approved March 2,1983 (Ga. L. 1983, p. 3534), as amended, particularly by an Act approved April 5,1994 (Ga. L. 1994, p. 4819), is amended by adding a new subsection (f) to Section 1.11 to read as follows:
*(f) In addition to any other property within the corporate limits of the City of Jasper, those corporate limits shall include the following described property being more particularly described as follows:

3788 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TRACT NO. 1 All that tract or parcel of land lying and being in Original Land Lots No. 50, 51, 57, 58, 88, 89, 92, 93, 125, 127, 128, 161, 162, 163 and 164 of the 13th District and Land Lots No. 153 and 190 of the 4th District and 2nd Section of Pickens County, Georgia and being more particularly described as follows:
BEGIN at a point on the Western right-of-way of APD 515 (State Route 5) at the intersection of APD 515 & County Road 225 at the existing City Limits of the City of Jasper; thence North 42 Degrees 09 Minutes 36 Seconds East a distance of 473.53 feet to a right-of-way marker at the Eastern right-of-way of APD 515; thence the following courses and distances along the Eastern right-of-way of APD 515 as follows: thence North 34 Degrees 43 Minutes 26 Seconds East a distance of 288.59; thence South 55 Degrees 22 Minutes 14 Seconds East a distance of 90.00 feet; thence South 31 Degrees 51 Minutes 01 Seconds West a Distance of 300.37 feet; thence South 05 Degrees 53 Minutes 30 Seconds East a distance of 219.72 feet; thence South 49 Degrees 42 Minutes 17 Seconds East a distance of 290.86 feet; thence South 36 Degrees 43 Minutes 34 Seconds East a distance of 125.91 feet; thence South 53 Degrees 43 Minutes 44 Seconds East a distance of 66.32 feet; thence South 38 Degrees 47 Minutes 05 Seconds East a distance of 275.63 feet; thence South 43 Degrees 59 Minutes 13 Seconds East a distance of 490.49 feet; thence South 44 Degrees 22 Minutes 00 Seconds East a distance of 642.52 feet; thence South 38 Degrees 53 Minutes 45 Seconds East a distance of 237.01 feet; thence South 40 Degrees 43 Minutes 54 Seconds East a distance of 767.16 feet; thence South 79 Degrees 23 Minutes 29 Seconds East a distance of 96.05 feet; thence South 34 Degrees 23 Minutes 29 Seconds East a distance of 226.38 feet; thence South 40 Degrees 43 Minutes 54 Seconds East a distance of 385.00 feet; thence South 23 Degrees 48 Minutes 06 Seconds East a distance of 122.21 feet; thence South 38 Degrees 24 Minutes 24 Seconds East (chord of arc with radius 11649.16 feet) a distance of 711.61 feet; thence South 57 Degrees 51 Minutes 05 Seconds East a distance of 109.41 feet; thence South 14 Degrees 27 Minutes 42 Seconds East a distance of 109.41 feet; thence South 32 Degrees 14 Minutes 49 Seconds East (chord of arc with radius 11649.16 feet) a distance of 1386.44 feet; thence South 88 Degrees 29 minutes 18 Seconds East a distance of 43.23 feet; thence South 21 Degrees 04 Minutes 21 Seconds East a distance of 220.45 feet; thence South 25 Degrees 09 Minutes 24 Seconds East (chord of arc with radius 11659.16 feet) a distance of 1017.45 feet; thence South 11 Degrees 24 Minutes 22 Seconds East a distance of 51.82 feet; thence South 22 Degrees 09 Minutes 24 Seconds East (chord of arc with radius 11649.16 feet) a distance of 101.66 feet; thence South 32 Degrees 54 Minutes 25 Seconds East a distance of 51.82 feet; thence South 19 Degrees 59 Minutes 35 Seconds East (chord of arc with radius 11659.16 feet) a distance of 677.05 feet; thence South 18 Degrees 19 Minutes 46 Seconds East a distance of 434.56 feet; thence South 74 Degrees 11 Minutes 16 Seconds East a distance of 151.20 feet; thence

__________GEORGIA LAWS 2001 SESSION__________3789
South 47 Degrees 56 Minutes 10 Seconds East a distance of 232.19 feet; thence South 39 Degrees 31 Minutes 18 Seconds West a distance of 156.48 feet; thence South 00 Degrees 33 Minutes 31 Seconds West a distance of 362.56 feet; thence South 18 Degrees 19 Minutes 46 Seconds East a distance of 1886.96 feet; thence South 53 Degrees 19 Minutes 17 Seconds East a distance of 61.03 feet; thence North 71 Degrees 40 Minutes 14 Seconds East a distance of 70.00 feet; thence South 18 Degrees 19 Minutes 46 Seconds East a distance of 100.00 feet; thence South 71 Degrees 40 Minutes 14 Seconds West a distance of 70.00 feet; thence South 16 Degrees 39 Minutes 45 Seconds West a distance of 61.03 feet; thence South 18 Degrees 19 Minutes 46 Seconds East a distance of 200.00 feet; thence South 24 Degrees 02 Minutes 24 Seconds East a distance of 100.50 feet; thence South 18 Degrees 19 Minutes 46 Seconds East a distance of 5 i 5.54 feet; thence South 11 Degrees 34 Minutes 38 Seconds East a distance of 85.05 feet; thence South 18 Degrees 19 Minutes 46 Seconds East a distance of 1000.00 feet; thence South 43 Degrees 17 Minutes 59 Seconds East a distance of 76 36 feet; thence North 73 Degrees 38 Minutes 54 Seconds East a distance of 110.40 feet; thence South 89 Degrees 52 Minutes 32 Seconds East a distance of 46.05 feet; thence South 45 Degrees 40 Minutes 04 Seconds West a distance of 87.99 feet; thence South 46 Degrees 43 Minutes 38 Seconds West a distance of 86.84 feet; thence South 09 Degrees 51 Minutes 15 Seconds West a distance of 50.48 feet; thence South 20 Degrees 53 Minutes 42 Seconds East a distance of 54.23 feet; thence South 01 Degrees 56 Minutes 23 Seconds East a distance of 76.22 feet; thence South 33 Degrees 56 Minutes 49 Seconds East a distance of 50.09 feet; thence South 38 Degrees 31 Minutes 19 Seconds East a distance of 50.01 feet; thence South 41 Degrees 57 Minutes 30 Seconds East a distance of 63.76 feet; thence South 22 Degrees 21 Minutes 24 Seconds East a distance of 99.46 feet; thence South 43 Degrees 18 Minutes 15 Seconds West a distance of 65.95 feet; thence South 26 Degrees 54 Minutes 17 Seconds East a distance of 96.57 feet; thence South 18 Degrees 19 Minutes 46 Seconds East a distance of 1500.00 feet; thence South 30 Degrees 24 Minutes 54 Seconds East a distance of 167.17 feet; thence South 28 Degrees 46 Minutes 29 Seconds East (chord of arc with radius 5504.58 feet) a distance of 2007.02 feet; thence South 39 Degrees 13 Minutes 12 Seconds East a distance of 147.48 feet; thence South 25 Degrees 11 Minutes 02 Seconds East a distance of 103.08 feet; thence South 39 Degrees 13 Minutes 12 Seconds East a distance of 500.00 feet; thence North 47 Degrees 27 Minutes 07 Seconds East a distance of 162.01 feet; thence North 35 Degrees 53 Minutes 08 Seconds East a distance of 600.00 feet; thence South 54 Degrees 06 Minutes 52 Seconds East a distance of 200.00 feet; thence South 35 Degrees 53 Minutes 08 Seconds West a distance of 600.00 feet; thence South 10 Degrees 43 Minutes 48 Seconds West a distance of 180.47 feet; thence South 39 Degrees 13 Minutes 12 Seconds East a distance of 200.00 feet; thence South 28 Degrees 36 Minutes 04 Seconds East a distance of 406.97 feet; thence

3790 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
South 39 Degrees 13 Minutes 12 Seconds East a distance of 2000.00 feet; thence South 39 Degrees 13 Minutes 12 Seconds East a distance of 1800.00 feet; thence South 48 Degrees 40 Minutes 59 Seconds East a distance of 3 04.14 feet; thence South 3 9 Degrees 13 Minutes 12 Seconds East a distance of 35.00 feet to a point at the center line of a culvert of Polecat Branch; thence South 39 Degrees 01 Minutes 44 Seconds West a distance of 485,18 feet to a point; thence the following courses and distances along the Western right-of-way of APD 515 as follows: thence North 39 Degrees 13 Minutes 12 Seconds West a distance of 1133.81 feet; thence North 32 Degrees 05 Minutes 36 Seconds West a distance of 201.56 feet; thence North 39 Degrees 13 Minutes 12 Seconds West a distance of 900.00 feet; thence South 68 Degrees 56 Minutes 27 Seconds West a distance of 149.99 feet; thence South 60 Degrees 19 Minutes 54 Seconds West a distance of 220.86 feet; thence North 51 Degrees 15 Minutes 18 Seconds West a distance of 59.85 feet; thence North 40 Degrees 23 Minutes 44 Seconds East a distance of 228.50 feet; thence North 01 Degrees 47 Minutes 18 Seconds East a distance of 48.55 feet; thence North 00 Degrees 13 Minutes 47 Seconds West a distance of 184.65 feet; thence North 39 Degrees 13 Minutes 12 Seconds West a distance of 1836.72 feet; thence North 51 Degrees 15 Minutes 34 Seconds West a distance of 119.85 feet; thence North 39 Degrees 13 Minutes 12 Seconds West a distance of 182.79 feet at the intersection with State Road 108; thence North 84 Degrees 13 Minutes 46 Seconds a distance of 78.08 feet; thence South 46 Degrees 57 Minutes 32 Seconds West (chord of arc with radius 2964.74 feet) a distance of 414.67 feet; thence South 77 Degrees 57 minutes 17 Seconds West a distance of 114.14 feet; thence North 06 Degrees 58 Minutes 57 Seconds East a distance of 141.41 feet; thence North 39 Degrees 01 Minutes 14 Seconds West a distance of 50.00 feet; thence North 46 Degrees 57 Minutes 32 Seconds along the arc of a curve (chord of arc with radius 2764.74 feet) a distance of 386.74 feet; thence North 08 Degrees 47 Minutes 01 Seconds East a distance of 144.46 feet; thence North 39 Degrees 13 Minutes 12 Seconds West a distance of 797.48 feet; thence North 34 Degrees 00 Minutes 03 Seconds West a distance of 457.81 feet; thence North 40 Degrees 04 Minutes 12 Seconds West a distance of 217.95 feet; thence North 27 Degrees 41 Minutes 41 Seconds West (chord of arc with radius 5929.58 feet) a distance of 1033.91 feet; thence North 28 Degrees 34 Minutes 00 Seconds West a distance of 208.91 feet; thence North 19 Degrees 30 Minutes 44 Seconds West a distance of 245.81 feet; thence North 09 Degrees 38 Minutes 02 Seconds West a distance of 165.36 feet; thence North 18 Degrees 19 Minutes 46 Seconds West a distance of 2000.00 feet; thence North 12 Degrees 31 Minutes 39 Seconds West a distance of 97.28 feet; thence North 23 Degrees 46 Minutes 19 Seconds West 103.69 feet; thence North 18 Degrees 19 Minutes 46 Seconds West a distance of 400.00 feet; thence South 82 Degrees 15 Minutes 37 Seconds West a distance of 64.75 feet; thence South 21 Degrees 22 Minutes 54 Seconds West (chord of arc with

_________GEORGIA LAWS 2001 SESSION__________3791
radius 283.10 feet) a distance of 101.28 feet; thence South 20 Degrees 42 Minutes 49 Second West a distance of 150.17 feet; thence North 78 Degrees 52 Minutes 11 Seconds West a distance of 100.00 feet; thence North 15 Degrees 47 Minutes 12 Seconds East a distance of211.65 feet; thence North 15 Degrees 02 Minutes 43 Seconds East a distance of 120.39 feet; thence North 07 Degrees 32 Minutes 08 Seconds East a distance of 285.93 feet; thence North 18 Degrees 19 Minutes 46 Seconds West a distance of 3400.00 feet; thence North 81 Degrees 08 Minutes 19 Seconds West a distance of 110.36 feet; thence South 44 Degrees 26 Minutes 51 Seconds West a distance of 128.34 feet; thence South 40 Degrees 13 Minutes 49 Seconds West (chord ofarc with radius 1004.95feet) a distance of228.60 feet; thence North 43 Degrees 45 Minutes 11 Seconds West a distance of 125.00 feet; thence North 40 Degrees 18 Minutes 17 Seconds East (chord of arc with radius 879.96 feet) a distance of 200.18 feet; thence North 24 Degrees 46 Minutes 09 Seconds East a distance of 170.23 feet; thence North 20 Degrees 17 Minutes 47 Seconds East a distance of 238.21 feet; thence North 18 Degrees 19 Minutes 46 Seconds West a distance of 534.56 feet; thence North 21 Degrees 29 Minutes 35 Seconds West (chord of arc with radius 11234.16 feet) a distance of 1240.59 feet; thence North 05 Degrees 17 Minutes 17 Seconds West a distance of 104.24 feet; thence North 27 Degrees 39 Minutes 24 Seconds West (chord of arc with radius 11269.16 feet) a distance of 983.42 feet; thence North 50 Degrees 01 Minutes 31 Seconds West a distance of 104.24 feet; thence North 11 Degrees 17 Minutes 16 Seconds West a distance of 104.24 feet; thence North 35 Degrees 16 Minutes 54 Seconds West (chord of arc with radius 11269.16 feet) a distance of 1622.64 feet; thence South 50 Degrees 35 Minutes 36 Seconds West a distance of35.00 feet; thence North 40 Degrees 04 Minutes 09 Seconds West (chord of arc with radius 11234.16 feet) a distance of 259.80 feet; thence North 40 Degrees 43 Minutes 54 Seconds West a distance of 385.00 feet; thence North 49 Degrees 16 Minutes 06 Seconds East a distance of 35.00 feet; thence North 40 Degrees 43 Minutes 54 Seconds West a distance of 814.25 feet; thence North 70 Degrees 58 Minutes 40 Seconds West a distance of 99.26 feet; thence North 40 Degrees 43 Minutes 54 Seconds West a distance of 167.16 feet; thence North 36 Degrees 51 Minutes 04 Seconds West a distance of 854.44 feet; thence North 49 Degrees 56 Minutes 27 Seconds West a distance of 469.93 feet; thence North 35 Degrees 12 Minutes 07 Seconds West a distance of 233.68 feet; thence North 49 Degrees 30 Minutes 54 Seconds West a distance of 97.85 feet; thence North 85 Degrees 06 Minutes 49 Seconds West a distance of 69.57 feet; thence North 48 Degrees 10 Minutes 48 Seconds West a distance of 60.04 feet; thence North 34 Degrees 40 Minutes 57 Seconds West a distance of281.16 feet to intersection with Salem Road; thence North 77 Degrees 02 Minutes 08 Seconds West a distance of 160.77 feet; thence South 34 Degrees 34 Minutes 49 Seconds West a distance of 149.99 feet; thence South 65 Degrees 35 Minutes 36 Seconds West a distance of 58.31

3792 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
feet; thence North 55 Degrees 22 Minutes 14 Seconds West a distance of 60.00 feet; thence North 03 Degrees 39 Minutes 56 Seconds East a distance of 58.31 feet; thence North 28 Degrees 22 Minutes 05 Seconds East a distance of 293.63 feet to the POINT OF BEGINNING.'
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 2001 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Jasper in Pickens County, approved March 2, 1983 (Ga. L. 1983, p. 3534), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4819), so as to change the corporate boundaries; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 15th day of February 2001.
GARLAND F. PINHOLSTER State Rep., District 15
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Garland Pinholster, who on oath deposes and says that he is the Representative from the 15th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress which is the official organ of Pickens County on the following date: February 22, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

__________GEORGIA LAWS 2001 SESSION_________3793
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
X The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ GARLAND PINHOLSTER Garland Pinholster Representative, 15th District
Sworn to and subscribed before me, this 27th day of February, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13, 2001.
CITY OF WOODSTOCK - HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.
No. 80 (House Bill No. 761).
AN ACT
To provide a homestead exemption from all City of Woodstock ad valorem taxes for city purposes for the full value of the homestead after a two-year phase-in period for certain residents of that city who are 62 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3794 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. 11_____
SECTION 1. (a) For purposes of this Act, the term:
(1) "Ad valorem taxes for city purposes" means all ad valorem taxes for city purposes levied by, for, or on behalf of the City of Woodstock, including, but not limited to, taxes to retire bonded indebtedness, (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Senior citizen" means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b)(l) Each resident of the City of Woodstock who is a senior citizen is granted an exemption on that person's homestead from all City of Woodstock ad valorem taxes for city purposes on the homestead owned and occupied by such resident as a residence as follows:
(A) For the taxable year beginning on or after January 1,2002, and prior to January 1, 2003, in the amount of one-half of the full value of that homestead; (B) For all taxable years beginning on or after January 1, 2003, for the full value of that homestead. (2) The value of that property in excess of such exempted amount under subparagraph (A) of paragraph (1) of this subsection shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an affidavit with the governing authority of the City of Woodstock or the designee thereof giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Woodstock or the designee thereof to make a determination as to whether such person is entitled to such exemption. The governing authority of the City of Woodstock or the designee thereof shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the applicant occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (c) of this section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the governing authority of the City of Woodstock or the designee thereof in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by this Act shall not apply to or affect any state taxes, county taxes, or county school district taxes for educational purposes. The homestead exemption granted by this Act shall be in addition to, and not in lieu of,

__________GEORGIA LAWS 2001 SESSION__________3795
any other homestead exemption applicable to City of Woodstock ad valorem taxes for city purposes. (f) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1,2002.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Woodstock shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Woodstock for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. The municipal 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 Cherokee County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from City of Woodstock ad valorem taxes for city purposes for the
NO ( ) full value of the homestead after a two-year phase-in period for residents of that city who are 62 years of age or older?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 2002. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Woodstock. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 2001 session of the General Assembly of Georgia a bill to provide a homestead exemption from all City of Woodstock ad valorem taxes for city purposes for the full value of the homestead

3796 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
after two-year phase-in period for certain residents of that city who are 62 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 2 day of February, 200
Representative Charles F. Scheid III 17th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles F. Scheid III, who on oath deposes and says that he is the Representative from the 17th District and further deposes and says as follows:
(1) That the attached 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 18, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

____________GEORGIA LAWS 2001 SESSION__________3797
s/ CHARLES F. SCHEID, III Charles F. Scheid III Representative, 17th District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
CATOOSA COUNTY - SHERIFF; VACANCIES.
No. 81 (House Bill No. 762). AN ACT
To provide for the filling of vacancies in the office of sheriff of Catoosa County; 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) In the event of a vacancy in the office of sheriff of Catoosa County, the chief deputy sheriff of Catoosa County shall act as sheriff until the vacancy can be filled in accordance with the provisions of subsection (b) of this section. If there is no chief deputy sheriff at the time of such vacancy, the judge of the probate court of Catoosa County, within five working days after the date such vacancy occurs, shall appoint a law enforcement officer of the county who is a Georgia Peace Officer Standards and Training Council certified peace officer to act as sheriff until the vacancy can be filled in accordance with subsection (b) of this section. If the judge of the probate court fails to appoint a person to act as sheriff within five working days after the date the vacancy occurs, then the Governor shall appoint a law enforcement officer of the county who is a Georgia Peace Officer Standards and Training Council certified peace officer to act as sheriff until the vacancy can be filled in accordance with subsection (b) ofthis section. The sheriffofany adjoining county is authorized to act as sheriff until the judge of the probate court or the Governor makes the appointment provided for in this Act. (b) If at the time the vacancy occurs there are more than six months remaining in the unexpired term of office, the vacancy shall be filled for the remainder of the unexpired term at a special election to be called by the county election

3798 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
superintendent; and the person acting as sheriffunder subsection (a) ofthis section shall act until a successor is so elected for the remainder of the unexpired term. If at the time the vacancy occurs there are six months or less remaining in the unexpired term of office, the person acting as sheriff under subsection (a) of this section shall serve for the remainder of the unexpired term of office.
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 2001 session of the General Assembly ofGeorgia a bill to provide for the filling ofvacancies in the office of sheriff of Catoosa County; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 14th day of February, 2001.
Ronald L. Forster State Representative, District 3
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronald L. Forster, who on oath deposes and says that he is the Representative from the 3rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on the following date: February 21, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy ofthe notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

____________GEORGIA LAWS 2001 SESSION__________3799
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ RONALD L. FORSTER Ronald L. Forster Representative, 3rd District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
CHEROKEE COUNTY - MAGISTRATE COURT; LAW LIBRARY FEES.
No. 82 (House Bill No. 769). AN ACT
To provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Cherokee County; to provide for related matters; 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. Pursuant to the authority of Code Section 15-10-86 and Chapter 15 of Title 36 of the O.C.G.A., law library fees shall be charged and collected in each action or case in the Magistrate Court of Cherokee County. The amount of such fees shall be fixed by the chiefjudge of the Superior Court of Cherokee County as provided for in Code Section 36-15-9 ofthe O.C.G.A. Such fees shall be in addition to all other legal costs.

3800 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide that the county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Cherokee County, to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
This 22nd day of February, 2001
Charles F. Scheid, III State Representative, District 17
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles F. Scheid III, who on oath deposes and says that he is the Representative from the 17th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee County Tribune which is the official organ of Cherokee County on the following date: February 25, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 2,8-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

____________GEORGIA LAWS 2001 SESSION__________3801
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ CHARLES F. SCHEID, III Charles F. Scheid, III Representative, 17th District
Sworn to and subscribed before me, this 27th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
CHEROKEE COUNTY - SHERIFF; VACANCIES.
No. 83 (House Bill No. 768).
AN ACT
To provide for the filling of vacancies in the office of sheriff of Cherokee County; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. In the event the office of sheriff of Cherokee County becomes vacant by death, resignation, or otherwise, the vacancy shall be filled until the next general election by the chief deputy sheriff of Cherokee County 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 Cherokee County.

3802 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 2001 session of the General Assembly of Georgia a bill to provide for the filling of vacancies in the office of sheriff of Cherokee County; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 22nd day of February, 2001.
Charles F. Scheid, III State Representative, District 17
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles F. Scheid,III, who on oath deposes and says that he is the Representative from the 17th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee County Tribune which is the official organ of Cherokee County on the following date: February 25, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

_____________GEORGIA LAWS 2001 SESSION_____

3803

___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

s/CHARLES F. SCHEID, III Charles F. Scheid, III Representative, 17th District

Sworn to and subscribed before me, this 27th day of February, 2001.

s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)

Approved April 13, 2001.

CHEROKEE COUNTY - CHEROKEE COUNTY LOCAL GOVERNMENT STUDY COMMISSION; CREATION.
No. 84 (House Bill No. 770).
AN ACT
Creating the Cherokee County Local Government and Education Study Commission; to provide for the appointment of members; to provide for meetings and operations; to provide for powers, duties, and authority of the commission; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) There is created the Cherokee County Local Government and Education Study Commission to be composed of 11 members as follows: five members who shall be appointed one each by each member of the governing authority of Cherokee County and six members who shall be appointed one each by each member of the General Assembly representing Cherokee County in the General Assembly. (b) No member of the General Assembly and no member of the governing authority of Cherokee County shall be eligible to serve as a member of the commission.

3804 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) All appointments shall be made not later than June 1, 2001, and notice thereof shall be provided in writing to the chairperson of the Cherokee County legislative delegation. (d) The chairperson of the Cherokee County legislative delegation shall call the first meeting. The members of the commission shall appoint a chairperson of the commission from among their members and such chairperson shall call all future meetings. (e) The commission shall conduct not less than three public hearings: one in the northern portion of the county; one in the central portion of the county; and one in the southern portion of the county.
SECTION 2. (a) The commission shall undertake a study of:
(1) The salaries of the members of the board of education of Cherokee County; (2) The salaries of the members of the board of commissioners of Cherokee County; and (3) The election process and commissioner district composition of the members of the board of commissioners of Cherokee County. (b) The commission shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 1, 2001. (c) The members of the commission shall receive no compensation or expenses for their services.
SECTION 3. This Act shall stand repealed in its entirety on December 1, 2001.
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 2001 session of the General Assembly of Georgia a bill creating the Cherokee County Local Government and Education Study Commission; to provide for the appointment of members, to provide for meetings and operations; to provide for powers, duties, and authority of the commission; to provide for automatic repeal; and for other purposes.
This 20th day of February, 2001.
Rep. Charles F. Scheid III 17th District

____________GEORGIA LAWS 2001 SESSION__________3805
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles F. Scheid III, who on oath deposes and says that he is the Representative from the 17th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee County Tribune which is the official organ of Cherokee County on the following date: February 23, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 2 8-1 -14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 2 8-1 -14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ CHARLES F. SCHEID, III Charles F. Scheid, III Representative, 17th District
Sworn to and subscribed before me, this 27th day of February, 2001.

3806 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
CITY OF CARLTON - NEW CHARTER.
No. 85 (House Bill No. 779).
AN ACT
To provide a new charter for the City of Carlton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to thosejudges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

_____________GEORGIA LAWS 2001 SESSION__________3807
ARTICLE 1 INCORPORATION AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style Carlton, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of this city shall be those existing on the earliest effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map of the corporate limits of the City of Carlton, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (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. Example of powers.
The powers of the city shall include, but not be limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air, and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of

3808 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (5) Business regulation and taxation. To levy and to provide for collection of license fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city 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; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to

___________GEORGIA LAWS 2001 SESSION__________3809
provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to 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; (13) Health and sanitation. To prescribe standards ofhealth and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) 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, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and

3810 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, public grounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, other public utilities, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G. A. or such other applicable laws as are now or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so;

__________GEORGIA LAWS 2001 SESSION__________3811
(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fijlly stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws ofthe State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to

3812 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; 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 councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter.
SECTION2.il. City council; terms and qualifications 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 councilmember unless they shall have been a resident of the city for six months immediately prior to the date of the election of mayor or members of the city council. Each official shall continue to reside in the city during his or her period of service and continue to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; filling of vacancies; suspensions.
(a) Vacancies The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, removal of residence from city, missing four consecutive city council meetings without leave from council, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) Suspension Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If

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the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Holding other offices.
(a) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which he or she was elected. (b) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which he or she is personally interested.
SECTION 2.15. Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.
SECTION 2.16. General power and authority of the city council.
Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city as provided by Article I.
SECTION 2.17. Eminent domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, cable television systems, gas systems, airports, hospitals, and charitable educational, recreational, sport curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or

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outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meeting; oath of office.
The city council shall hold an organizational meeting on the first Monday in January, 2002, and biennially thereafter. 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) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) 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 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 shall be 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 meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember 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 councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible 24 hours prior to such meetings.
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 of a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

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SECTION 2.21. Quorum; voting.
The mayor and three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 2.22. Ordinance form; procedures.
(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Carlton hereby ordains..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 2.23. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.24. Emergencies.
To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an

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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 councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
SECTION 2.25. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Carlton, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at

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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 reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.27 Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of two years and until the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city immediately preceding the mayor's election. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit the mayor's office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.28. Chief executive officer.
The mayor shall be the chief executive officer of this city. The mayor shall possess all of the executive and administrative power 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) Appoint and remove all officers, department heads, and employees of the city, except as otherwise provided in this charter; (2) See that all laws and ordinances of the city are faithfully executed; (3) Exercise supervision over all executive and administrative work ofthe city and provide for the coordination of administrative activities; (4) Prepare and submit to the city council a recommended operating budget and recommended capital budget; (5) Provide for an annual audit of all accounts of the city; (6) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (7) Call special meetings of the city council as provided in subsection (b) of Section 2.19 of this charter; (8) Require any department or agency of the city to submit written reports

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whenever he or she deems it expedient; (9) Perform such other duties as may be required by law, this charter, or by ordinance; (10) Approve or disapprove ordinances as provided in Section 2.30 of this charter; and (11) Submit to the city council at least once a year a statement covering the financial conditions of the city and, from time to time, such other information as the city council may require.
SECTION 2.30. Submission of ordinances to the mayor; veto power.
(a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within three calendar days of receipt of an ordinance, shall return it to the clerk with or without his or her approval or with his or her disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the third calendar day after its adoption. If the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of his or her reasons for his or her veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of four members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in subsection (c) of this section. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) of this section.
SECTION 2.31. Mayor pro tempore; selection; duties.
By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's disability or absence. The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all councilmembers.

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ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions ofemployment, departments, and agencies ofthe city as necessary for the proper administration of the affairs and government of this city and provide professional qualifications. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers ofthe city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of their department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation or appointment by the city council. The mayor may suspend or remove directors under his or her supervision but such action shall not be effective for seven calendar days following the mayor giving written notice of such action and the reasons therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers.
SECTION3.il. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by 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 in this charter for original appointment,

3820 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office, such oath shall be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of such person's position as city attorney.
SECTION 3.13. City clerk.
The city council may appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; 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 may appoint a financial officer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city, and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes. The

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financial officer shall also be responsible for the general duties of a treasurer and fiscal officer.
SECTION 3.15. City accountant.
The city council shall appoint a city accountant to perform the duties of an accountant.
SECTION 3.16. Position classification and pay plans.
The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes ofthis section, all elected and appointed city officials are not city employees.
SECTION 3.17. Personnel policies.
The city council shall adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) such dismissal hearings as due process may require; and (5) such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the City of Carlton.
SECTION4.il. Chiefjudge; associate judge.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or standby judges as shall be provided by ordinance. The method of

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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 that person shall have attained the age of 25 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $ 1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now, or hereafter provided by law. (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 such 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 that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant

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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 ofthe 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 same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city, (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Madison County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.

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ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability ot general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION5.il. Election of the city council and mayor.
On the first Tuesday following the first Monday in November, 2001, and on that day biennially thereafter, there shall be an election for the mayor and city council. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter.
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 designations.
SECTION 5.13. Election by plurality.
The person receiving a plurality ofthe votes cast for any city office shall be elected.
SECTION 5.14. Special elections; vacancies.
In the event that the office ofmayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs with less than one year remaining before the expiration of the term, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options

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and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.16. Removal of officers.
The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office as follows:
(1) By an order of the Superior Court of Madison County following a hearing on a complaint seeking such removal brought by any resident of the City of Carlton; (2) By recall pursuant to general law; and (3) Pursuant to the terms of other laws.
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, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION6.il. Millage rate; due dates; payment methods.
The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by 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

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classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
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 preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. 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 this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

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SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. Ifunpaid, such charges shall be collected as provided in Section 6.18 ofthis charter.
SECTION 6.17. Construction; other taxes.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution offi. fas.; creation and priority ofliens; 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; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time such 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.

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SECTION 6.21. Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by 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.
SECTION 6.23. Preparation of budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
SECTION 6.24. Submission of operating budget to city council.
On or before a date fixed by the city council but not later than 90 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.25. Action by city council on budget.
(a) The councilmembers may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the first Monday in November each year. If the

_____________GEORGIA LAWS 2001 SESSION__________3829
city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter, (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.26. Tax levies.
Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.27. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.28. Capital improvements budget.
(a) On or before the date fixed by the city council, but not later than 90 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter.

3830 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.29. Independent audits.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.30. Contracting procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter.
SECTION 6.31. Centralized purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.32. Sale of city property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the

_____________GEORGIA LAWS 2001 SESSION__________3831
interest of the city has no readily ascertainable monetary value, (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. 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. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION7.il. Prior ordinances.
All ordinances, resolutions, 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. First election under this charter.
The first election shall be held on the Tuesday next following the first Monday in 2001, at which time the positions held by the mayor and all councilmembers whose terms expire on December 31, 2001, shall be filled.
SECTION 7.13.
Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any

3832 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Severability.
Ifany article, section, subsection, paragraph, sentence, or part thereofofthis charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independently of each other.
SECTION 7.16. Effective date.
This Act shall become effective July 1, 2001.
SECTION 7.17. Specific repealer.
An Act incorporating the City of Carlton in the County of Madison, approved February 18, 1955 (Ga. L. 1955, p. 2360), as amended, is repealed in its entirety.
SECTION 7.18. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
RESOLUTION
BE IT RESOLVED BY THE COUNCIL, AND MAYOR OF THE CITY OF CARLTON, AS FOLLOWS:

_____________GEORGIA LAWS 2001 SESSION__________3833

That the City Council on the 5th day of February 2001, did approve the amended charter for the City of Carlton and directed that such action as necessary be completed to have the 2001 session of the Georgia Legislature adopt local legislation to amend the charter of the City of Carlton,

So Resolved, Passed and Approved this 5th day of February 2001, at the meeting of the Mayor and Council of the City of Carlton, Georgia.

Attest: s/ Elaine McGee Clerk: City of Carlton

s/ Rufus Kidd Mayor: City of Carlton

Approved as to Legal Form: s/ Albert L. Stone, Jr. City Attorney:

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend consolidate and supersede an Act creating and incorporating the City of Carlton. Madison County approved by Act of 1892, page 186, as amended by an act approved February 18,1955 (GAL. 1955, p. 2360), as further amended by an act (GA. L. 1957, p. 3125), and as further amended by an act (GA. L. 1991, p. 3569); and for other purposes.

Ralph Hudgens

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph T. Hudgens, who on oath deposes and says that he is the Representative from the 24th District and further deposes and says as follows:

(1) That the attached 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 23, 2001.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

3834 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ RALPH T. HUDGENS Ralph T. Hudgens Representative, 24th District
Sworn to and subscribed before me, this 27th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
CITY OF CARNESVILLE - NEW CHARTER.
No. 86 (House Bill No. 781).
AN ACT
To provide a new charter for the City of Carnesville; to provide for incorporation,

_____________GEORGIA LAWS 2001 SESSION__________3835
boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style Carnesville, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of this city shall be those existing on the earliest effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of mayor and to be designated, as the case may be: "Official Map of the corporate limits of the City of Carnesville, Georgia." Photographic, typed, or other copies of such map or description certified by the city manager shall be admitted as evidence in all courts and shall have the same force

3836 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (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. Example of powers.
The powers of the city shall include, but not be limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air, and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (5) Business regulation and taxation. To levy and to provide for collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits

___________GEORGIA LAWS 2001 SESSION__________3837
of the city, for present or future use arid for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the
city; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law. relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city 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; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to 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; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the
appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads,
alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;

3838 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
(17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) 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, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, public grounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, other public utilities, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G. A. or such other applicable laws as are now or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of

__________GEORGIA LAWS 2001 SESSION__________3839
drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits ofthe city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use ofpublic utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows

3840 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated 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; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter.

____________GEORGIA LAWS 2001 SESSION__________3841
SECTION2.il. City council;
terms and qualifications for office.
The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless they shall be 21 years of age on or before the date of the election and they shall have been a resident of the city for one year immediately prior to the date of the election of mayor or members of the city council. Each official shall continue to reside in the city during his or her period of service and continue to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; filling of vacancies; suspensions.
(a) Vacancies The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, removal of residence from city, missing four consecutive city council meetings without leave from council, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) Suspension Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Conflict of interest No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence ofthat person's judgment or action in the performance ofthat person's official

3842 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. H
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 that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person 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 that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign. Valuables are defined as gifts worth more than $50.00; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (b) Disclosure-Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember 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 they shall disqualify themselves from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) Use of public property No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Contracts voidable and rescindable Any violation ofthis section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (e) Ineligibility of elected official Except where authorized by law, neither the

_____________GEORGIA LAWS 2001 SESSION__________3843
mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected. (f) Political activities of certain officers and employees No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) Penalties for violation
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position. (2) Any officer or employee of the city who shall forfeit his or her office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
SECTION 2.15. Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.
SECTION 2.16. General power and authority of the city council.
Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city as provided by Article I.
SECTION 2.17. Eminent domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, cable television systems, gas systems, airports, hospitals, and charitable educational, recreational, sport curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property

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may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Oath of office.
The oath of office shall be administered by a person duly authorized by law to administer oaths to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) ofthis city 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."
SECTION 2.19 Regular and special meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember 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 councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
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 of a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

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SECTION 2.21. Quorum; voting.
(a) Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance or resolution. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A unanimous vote of all members of the remaining council shall be required for the adoption of any ordinance or resolution.
SECTION 2.22. Ordinance form; procedures.
(a) Every proposed ordinance should 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 "It is hereby ordained by the governing authority of the City of Carnesville hereby ordains..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 2.23. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.24. Emergencies.
To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and may

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promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing 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 a majority of the councilmembers present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
SECTION 2.25. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "Code of Ordinances, Carnesville, Georgia." Copies of the code shall be furnished to all

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officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council, (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes oftechnical regulations and other rules and regulations included in the code.
SECTION 2.27. City manager; employment; qualifications; compensation.
The city council may employ a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be employed solely on the basis of the city manager's executive and administrative qualifications.
SECTION 2.28. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city, shall be 21 years of age on or before the date of the election, and shall have been a resident of the city for one year immediately preceding the mayor's election. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit the mayor's office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.29. Chief executive officer.
The mayor shall be the chief executive officer of this city. The mayor shall possess all of the executive and administrative power 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 2.30. Powers and duties of mayor.
As the chief executive of this city, the mayor shall: (1) Vote at city council meetings only in the case of a tie vote by

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councilmembers; (2) See that all laws and ordinances of the city are faithfully executed; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the city council a recommended operating budget and recommended capital budget; (5) Provide for an annual audit of all accounts of the city and such other information as the city council may request from time to time; (6) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (7) Call special meetings of the city council as provided in subsection (b) of Section 2.19 of this charter; (8) Require any department or agency of the city to submit written reports whenever he or she deems it expedient; and (9) Perform such other duties as may be required by law, this charter, or by ordinance.
SECTION 2.31. Mayor pro tempore; election.
By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore.
SECTION 2.32. Mayor pro tempore; selection; duties.
During the absence or disability of the mayor for any cause, the mayor pro tempore, or in the mayor's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city 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 Song as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers.
ARTICLE II! ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant 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 by law, the directors of

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departments and other appointed officers ofthe city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a head of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of their department or agency. (e) The power to employ or to discharge any employee of the city is vested in the city council. The city council may promulgate such policies as necessary for the administration and direction of the affairs and operations of the city and its employment practices.
SECT1ON3.11. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by 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 in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office, such oath shall be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances ofthe city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct

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of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of such person's position as city attorney. The city attorney shall serve at the discretion of the city council.
SECTION 3.13. City clerk.
The city council may appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian ofthe official city seal and city records; 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 may appoint a financial officer to collect all taxes, licenses, fees, and other monies belonging to the city subject to the provisions of this charter and the ordinances of the city, and to enforce all laws of Georgia relating to the collection ofdelinquent taxes and sale or foreclosure for nonpayment oftaxes. The financial officer shall also be responsible for the general duties of a treasurer and fiscal officer.
SECTION 3.15. City accountant.
The city council shall appoint a city accountant to perform the duties of an accountant. The city accountant shall serve at the discretion of the city council.
SECTION 3.16. Position classification and pay plans.
The city council may provide for the preparation ofa position classification and pay

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plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes ofthis section, all elected and appointed city officials are not city employees.
SECTION 3.17. Personnel policies.
The city council may provide for and adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods ofemployment; (2) the administration ofthe position classification and pay plan, methods ofpromotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) such dismissal hearings as due process may require; and (5) such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
SECTION 3.18. Consolidation of functions.
The council may consolidate any two or more of the positions of city clerk, city treasurer, city manager, city tax collector, or of any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the City of Carnesville.
SECTION 4.11. Chiefjudge; associate judge.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by 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 that person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a

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successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $300.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now, or hereafter provided by state law or local ordinance. (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 01 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 such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance ofpersons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu ofbond for security for the appearance ofa 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

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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 same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city, (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Franklin County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter

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2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION5.il. Election of the city council and mayor.
(a) There shall be a municipal general election biennially on the first Tuesday following the first Monday in November. (b) There shall be elected the mayor and two councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created as provided for in the initial election held under this charter pursuant to Section 7.12.
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 designations.
SECTION 5.13. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within three months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.14. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.15. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:

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(1) Incompetence, misfeasance, or a malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of a majority of councilmembers present after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right ofappeal from the decision ofthe city council to the Superior Court ofFranklin County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Franklin County following a hearing on a complaint seeking such removal brought by any resident of the City of Carnesville.
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, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION6.il. Millage rate; due dates; payment methods.
The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.

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SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Licenses; permits; fees.
The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

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SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Construction; other taxes.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by 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 permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time such 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.

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SECTION 6.21. Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by 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.
SECTION 6.23. Preparation of budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
SECTION 6.24. Submission of operating budget to city council.
On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.25. Action by city council on budget.
(a) The councilmembers may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than 30 days prior to the beginning of each fiscal year.

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If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter, (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.26. Tax levies.
Following adoption ofthe operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.27. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.28. Capital improvements budget.
(a) On or before the date fixed by the city council, but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the

3860 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ensuing fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.29. Independent audits.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.30. Contracting procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter.
SECTION 6.31. Sale of city property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner's property.

____________GEORGIA LAWS 2001 SESSION__________3861
Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. 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. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION7.il. Prior ordinances.
All ordinances, resolutions, 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. First election under this charter.
The first election shall be held on the Tuesday next following the first Monday in 2001, at which time the positions held by the mayor and two councilmembers svhose terms expire on December 31, 2001, shall be filled.
SECTION 7.13. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of this city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which time the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

3862 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.14. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.15. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.16. Effective date.
This charter shall become of full force and effect upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7.17. Specific repealer.
An Act incorporating the City of Carnesville in the County of Franklin, approved April 6, 1965 (Ga. L. 1965, p. 3280), as amended, is repealed in its entirety.
SECTION 7.18. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
RESOLUTION
WHEREAS, the City Council of Carnesville, Georgia desires to revise its charter in its entirety; and
WHEREAS, the law provides that the proposed change in the proposed charter should be accomplished by local legislation through the legislature of the State of Georgia;
WHEREAS, a public hearing has been held and citizens have had the opportunity to provide input regarding a new city charter;

____________GEORGIA LAWS 2001 SESSION__________3863

BE IT HEREBY RESOLVED that the City of Carnesville, Georgia desires that the attached charter become the charter for the City of Carnesville, Georgia, effective upon passage, and that the General Assembly so provide by local legislation.

RESOLVED this 30th day of January, 2001.

CITY OF CARNESVILLE, GEORGIA By: s/ Mayor Janie Worley Mayor Janie Worley

Attest: s/ Pat Swindell Pat Swindell, City Clerk

s/ Mary P. Little Councilperson

s/ B. B. McCall Councilperson

s/ Gene Eavenon Councilperson

s/ David J. Frederick Councilperson

I certify that the above-copied Resolution is a true and exact copy ofthe Resolution passed on the 30th day of January, 2001 by the City Council of Carnesville, Georgia.

s/ Douglas G. Ashworth Douglas G. Ashworth City Attorney

(SEAL)

LEGAL NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to reincorporate the City of Carnesville, in the County of Franklin, and to grant a new charter to that municipality under such corporate name and style, to provide for forming a municipal government and for all matters related thereto; and for all other purposes.

This 7th day of February, 2001.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan Powell, who on oath deposes and says that he is the Representative from the 23rd District and further deposes and says as follows:

3864 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) That the attached 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: February 15, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1 -14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1 -14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ ALAN POWELL Alan Powell Representative, 23rd District
Sworn to and subscribed before me, this 27th day of February, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13,2001.

_____________GEORGIA LAWS 2001 SESSION__________3865
SUMTER COUNTY - BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 87 (House Bill No. 786).
AN ACT
To create a board of elections and registration for Sumter County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel, including a chief election official, and compensation; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for submission; 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. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created, effective January 1, 2002. the Sumter County Board of Elections and Registration, hereinafter referred to as "the board." The board shall have the powers and duties of the former Sumter County election superintendent relating to the conduct of primaries and elections and shall have the powers and duties of the Sumter County Board of Registrars relating to the registration of voters and absentee balloting procedures.
SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meaning as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act, and the term "commissioners" means the Board of Commissioners of Sumter County and "county" means Sumter County.
SECTION 3. (a) The board shall be composed of five members, each of whom shall be an elector and a resident of Sumter County. All members of the board shall be appointed by the Board of Commissioners of Sumter County. The Sumter County Board of Elections and Registration shall select a chairperson from among its members. (b) The initial terms of office of three members shall expire December 31, 2003,

3866 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and upon the appointment and qualification of their respective successors. The initial terms of office of the remaining members of the board shall expire December 31,2005, and upon the appointment and qualification oftheir respective successors.
SECTION 4. The board shall appoint a person to serve as the chief election official of Sumter County. Such position shall be full time and such person shall be paid a salary to be set by the board and payable from county funds. The chief election official shall generally direct and control the administration of elections and voter registration in Sumter County. The chief election official shall be supervised by the board and shall be subject to removal from office by the board, with or without cause. The chief election official shall not be a member of the board nor an elected official.
SECTION 5. Each member of the board shall:
(1) Serve for a term of four years and until a successor is appointed and qualified, except that initial terms of office shall be as provided in subsection (b) of Section 3 of this Act; (2) Be eligible to be reappointed to succeed such member and shall have the right to resign at any time by giving written notice of such resignation to the commissioners and to the clerk of the Superior Court of Sumter County; and (3) Be subject to removal from the board at any time for cause, after notice and hearing, by the judge of the Superior Court of Sumter County.
SECTION 6. (a) The appointment of each member shall be evidenced by the appointing authority filing an affidavit with the clerk of the Superior Court of Sumter County no later than 30 days preceding the date on which such member is to take office, stating the name and residence address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the Superior Court of Sumter County shall be notified of interim appointments and shall record and certify such appointments in the same manner as the regular appointment of members. (b) The clerk of the Superior Court of Sumter County shall record each such certification on the minutes of that superior court and shall certify the name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for county registrars.
SECTION 7. In the event a vacancy occurs in the office of any member, before the expiration of a term by reason of removal, death, resignation, or otherwise, the appointing authority which is required under Section 3 of this Act to make the appointment to the office upon expiration of the term shall appoint a successor to serve for the remainder of the unexpired term in the manner set forth in Section 3 of this Act.

____________GEORGIA LAWS 2001 SESSION__________3867
SECTION 8. (a) The first members of the board under this Act shall be appointed as provided in this Act to take office on January 1,2002. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Sumter County. (b) Before entering upon the duties of office, each member shall take substantially the same oath as required by law for county registrars and shall have the same privileges from arrest.
SECTION 9. (a) The Sumter County Board of Elections and Registration shall be empowered with all the powers and duties relating to the conduct of primaries and elections as election superintendents pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (b) The board 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 Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) This Act is intended to implement the provisions of subsection (b) of Code Section 21 -2-40 of the O.C.G. A. and shall be construed liberally so as to effectuate that purpose.
SECTION 10. No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective public office, and the position of membership ofany member shall be deemed vacant upon such member's qualifying as a candidate for an elective public office.
SECTION 11. Any rule or regulation promulgated by a county executive committee of a political party under the provisions of subsection (c) of Code Section 21-2-111 of the O.C.G.A., with regard to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board.
SECTION 12. (a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the commissioners or any other public agency to bear any expense of conducting primaries not otherwise required by law. (b) The board shall have the authority to serve as municipal registrar and to conduct municipal elections and primaries for any municipal corporation located within Sumter County if such municipal corporation has entered into a contract for that purpose with the Sumter County Board of Commissioners.

3868 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 13. With the approval of the commissioners, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to inform and instruct electors of the county adequately with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.
SECTION 14. (a) The board shall be authorized and empowered to organize itself, may elect from among its membership a vice chairperson, shall determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such actions as are appropriate to the management of its affairs; provided, however, that no such action shall conflict with general law. (b) Action and decision by the board shall be by a majority vote of a quorum of the members of the board.
SECTION 15. (a) The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. The board shall hold meetings at the county courthouse or at the place of meeting of the commissioners. These meetings shall be held quarterly in years in which there is no county-wide election and monthly in years in which there is a county-wide election. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place of the holding of such meeting has been communicated in writing to the chief election official to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records.
SECTION 16. (a) The chairperson of the board of elections and registration shall chair all meetings of the board and be the spokesperson for the board. (b) The members of the board shall receive no compensation for their service as members of the board but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. (c) All amounts payable under this section shall be paid from the funds of Sumter County.

____________GEORGIA LAWS 2001 SESSION__________3869
SECTION 17. Subject to appropriation of funds by the commissioners, the board shall be authorized to expend public funds to provide for such proper and suitable administrative offices and for such clerical assistants and other employees as the board shall deem appropriate. Compensation for such administrative personnel shall be paid by the board under the county personnel system wholly from county funds. This section shall not be construed so as to require the board to expend any funds simply because they are authorized to do so under this Act. Employees ofthe board shall be considered county employees for purposes of pay, benefits, sick leave, vacation, and for other purposes.
SECTION 18. The board shall be responsible for the selection, appointment, and training of poll workers in elections. Such workers shall be appointed, insofar as practicable, from lists provided by the county executive committees of any political party whose nominee for President of the United States received at least 10 percent of the vote in Sumter County during the most recent general election for that office. It shall be the responsibility of any such political party to provide said list to the board in a timely fashion and to supplement said list upon a reasonable request to do so.
SECTION 19. Effective on the date the board can first take official action under Section 7 of this Act, the election superintendent of Sumter County and the Board of Registrars of Sumter County 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 chairperson of the board, upon the chairperson's written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
SECTION 20. It shall be the duty of the governing authority of Sumter County to require the attorney therefor to submit this Act for approval pursuant to Section 5 ofthe federal Voting Rights Act of 1965, as amended. If implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of July 1, 2002, this Act shall be void and stand repealed in its entirety.
SECTION 21. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 22. All laws and parts of laws in conflict with this Act are repealed.

3870 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
NOTICE OF INTENTION TO INTRODUCE TO LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to create a board of elections and registration for Sumter County and provide for its powers and duties; and for other purposes.
This 31 st day of January, 2001.
Board of Commissioners of Sumter County, Georgia
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Skipper, who on oath deposes and says that he is the Representative from the 137th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Americus Times Recorder which is the official organ of Sumter County on the following date: February 16, 2001 .
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

_____________GEORGIA LAWS 2001 SESSION__________3871
s/ JIMMY SKIPPER Jimmy Skipper Representative, 137th District
Sworn to and subscribed before me, this 27th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
IRWIN COUNTY - MOTOR VEHICLE REGISTRATION PERIOD.
No. 88 (House Bill No. 788).
AN ACT
To amend an Act providing that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Irwin County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law, approved March 25,1996 (Ga. L. 1996, p. 3613), so as to change the provisions relating to the period for registration of vehicles in Irwin County; 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 that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Irwin County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law, approved March 25, 1996 (Ga. L. 1996, p. 3613), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
'SECTION 1. Effective January 1, 2002, the registration period for all vehicles authorized or required to be registered in Irwin County shall be as provided in subparagraph (a)(l)(A) of Code Section 40-2-21 of the O.C.G.A.'

3872 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II______
SECTION 2. This Act shall become effective on January 1, 2002.
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 2001 Session of the General Assembly of Georgia a bill to amend an act creating Irwiri County, Georgia, Ga. Laws 1933 page 571, as amended, in order to provide for the annual registration period for motor vehicles to be the 30 day period ending at midnight on the birthday of the owner whose surname appears on the certificate of title or other record of ownership.
This 16th day of February, 2001.
Warren L. Mixon County Attorney
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. N. Hudson, who on oath deposes and says that he is the Representative from the 156th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Ocilla Star which is the official organ of Irwin County on the following date: February 21, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

_____________GEORGIA LAWS 2001 SESSION__________3873
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ W. N. HUDSON W. N. Hudson Representative, 156th District
Sworn to and subscribed before me, this 28th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY - MAYOR AND COMMISSIONERS; COMPENSATION.
No. 89 (House Bill No. 793).
AN ACT
To amend an Act establishing the Unified Government of Athens-Clarke County, Georgia, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, so as to change the compensation of the mayor and 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 establishing the Unified Government of Athens-Clarke County, Georgia, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, is amended by striking subsection (a) of Section 2-103 of said Act and inserting in its place the

3874 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
following: "(a) The salary of each commissioner shall be $15,000.00 per year, payable in equal monthly installments.*
SECTION 2. Said Act is further amended by striking subsection (a) of Section 3-103 of said Act and inserting in its place the following:
"(a) The mayor shall receive as compensation for the services of this office an annual salary of $45,000.00, payable in equal monthly installments."
SECTION 3. This Act shall become effective on July 1, 2001.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
February 27, 2001
Honorable Louise McBee 508 Legislative Office Building Atlanta, Georgia 3033
Dear Rep. McBee:
Please accept this letter as a formal request to approve the recommendation of the Charter Overview Commission in regards to the salary adjustments for the AthensClarke County Mayor and Commission.
Their recommendation, which has been approved by Mayor and Commission, is to adjust the salary of the Mayor to $45,000 per year and for the Commissioners to $15,000 per year.
It is requested that these changes be effective July 1, 2001.
Sincerely,
s/ Doc Eldridge Mayor
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2001 session of the General Assembly of Georgia, local legislation to Amend an Act providing for the Charter of the Unified Government of Athens-Clarke County, approved March 2,1990 (Ga. L. 1990, p. 3560), as amended, so as to change the provisions thereof

_____________GEORGIA LAWS 2001 SESSION________3875
regarding terms ofoffice ofthe Commissioners to clarify when first regular meeting of the term is held; to change provisions regarding compensation of the Mayor and the Commission to increase said compensation; to clarify veto power of the Mayor over zoning ordinances; to provide time limit for veto of zoning ordinances; to provide that Clerk of Commission certifies records of Commission; to provide for an acting Manager; to exclude Clerk of Commission from the Merit System; to provide for change in contracting procedures so that Mayor's signature and any other qualified officer's signature on a contract to be attested by Clerk of Commission; to clarify provision concerning ante iitem notice; to change provisions concerning Charter Overview Commission; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 6th day of February, 2001.
Ernie DePascale Attorney for Athens-Clarke County, Georgia
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louise McBee, who on oath deposes and says that she is the Representative from the 88th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Athens Banner-Herald which is the official organ of Clarke County on the following date: February 9, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the

3876 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ LOUISE MCGEE Louise McBee Representative, 88th District
Sworn to and subscribed before me, this 28th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
TOWNS COUNTY - BOARD OF ELECTIONS; CREATION.
No. 90 (House Bill No. 795).
AN ACT
To provide for the board of elections of Towns County; to provide for the rights, powers, duties, and authority of the board; to provide for appointment and terms of members; to provide for a chairperson; to provide for qualifications; to provide for appointment procedures; to provide for vacancies; to provide for resignation or removal of members; to provide for succession to certain powers and duties and to relieve the election superintendent of such powers and duties; to provide for certain oaths and privileges; to provide for compensation, offices, assistants, and employees; to provide for definitions; to provide for certain submissions; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2001 SESSION__________3877
SECTION 1. Pursuant to Code Section 21-2-40 of the O.C.G.A., there is created the board of elections of Towns County which shall have jurisdiction over the conduct of primaries and elections in Towns County in accordance with the provisions of this Act, which board of elections is sometimes referred to as "board" in this Act.
SECTION 2. The board of elections of Towns County shall be composed of five members, each of whom shall be an elector and resident of Towns County and who shall be selected in the following manner:
(1) Two members of the board shall be selected by the chairperson of the county executive committee of the political party which received the highest number of votes within the county for its candidate for President of the United States in the general election immediately preceding the appointment of the member. Each selection shall have been ratified by a majority of the members of the executive committee voting at a regularly scheduled meeting or at a meeting duly called and held for such purpose. Selected names shall be submitted to the governing authority of Towns County for appointment as members of the board of elections for Towns County; (2) Two members of the board shall be selected by the chairperson of the county executive committee of the political party which received the second highest number of votes within the county for its candidate for President ofthe United States in the general election immediately preceding the appointment of the member. Each selection shall have been ratified by a majority of the members of the executive committee voting at a regularly scheduled meeting or at a meeting duly called and held for such purpose. Selected names shall be submitted to the governing authority of Towns County for appointment as members of the board of elections for Towns County; and (3) The fifth member of the board of elections shall be appointed by the governing authority of Towns County. Said member shall not be an officer or member of the executive committee of any political party at the time of such member's selection or at any time during such member's term of office as a member of the board of elections.
SECTION 3. The members of the board of elections shall elect one of the members of the board to serve as chairperson of the board.
SECTION 4. In making the initial appointments to the board, the governing authority of Towns County shall appoint two members, one from each political party, for an initial term beginning on September 1, 2001, and ending on December 31, 2002, and two members for an initial term beginning on September 1, 2001, and ending on December 31, 2003. The one member appointed pursuant to paragraph (3) of Section 2 of this Act shall be appointed for an initial term beginning on September

3878 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
1, 2001, and ending on December 31, 2004. Each member shall serve until a successor is appointed and qualified. Thereafter, a successor to each member ofthe board whose term of office is to expire shall be appointed to take office January 1 immediately following the expiration of such term and shall serve for a term of four years and until his or her successor is appointed and qualified
SECTION 5. 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's qualifying as a candidate for elective public office. Further, no immediate family member of an elected public official shall be eligible to serve as a member during the elected official's term of office.
SECTION 6. The appointment of each member shall be made by the appointing authority by filing an affidavit with the clerk of the Superior Court of Towns County not later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court, shall certify the name of each appointed member of the Secretary of State, and shall provide for the issuance of appropriate commissions to the members within the same time and in a manner as provided by law for registrars. If any appointing authority does not, in conformity with this Act, certify an appointment to the board within 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, a vacancy shall be deemed to have been thereby created and the Governor, pursuant to Article V, Section II, Paragraph VIII(a) of the Constitution of the State of Georgia, shall fill that vacancy by making the appointment thereto and shall certify it as provided in this section.
SECTION 7. Each member of the board shall serve until his or her successor is appointed and qualified, except in the event of resignation or removal as provided in this Act, and shall:
(1) Be eligible to succeed himself or herself and have the right to resign at any time by giving written notice of his or her resignation to the governing authority of Towns County and to the clerk of the Superior Court of Towns County; and (2) 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 8. In the event a vacancy occurs in the office of any member before the expiration of his or her term, by removal, death, resignation, or otherwise, the governing

_____________GEORGIA LAWS 2001 SESSION__________3879
authority of Towns County shall appoint a successor to serve the remainder of the unexpired term, in the same manner as an original appointment to such post.
SECTION 9. Before entering upon his or her duties, each member of the board shall take substantially the same oath as is required by law for registrars and shall have the same privileges from arrest.
SECTION 10. The board of elections shall, with regard to the preparation for and conduct and administration of elections and primaries, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as the same now exists or may hereafter be amended, or any other provision of law.
SECTION 11. On September 1, 2001, the election superintendent of Towns County shall be relieved from all powers and duties to which the board succeeds by the provisions of this Act and shall deliver thereafter to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
SECTION 12. The board shall be responsible for the selection, appointment, and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party.
SECTION 13. The chairperson of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the executions of matters within its jurisdiction.
SECTION 14. Compensation for the members of the board of elections shall be in the same manner as registrars as prescribed in subsection (d) of Code Section 21-2-212 of the O.C.G.A. Compensation for clerical assistants and other employees shall be such as may be fixed by the governing authority of Towns County. Said compensation shall be paid wholly from the funds of Towns County.

3880 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 15. The governing authority of Towns County shall provide the board of elections with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate.
SECTION 16. The words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meaning ascribed to those words by Chapter 2 ofTitle 21 ofthe O.C.G.A., the "Georgia Election Code," as the same now exists or may hereafter be amended, unless otherwise clearly apparent from the context of this Act.
SECTION 17. It shall be the duty of the governing authority of Towns County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 18. Only for purposes of making initial appointments to the board, this Act shall become effective July 1, 2001. For all other purposes, this Act shall become effective on September 1, 2001.
SECTION 19. All laws and parts of laws in conflict with this Act are repealed.
RESOLUTION
BE IT RESOLVED on this 12th day February, 2001, by the Towns County Commissioner, that Ralph Twiggs, introduce legislation to provide for a Board of Elections which shall have jurisdiction over the conduct of primaries and elections for Towns County, Georgia. Such act to take effect on July 1, 2001.
s/ Jack Dayton County Commissioner Towns County, Georgia
ATTEST: s/ Wilma Youngblood Clerk of Towns County
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide for a board of elections of Towns county; and for other purposes.

____________GEORGIA LAWS 2001 SESSION__________3881
This 19th day of February, 2001.
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 the Representative from the 8th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Towns County Herald which is the official organ of Towns County on the following date: February 22, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ RALPH TWIGGS Ralph Twiggs Representative, 8th District
Sworn to and subscribed before me, this 26th day of February, 2001.

3882 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
GREENE COUNTY - GREENE COUNTY FAMILY CONNECTION COMMISSION; MEMBERSHIP.
No. 91 (House Bill No. 796).
AN ACT
To amend an Act creating the Greene County Family Connection Commission, approved March 27, 1998 (Ga. L. 1998, p. 3748), as amended, particularly by an Act approved April 9,1999 (Ga. L. 1999, p. 3804), so as to add a member; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Greene County Family Connection Commission, approved March 27, 1998 (Ga. L. 1998, p. 3748), as amended, particularly by an Act approved April 9.1999 (Ga. L. 1999, p. 3804), is amended by striking in its entirety subsection (b) of Section 1 and inserting in its place the following:
'(b) The following officials shall be ex officio members for as long as they hold the offices identified:
(1) District X Medical Director of the Division of Public Health of the Department of Human Resources or such official's designee; (2) Director of the Greene County Department of Family and Children Services or such official's designee; (3) Director of the Greensboro Housing Authority or such official's designee; (4) Director ofthe Union Point Housing Authority or such official's designee; (5) Superintendent of Greene County Schools or such officials's designee; (6) District Director of the Department of Juvenile Justice or such official's designee; and (7) Executive Director of the Greene County Chamber of Commerce, or such official's designee .'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

_____________GEORGIA LAWS 2001 SESSION________3883
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act creating the Greene County Family Connection Commission, approved March 27,1998 (Ga. L. 1998, p. 3 748), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3804), so as to add a member; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 19 day of February, 2001.
Representative R. M. Channell lllth District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mickey Channell, who on oath deposes and says that he is the Representative from the 111th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Herald Journal which is the official organ of Greene County on the following date: February 23, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided

3884 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ MICKEY CHANNELL Mickey Channel! Representative, 111th District
Sworn to and subscribed before me, this 28th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
COLQUITT COUNTY - BOARD OF COMMISSIONERS; COUNTY ADMINISTRATOR; PURCHASES.
No. 92 (House Bill No. 797).
AN ACT
To amend an Act re-creating the Board of Commissioners of Colquitt County, approved March 22, 1974 (Ga. L. 1974, p. 3078), as amended, particularly by an Act approved March 12, 1986 (Ga. L. 1986, p. 3735), so as to change certain provisions regarding certain discretionary purchases by the county administrator; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act re-creating the Board of Commissioners of Colquitt County, approved March 22, 1974 (Ga. L. 1974, p. 3078), as amended, particularly by an Act approved March 12,1986 (Ga. L. 1986, p. 3735), is amended by striking subsection (a) of Section 13 and inserting in its place a new subsection (a) to read as follows:
'(a) The county administrator shall be the chief purchasing agent for the county, by whom all purchases of supplies and all contracts therefor shall be made. The county administrator shall countersign with the chairperson all vouchers for the payment of the same under such rules and regulations as the board may adopt, not inconsistent herewith. The board shall adopt rules for regulating purchases

_____________GEORGIA LAWS 2001 SESSION__________3885
made by the county and the county administrator shall be governed thereby. In no event shall the county administrator be authorized to spend in excess of $5,000.00 for the purchase of any item for use by the county without the prior consent of a majority of the duly qualified members of the board.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LEGISLATION
Notice is hereby given that there will be introduced at the Regular 2001 Session of the General Assembly of Georgia a bill to amend an act recreating the Board of Commissioners of Colquitt County, approved March 12,1986, Act. NO. 817 (H.B. 1809), Ga. L. 1986 P. 3735, as amended, so as to correct a technical error in the legislation increasing the discretionary spending limit of the County Administrator passed at the Regular 2000 Session of the General Assembly.
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 the Representative from the 164th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Moulrrie Observer which is the official organ of Colquitt County on the following date: February 7, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1 -14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

3886 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ A. RICHARD ROYAL A. Richard Royal Representative, 164th District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13, 2001.
CITY OF DAISY - NEW CHARTER.
No. 93 (House Bill No. 815).
AN ACT
To provide a new charter for the City of Daisy, in Evans County; to provide for corporate boundaries and powers; to provide for a mayor and councilmembers and their terms, qualifications for office, powers and duties, compensation, expenses, meetings, rules of procedure, quorum, voting, and removal from office; to provide for ordinances and codes of technical regulations; to provide for administrative and service departments, boards, commissions, and authorities; to provide for a city attorney and city clerk; to provide for position classification and pay plans; to provide for a municipal court and its judges, jurisdictions, powers, rules, and appeals; to provide for elections; to provide for ad valorem taxes, occupation and business taxes, regulatory fees, permits, franchises, service charges, special assessments, and collection of delinquent taxes and fees; to provide for bonds, short-term notes, and lease-purchase contracts; to provide for budgets and their preparation, submission to the city council, and action thereon by the city council; to provide for tax levies; to provide for an independent audit, contracting procedures, centralized purchasing, and sale and lease of city property; to provide for transition procedures; to provide for construction; to provide for severability; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and

_____________GEORGIA LAWS 2001 SESSION__________3887
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style City of Daisy, Georgia, and by that name shall have perpetual succession.
SECTION 1.11.
Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map ofthe corporate limits ofthe City ofDaisy, Georgia." Photographic, typed, or other copies of such map or description certified by the City of Daisy shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. (c) The original charter and other legal documents including maps and ordinances shall be kept in safety deposit box and copies of the same shall be kept at City Hall.
SECTION 1.12.
Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the power of self-government not otherwise prohibited by this charter or by general law. (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. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or

3888 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized to expend money by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electric, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (4) Business regulations and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside and outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of the air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and

__________GEORGIA LAWS 2001 SESSION__________3889
trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city 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; (11) General health 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 ofthe inhabitants ofthe city; and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to 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; (13) Health and sanitation. To prescribe standards ofhealth and sanitation and to provide for the enforcement of such standards; (14) Jail sentence. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection ofproperty and equipment ofthe city and the administration and the use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) 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, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates,

3890 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public services companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads within the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and

___________GEORGIA LAWS 2001 SESSION__________3891
light the roads, alleys, and walkways within the corporate limits ofthe city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands to curb or street, and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on real estate owners to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, junk dealers, pawn shops, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to

3892 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws ofthe State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.13. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided in this charter. If this charter makes no provisions, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENTAL STRUCTURE
SECTION 2.10. City council creation; 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 councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.
SECTION2.il. Mayor and councilmember terms and qualifications for office.
The mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of election of mayor or members of the council. Each mayor and councilmember shall continue to reside within the city during that official's period of service and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; filling of vacancies.
(a) Vacancies. The office of mayor or councilmember shall become vacant upon die occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be

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enacted. (b) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the council if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A. or other such laws as are or may hereafter be enacted.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Holding other office; voting when financially interested.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the city council.
Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city.
SECTION 2.17. Eminent domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical

3894 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
systems, gas systems, cable systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities inside or outside the city and to regulate the use thereof; and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meetings.
The city council shall hold an organizational meeting. 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) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) ofthis city 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."
SECTION 2.19. Regular and special meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember 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 councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law. Notice to the public of special meetings shall be made as fully as possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 2.20. Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions ofthis charter and shall provide for keeping ajournal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

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SECTION 2.21. Quorum; voting.
The mayor or mayor pro tempore and three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 2.22. Ordinance form; procedures.
(a) Every proposed ordinance should be introduced in writing. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Daisy" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish, except for emergency ordinances as provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall, within five working days, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 2.23. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.24. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on the call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An

3896 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
SECTION 2.25. Codes of technical regulations.
The city council may adopt any standard code of technical regulations by reference to such code of technical regulations in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter, (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a genera! codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Daisy, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and

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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 printed for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.27. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city 12 months preceding the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.28. Chief executive officer.
The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative power granted to the city under the Constitution and laws of the State of Georgia, and 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) Appoint and remove all officers, department heads, and employees of the city, except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the city council a recommended operating budget and capital budget; (5) Submit to the city council at least once a year a statement covering the financial conditions of the city and, from time to time, such other information as the city council may request; (6) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient;

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(7) Call special meetings of the city council as provided for in subsection (b) of Section 2.19 of this charter as the mayor may deem expedient; (8) Approve or disapprove ordinances as provided in Section 2.30 of this charter; (9) Provide for an annual audit of all accounts of the city; (10) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; (11) Perform such other duties as may be required by law, this charter, or by ordinance; and (12) Be responsible for all financial transactions.
SECTION 2.30. Submission of ordinances to the mayor; veto power.
(a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayor's approval, or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become a law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of four councilmembers, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the city council as provided in subsection (c) of this section.
SECTION 2.31. Mayor pro tempore; selection; duties.
By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore each year. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability or absence. The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all councilmembers.

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ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant 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 by law, the directors of departments and other appointed officers of this city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision ofthe mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision ofthe mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.
SECTION3.il. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office in such a manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by this charter or by law, no member or any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or by law.

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(f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at the pleasure of the city council and may be removed at any time by a vote of four members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 3.12. City attorney.
The city council shall appoint each year 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 providing for the representation and defense of the city in all litigation in which the city is a party: may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney.
SECTION 3.13. City clerk.
The city council shall appoint each year a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records, shall maintain city council records required by this charter, and shall perform such other duties as may be required by the city council.
SECTION 3.14. Position classification and pay plans.
The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council

____________GEORGIA LAWS 2001 SESSION__________3901
shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes ofthis section, no elected and appointed city officials are city employees.
SECTION 3.15. Personnel policies.
All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.
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 Daisy.
SECTION4.il. Chiefjudge; associate judge.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by 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 that person shall have attained the age of 21 years, shall be a member ofthe State Bar ofGeorgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at the pleasure of the city council and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of mat person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes ofthe city council journal required in Section 2.20 ofthis charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.

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SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment not exceeding six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (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 recognizance 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 that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and 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 same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by an officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and the judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

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SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgement of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Evans County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All elections shall be held and conducted in accordance with the Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION5.il. Regular elections; time for holding.
In odd-numbered years, on the Tuesday next following the first Monday in November there shall be an election for the mayor and the councilmembers. The terms of office shall begin on January 1 following the November election.
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 designations.

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SECTION 5.13. Election by plurality.
The person receiving a plurality ofthe votes cast for any city office shall be elected.
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.15. Other provisions.
Except as otherwise provided in this charter, the city council shall, by ordinance, prescribe such rules and regulation it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel, selected by the mayor and the city council, shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. 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 city council to the Superior Court of Evans County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Evans County following a hearing on

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a complaint seeking such removal brought by any resident of the City of Daisy.
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 and of providing governmental services, for the repayments of principal and interest on general obligations, and for any other public purpose as determined by the city council at its discretion.
SECTION6.il. Millage rate; due dates; payments methods.
The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory fees; permits.
The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18 of this charter.

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SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Construction; other taxes and fees.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power or authority in this article shall

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not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means that are not precluded by 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 permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21.
Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Lease-purchase contracts.
The city may enter into renewable lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts

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must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. 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.
SECTION 6.24. Preparation of budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Submission of operating budget to city council.
On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.26. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of June of each year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation

____________GEORGIA LAWS 2001 SESSION__________3909
ordinance adopted pursuant to Section 6.24 of this charter, (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditures shall be made or encumbrance created in excess ofthe otherwise encumbered balance ofthe appropriations or allotment thereof, to which it is chargeable.
SECTION 6.27. Tax levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Capital budget.
(a) On or before the date fixed by the city council but no later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capita! improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the last day of June of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

3910 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.30. Independent audit.
There shall be an annual independent audit of all the 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 principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.31. Contracting procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter; and (4) It is signed by the mayor or the mayor pro tempore.
SECTION 6.32. Centralized purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of city property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting

____________GEORGIA LAWS 2001 SESSION__________3911
owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. 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. Bonds for officials.
The officers and employees of the city, both elected and appointed, shall execute such surety and fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION7.il. Existing ordinances, resolutions, rules, and regulations.
Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for two years from the effective date of this charter. During such two-year period, the city council shall review all such provisions and shall readopt, repeal, or amend each, so that a codification as provided by subsection (b) of Section 2.26 of this charter is accomplished.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 90 days, before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel,

3912 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
or offices as may be provided by the city council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Severability.
Ifany article, section, subsection, paragraph, sentence, or part thereofofthis charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
SECTION 7.16. Specific repealer.
An Act incorporating the City of Daisy in the County of Evans, approved April 12, 1968 (Ga. L. 1968, p. 3722), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.
SECTION 7.17. Effective date.
This Act shall become effective on July 1, 2001.
SECTION 7.18. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
MAYOR AND COUNCIL CITY OF DAISY P. O. BOX 196 DAISY, GEORGIA 30423
December 12,2000

____________GEORGIA LAWS 2001 SESSION__________3913
Representative Terry Barnard Route 3, Box 5240 Glennville, Ga. 30427
Dear Representative Barnard:
The Mayor and Council of the City of Daisy voted unanimously in the November 21,2000 council meeting to enact a new City of Daisy Charter in accordance with Georgia Law. We would like your assistance in getting this revised charter through local legislation in the 2001 session of the General Assembly.
Thank you for your assistance in this matter, and if further information is needed, please contact me at 739-2125.
Sincerely,
Inman Brown, Jr. s/ Inman Brown, Jr., Mayor IB:csb
NOTICE TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that legislation will be introduced during the 2001 session to make changes to the Charter of the City of Daisy.
Terry E. Barnard State Representative District 154
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry E. Barnard, who on oath deposes and says that he is the Representative from the 154th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Claxton Enterprise which is the official organ of Evans County on the following date: February 21, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

3914 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____

X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

Sworn to and subscribed before me, this 1st day of March, 2001.

s/ TERRY E. BARNARD Terry E. Barnard Representative, 154th District

s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)

Approved April 13,2001.

GLYNN COUNTY - BOARD OF COMMISSIONERS; COMPENSATION.
No. 94 (House Bill No. 820).
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 March 30,1989 (Ga. L. 1989, p. 4398), so as to change the annual salary of the chairperson 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:

____________GEORGIA LAWS 2001 SESSION__________3915
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 March 30, 1989 (Ga. L. 1989, p. 4398), is amended by striking the first unnumbered paragraph of Section 6 and inserting in its place the following:
"The chairperson shall receive an annual salary of $8,500.00, payable in monthly installments, and an expense allowance of $350.00 per month. Each other member of the board shall receive an annual salary of $7,500.00, payable in monthly installments, and an expense allowance of $300.00 per month."
SECTION 2. This Act shall become effective on January 1, 2002.
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 2001 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4398), so as to change the annual salary of the chairperson and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 22nd day of February 2001.
Jerry Keen Representative Jerry Keen 174th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry Keen, who on oath deposes and says that he is the Representative from the 174th District and further deposes and says as follows:
(1) That the attached 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 24, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or

3916 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_____ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JERRY KEEN Jerry Keen Representative, 174th District
Sworn to and subscribed before me, this 2nd day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
LAURENS COUNTY PUBLIC FACILITIES AUTHORITY - CREATION.
No. 95 (House Bill No. 807).
AN ACT
To create the Laurens County Public Facilities Authority; to provide for a short title and definitions; to confer powers and impose duties on the Authority; to provide for the membership and the appointment of members of the Authority and their terms

_____________GEORGIA LAWS 2001 SESSION__________3917
of office, qualifications, duties, powers, and expenses; to provide for vacancies, organization, meetings, and quorum; to provide for revenue bonds and their form, denominations, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide conditions for issuance; to prohibit the pledge of credit for the payment ofbonds; to provide for intergovernmental contracts; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for Authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; 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 known and may be cited as the "Laurens County Public Facilities Authority Act."
SECTION 2. Laurens County Public Facilities Authority.
(a) There is created a public body corporate and politic to be known as the "Laurens County Public Facilities Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall have perpetual existence. (b) The Laurens County Board of Commissioners shall appoint seven members to the Authority, two of whom shall be commissioners. With respect to the initial appointment by the Laurens County Board of Commissioners, three members shall be appointed for a term of three years, two members shall be appointed for a term of two years, and two members shall be appointed for a term of one year. Thereafter, all appointments shall be made for terms of three years. Immediately after such appointments, the members ofthe Authority shall enter upon their duties. Members of the Authority shall serve the terms specified and until their respective successors are appointed and qualified. Any vacancy on the Authority shall be filled in the same manner as was the original appointment of the member whose office has become vacant and the person so appointed shall serve for the remainder ofthe unexpired term. To be eligible for appointment as a member ofthe Authority, a person shall be at least 21 years of age, shall be a resident of Laurens County,

3918 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, for at least two years prior to the date of his or her appointment, and shall not have been convicted ofa felony. Any member ofthe Authority may be selected and appointed to succeed himself or herself. (c) The Laurens County Board of Commissioners may provide by resolution for the reimbursement of Authority members for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the Authority shall elect one of their number as chairperson and another as a vice chairperson. The members of the Authority shall also elect a secretary, who need not be a member of the Authority, and may also elect a treasurer, who need not be a member of the Authority. The secretary may also serve as treasurer. If the secretary or treasurer is not a member of the Authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Four members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the Authority.
SECTION 3. Definitions.
As used in this Act, the term: (1) "Authority" means the Laurens County Public Facilities Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost ofall lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents and legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "Project" means: (A) All buildings, facilities, and equipment necessary or convenient for the efficient operation of: (i) Laurens County, Georgia, or any department, agency, division, or commission thereof; or (ii) Any other political subdivision or municipality ofthe State ofGeorgia located within Laurens County, Georgia; and (B) Any undertaking permitted by the Revenue Bond Law. (4) "Revenue Bond Law" means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., or any other similar law hereinafter enacted. (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act.

_____________GEORGIA LAWS 2001 SESSION__________3919
(6) "Self-liquidating" means any project from which the revenues and earnings to be derived by the Authority, including but not limited to any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection with such project, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (7) "State" means the State of Georgia.
SECTION 4. Powers.
The Authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act, except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To execute contracts, leases, agreements, and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project, and any and all persons, firms, and corporations, Laurens County, Georgia, and any other political subdivision or municipality of the State of Georgia located in Laurens County, Georgia, are hereby authorized to enter into contracts, leases, agreements, or instruments with the Authority upon such terms and for such purposes as they deem advisable and as they are authorized by law;

3920 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
(6) To acquire, construct, add to, extend, improve, equip, operate, and maintain projects; (7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the Authority, from any grant or contribution from the United States of America or any agency or instrumentality thereof, from the state or any agency or instrumentality or other political subdivision thereof, or from any other source whatsoever; (8) To accept loans or grants or loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (9) To accept loans or grants or loans and grants of money or materials or property of any kind from the state or any agency, instrumentality, or political subdivision thereof, upon such terms and conditions as the state or such agency, instrumentality, or political subdivision may require; (10) To borrow money for any of its corporate purposes and to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 5. Revenue bonds.
The Authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of revenue bonds of the Authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and may be redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution for the issuance of such revenue bonds.

____________GEORGIA LAWS 2001 SESSION__________3921
SECTION 6. Same; form; denomination; registration; place of payment.
The Authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for registration and exchangeability privileges. The Authority shall fix the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or outside the state.
SECTION 7. Same; signatures; seal.
All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the Authority and the attesting manual or facsimile signature ofthe secretary, assistant secretary, or secretary-treasurer ofthe Authority, and the official seal of the Authority shall be impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary, or secretary treasurer of the Authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signature of such persons as at the actual time of the execution of such revenue bonds or coupons shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery.
SECTION 8. Same; negotiability; exemption from taxation.
All revenue bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.
SECTION 9. Same; sale; price; proceeds.
The Authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest ofthe Authority. The proceeds derived from the sale of revenue bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such revenue bonds.

3922 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 10. Same; interim receipts and certificates or temporary bonds.
Prior to the preparation of any definitive revenue bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates, or temporary revenue bonds, with or without coupons, exchangeable for definitive revenue bonds upon the issuance of the latter.
SECTION 11. Same; replacement of lost or mutilated bonds.
The Authority may provide for the replacement of any revenue bonds or coupons which shall become mutilated or be destroyed or lost.
SECTION 12. Same; conditions precedent to issuance.
The Authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the Authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.
SECTION 13. Credit not pledged.
Revenue bonds shall not be deemed to constitute a debt of Laurens County, Georgia, nor a pledge of the faith and credit of said county, but such revenue bonds shall be payable solely from the fund provided for in this Act. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the provisions of this section. Notwithstanding the provisions of this section, this Act shall not affect the ability of the Authority and said county to enter into an intergovernmental contract pursuant to which said county agrees to pay amounts sufficient to pay operating charges and other costs of the Authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the Authority.

____________GEORGIA LAWS 2001 SESSION__________3923
SECTION 14. Trust indenture as security.
In the discretion of the Authority, any issuance of revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys.
SECTION 15. To whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the Authority shall provide for the payment of the proceeds of the sale of the revenue 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 thereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 16. Sinking fund.
The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the revenue bonds or in the trust indenture may provide, and such funds so pledged from whatever source received shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as

3924 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.
SECTION 17. Remedies of bondholders.
Any holder of revenue bonds 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 revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state, including specifically but without limitation the Revenue Bond Law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the Authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.
SECTION 18. Validation.
Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state, and any institution, department, or other agency thereof, and any county, municipality, school district, or other political subdivision or authority of the state which has contracted with the Authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the Authority and all other defendants.
SECTION 19. Refunding bonds.
The Authority is authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions ofthis Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same shall be governed by the provisions

____________GEORGIA LAWS 2001 SESSION__________3925
of this Act insofar as the same may be applicable.
SECTION 20. Venue and jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Laurens County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions ofthis Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
SECTION 21. Interest of bondholders protected.
While any of the revenue bonds issued by the Authority remain outstanding, the powers, duties, or existence of said Authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds, nor will the state itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such revenue bonds, and upon the issuance of such revenue bonds under the provisions hereof, shall constitute a contract with the holders of such revenue bonds.
SECTION 22. Moneys received considered trust funds.
All moneys received pursuant to the authority ofthis Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 23. Purpose of the Authority.
Without limiting the generality of any provision of this Act, the general purpose of the Authority is declared to be that of providing buildings, facilities, and services for the citizens in Laurens County, Georgia.
SECTION 24. Rates, charges, and revenues; use.
The Authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services,

3926 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
facilities, and commodities furnished, and in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as provided in this Act to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.
SECTION 25. Rules, regulations, service policies, and procedures for operation of projects.
It shall be the duty of the Authority to prescribe rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The Authority may adopt bylaws.
SECTION 26. Tort immunity.
To the extent permitted by law, the Authority shall have the same immunity and exemption from liability for torts and negligence as Laurens County, Georgia; and the officers, agents, and employees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Laurens County, Georgia, when in the performance of their public duties or work of the county.
SECTION 27. Tax-exempt status of Authority.
The properties of the Authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the Authority shall be exempt from all taxes and special assessments of any municipality, county, or the state and any political subdivision thereof.
SECTION 28. Effect on other governments.
This Act shall not and does not in any way take from Laurens County, Georgia, or any county or municipality the authority to own, operate, and maintain recreational facilities or to issue revenue bonds as provided by the Revenue Bond Law.
SECTION 29. Liberal construction of Act.
This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.

_____________GEORGIA LAWS 2001 SESSION__________3927
SECTION 30. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 31. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2001 Session of the General Assembly of Georgia a bill to provide for the creation and establishment of a Laurens County Public Facilities Authority and for other purposes.
This 17th day of February, 2001.
DuBose Porter State Representative Terry Coleman State Representative
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, DuBose Porter, who on oath deposes and says that he is the Representative from the 143rd District and further deposes and says as follows:
(1) That the attached 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 24, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated

3928 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ DUBOSE PORTER DuBose Porter Representative, 143rd District
Sworn to and subscribed before me, this 1st day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CITY OF CENTERVILLE - CORPORATE LIMITS.
No. 96 (House Bill No. 808).
AN ACT
To amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved April 17,1992 (Ga. L. 1992, p. 6443), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved April 17, 1992 (Ga.

_____________GEORGIA LAWS 2001 SESSION__________3929
L. 1992, p. 6443), is amended by inserting at the end of paragraph (2) the following:
'Also included within the corporate limits of the City of Centerville are the following described properties:
(1) All that tract or parcel of land, known as, Thomson Road lying and being in Land Lots 85, 86, 97 and 98 of the Fifth Land District of Houston County, Georgia. Said road right-of-way being 30 feet wide each side and parallel to the center line of said road and more particularly described as follows:
Beginning at a point on the center line of Thomson Road where the southerly extension of the westerly boundary of Spring Valley Drive intersects therewith; thence in a westerly direction along the center line of Thomson Road for approximately 0.75 miles to a point where the center line of said road intersects with the easterly right-of-way of U.S. Hwy. No. 41 (S. R. No. 11); said point being the end of this description of Thomson Road. (2) All that tract or parcel of land, known as, U.S. Hwy. No. 41 (SR No. 11) lying and being in Land Lots 71, 72, 73, 74, 75, 82, 83, 84, 85, and 86 of the Fifth Land District of Houston County, Georgia. Said road right-of-way being 40 feet wide each side and parallel to the center line of said road and more particularly described as follows: Beginning at a point where the center line of U.S. Hwy. No. 41 (SR No. 11) intersects with the westerly extension of the southerly right-of-way of Thomson Road; thence in a northerly direction along the center line of U.S. Hwy. No. 41 (SR No. 11) for approximately 1.27 miles to a point where the center line of said road intersects with the easterly extension of the southerly right-of-way of Dunbar Road; said point being the end of this description of U.S. Hwy. No. 41 (SR No. 11). (3) All that tract or parcel of land, known as, Houston Lake Road lying and being in Land Lots 99, 100 and 101 of the Fifth Land District of Houston County, Georgia. Said road right-of-way being 40 feet wide each side and parallel to the center line of said road and more particularly described as follows: Beginning at a point where the center line of Houston Lake Road intersects with the city limits at Collins Avenue; thence in a northerly direction along the center line of Houston Lake Road for approximately 1.24 miles to a point where the center line of Houston Lake Road intersects with the westerly extension of the northerly right-of-way of Dunbar Road; said point being the end of this description of Houston Lake Road."
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 2001 session of the General Assembly of Georgia a bil to amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended,

3930 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
particularly by an Act approved April 17, 1992 (Ga. L. 1992, p. 6443), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
This 22 day of February, 2001.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pam Bohannon, who on oath deposes and says that she is the Representative from the 139th District and further deposes and says as follows:
(1) That the attached 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 22, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ PAM BOHANNON Pam Bohannon Representative, 139th District

_____________GEORGIA LAWS 2001 SESSION__________3931
Sworn to and subscribed before me, this 1st day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13,2001.

PIKE CLEAN AND BEAUTIFUL AUTHORITY - NAME CHANGED TO KEEP PIKE BEAUTIFUL AUTHORITY; MEMBERSHIP; EXECUTIVE DIRECTOR.

No. 97 (House Bill No. 811).

AN ACT

To amend an Act creating the Pike Clean and Beautiful Authority, approved April 4, 1991 (Ga. L. 1991, p. 4093), so as to change the name of the authority to the Keep Pike Beautiful Authority; to change the method of appointment of the members of the authority; to delete provisions relating to an executive director; 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 the Pike Clean and Beautiful Authority, approved April 4, 1991 (Ga. L. 1991, p. 4093), is amending by striking subsection (a) of Section 1 and inserting in lieu thereof the following:
"(a) There is created the Keep Pike Beautiful Authority, which shall consist of 12 members, each of whom shall be a resident of Pike County. The members of the authority shall be appointed by the Board of Commissioners of Pike County.'

SECTION 2. Said Act is further amended by striking Section 2 and inserting in lieu thereof the following:

Reserved.*

'SECTION 2.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

3932 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 2001 session of the General Assembly of Georgia a bill to amend an Act creating the Pike Clean and Beautiful Authority, approved April 4, 1991 (Ga. L. 1991, p. 4093), and for other purposes.
This 5th day of February, 2001.
/s/Robert M. Crawford Representative Robert M. Crawford 129th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert M. Crawford, who on oath deposes and says that he is the Representative from the 129th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Pike County Journal-Reporter which is the official organ of Pike County on the following date: February 21, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed

_____________GEORGIA LAWS 2001 SESSION__________3933
is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ ROBERT M. CRAWFORD Robert M. Crawford Representative, 129th District
Sworn to and subscribed before me, this 1 st day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13, 2001.
HARALSON COUNTY - BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 98 (House Bill No. 819).
AN ACT
To create a board of elections and registration for Haralson County and provide for its powers and duties; to provide for the composition of the board and the method of appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the chairperson and the powers and duties of such chairperson; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the chairperson and members of the board; to provide for offices and equipment; to provide for the meaning of certain terms; to provide for other related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to Code Section 21-2-40 of the O.C.G.A. there is created the Haralson County Board of Elections and Registration. The board shall have the powers and duties of the election superintendent of Haralson County with regard to the conduct

3934 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
of primaries and elections and shall have the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures.
SECTION 2. The board shall be composed of five members, each of whom shall be an elector of Haralson County, shall have been a resident of Haralson County for a period of two years, shall be at least 25 years of age at the time of assuming office, and shall be qualified and selected in the following manner:
(1) One member shall be appointed by the Haralson County executive committee of the political party whose candidate, at the last preceding general election, received the largest number of votes in this state for Governor; (2) One member shall be appointed by the Haralson County executive committee of the political party whose candidate at the last preceding general election received the next largest number of votes in this state for Governor; (3) Each of the appointments made by the respective executive committees shall have been ratified by a majority of the members of each of such respective executive committees voting at a meeting duly called and held for such purposes. In the event such appointments are not ratified by a majority of the members of such executive committees, then such members shall be appointed in accordance with the provisions of Section 3 of this Act; (4) Two members shall be appointed by the last regularly scheduled grand jury convening in Haralson County preceding the date on which such members are to take office; (5) The fifth member of the Haralson County Board of Elections and Registration shall be appointed by the judges of the superior court of the judicial circuit that includes Haralson County; (6) The judges of the superior court of the judicial circuit that includes Haralson County shall select one of the members of the board to serve as chairperson; (7) No person who holds or is a candidate for an elective public office or who serves as an officer, employee, committee member, or other representative of either a political campaign of a candidate for elective public office or a political party, or who is engaged on behalf of any candidate for an elective public office in the solicitation of votes for such candidate shall be eligible to serve as a member of the board during the term of such elective office or within two years after such active political participation as described in this paragraph, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office or upon such member's engaging in such political activity described in this paragraph. This paragraph shall not prohibit a nonelective employee of the county governing authority from serving as a member of the board of elections and registration; (8) No person who is an employee of the board of elections and registration or who has previously served as chief registrar shall be eligible to serve as a member of the board;

____________GEORGIA LAWS 2001 SESSION__________3935
(9) The first members of the board shall serve as follows: (A) The two members appointed by the grand jury shall be appointed for initial terms beginning July 1, 2001, and expiring December 31, 2002; and (B) The other three members, appointed by the superior court judges and executive committees of the political parties, shall be appointed for initial terms beginning July 1, 2001, and expiring December 31, 2004; and
(10) After the initial terms of office, successors to members whose terms are about to expire shall be appointed to take office on the first day of January immediately following the expiration of a term of office and shall serve for terms of four years each and until their successors are duly appointed and qualified.
SECTION 3. The appointment of each member shall be made by the appointing authority's filing with the clerk of the Superior Court of Haralson County an affidavit which states the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairperson within the same time and in the same manner as provided by law for registrars. If any appointing authority does not, in conformity with this Act, certify an appointment to the board within 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, a vacancy shall be deemed to have been thereby created and the Governor, pursuant to Article V, Section II, Paragraph VHI(a) ofthe Constitution ofthe State ofGeorgia, shall fill that vacancy by making the appointment thereto and shall certify it as provided in this section. Any person appointed to fill a vacancy shall serve out the unexpired term of office.
SECTION 4. Each member of the board shall be eligible to succeed himself or herself without limitation and shall have the right to resign at any time by giving written notice of his or her resignation to the appointing authority and to the clerk of the Superior Court of Haralson County. Each member shall be subject to removal from the board by the chief judge of the superior court of the judicial circuit that includes Haralson County at any time, for cause, after notice of the right to have a timely hearing, in the same manner and by the same authority as provided for removal of registrars.
SECTION 5. In the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, the authority who selected the vacant member shall appoint a successor for 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.

3936 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6. Before entering upon his or her duties, each member of the board shall take substantially the same oath as required by law for registrars. Each member of the board shall have the same privileges from arrest as registrars.
SECTION 7. On July 1, 2001, the election superintendent and board of registrars of Haralson County shall be relieved from all powers and duties to which the board succeeds by the provisions of this Act; and they shall deliver thereafter to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. Also, at such time, the board of registrars and the office of chief registrar of Haralson County shall be abolished.
SECTION 8. The chairperson of the board shall be the chief executive officer of the board and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction.
SECTION 9. The board shall be authorized to employ such full-time and part-time employees, including a full-time chief clerk, as the board shall deem necessary. No member of the board shall serve as an employee of the board. The governing authority of Haralson County shall have the right to approve the number of employees to be hired by the board.
SECTION 10. 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. With the consent of the governing authority of Haralson County, the board of elections and registration shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections.
SECTION 11. The board shall be responsible for the selection, appointment, and training of poll workers in elections; and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party. The board shall also formulate, adopt, and promulgate rules and regulations, consistent with law and the rules and regulations of the state executive committee of each political party, governing the conduct of primaries to the end that, insofar as practicable, all primaries shall be uniformly conducted by the board, poll workers shall be properly trained, and voters shall be adequately informed and instructed.

____________GEORGIA LAWS 2001 SESSION__________3937
SECTION 12. Compensation for the chairperson and other members of the board and for employees of the board shall be fixed by the governing authority of Haralson County. Such compensation shall be paid from county funds.
SECTION 13. The governing authority of Haralson County shall provide the board with proper and suitable offices and equipment.
SECTION 14. The Haralson County Board of Elections and Registration shall have the authority to contract with any municipal corporation located within the county for the holding by the board of any primary or election to be conducted within the municipal corporation.
SECTION 15. The words "election," "elector," "general election," "political party," "primary," and "public office" shall have the same meaning ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act.
SECTION 16. It shall be the duty of the governing authority of Haralson County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval.
SECTION 17. This Act shall become effective on July 1,2001, except that for purposes ofmaking initial appointments to the board, it shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.
A Resolution to Create a Board of Elections and Registration for Haralson County, Georgia
Requesting that the Georgia General Assembly create a board of elections and registration for Haralson County and that such legislation take effect at a certain time; and for other purposes.
WHEREAS, there exists a need in Haralson County for a board of elections and registration to exercise powers with respect to the conduct of primaries and elections and the registration of voters and absentee balloting procedures; and

3938 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
WHEREAS, pursuant to Official Code of Georgia Annotated Section 21-2-40 the Georgia General Assembly may by local Act create a board of elections and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures; and

WHEREAS, there exists a need for such board to be created in a timely manner; and

WHEREAS, under Official Code of Georgia Annotated Sections 1-3-4.1, a local Act which requires that a county or municipality create one or more new personnel positions the cost of which will be paid from county or municipal funds cannot become effective before the first day of January following passage of the Act, unless passage of the Act with an earlier effective date has been requested by the governing authority of the affected county of municipality and such request is evidenced by attachment of the request to the Act.

NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONER OF HARALSON COUNTY that the Georgia General Assembly is hereby requested to create a board of elections and registration for Haralson County and is hereby further requested to make such Act effective at such date earlier that January 1, 2002, as will in the judgment of the General Assembly be most responsive to the needs of Haralson County.

BE IT FURTHER RESOLVED that an appropriate copy of this resolution be transmitted to the Haralson County delegation of the Georgia General Assembly and to the Office of the Legislative Counsel of the Georgia General Assembly.

Done in open Court at the Commissioner's Meeting of Haralson County on this the 6th Day of February, 2001, and ordered spread upon the minutes of said meeting.

(Seal)

s/ Charles R. Sander, Sr. Charles R. Sander, Sr., Commissioner Haralson County, Georgia

Attest: s/ Charles B. Walker Charles B. Walker, Clerk to Commissioner

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to create a board of elections and registration for Haralson County and provide for its powers and duties; to provide for the composition of the board and the method of appointment, qualification, and terms

____________GEORGIA LAWS 2001 SESSION__________3939
ofits members; to provide for resignation, succession, and removal ofmembers and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for chairperson and the powers and duties of such chairperson; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of chairperson and members of the board; to provide for offices and equipment; to provide for the meaning of certain terms; to provide for other related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
This 19th day of February, 2001.
Is/ Thomas B. Murphy
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who on oath deposes and says that he is the Representative from the 18th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway Beacon which is the official organ of Haralson County on the following date: February 22, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) ofCode Section 28-1 -14 does not apply because the bill is an annexation bill and a copy of the bill was provided

3940 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ THOMAS B. MURPHY Thomas B. Murphy Representative, 18th District
Sworn to and subscribed before me, this 28th day of February, 2001.
s/ CATHERINE BARNETTE Notary Public, Paulding County, Georgia My Commission Expires Jan. 20, 2004 (SEAL)
Approved April 13, 2001.
CITY OF JEFFERSON - NEW CHARTER.
No. 99 (House Bill No. 826).
AN ACT
To provide a new charter for the City of Jefferson; to provide for incorporation, boundaries, and powers ofthe city; to provide for a governing authority ofsuch city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for a city manager and certain duties and powers relative thereto; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
The city and the inhabitants thereof are constituted and declared a body public and corporate under the name and style City of Jefferson, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporation boundaries.
(a) The boundaries of the city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries ofthis 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 Jefferson, 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. (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 entire map or maps which it is designated to replace.
SECTION 1.12. Municipal powers.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of the state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law or by the Constitution of the State of Georgia. (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. Said powers shall include, but are not limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city and to establish regulations to prohibit noise pollution; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of

3942 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance, and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditures of money for the 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 this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection ofregulatory fees and taxes on privileges, occupations, trades, and professions; as authorized by Title 48 of O.C.G.A., or other such applicable laws as are or may be hereafter enacted; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes for fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedure for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary; to deal with or meet such an emergency for the protection, safety, health, or well-being ofthe citizens ofthe city; (9) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement ofair quality, the restoration and maintenance ofwater resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (10) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the 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 violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and

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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; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (15) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (16) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (17) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (18) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (19) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (20) Municipal property protection. To provide for the preservation and protection ofproperty and equipment ofthe city and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (21) 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 plants, cable television and other telecommunications; transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to install and operate any of its utilities inside and outside its corporate limits in Jackson County, Georgia; and to install and operate any of its utilities in adjoining

3944 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
counties pursuant to existing and future franchise agreements or utility supply contracts; (22) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and fire-fighting agency; (26) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. 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, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (28) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts or impose taxes on public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission, and to own and operate its own franchise for the delivery of such services including cable television and related services; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish, or change

___________GEORGIA LAWS 2001 SESSION__________3945
the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits ofthe city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (36) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms, to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (38) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (41) Water fee. To levy a fee, charge, or water tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a water plant; to levy on those to whom water systems are made available a water service fee, charge, or tax for the availability or use of the water; to provide for the manner and method of collecting such service charge and for enforcing payment of the same; and to charge, impose, and collect a water connection fee or fees to those connected with the system;

3946 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
(42) Urban redevelopment. To organize and operate an urban redevelopment program; and (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare ofthe city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated 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; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.13. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
SECTION 2.10. City council creation; composition; number; election.
(a) 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 councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. All elected officers shall commence service on January 1 following their respective elections. (b) The five council posts shall represent Wards 1, 2, 3, 4, and 5 of the City of Jefferson according to the ward designation and description now in effect for the City of Jefferson and more definitely set forth on the "Official Map of the City of Jefferson," which map may from time to time be amended by law or ordinance and which shall be maintained by the city clerk. These posts shall be filled only from votes cast by electors who reside within the respective wards. (c) Those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law.
SECTION2.il. City council terms and qualifications for office.
(a) The members of the city council shall serve for terms of four years and until

____________GEORGIA LAWS 2001 SESSION__________3947
their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident ofthe city for 12 months immediately prior to the date of the election of mayor or members ofthe city council; and each shall continue to reside therein during his or her period of service and be registered and qualified to vote in municipal elections of the city. (b) Candidates for those posts designated to represent Wards 1,2,3,4, and 5 must at the time of qualification and during their term of service reside within the respective ward which each seeks to represent. (c) The mayor may reside anywhere within the City ofJefferson, but must continue to reside within the City of Jefferson during that person's term, or that office shall become vacant.
SECTION 2.12. Vacancies in office.
(a) The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted, or the failure of any councilmember to continue to reside or the mayor's failure to reside within that member's respective ward in the City of Jefferson. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Holding other office; voting when personally interested.
(a) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which he or she was elected or during the period when he or she is seeking office following qualification. (b) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (c) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's

3948 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
office or position. (d) Neither the mayor nor any member of the city council shall vote upon or sign any ordinance, resolution, contract, or other matter in which he or she is personally interested.
SECTION 2.15. Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and, for this purpose, may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority.
Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city.
SECTION 2.17. Eminent domain.
The city 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, and charitable, educational, recreational, sport, curative, corrective, detentionai, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under genera! law applicable now or as provided in the future.
SECTION 2.18. Organization.
The mayor and city council shall hold an organizational meeting during the last week of December following each municipal election. In the event both the mayor and the mayor pro tempore are serving terms of office which are to expire December 31 of that election year, the meeting shall be called to order by the city clerk, and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) ofthis 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."

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SECTION 2.19. 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 ofthe city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember 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 councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other applicable laws as may hereafter be enacted.
SECTION 2.20. Procedures.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions ofthis charter and shall provide for keeping ajournal of its proceedings which shall be a public record. The rules of procedure adopted shall not expand or restrict any powers assigned to the mayor and councilmembers by this charter. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve as the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Voting.
Four councilmembers (including the mayor) shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of councilmembers present at an official meeting shall be required for adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote.

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SECTION 2.22. Ordinances.
(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Jefferson" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 2.23. Effect of ordinances.
Acts of the city council which have the force and effect of law shall be enacted by ordinance. All other matters of business shall be considered in the form of a resolution.
SECTION 2.24. Emergency.
To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and described 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 councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

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SECTION 2.25. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.26. Codification of ordinances.
(a) The city clerk shall authenticate by signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain 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 Jefferson, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to code of technical regulations and other rules and regulations include in the code.
SECTION 2.27. City manager; appointment; qualifications; compensation.
The city council shall appoint a city manager for an indefinite term and shall fix his or her compensation. The manager shall be appointed solely on the basis of his or her executive and administrative qualifications.

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SECTION 2.28. Suspension or removal of city manager.
(a) The city council may remove the manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager; (2) Within five days after a copy of the resolution is delivered to the manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The manager may file with the council a written reply not later than five days before the hearing; and (3) If the manager has not requested a public hearing within the time specified in paragraph (2) ofthis subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The manager shall continue to receive his or her salary until the effective date of a final resolution of removal. (c) The mayor and council may for disciplinary purposes suspend the city manager with or without pay for a period of up to 30 days by affirmative vote of a majority of all its members. (d) The mayor and council may designate a person or persons to perform the functions and duties of the city manager during his or her absence, disability, or suspension. Vacancies in the office of city manager shall be filled by the mayor and council as early as practicable, and, until such vacancy is filled, the mayor and council shall have full powers to make a temporary appointment of a qualified person to perform the functions and duties of this office.
SECTION 2.29. Acting city manager.
By letter filed with the city clerk, the manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during his or her temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or the manager's disability shall cease.

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SECTION 2.30. Powers and duties of the city manager.
The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in his or her charge by or under this charter. The city manager shall have the following powers and duties:
(1) The city manager shall have the power to appoint, and when he or she deems it necessary for the good of the city, suspend, or remove all city employees and administrative officers he or she appoints, and all other employees of the city, except the city attorney, city judge, and members of the boards and commissions, who shall be appointed by the mayor and council. In suspending and removing employees, the city manager shall have authority to do so without consent of the mayor and council but must keep the mayor and council advised of any actions deemed necessary. The city manager may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) The city manager shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) The city manager shall attend all city council meetings and shall have the right to take part in discussion but may not vote; (4) The city manager shall see that all laws, provisions of this charter, and ordinances of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) The city manager shall prepare and submit the annual operating budget and capital budget to the city council; (6) The city manager shall submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) The city manager shall make such other reports as the city council may require concerning the operation of city departments, offices, and agencies subject to his or her direction and supervision; (8) The city manager shall keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as he or she deems desirable; (9) The city manager shall perform other such duties as are specified in this charter or as may be required by the city council; (10) The city manager shall supervise the performance of all contracts made by any person for work done for the City of Jefferson and be the purchasing agent of materials and supplies for the city under such rules and regulations as may be imposed by the mayor and council; and

3954 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(11) The city manager shall perform such other duties as may be prescribed by this charter or required by ordinance or resolution ofthe mayor and council.
SECTION 2.31. Council interference with administration.
Except for the purpose of inquiries and investigations under Section 2.15 of this charter, or other inquiries and investigations initiated by action of the mayor and council, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 2.32. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four 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 the city for at least 12 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 councilmembers. The compensation of the mayor shall be established in the same manner as for councilmember. The mayor shall be elected by the vote of the voters within all five wards.
SECTION 2.33. Mayor pro tempore.
By a majority vote, the city council shall elect a council member to service as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence. Any such disability or absence shall be declared by a majority vote of the city council.
SECTION 2.34. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to make affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council only in event of a tie and be

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counted toward a quorum as any other councilmember; (6) Fulfill such other executive and administrative duties as the city council shall by ordinance establish; and (7) Represent the city in intergovernmental relations.
ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL
AUTHORITY, AND ORDINANCES SECTION 3.10. Department heads.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions ofemployment, departments, and agencies ofthe city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors or departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of the department or agency. (e) All appointed officers and directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. All appointed officers and directors shall be employees at-will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance.
SECTION3.il. Boards.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other.appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except

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as otherwise provided by this charter or by law. (e) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (f) All board members serve at-will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (g) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of his or her duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney.
SECTION 3.13. City clerk.
The city manager shall appoint a city clerk who shall not be a councilmember. 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 manager. The office of city clerk may be a part-time or full-time position.
SECTION 3.14. City accountant.
The city council shall appoint a certified public accountant to perform the duties of an independent auditor and to make an annual audit of all financial books and records of the city which shall be filed with the city.

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SECTION 3.15. Position classification and pay plans.
The city manager shall be responsible for the preparation ofa position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees ofthe city and any ofits agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected city officials are not city employees.
SECTION 3.16. Personnel policies.
All employees serve at-will and may be removed from office at any time unless otherwise provided by ordinance. The city council shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of the position, classification and pay plan, methods of promotion and applicable of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. Such personnel policies shall be recommended, directed, and administered by the city manager as personnel director of all employees of the city.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Municipal court.
There shall be a court to be known as the Municipal Court of the City of Jefferson.
SECTION4.il. Judges.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 25 years, shall be a member ofthe State Bar ofGeorgia, and shall possess all qualifications required by law. All

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judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of a majority of all of the members of the city council; otherwise, judges shall serve a term of one year, commencing and ending with the first meeting of the mayor and council held in January. (e) Before assuming office, each judge shall take an oath, given by the mayor or other officer authorized to administer oaths, that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
SECTION 4.12. Convening of court.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. The maximum punishment for offenses committed under state law shall be those limits as established by general law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizance 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 bond 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 through procedures established by general law. 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

____________GEORGIA LAWS 2001 SESSION__________3959
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 same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city, (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisance and prosecution oftraffic violations as set out in Title 40 of the O.C.G.A., including Uniform Rules of the Road. (j) The judge of the municipal court shall be authorized to appoint on behalf of the city a prosecuting attorney for the municipal court. Said attorney shall be compensated by the city. Said judge shall also be authorized to employ a court reporter for each of the court proceedings over which he or she presides with said court reporter being compensated by the city.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Jackson County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

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ARTICLE V ELECTIONS SECTION 5.10. Applicability of general law.
All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION5.il. Election of the city council and mayor.
(a) There shall be a municipal general election biennially in the odd-numbered years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and councilmembers from Wards 2 and 4 at one election and at every other election thereafter. The remaining city council seats for Wards 1,3, and 5 shall be filled at the election alternating with the first election so that a continuing body is created. The mayor and each councilmember shall serve four-year terms, or until their successors are duly elected and qualified.
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 majority.
The candidate receiving a majority of the votes cast for any city office shall be elected. If no one receives a majority of votes cast, a run-off election must be held between the two candidates that received the highest vote count as provided in Georgia law.
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance ofthe unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

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SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall by ordinance prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Jackson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; (2) By an order of the Superior Court of Jackson County following a hearing on a complaint seeking such removal brought by any resident of the City of Jefferson; (3) By recall pursuant to Georgia law; and (4) Pursuant to the terms of general law.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.

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SECTION6.il. Millage.
The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment oftaxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory fees; permits.
The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporation, cable television and other telecommunications

____________GEORGIA LAWS 2001 SESSION__________3963
companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, water or water services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. Ifunpaid, such charges shall be collected as provided in Section 6.18 ofthis charter.
SECTION 6.17. Other taxes.
This city shall be empowered to levy any other tax allowed now or hereafter by 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.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Section 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by 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 permits for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. The City of Jefferson shall have the power to file its tax fi. fas. in the Superior Court, State Court, or Magistrate Court of Jackson County and to utilize processes of garnishment to collect these taxes.

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SECTION 6.19. Borrowing.
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 laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Accounting and budgeting.
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.
SECTION 6.24. Budget ordinance.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution ofan annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and

____________GEORGIA LAWS 2001 SESSION__________3965
form of such budgets and programs.
SECTION 6.25. Operating budget.
On or before a date fixed by the city council but not later than October 1 of each year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement ofthe general fiscal policies ofthe city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as may be deemed pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.26. Adoption.
(a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than November 1 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter.
SECTION 6.27. Levy of taxes.
Following adoption ofthe operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.

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SECTION 6.28. Changes in budget.
The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes.
SECTION 6.29. Capital improvements.
(a) On or before the date fixed by the city council, but not later than October 1, the city manager shall submit to the city council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget or the budget as amended by the mayor and council. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the thirty-first day of January of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital improvements budget at any time during the fiscal year accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Audits.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
SECTION 6.31. Contracting procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and

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(3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings.
SECTION 6.32. Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale of 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 now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and delivery 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 when such exchange is deemed to be in the best interest of the city. 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. Bonds for officials.
The officers and employees of the city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION7.il. Rules and regulations.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until

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amended or repealed by the city council.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 365 days, before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Charter language on other general 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 completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.14. Definitions and construction.
(a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Severability.
In the event any action, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 7.16. Specific repealer.
An Act establishing a new charter for the City of Jefferson in the County of Jackson, approved April 17,1973 (Ga. L. 1973, p. 2887), is repealed in its entirety

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and all amendatory acts thereto are likewise repealed in their entirety.
SECTION 7.17. Effective date.
This Act shall become effective on January 1, 2002.
SECTION 7.18. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
March 2, 2001
To: Legislative Counsel State of Georgia
From: Ronald K. Hopkins City Attorney City of Jefferson, Georgia
Re: Legislation Being Introduced by Representative Pat Bell For Creation of New Charter for the City of Jefferson
This is to certify that I am the city attorney for the City of Jefferson, Georgia, and in said capacity, I was present at the regular meeting of the city council of Jefferson on February 12, 2001. At said meeting a resolution was presented to request Rep. Pat Bell to introduce local legislation at this session of the Georgia General Assembly to create a new charter for the City of Jefferson providing for the City Manager form of government. Said resolution was duly made, seconded and passed. The city council asked that I create the change to the charter to carry out their request.
On February 20,2001, the city council of Jefferson met in special called session to consider the new charter which I had prepared. After consideration of the charter as prepared by me, a resolution was presented, duly seconded and passed that the new charter be accepted as the new charter for the City of Jefferson, and that it be presented to Representative Bell for introduction to the Georgia General Assembly for its adoption into law for the City of Jefferson effective January 1, 2002.
If you need anything further, please give me a call.
Sincerely,
s/ Ronald K. Hopkins

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Notice of Intention to Introduce Local Legislation
Notice is hereby given that legislation will be introduced during the 2001 session of the Georgia General Assembly to establish a new Charter for the City of Jefferson to provide the authority to appoint a City Manager and to establish his duties and powers and to provide all other matters relative to the foregoing and for other purposes.
This the 16th day of February, 2001.
City of Jefferson
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pat Bell, who on oath deposes and says that she is the Representative from the 25th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County on the following date: February 28, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

____________GEORGIA LAWS 2001 SESSION__________3971
s/ PAT BELL Pat Bell Representative, 25th District
Sworn to and subscribed before me, this 2nd day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CITY OF DAHLONEGA WATER AND SEWERAGE AUTHORITY - CREATION.
No. 100 (House Bill No. 830).
AN ACT
To create the City of Dahlonega Water and Sewerage Authority; to provide for a short title and definitions; to confer powers and impose duties on the Authority; to provide for the membership and the appointment of members of the Authority and their terms of office, qualifications, duties, powers, and expenses; to provide for vacancies, organization, meetings, and quorum; to provide for revenue bonds and their form, denominations, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide conditions for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for intergovernmental contracts; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for Authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3972 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. Short title.
This Act shall be known and may be cited as the "City of Dahlonega Water and Sewerage Authority Act."
SECTION 2. City of Dahlonega Water and Sewerage Authority.
(a) There is created a public body corporate and politic to be known as the "City of Dahlonega Water and Sewerage Authority," which shall be deemed to be a political subdivision of the state 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 irnpleaded, and complain and defend in all courts of law and equity. The Authority shall have perpetual existence. (b) The Authority shall consist of three members who shall be appointed by the City Council of Dahlonega, Georgia. No more than one of such members may be a member of the City Council of Dahlonega, Georgia. With respect to the initial appointment by the City Council of Dahlonega, Georgia, one member shall be appointed for a term of three years, one member shall be appointed for a term of two years, and one member shall be appointed for a term of one year. Thereafter, all appointments shall be made for terms of three years. Immediately after such appointments the members of the Authority shall enter upon their duties. Members of the Authority shall serve the terms specified and until their successors are appointed and qualified. Any vacancy on the Authority shall be filled in the same manner as the original appointment of the member whose office has become vacant and the person so appointed shall serve for the remainder of the unexpired term. To be eligible for appointment as a member of the Authority a person shall be at least 21 years of age and a resident of the City of Dahlonega, Georgia, for at least two years prior to the date of his or her appointment. No person shall be eligible for appointment to or to serve on the Authority who has been convicted of a felony or who is an employee of a utility system not operated by the Authority or the City of Dahlonega. Any member of the Authority may be selected and appointed to succeed himself or herself. (c) The appointing City Council of Dahlonega, Georgia, may provide by resolution for compensation for the services of the members of the Authority in such amounts as they may deem appropriate and may provide that such members be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the Authority shall elect one of their number as chairperson and another as vice chairperson. The members of the Authority shall also elect a secretary, who need not be a member of the Authority, and may also elect a treasurer, who need not be a member of the Authority. The secretary may also serve as treasurer. If the secretary or treasurer is not a member of the Authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified.

_____________GEORGIA LAWS 2001 SESSION__________3973
(e) Two members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the Authority.
SECTION 3. Definitions.
As used in this Act, the term: (1) "Authority" means the City of Dahlonega Water and Sewerage Authority created by this Act. (2) "Cost of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents and legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "Project" means: (A) Systems, plants, works, instrumentalities, and properties used or useful in connection with the obtaining of a water supply and the conservation, treatment, distribution, disposal, and sale of water for public and private uses and used or useful in connection with the collection, treatment, and disposal of sewage, waste water, and storm water, together with all parts of any such system, plant, work, instrumentality, and property and appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, recreational facilities adjacent to such reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and water mains, filtration works, and pumping stations and equipment; and (B) Any undertaking permitted by the Revenue Bond Law. (4) "Revenue Bond Law" means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., or any other similar law hereinafter enacted. (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (6) "Self-liquidating" means any project from which the revenues and earnings to be derived by the Authority, including but not limited to any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (7) "State" means the State of Georgia.

3974 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. 11
SECTION 4. Powers.
The Authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act, except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To combine its water facilities, storm water, and sewerage facilities into one system and to operate and maintain its facilities as such; (5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations; (6) To execute contracts, leases, agreements, and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project. Any and all persons, firms, and corporations and the state, and any institution, department, or other agency thereof, and any municipality, school district, or other political subdivision or authority of the state are hereby authorized to enter into contracts, leases, agreements, or instruments with the Authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (7) To acquire, construct, add to, extend, improve, equip, operate, and maintain projects; (8) To pay the cost of the project with the proceeds of revenue bonds or other obligations issued by the Authority, from any grant or contribution from the United States of America or any agency or instrumentality thereof, from the state or any agency or instrumentality or other political subdivision thereof, or from any other source whatsoever;

_____________GEORGIA LAWS 2001 SESSION__________3975
(9) To accept loans or grants or loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (10) To accept loans or grants or loans and grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (11) To borrow money for any of its corporate purposes and to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (12) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided that such power is not in conflict with the Constitution and laws of the state; and (13) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 5. Revenue bonds.
The Authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of revenue bonds of the Authority for the purpose of paying all or any part of the cost of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and may be redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution for the issuance of such revenue bonds.
SECTION 6. Same; form; denomination; registration; place of payment.
The Authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for registration and exchangeability privileges. The Authority shall fix the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or outside the state.

3976 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7. Same; signatures; seal.
All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the Authority and the attesting manual or facsimile signature ofthe secretary, assistant secretary, or secretary-treasurer ofthe Authority, and the official seal of the Authority shall be impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary, or secretary-treasurer of the Authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signature of such persons as at the actual time of the execution of such revenue bonds or coupons shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery.
SECTION 8. Same; negotiability; exemption from taxation.
All revenue bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the state unless the same are issued in fully registered form. All revenue bonds, or other obligations of the Authority to pay moneys, their transfer, and the income therefrom shall be exempt from all taxation within the state.
SECTION 9. Same; sale; price; proceeds.
The Authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest ofthe Authority. The proceeds derived from the sale of revenue bonds shall be used solely for any purpose provided in the resolutions and proceedings authorizing the issuance of such revenue bonds.
SECTION 10. Same; interim receipts and certificates or temporary bonds.
Prior to the preparation of any definitive revenue bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates, or temporary revenue bonds, with or without coupons, exchangeable for definitive revenue bonds upon the issuance of the latter.

_____________GEORGIA LAWS 2001 SESSION__________3977
SECTION 11. Same; replacement of lost or mutilated bonds.
The Authority may provide for the replacement of any revenue bonds or coupons which shall become mutilated or be destroyed or lost.
SECTION 12. Same; conditions precedent to issuance.
The Authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the Authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.
SECTION 13. Credit not pledged.
Revenue bonds shall not be deemed to constitute a debt of the City of Dahlonega, Georgia, nor a pledge of the faith and credit of said city, but such revenue bonds shall be payable solely from the fund provided for in this Act. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said city to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the provisions of this section. Notwithstanding the provisions of this section, this Act shall not affect the ability of the Authority and said city to enter into an intergovernmental contract pursuant to which said city agrees to pay amounts sufficient to pay operating charges and other costs of the Authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the Authority.
SECTION 14. Trust indenture as security.
In the discretion of the Authority, any issuance of revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and

3978 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys.
SECTION 15. To whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the Authority shall provide for the payment of the proceeds of the sale of the revenue 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 thereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 16. Sinking fund.
The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, fines, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the revenue bonds or in the trust indenture may provide, and such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.

____________GEORGIA LAWS 2001 SESSION__________3979
SECTION 17. Remedies of bondholders.
Any holder of revenue bonds 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 revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state, including specifically but without limitation, the Revenue Bond Law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the Authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.
SECTION 18. Validation.
Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state, and any institution, department, or other agency thereof, and any city, municipality, school district, or other political subdivision or authority of the state which has contracted with the Authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the Authority and all other defendants.
SECTION 19. Refunding bonds.
The Authority is authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions ofthis Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same shall be governed by the provisions of this Act insofar as the same may be applicable.

3980 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 20. Venue and jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Lumpkin County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions ofthis Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
SECTION 21. Interest of bondholders protected.
While any of the revenue bonds issued by the Authority remain outstanding, the powers, duties, or existence of said Authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds, nor will the state itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such revenue bonds, and upon the issuance of such revenue bonds under the provisions hereof, shall constitute a contract with the holders of such revenue bonds.
SECTION 22. Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 23. Purpose of the Authority.
Without limiting the generality of any provision of this Act, the general purpose of the Authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the maintenance and distribution ofthe same to the various entities and citizens in the City ofDahlonega, Georgia, and environs, including but not limited to other authorities located therein, and further for the general purpose of gathering and treatment of sewerage and waste, both individual and industrial. Such general purpose shall not restrict the Authority from selling and delivering water directly to consumers in those areas where there do not now exist water distribution systems or furnishing sewer facilities to such customers and areas where no municipality deems it desirable or feasible to furnish water in such locality. The Authority shall also have the

____________GEORGIA LAWS 2001 SESSION__________3981
authority, where it deems it feasible, to sell its products and services to customers, governmental agencies, or governmental instrumentalities of adjoining states, provided that the laws of the adjoining states do not prohibit or tax said activity.
SECTION 24. Rates, charges, and revenues; use.
The Authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, fines, and charges for the services, facilities, and commodities furnished, and in anticipation ofthe collection of the revenues, to issue revenue bonds as provided in this Act to finance, in whole or in part, the cost of the project, and to pledge to the punctual payment of said revenue bonds and interest thereon, all or any part of the revenues.
SECTION 25. Rules, regulations, service policies, and procedures for operation of projects.
It shall be the duty of the Authority to prescribe rules, regulations, service policies, and procedures for the operation of any project 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. The Authority may adopt bylaws in connection with the operation of any project or projects.
SECTION 26. Tort immunity.
To the extent permitted by law, the Authority shall have the same immunity and exemption from liability for torts and negligence as the City ofDahlonega, Georgia; and the officers, agents, and employees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the City of Dahlonega, Georgia, when in the performance of their public duties or work of the city.
SECTION 27. Tax-exempt status of Authority.
The properties of the Authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the Authority shall be exempt from all taxes and special assessments of any city, county, or the state or any political subdivision thereof.

3982 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 28. Effect on other governments.
This Act shall not and does not in any way take from the City of Dahlonega, Georgia, or any other county or municipality the authority to own, operate, and maintain a water system, a sewerage system, or a combined water and sewerage system, or to issue revenue bonds as provided by the Revenue Bond Law.
SECTION 29. Liberal construction of Act.
This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes of this Act.
SECTION 30. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 31. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide for the creation and establishment of a City of Dahlonega Water and Sewerage Authority and for other purposes.
This 23rd day February, 2001.
/s/ Amos Anderson Representative
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amos Amerson, who on oath deposes and says that he is the Representative from the 7th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget which is the official organ of Lumpkin County on the following date: February 28, 2001.

____________GEORGIA LAWS 2001 SESSION__________3983
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ AMOS AMERSON Amos Amerson Representative, 7th District
Sworn to and subscribed before me, this 2nd day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.

3984 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
ELBERT COUNTY - STATE COURT; JUDGE AND SOLICITOR-GENERAL; COMPENSATION.

No. 101 (House Bill No. 832).

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), an Act approved March 26, 1980(Ga.L. 1980, p. 4199), an Act approved March 27, 1985 (Ga. L. 1985, p. 4188), and an Act approved March 25, 1996 (Ga. L. 1996, p. 3587), so as to change the provisions relating to the salaries of the judge and solicitor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
An Act establishing the 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), an Act approved March 26,1980 (Ga. L. 1980, p. 4199), an Act approved March 27, 1985 (Ga. L. 1985, p. 4188), and an Act approved March 25, 1996 (Ga. L. 1996, p. 3587), is amended by striking Section 1 of that amendatory Act approved February 6, 1952 (Ga. L. 1952, p. 2211), as amended by an Act approved March 25, 1996 (Ga. L. 1996, p. 3587), and inserting in its place the following:

'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 amendatory thereof, shall

be amended by increasing the salary of the judge of said court as follows:

Effective July 1, 2001

$6,000.00 per year

Effective July 1, 2002

$3,000.00 per year

Effective July 1, 2003

$3,000.00 per year

Effective July 1, 2004

$3,000.00 per year

Said salary shall include compensation for all office expenses and shall be paid

to him or her each month out of the treasury of Elbert County.'

SECTION 2. Said Act is further amended by striking Section 3 of said amendatory Act and inserting in its place the following:

____________GEORGIA LAWS 2001 SESSION__________3985

'SECTIONS.

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 as follows:

Effective July 1, 2001

$6,000.00 per year

Effective July 1, 2002

$3,000.00 per year

Effective July 1, 2003

$3,000.00 per year

Effective July 1, 2004

$3,000.00 per year

Said salary shall include compensation for all office expenses and shall be paid

to him or her each month out of the treasury of Elbert County.'

SECTION 3. This Act shall become effective on July 1, 2001.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Sandra S. Laszlo, Esq. Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334

RE: Elbert County, Georgia/Local Legislation Concerning Salary of State Court Judge and State Court Solicitor

Dear Ms. Laszlo:

I am the County Attorney for Elbert County, Georgia. I enjoyed speaking with you yesterday. Pursuant to our telephone conversation, I am writing to confirm that, at the regular February meeting of the Board of Commissioners of Elbert County, held on February 12,2001, the Board of Commissioners approved a raise for the Judge of State Court and the Solicitor of State Court. The raise is a total of $15,000.00 for each position, and will be implemented over four years, with an increase of $6,000.00 taking effect as of July 1, 2001, and increases of $3,000.00 each taking effect in the succeeding three years, as of July 1 of each year.

The Commissioners have not yet approved minutes of the meeting, and the County Clerk has not yet prepared a draft of the minutes, but I will provide you with a draft once it has been prepared.

If you need any additional documents or information, please give me a call.

Thank you for your assistance on behalf of Representative Tom McCall and Elbert County.

3986 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____ Best regards.

Very truly yours,

RFL/lb

s/ Robert F. Leverett Robert F. Leverett

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced as the regular 2001 session of the General Assembly of Georgia a bill 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 provisions relating to the salaries of the judge and solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes.

This 20th day of February, 2001.

/s/ Tom McCall Representative, 90th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom McCall, who on oath deposes and says that he is the Representative from the 90th District and further deposes and says as follows:

(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Elberton Star & Examiner which is the official organ of Elbert County on the following date: February 28, 2001.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

_____________GEORGIA LAWS 2001 SESSION__________3987
X The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TOM MCCALL Tom McCall Representative, 90th District
Sworn to and subscribed before me, this 2nd day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
HENRY COUNTY - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM.
No. 102 (House Bill No. 834).
AN ACT
To provide a homestead exemption from Henry County school district ad valorem taxes for educational purposes in the amount of $20,000.00 for residents of that school district who are 62 years of age but below 65 years of age, $80,000.00 for residents of that school district who are 65 years of age but below 68 years of age, $120,000.00 for residents of that school district who are 68 years of age but below 70 years of age, and for the full value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3988 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
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 Henry County school district, including, but not limited to, taxes to retire school bond indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
SECTION 2. (a) Each resident ofthe Henry County school district who is at least 62 years ofage but below 65 years of age on or before January 1 of the year in which application for exemption under this Act is made or any year subsequent to the making of such application is granted an exemption on that person's homestead from all Henry County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of that homestead. (b) Each resident of the Henry County school district who is 65 years of age but below 68 years of age on or before January 1 of the year in which application for exemption under this Act is made or any year subsequent to the making of such application is granted an exemption on that person's homestead from all Henry County school district ad valorem taxes for educational purposes in the amount of $80,000.00 of the assessed value of that homestead. (c) Each resident of the Henry County school district who is 68 years of age but below 70 years of age on or before January 1 of the year in which application for exemption under this Act is made or any year subsequent to the making of such application is granted an exemption on that person's homestead from all Henry County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of that homestead. (d) Each resident of the Henry County school district who is 70 years of age or older on or before January 1 of the year in which application for exemption under this Act is made or any year subsequent to the making of such application is granted an exemption on that person's homestead from all Henry County school district ad valorem taxes for educational purposes for the full value of that homestead. (e) A person shall not receive the homestead exemption granted by this Act unless the person or person's agent files an affidavit with the tax commissioner of Henry County giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption. (f) The value of the homestead in excess of the exempted amount shall remain subject to taxation.

____________GEORGIA LAWS 2001 SESSION__________3989
SECTION 3. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the applicant occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (e) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Henry County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 4. (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. (b) The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Henry County school district ad valorem taxes for educational purposes.
SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2002.
SECTION 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Henry County school district for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. 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 Henry County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides staggered homestead exemptions in amounts ranging from $20,000.00 to the full value of
NO ( ) the property from Henry County school district ad valorem taxes for educational purposes for that school district for certain residents of that school district who are 62 years of age or older?"
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 onehalf of the votes cast on such question are for approval of the Act, then Sections 1 through 5 of this Act shall become of full force and effect on January 1, 2002, and shall be applicable to all taxable years beginning on or after January 1, 2002. If Sections 1 through 5 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 5 of this Act shall not

3990 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Henry County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 7. Except as otherwise specified in Section 6 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intent to Introduce Local Legislation
Notice is hereby given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide a homestead exemption from Henry County school district ad valorum taxes for educational purposes in the amount of $20,000.00 for residents of that school district who are 62 years of age but below 65 years of age, $80,000.00 for residents of that school district who are 65 years of age but below 68 years of age, $120,000.00 for residents of that school district who are 68 years of age but below 70 years of age, and for the full value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 27th day of February, 2001
Steve Cash State Representative, District 108
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Cash, who on oath deposes and says that he is the Representative from the 108th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Henry County Record which is the official organ of Henry County on the following date: March 1,2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

____________GEORGIA LAWS 2001 SESSION__________3991
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
_____ The notice requirement ofsubsection (b) ofCode Section 28-1 -14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ STEVE CASH Steve Cash Representative, 108th District
Sworn to and subscribed before me, this 2nd day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CITY OF COMER - MAYOR AND COUNCIL; VACANCIES.
No. 103 (House Bill No. 835).
AN ACT
To amend an Act creating and incorporating the City of Comer, approved August 20,1913 (Ga. L. 1913, p. 728), as amended, particularly by an Act approved March

3992 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
24, 1988 (Ga. L. 1988, p. 4641), so as to change the provisions relating to filling vacancies in the office of mayor or councilperson; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating and incorporating the City of Comer, approved August 20, 1913 (Ga. L. 1913, p. 728), as amended, particularly by an Act approved March 24,1988 (Ga. L. 1988, p. 4641), is amended by striking subsection (c) of Section 4 of said Act and inserting in its place the following:
*(c) In the event that the office of mayor or councilperson becomes vacant for any reason other than expiration ofterm, said vacancy shall be filled by a special election, provided that for any vacancy occurring with less than 12 months remaining to serve as of the date of the vacancy, the city council or those remaining shall appoint a successor for the remainder of the term.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
RESOLUTION
BE IT RESOLVED BY THE COUNCIL AND MAYOR OF THE CITY OF COMER, AS FOLLOWS:
The Mayor and City Council of the City of Comer, Georgia hereby resolves that the act providing a Charter for the City of Comer, as approved August 20, 1913 (Georgia Laws 1913, Page 728), as amended at Georgia Laws 1988, Page 4642-43 and as otherwise amended, be further amended by the General Assembly of Georgia by striking Section 4(c) relating to vacancies on the City Council, and inserting in its place the following:
"SECTION 4. "(c) In the event that the office of Mayor or Councilperson becomes vacant for any reason other than expiration of term, said vacancy shall be filled by a special election; provided that, for any vacancy occurring with less than 12 months remaining to serve as of the date of vacancy, the City Council or those remaining shall appoint a successor for the remainder of the term."
So Resolved, Passed and Approved this 5th day of December, 2000, at a meeting of the Mayor and Council of the City of Comer, Georgia.
J. Christopher NeSmith s/ J. Christopher NeSmith, Mayor, City of Comer

____________GEORGIA LAWS 2001 SESSION__________3993
Attest:
Elaine McGee s/ Elaine McGee, City Clerk
Approved as to Legal Form: Victor Y. Johnson s/ Victor Y. Johnson, City Attorney
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act creating and incorporating the City of Comer, approved August 20, 1913, (Ga. L. 1913, p. 728), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 464),; and for other purposes.
This 27th day of February, 2001.
Ralph T. Hudgens
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph T. Hudgens, who on oath deposes and says that he is the Representative from the 24th District and further deposes and says as follows:
(1) That the attached 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: March 2, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

3994 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
_____ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ RALPH T. HUDGENS Ralph T. Hudgens Representative, 24th District
Sworn to and subscribed before me, this 2nd day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CITY OF CANTON - HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.
No. 104 (House Bill No. 836).
AN ACT
To provide for a homestead exemption from all City of Canton ad valorem taxes for municipal purposes in the amount of $112,000.00 of the assessed value of the homestead for certain residents of that city who are 62 years of age or older or disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

_____________GEORGIA LAWS 2001 SESSION__________3995
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Canton including, but not limited to, taxes to pay interest on and to retire bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Senior citizen" means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of the City of Canton who is a senior citizen or who is disabled is granted an exemption on that person's homestead from all City of Canton ad valorem taxes for municipal purposes in the amount of $ 112,000.00 of the assessed value of that homestead. The value of the property in excess of such exempted amount shall remain subject to taxation. (c)(l) In order to qualify for the disability exemption provided for in subsection (b) of this section, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an affidavit and application with the governing authority of the City of Canton, or the designee thereof, giving:
(A) The person's age; (B) If disabled, the certificate or certificates required by paragraph (1) of this subsection; and (C) Such information relative to receiving such exemption as will enable the governing authority of the City of Canton, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption. (d) The governing authority of the City of Canton, or the designee thereof, shall provide affidavit and application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, affidavit, and certificate, if required, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Canton, or the designee thereof, in the event that person for any reason becomes

3996 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county school district ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to ad valorem taxes for municipal purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2002.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Canton shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Canton for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose ofthe election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from all City of Canton ad valorem taxes for municipal purposes in
NO ( ) the amount of $112,000.00 of the assessed value of the homestead for certain residents of that city who are 62 years of age or older or disabled?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection oi 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 on January 1,2002. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 ofthis Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Canton. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

____________GEORGIA LAWS 2001 SESSION__________3997
Notice is hereby given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide for a referendum to grant a homestead exemption from the City of Canton ad valorem taxes in the amount of $112,000 ofthe assessed value ofthe property to citizens 62 years ofage and older and to permanently disabled property owners.
For information regarding this legislation, please contact Diana Threewit, City Clerk City of Canton, 687 Marietta Hwy. Canton, GA 30114, 770-704-1520 or Representative Steve Stancil 508 Legislative Office Bldg. Atlanta GA 30334, 404-656-0213.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Stancil, who on oath deposes and says that he is the Representative from the 16th District and further deposes and says as follows:
(1) That the attached 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: March 2, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1 -14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

3998 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ STEVE STANCIL Steve Stancil Representative, 16th District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
CITY OF FARGO - CORPORATE LIMITS.
No. 105 (House Bill No. 838).
AN ACT
To amend an Act providing a new charter for the City of Fargo, approved April 1, 1992 (Ga. L. 1992, p. 5183), 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 providing a new charter for the City of Fargo, approved April 1, 1992 (Ga. L. 1992, p. 5183), is amended by striking subsection (b) of Section 1.11 of said Act and inserting in its place the following:
"(b) The corporate limits of the City of Fargo shall include: all that tract of land lying and being within land lots 270,271,321,322,323, and 345 of the 13th land district of Clinch County, Georgia. Begin at a point where the southern boundary of land lot 323 intersects the centerline of the Suwannee River. Said point is the southeastern corner and the point and place of beginning for the City Limits of Fargo, Georgia. Thence proceed westerly along the southern boundary of said lot 323 to the southwest corner of said lot. Thence, proceed in a southerly direction along the eastern boundary of land lot 345 for a distance of 1,320 feet. Thence, proceed westerly and parallel with the northern boundary of said lot 345 to the point where said line intersects the western boundary of said lot 345. Thence, proceed northerly along the western boundary of said lot 345 a distance of 1320 feet to the northwest corner of said lot 345. Thence proceed westerly along the southern boundary of land lot 321 to the point where said line intersects the centerline of Suwanoochee Creek. Thence, proceed northerly along the run

_____________GEORGIA LAWS 2001 SESSION__________3999
of said creek to a point where the western boundary of land lot 271 intersects the centerline of said Suwanoochee Creek. Thence, proceed North along western boundary of land lot 271 to the Northwest corner of land lot 271. Thence, proceed east along northern boundary of land lot 271 to the northeast corner of land lot 271. Thence proceed east along northern line of land lot 270 to a point where highway 441 intersects the northern boundary of land lot 270. Thence, proceed in a southeasterly direction along highway 441 to a point where an eastwest Mid-lot line, dividing lot 170 into equal halves, intersects said highway. Thence, proceed easterly along said mid-lot line to the eastern boundary of land lot 270. Thence, proceed southerly to a point where the eastern boundary of land lot 270 intersects the Suwannee River. Thence proceed along the run of said river to the point and place of beginning.*
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia, a bill to amend an Act providing a new charter for the City of Fargo, approved April 1, 1992 (Ga. L. 1992, p. 5183); and for other purposes.
This 21 day of February, 2001.
Patricia C. Oettmeier Mayor, City of Fargo
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Shaw, who on oath deposes and says that he is the Representative from the 176th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Clinch County News which is the official organ of Clinch County on the following date: February 28, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

4000 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JAY SHAW Jay Shaw Representative, 176th District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
LAMAR COUNTY - BOARD OF EDUCATION; COMPENSATION; EXPENSES.
No. 106 (House Bill No. 840).
AN ACT
To amend an Act providing for the election of members of the Board of Education of Lamar County, approved March 31, 1971 (Ga. L.I971, p. 2710), as amended, particularly by an Act approved November 3, 1987 (Ga. L. 1987, p. 3740), and by an Act approved March 30,1992 (Ga. L. 1992, p. 5094), so as to provide a method of compensating the members of the Board of Education of Lamar County; to provide for the reimbursement of expenses incurred by board members for travel

_____________GEORGIA LAWS 2001 SESSION__________4001
outside of the county; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the election of members of the Board of Education of Lamar County, approved March 31,1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved November 3, 1987 (Ga. L. 1987, p. 3740), and by an Act approved March 30,1992 (Ga. L. 1992, p. 5094), is amended by inserting at the end of Section 1 a new subsection (d) to read as follows:
*(d) Each member of the Board of Education of Lamar County shall be compensated in an amount not to exceed $200.00 per diem for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by the board, but not to exceed three days or $600.00 for any one month. The chairperson of the Board of Education of Lamar County shall be compensated in an amount not to exceed $250.00 per diem for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by the board, but not to exceed three days or $750.00 for any one month. In addition, each member of the board shall be entitled to reimbursement for actual expenses necessarily incurred in connection with travel outside Lamar County on official business of the board of education, including, but not limited to, attending training sessions or state-wide meetings at the rate authorized for state employees; provided, however, that this travel is authorized by a majority vote of the members of the board of education prior thereto and limited to those sums specified by board of education policy. All expenses shall be approved and verified prior to reimbursement in such manner as may be specified by the board. Each board member shall be entitled to participate in any school district group insurance plan to the extent 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 such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
LAMAR COUNTY BOARD OF EDUCATION BARNESVILLE, GEORGIA
Resolution
Be it resolved that the members of the Lamar County Board of Education

4002 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
respectfully request their local delegation to the General Assembly of Georgia to introduce local legislation in the form attached to this Resolution which will provide for compensation of $200 per diem for each member of the Board of Education and $250 per diem for the Board Chair with a maximum of three meetings per month, and for reimbursement for expenses incurred while carrying out their duties as the members of the board at the rate authorized for State employees, as shown upon a draft of a proposed local Act attached to this Resolution.

So resolved this 11 day of December, 2000.

Lamar County Board of Education
Attest: /s/ Dr. Chamberlain Superintendent

By: /s/ Horace A. Hightower Board Chair

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Lunsford, who on oath deposes and says that he is the Representative from the 109th District and further deposes and says as follows:

(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Herald Gazette which is the official organ of Lamar County on the following date: February 27, 2001.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

_____________GEORGIA LAWS 2001 SESSION__________4003
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JOHN LUNSFORD John Lunsford Representative, 109th District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13,2001.
TALBOT COUNTY - BOARD OF COMMISSIONERS; COMPENSATION.
No. 107 (House Bill No. 846).
AN ACT
To amend an Act changing the compensation of the members of the board of commissioners of Talbot County, approved February 5, 1953 (Ga. L. 1953, p. 2188), as amended, particularly by an Act approved March 30,1989 (Ga. L. 1989, p. 4366), so as to change the compensation of the members of the board of commissioners of Talbot County; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act changing the compensation of the members of the board of commissioners of Talbot County, approved February 5, 1953 (Ga. L. 1953, p. 2188), as amended, particularly by an Act approved March 30,1989 (Ga. L. 1989, p. 4366), is amended by striking from Section 1 thereof the following:
"$4,800.00 per annum", and inserting in lieu thereof the following:
"$7,200.00 per annum", so that when so amended said Section 1 shall read as follows:

4004 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
'SECTION 1. The members of the board of county commissioners of Talbot County shall be compensated in the amount of $7,200.00 per annum, to be paid from the general funds of Talbot County in equal monthly installments.'

SECTION 2. This Act shall become effective on January 1, 2002.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

RESOLUTION INTENTION TO INTRODUCE LOCAL LEGISLATION AMENDING AN ACT CHANGING BOARD OF COMMISSIONERS COMPENSATION

STATE OF GEORGIA TALBOT COUNTY

WHEREAS, the Talbot County Board of Commissioners met Monday, January 8, 2001 in their regular scheduled Board meeting and voted to introduce at the regular 2001 session of the General Assembly of Georgia their intention to increase their annual compensation from $4800.00 to $7200.00;

RESOLVED this the 8th day of January 2001.

Velton Harmon s/ Velton Harmon, Chairman

Freeman Montgomery s/ Freeman Montgomery, Vice Chairman

Ken Chapman s/ Ken Chapman, Commissioner

Samuel L. Sizemore s/ Samuel L. Sizemore

Attest:

Robert Lanier s/ Robert Lanier

Sandra Higginbotham s/ Sandra Higginbotham County Clerk

_____________GEORGIA LAWS 2001 SESSION__________4005
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend the Act changing the compensation of the members of the Board of Commissioners of Talbot County, approved February 5th, 1953 (Ga. L. 1953, p. 2188), as amended, and for other purposes.
This is the 21 st day of February 2001.
Representative Carolyn F. Hugley, 133rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carolyn Hugley, who on oath deposes and says that she is the Representative from the 133rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Talbotton New Era which is the official organ of Talbot County on the following date: February 23, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

4006 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
s/ CAROLYN HUGLEY Carolyn Hugley Representative, 133rd District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
CITY OF ROME - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM.
No. 108 (House Bill No. 847).
AN ACT
To amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, approved March 25, 1986 (Ga. L. 1986, p. 4530), as amended, so as to provide for a homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00; to provide for a homestead exemption for persons who are 65 years of age or older regardless of income; to change certain definitions; to specify the terms, conditions, and procedures relative to the exemptions; to provide for a referendum, effective dates, applicability, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, approved March 25, 1986 (Ga. L. 1986, p. 4530), as amended, is amended by striking paragraphs (3) and (3.1) of Section 1 and inserting in their place the following:
"(3) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. with the additional qualification that it shall include only the homestead residence and not more than one acre of the land included in that homestead."

_____________GEORGIA LAWS 2001 SESSION__________4007
SECTION 2. Said Act is further amended by striking Sections 2,2.1, and 2.2 and inserting in lieu thereof the following:
'SECTION 2. (a) Each resident of the independent school district of the City of Rome who is at least 62 years of age but less than 65 years of age is granted an exemption on that person's homestead from all independent school district ad valorem taxes for educational purposes in the greater of the following amounts:
(1) One-half of the full value of that homestead; or (2) Ten thousand dollars of the assessed value of that homestead. (b) The homestead exemption granted by subsection (a) of this section shall only be granted if that person's income, together with the income of all members of that person's family residing within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. (c) The value of the homestead in excess of such exempted amount shall remain subject to taxation.
SECTION 2A. (a) Each resident of the independent school district of the City of Rome who is 65 years of age or older is granted an exemption on that person's homestead from all independent school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of that homestead. (b) The value of the homestead in excess of such exempted amount shall remain subject to taxation."
SECTION 3. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1,2003.
SECTION 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Rome shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the independent school district of the City of Rome for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2002, state-wide general election and shall issue the call and conduct that election as provided by general law. 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 Floyd County. The ballot shall have written or printed thereon the words:

4008 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"YES ( ) Shall the Act be approved which replaces the current homestead exemptions from City of Rome independent school district ad
NO ( ) valorem taxes for educational purposes for that school district for residents of that school district with the following: 1) For persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00, an exemption of the greater of one-half of the full value of the homestead or $10,000.00 of the assessed value of the homestead; and 2) For persons who are 65 years of age or older, an exemption of $40,000.00 of the assessed value of the homestead regardless of income?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 and 2 of this Act shall become of full force and effect on January 1, 2003, and shall be applicable to all taxable years beginning on or after January 1, 2003. If Sections 1 and 2 of this Act are not so approved or if the election is not conducted as provided in this section, then Sections 1 and 2 of this Act shall not become effective and this Act shall be immediately repealed on January 1 immediately following that election date. The expense of such election shall be borne by the City of Rome. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 5. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, approved March 25,1986 (Ga. L. 1986, p. 4530), as amended, and for other purposes. This 25 day of February, 2001.
Representative Paul E. Smith 12th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to

____________GEORGIA LAWS 2001 SESSION_________4009
administer oaths, Paul Smith, who on oath deposes and says that he is the Representative from the 12th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Rome News Tribune which is the official organ of Floyd County on the following date: January 28, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ PAUL SMITH Paul Smith Representative, 12th District
Sworn to and subscribed before me, this 28th day of February, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13, 2001.

4010 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF BLOOMINGDALE - MAYOR AND COUNCIL; ELECTIONS; QUALIFICATIONS; TERMS; OATH.
No. 109 (House Bill No. 850).
AN ACT
To amend an Act creating a charter for the City of Bloomingdale, Georgia, approved March 25, 1974 (Ga. L. 1974, p. 3439), as amended, so as to change the provisions relating to the time of municipal elections, the taking of office, the qualification of candidates, and the terms of office of the mayor and councilmembers; to provide for the taking of the oath of office and the first organizational meeting ofthe newly elected mayor and councilmembers; 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 charter for the City of Bloomingdale, Georgia, approved March 25, 1974 (Ga. L. 1974, p. 3439), as amended, is amended by striking Section 2.01 of Article II and inserting in lieu thereof the following:
'SECTION 2.01. Election of mayor and councilmembers; qualifications;
oath of office; organizational meeting.
(a) The mayor and six councilmembers elected in June of 1990, whose term normally would expire on the first day of July of 1992, shall remain in office until December 31,1993, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1993, and every fourth year thereafter, successors to such mayor and councilmembers shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day of January following their election. The candidate for mayor receiving the highest number of votes shall be deemed elected mayor, and the six candidates receiving the highest number of votes for councilmember shall be deemed elected councilmembers. Any elector having resided in the city for not less than 12 months may be qualified as a candidate by complying with the applicable provisions of Code Section 21-2-132 of the Official Code of Georgia Annotated. Each elector shall be entitled to vote for one candidate for mayor and six candidates for councilmember at each election. No informality shall invalidate such an election, provided it is conducted fairly and in substantial conformity with the requirements of this Act and the general election laws of the State of Georgia. (b) On the first Thursday after January 1 following each regular city election, the mayor and council shall hold a special meeting at which the oath of office shall

_____________GEORGIA LAWS 2001 SESSION__________4011
be administered to the mayor and councilmembers as follows: 'I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilmember as the case may be) of the 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.'
The mayor and council shall meet for organization at its first regular meeting next following the meeting at which the oath of office has been administered, (c) Any person, in order to be eligible to hold the office of mayor or councilmember must be at least 21 years of age for mayor and 21 years of age for councilmember."
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 2001 Session of the General Assembly of Georgia a bill to amend an Act creating a charter for the City of Bloomingdale, Ga., approved March 25, 1974 (Ga. L. 1974, p. 3439), as amended; and for other purposes.
This 2nd day of March, 2001.
Rep. Ron Stephens District 150
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Stephens, who on oath deposes and says that he is the Representative from the 150th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on the following date: March 3, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification

4012 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the governing authority of the affected county, municipality, or consolidated government and a copy ofsuch resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 2 8-1 -14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ RON STEPHENS Ron Stephens Representative, 150th District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CITY OF SHILOH - NEW CHARTER.
No. 110 (House Bill No. 853).
AN ACT
To provide a new charter for the City of Shiloh; to provide for incorporation, boundaries, and powers ofthe city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tern, and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for

____________GEORGIA LAWS 2001 SESSION_________4013
boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for 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:
ARTICLE 1 INCORPORATION AND POWERS; NAME
SECTION 1.10. Name.
This city and the inhabitants thereof are reincorporated by the enactment of this charter and are constituted and declared a body politic and corporate under the name and style City of Shiloh, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The corporate boundaries of this city shall be as described and set forth in Appendix A attached hereto. (b) The city council may provide for changes in Appendix A by ordinance to reflect lawful changes in the corporate boundaries.
SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (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.

4014 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 1.13. Examples of powers.
The powers of the city shall include, but not be limited to, the following: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and

____________GEORGIA LAWS 2001 SESSION__________4015
to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city 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; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to 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; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegations of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts ofthe city and to issue bonds for the purpose ofraising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, 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, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal

4016 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers; and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any buildings or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the

____________GEORGIA LAWS 2001 SESSION__________4017
roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under

4018 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.
SECTION2.il. City council terms and qualifications for office.
The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of election of mayor or members of the council. Each such official shall continue to reside in the city during that person's period of service and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; filling of vacancies.
(a) Vacancies - The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, the Official Code ofGeorgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Absence - The office of the mayor or councilmember shall be deemed to become vacant when the mayor or any councilmember shall have been absent for three consecutive regular meetings or six regular meetings in one calendar year, and

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the council shall then pass a resolution at a regular monthly meeting declaring said vacancy. (c) Filling of vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remains in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and in accordance with the Official Code of Georgia Annotated or other such laws as are or may hereafter be enacted.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Holding other office; voting when financially interested.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which that person was elected. (c) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
SECTION 2.15.
Conflicts of interest; holding other offices.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest - No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge ofthat person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those 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 that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the Official Code

4020 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II______
of Georgia Annotated, concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization or use such information to advance the financial or other private interest of the official 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 the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has a financial interest. (c) Disclosure - Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official 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 financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property - No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of elected official - Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees -No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council

____________GEORGIA LAWS 2001 SESSION_________4021
either immediately upon election or at any time such conflict may arise, (h) Penalties for Violation -
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
SECTION 2.16. Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.17. General power and authority of the city council.
Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city.
SECTION 2.18. Eminent domain.
The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city and to regulate the use thereof; and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.19. Organizational meetings.
The city council shall hold an organizational meeting on the first Tuesday in January following an election the preceding November. 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:

4022 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) 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 2.20. Regular and special meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember 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 councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted.
SECTION 2.21. Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions ofthis charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.22. Quorum; voting.
Three councilmembers shall constitute a quorum and shall be authorized to transact business ofthe city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in the charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as not voting.

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SECTION 2.23. Ordinance form; procedures.
(a) Every proposed ordinance should 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 "It is hereby ordained by the governmental authority of the City of Shiloh" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.25 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 2.24. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.25. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing 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 two councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably

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possible in accordance with Code Section 50-14-1 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted.
SECTION 2.26. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be a prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.23 ofthis charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.27 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.27. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city may specify. This compilation shall be known and cited officially as "The Code of the City of Shiloh, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

____________GEORGIA LAWS 2001 SESSION_________4025
SECTION 2.28. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.29. Mayor pro tern.
By a majority vote, the city council shall elect a councilmember to serve as mayor pro tern. The mayor pro tem. shall assume the duties and powers of the mayor during the mayor's physical or mental disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. The mayor pro tem. shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Sections 2.14 and 2.15 of this charter. The term of office for the mayor pro tem. shall be one year.
SECTION 2.30. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council only in the event of a tie vote among the councilmembers; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish; and (8) Not be counted toward a quorum at city council meetings.

4026 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers ofthe city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director or chief of each department or agency who shall be its principal officer. Each director or chief shall, subject to the direction and supervision ofthe mayor, be responsible for the administration and direction ofthe affairs and operations of that director's or chiefs department or agency. (e) All appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers, directors, and chiefs shall be employees at will and subject to suspension at any time by the mayor and removal by the city council unless otherwise provided by law or ordinance.
SECTION 3.T1. Boards, commissions, and authorities.
(a) The city council shall create, by ordinance, such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by this charter or by 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 in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself faithfully and impartially to perform the duties of that member's office,

____________GEORGIA LAWS 2001 SESSION__________4027
such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of three members of the city council, unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice chair and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
ADMINISTRATIVE OFFICERS SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney.
SECTION 3.13. City clerk.
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council.
PERSONNEL ADMINISTRATION SECTION 3.14.
Position classification and pay plans.
The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.

4028 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 3.15. Personnel policies.
All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance. All employees shall be informed by the mayor that they serve at will at the time of their first employment.
ARTICLE IV MUNICIPAL COURT
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the City of Shiloh.
SECTION4.il. Chiefjudge; associate judge.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by 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 that person shall have attained the age of 21 years, shall be a member ofthe State Bar ofGeorgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve for one-year terms ending December 31 of each year and may be reappointed without limitation. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.21 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $1,000.00 or 180 days

_____________GEORGIA LAWS 2001 SESSION__________4029
in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (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 that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and 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 same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Harris County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

4030 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION5.il. Election of the city council and mayor.
(a) There shall be a municipal general election every four years beginning on the Tuesday next following the first Monday in November, 2003. (b) There shall be elected the mayor and four councilmembers at one election and at every other election thereafter. The council positions shall be designated as Mayor, Council Post 1, Council Post 2, Council Post 3, and Council Post 4. (c) The city council shall appoint a city superintendent of elections pursuant to Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," or such other applicable laws as are or may hereafter be enacted.
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 designations.
SECTION 5.13. Plurality elections.
The person receiving a plurality of the votes cast for any city office shall be elected.
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor

____________GEORGIA LAWS 2001 SESSION_________4031
for the remainder ofthe term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," as now or hereafter amended, or such other applicable laws as are or may hereafter be enacted.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," or such other applicable laws as are or may hereafter be enacted.
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this paragraph shall have the right of appeal from the decision of the city council to the Superior Court of Harris County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Harris County following a hearing on a complaint seeking such removal brought by any resident of the City of Shiloh.
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 operation of the city government, of providing governmental services, for the repayment ofprincipal and interest on general obligations, and for

4032 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any other public purpose as determined by the city council in its discretion.
SECTION6.il. Millage rate; due dates; payment methods.
The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory fees; permits.
The city council, by ordinance, shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the

____________GEORGIA LAWS 2001 SESSION_________4033
purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable televisions and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. Ifunpaid, such charges shall be collected as provided in Section 6.18 ofthis charter.
SECTION 6.17. Construction; other taxes and fees.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution offi.fa. 's; creation and priority ofliens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer tax executions.

4034 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and must repay-such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Lease-purchase contracts.
The city may enter into multiyear lease, purchase or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which is may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. 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.
SECTION 6.24. Preparation of budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement

_____________GEORGIA LAWS 2001 SESSION__________4035
plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25.
Submission of operating budget to city council.
On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.26. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing fiscal year not later than December 31 ofeach year. Ifthe 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 monthto-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant of Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues,

4036 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council, by ordinance, may make changes in the appropriations contained in the current operating budget at any regular meeting or any special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Capital budget.
(a) On or before the date fixed by the city council but no later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means offinancing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.25 of this charter. (b) The city council shall adopt, by ordinance, the final capital budget for the ensuing fiscal year not later than December 31 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent audit.
There shall be an annual independent audit or required procedures act report of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit or required procedures act report shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.

_____________GEORGIA LAWS 2001 SESSION__________4037
PROCUREMENT AND PROPERTY MANAGEMENT SECTION 6.31.
Contracting procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter.
SECTION 6.32. Centralized purchasing.
The city council shall, by ordinance, prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of city property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place ofthe city, a small parcel or tract of land is cut offor separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. 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.

4038 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION7.il. Existing ordinances, resolutions, rules, and regulations.
Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for one year from the effective date of this charter. During such one-year period, the city council shall review all such provisions and shall readopt, repeal, or amend each, so that a codification as provided by subsection (b) of Section 2.26 of this charter is accomplished.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and appointed officers of city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine,

GEORGIA LAWS 2001 SESSION

4039

and vice versa.

SECTION 7.15. Effective date.

This charter shall become effective on July 1, 2001.

SECTION 7.16. Specific repealer.

An Act incorporating the City of Shiloh in the County of Harris, approved February 14, 1961 (Ga. L. 1961, p. 2045 ), is repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 7.17. General repealer.

All laws and parts of laws in conflict with this Act are repealed.

Appendix A The boundaries or corporate limits of said city shall be and are defined as follows:

Tract I: ALL that territory and the inhabitants thereof embraced and contained within Land Lot numbered 113 ofthe Second Land District of Harris County, Georgia and Land Lots 294, 283, 258, 247 and 222 of the Twenty-Second Land District of Harris County, Georgia.

Tract II: ALL that tract or parcel of land lying and being in the 22nd Land District of Harris County, Georgia, and being a part of Land Lot No. 284 according to a plat of survey dated the 10th day of July, 1986, by R. V. Haralson, Official County Surveyor for Harris County, a Political Subdivision of the State of Georgia. The aforesaid plat is recorded in Plat Book 13 at page 167, in the Office of the Clerk of Superior Court ofHarris County, Georgia. The aforesaid plat is hereby made a part of this deed by reference thereto for a more complete description of the above described property. Said tract contains 125.29 acres, more or less.

Tract III: ALL that tract or parcel of land lying and being in Land Lots 248 and 257 of the 22nd Land District ofHarris County, Georgia containing 18.07 acres and being the identical land shown on a Plat of Survey captioned "Plat of the Property of Linda B. McDaniel, 22nd Land District, Harris County, Georgia, Located in Land Lots 248 and 257", dated June 11, 1991, prepared by Hugh P. Riley, Registered Land Surveyor and recorded in Plat Book 17 at Page 119 of the records of the Clerk of Superior Court of Harris County, Georgia, reference to which is hereby made for

4040 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
a more complete and accurate description, said property lying and being in the Town of Shiloh.
Tract IV: BEING that tract of property in the 22nd Land District of Harris County, Georgia, lying just West of the Old Shiloh Primitive Baptist Church known as the Old Chapman Place, also being all that tract or parcel of land, situate, lying and being in Land Lot 248 of the 22nd Land District of Harris County, Georgia, consisting of 25.2 acres of land, more or less, and more particularly described as follows: BEG INNING at a point on the North line of said Land Lot 248, said point being fixed 654 feet East from the original Northwest corner of said Land Lot Number 248, and extending thence Easterly along the North line of Land Lot Number 248 a distance of 824 feet; thence South 968 feet to a point on the North right of way line of the public highway known as Georgia Highway Number 116; thence Westerly and Southwesterly along said North right of way line of Georgia Highway Number 116 a distance of 1008 feet; thence North 1540 feet to the point of beginning affixed on the North line of said Land Lot Number 248. This tract of land being the sum total of the three tract of land conveyed to Clyde Chapman by the following deeds: Deed from Ray Chapman, et al, to Clyde Chapman dated in March, 1961 and recorded in Harris County, Georgia, in Deed Book 34 at page 269; Deed from Ray Chapman to Clyde Chapman dated in March, 1961 and recorded in Harris County, Georgia, in Deed Book 33 at page 519; Deed from Talmadge Chapman to Clyde Chapman dated March, 1961, and recorded in Harris County, Georgia, in Deed Book 33 at page 519. See Plat recorded Plat Book 1, page 355. The description set forth in said three deeds and plat are hereby incorporated herein for a more perfect and complete description of the tract hereby conveyed.
Tract V: BEGINNING at a point at the Northwest corner of said Land Lot 248 and go thence along the North land lot of said lot a distance of 432 feet to an iron pin located on the North land lot line of said lot which is beginning point herein, thence running South a distance of 1615 feet to an iron pin located on the North right of way of Georgia Highway No. 116, thence running East along North right of way line a distance of 240 feet to an iron pin, thence running North a distance of 1540 feet to an iron pin located on the North Land Lot 248, thence running West along said Land Lot line a distance of 226 feet to the point of beginning herein. All according to a Plat of Survey prepared by Ernest Porch dated 2/19/61 and recorded in Plat Book 1 at page 355 of the deed records of said county. BEING the identical tract of land conveyed to Julian Chapman by deed recorded March 24, 1961 in Harris County, Georgia, in Deed Book 34, at page 274. This conveyance is made subject to all valid and enforceable restrictive covenants, zoning ordinances and easements of record or in actual existence upon said property.

_____________GEORGIA LAWS 2001 SESSION__________4041
Tract VI: ALL that tract or parcel of land situate, lying and being in the 22nd Land District, Land Lot 248, being the property of Friendship Primitive Baptist Church, and being more particularly described as follows: BEGIN at the intersection of the southwest corner of the McDaniel Tract as depicted in a plat recorded Plat Book 17, page 119, Harris County records, said southwest corner being on the northern right of way of Georgia Highway 116; thence proceed North 23 degrees 01 minutes 46 seconds West a distance of 198.60 feet; thence proceed South 74 degrees 09 minutes 28 seconds West a distance of 342.05 feet; thence proceed South 01 degree 22 minutes 08 seconds East to the northern right of way of Georgia Highway 116; thence proceed in an easterly and northeasterly direction along the north right of way of Highway 116 to the point of beginning. Said tract contains 1.6 acres, more or less.
Tract VII: ALL that tract or parcel of land lying and being Sector One, Shiloh Hills Subdivision, in Land Lot 257 of the 22nd Land District of Shiloh, Harris County, Georgia as shown on a plat of survey entitled, "Plat of Sector One, Shiloh Hills, Land Lot 257, 22nd Land District, Shiloh, Harris County, Georgia", dated April 17th, 1972, prepared by Hugh Riley and Associates, Registered Land Surveyors as recorded in Plat Book 4 at page 283, Office of the Clerk, Superior Court of Harris County, Georgia, reference to which is hereby made for a more complete and accurate description.
RESOLUTION
WHEREAS, the City of Shiloh, Georgia has conducted municipal business under its current Charter since 1961, and
WHEREAS, there have been many changes in laws, regulations and court interpretations of laws and regulations since 1961 that affect the validity of certain provisions of said Charter, and
WHEREAS, the Mayor and Council of Shiloh have determined that various provisions of the current Charter do not meet the needs of the citizens of Shiloh, and
WHEREAS, the Mayor and Council of Shiloh are desirous to adopt a new City Charter which incorporates these changes and improvements,
Be it therefore resolved that the Mayor and Council of Shiloh hereby adopt the following Charter as the new Charter for the City of Shiloh; and
Be it further resolved that the Mayor and Council of Shiloh respectfully request that the Honorable Vance Smith, State Representative of Harris County, hereby introduce this new Charter during the 2001 Georgia Legislative Session as

4042 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____ Legislation of Local Application; and

Be it further resolved that said Charter shall become effective, after passage by the Georgia Legislature, on July 1, 2001.

So resolved this 5th day of December, 2000.

s/ Jack Culverson, Sr. Council member

s/ Ric Buran Council member

s/ Billy McDaniel Council member

s/ Ronnie Elliott Council member

s/ William W. White Mayor

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide a new charter for the City of Shiloh and for other purposes.
Gary Ellis Byrd Attorney for the
City of Shiloh P.O. Box 489 Hamilton, GAS 1811 (706)628-5511

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vance Smith, Jr. who on oath deposes and says that he is the Representative from the 102nd District and further deposes and says as follows:

(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County on the following date: February 1, 2001.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

____________GEORGIA LAWS 2001 SESSION__________4043
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 2 8-1 -14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ VANCE SMITH, JR. Vance Smith, Jr. Representative, 102nd District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
TOWN OF PINEVIEW - NEW CHARTER.
No. Ill (House Bill No. 899).
AN ACT
To provide a new charter for the Town of Pineview; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for

4044 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
a mayor, mayor pro tempore, and town council and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1 INCORPORATION AND POWERS
SECTION 1.10. Name.
This town and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style Town of Pineview, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of the town shall be those existing on July 1, 2001, with such alterations as may be made from time to time in the manner provided by law. The boundaries of the town 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 town clerk and to be designated, as the case may be: "Official Map or Description of the Corporate Limits ofthe Town ofPineview, Georgia." Photographic, typed, or other copies of such map or description certified by the Town of Pineview shall be admitted in evidence in all courts and shall have the same force and effect as with the original map or description. (b) The town 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 entire map or maps which it is designated to replace.

____________GEORGIA LAWS 2001 SESSION_________4045
SECTION 1.12. Powers and construction.
(a) This town shall have all powers possible for a town to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This town shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention a particular power shall not be construed as limiting in any way the powers of this town.
SECTION 1.13. Examples of powers.
(a) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (b) Appropriations and expenditures. To make appropriations for the support of the government ofthe town; to authorize the expenditure ofmoney for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the town; (c) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all building and housing trades; (d) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any town fees or taxes; (e) Condemnation. To condemn property, both inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the town and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the town; (h) Environmental protection. To protect and preserve the natural resources,

4046 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
environment, and vital areas ofthe town through the preservation and improvement of the air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (i) Fire regulations.
(1) To levy, fix, assess, and collect a fire service fee, charge, or tax for such services as may be necessary to provide for protection of lives and property from individuals, firms, and corporations residing in or doing business therein benefitting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner of collecting such service charges; and (2) To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (j) 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 said town or doing business therein and benefitting 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; (k) General health 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 town and to provide for the enforcement of such standards; (1) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (m) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (n) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the town; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (o) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the town; (p) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (q) Municipal debts. To appropriate and borrow money for the payment of debts of the town and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;

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(r) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the town; (s) Municipal property protection. To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (t) 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, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (u) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (w) Planning and zoning. To provide comprehensive town planning for development by zoning; and to provide subdivision regulation and the like as the town council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (x) Police and fire protection. To exercise the power of arrest through duly appointed police officers; and to establish, operate, or contract for a police and a fire-fighting agency; (y) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (z) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the town; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G. A. or such other applicable laws as are or may hereafter be enacted; (aa) Public peace. To provide for the prevention and punishment of intoxication, riots, and public disturbances; (bb) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (cc) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;

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(dd) Regulation ofroadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the town; and to prescribe penalties and punishment for violation of such ordinances; (ee) Retirement. To participate in established retirement plans sponsored by the state and other government related bodies for employees as deemed financially appropriate by the mayor and council; (ff) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; to grant franchises and rights ofway throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands to curb or street and to impose penalties for failure to do so; (gg) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on real estate owners to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (ii) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (jj) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (kk) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (11) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (mm) Taxicabs. To regulate and license vehicles operated for hire in the town; to

___________GEORGIA LAWS 2001 SESSION__________4049
limit the number of such vehicles; to require the owners thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (nn) Urban redevelopment. To organize and operate an urban redevelopment program; and (oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare ofthe town and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. Town council creation; number; election.
The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and five councilmembers. The town council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.
SECTION2.il.
Mayor and town council terms and qualifications for office.
The mayor and members of the town council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the town for 12 months prior to the date of election of mayor or members of the council. Each such official shall continue to reside in the town during that member's period of service and continue to be registered and qualified

4050 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
to vote in municipal elections of the town.
SECTION 2.12.
Vacancy; filling of vacancies.
(a) Vacancy. The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the council as provided in Section 5.14 of this charter.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Officers as trustees. Elected and appointed officers ofthe town are trustees and servants of the residents of the town and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest. Except as authorized by law, neither the mayor nor any councilmember shall hold any other town office or town employment during the term for which that person was elected. Neither the mayor nor any member of the town council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
SECTION 2.15.
Inquiries and investigations.
Following the adoption of an authorizing resolution, the town council may make inquiries and investigations into the affairs of the town and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the town council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the town council.
Except as otherwise provided by law or this charter, the town council shall be vested with all the powers of government of this town.

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SECTION 2.17. Eminent domain.
The town council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, cable television systems, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, correctional, detention, penal, and medical institutions, agencies, 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 condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meetings.
The town council shall hold an organizational meeting on the first regular meeting following each municipal election. The meeting shall be called to order by the town clerk and the oath of office shall be administered by the town attorney, the town clerk, or notary to any newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of(mayor) (councilmember) 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."
SECTION 2.19. Regular and special meetings.
(a) The town council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the town council may be held on call of the mayor or a minimum of three members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember 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 councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the town council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

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SECTION 2.20. Rules of procedure.
(a) The town council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the town council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum; voting.
The mayor or mayor pro tempore, town clerk, and three councilmembers shall constitute a quorum and shall be authorized to transact business ofthe town council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the town council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall not be counted as a vote.
SECTION 2.22. Ordinance form; procedure.
(a) Every proposed ordinance should be introduced in writing. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the Town of Pineview" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which they shall establish, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall within five working days distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as town council may designate.
SECTION 2.23. Action requiring an ordinance.
Acts of the town council which have the force and effect of law shall be enacted by ordinance or resolution.

____________GEORGIA LAWS 2001 SESSION_________4053
SECTION 2.24. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the town council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing such 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 councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
SECTION 2.25. Codes of technical regulations.
(a) The town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

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SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The town council shall provide for the preparation of a general codification of all the ordinances of the town having the force and effect of law. The general codification shall be adopted by the town council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the town council may specify. This compilation shall be known and cited officially as "The Code of the Town of Pineview, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the town and shall be made available for purchase by the public at a reasonable price as fixed by the town council. (c) The town council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the town 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 printed for incorporation therein. The town council shall make such further arrangements as deemed desirable with the reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.27. Election of mayor; forfeiture; compensation.
The mayor shall be elected and shall serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of the town and shall have been a resident of the town for 12 months preceding the election. The mayor shall continue to reside in this town during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmember.
SECTION 2.28. Chief executive officer.
The mayor shall be the chief executive of the town. The mayor shall possess all of the executive and administrative power granted to the town under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter.

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SECTION 2.29. Powers and duties of mayor.
As the chief executive of this town, the mayor shall: (1) See that all laws and ordinances of the town are faithfully executed; (2) Appoint and remove all officers and department heads of the town, except as otherwise provided by this charter and appoint and remove all employees in accordance with the administrative directive, personnel policy and procedures, and the employee conduct and discipline policy; (3) Exercise supervision over all executive and administrative work of the town and provide for the coordination of administrative activities; (4) Prepare and submit to the town council a recommended operating budget and capital budget; (5) Submit to the town 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 town council may request; (6) Recommend to the town council such measures relative to the affairs ofthe town, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (7) Call special meetings of the town council as provided for in subsection (b) of Section 2.19 of this charter; (8) Approve or disapprove of ordinances as provided in Section 2.30 of this charter; (9) Provide for an annual audit of all accounts of the town; (10) Require any department or agency of the town to submit written reports whenever the mayor deems it expedient; and (11) Perform such other duties as may be required by law, this charter, or by ordinance.
SECTION 2.30. Submission of ordinances to the mayor; veto power.
(a) Every ordinance adopted by the town 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 the mayor's approval or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk. If the ordinance is neither approved nor disapproved, it shall become a law at twelve o'clock Noon on the tenth calendar day after its adoption. Ifthe ordinance is disapproved, the mayor shall submit to the town council through the clerk a written statement of reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the town council at its next meeting. If the town council then or at its next meeting adopts the ordinance by an affirmative vote of three members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any

4056 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
ordinance. The approved part or parts of any ordinance making appropriations shall become law and the part or parts disapproved shall not become law unless subsequently passed by the town council over the mayor's veto as provided herein. The reduced part or parts shall be presented to the town council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.
SECTION 2.31. Mayor pro tempore; selection; duties.
By a majority vote, the town council shall elect a councilmember to serve as mayor pro tempore each year. The mayor pro tempore shall preside at all meetings of the town council and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability or absence. The town council by a majority vote shall elect a new presiding officer from among the councilmembers 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 councilmembers.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the town council by ordinance shall prescribe the functions or duties of and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the town as necessary for the proper administration of the affairs and government of the town. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the town council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.

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SECTION3.il. Boards, commissions, and authorities.
(a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function that the town council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the town shall be appointed by the town council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The town council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by this charter or by law, no member of any board, commission, or authority shall hold any elective office in the town. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner provided herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the town an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of three members of the town council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town shall elect one of its members as chair and one member as vice chair 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 may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the town, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the town.
SECTION 3.12. Town attorney.
The town council shall appoint each year 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 providing for the representation and defense of the town in all litigation in which the town is a party; may be prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the town council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs; and shall perform such other duties as may be required by virtue of the person's position as town attorney.

4058 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.13. Town clerk.
The town council shall appoint each year a town clerk who shall not be a councilmember. The town clerk shall be custodian of the official town seal and town records; maintain town council records required by this charter; and perform such other duties as may be required by the town council. No provision of this charter shall prevent the town clerk from being an employee of the town.
SECTION 3.14. Position classification and pay plan.
The town personnel board as authorized by administrative directive shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the town council for approval. Such plan shall apply to all employees of the town and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the town council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed town officials are not town employees.
SECTION 3.15. Personnel policies.
All employees are subject to the administrative directive, personnel policy, and procedures, and the provisions of said policy shall govern the appointment, status, entitlements, duties, pay class, promotion, discipline, and termination of town employees.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
There shall be one court in the town and it shall be known as "The Municipal Court of Pine view."
SECTION4.il. Chief judge; associate judge.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by 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 that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the town council and shall serve until a successor is

___________GEORGIA LAWS 2001 SESSION__________4059
appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the town council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the town council journal required in Section 2.20 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all town ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $500.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $2,500.00 or imprisonment for not more than one year or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (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 that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the town or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes.

4060 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the town and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the town.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Wilcox County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules of the court.
With the approval of the town 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 town council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the town clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
SECTION5.il. Election of town council and mayor.
(a) There shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November.

____________GEORGIA LAWS 2001 SESSION_________4061
(b) There shall be elected the mayor and two councilmembers at one election and at every other election thereafter. The remaining three town council seats shall be filled at the election alternating with the first election so that a continuing body is created. The terms of office shall begin on January 1 following the November election.
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for town offices and all names of candidates for town offices shall be listed without party designations.
SECTION 5.13. Election by plurality.
The person receiving a plurality of the votes cast for the office of mayor shall be elected. In years in which three councilmembers are elected, the three candidates receiving the highest numbers of votes cast for the office of councilmember shall be elected. In the case of a tie for the third position of councilmember, a run-off election shall be held and the person receiving a plurality of the votes cast shall be elected. In years in which two councilmembers are elected, the two candidates receiving the highest numbers of votes cast for the office of councilmember shall be elected. In the case of a tie for the second position of councilmember, a run-off election shall be held and the person receiving a plurality of the votes cast shall be elected.
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the town council or those remaining shall appoint a successor of the remainder of the term.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the town council shall by ordinance prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45

4062 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted, (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel, selected by the mayor and council, shall render a decision. In the event an elected officer is sought to be removed by the action of the town council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The town council shall provide by ordinance for the manner in which such hearings shall be held. Any elected official sought to be removed from office as herein provided shall have the right of appeal from the decision ofthe town council to the Superior Court of Wilcox County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Wilcox County following a hearing on a complaint seeking such removal brought by any resident of the Town of Pineview.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the town government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the town council in its discretion.
SECTION6.il. Millage rate; due dates; payment methods.
The town council by ordinance may establish a millage rate for the town property tax, a due date, and the time period within which these taxes must be paid. The town council by ordinance may provide for the payment of these taxes by installments or in one lump sum as well as the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation taxes and business taxes.
The town council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The town council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18

GEORGIA LAWS 2001 SESSION

4063

of this charter.

SECTION 6.13. Regulatory licenses; fees; permits.

The town council by ordinance shall have the power to require businesses or practitioners doing business within the town to obtain a permit for such activity from the town and pay a reasonable regulatory fee for such permit as provided in general law. Such fees shall reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.

SECTION 6.14. Franchises.

The town council shall have the power to grant franchises for the use of the town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The town council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by the clerk. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the town council has the authority to impose a tax on gross receipts for the use of the town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

SECTION 6.15. Service charges.

The town council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, fire services, or any other services provided or made available within and outside the corporate limits of the town for the total cost to the town of providing or making available such services. If unpaid, such fees, charges, and tolls shall be collected as provided in Section 6.18 of this charter.

4064 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.16. Special assessments.
The town council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Construction; other taxes and fees.
The town shall be empowered to levy any other tax or fee allowed now or hereafter by law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the town to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The town council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking town licenses for failure to pay any town taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The town council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20.
Revenue bonds.
Revenue bonds may be issued by the town council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.

____________GEORGIA LAWS 2001 SESSION__________4Q65
SECTION 6.21. Short-term loans.
The town may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Lease-purchase contracts.
The town may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the town at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The town 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 town government.
SECTION 6.24. Preparation of budgets.
The town council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Submission of operating budget to town council.
On or before a date fixed by the town council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the 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 pertinent comments and information. The operating budget and the capital budget herein provided for, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection.

4066 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 6.26. Action by town council on budget.
(a) The town council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The town council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of the current fiscal year. If the town 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 town council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation or allotment thereof to which it is chargeable.
SECTION 6.27.
Tax levies.
The town council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the town.
SECTION 6.28. Changes in appropriations.
The town council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or any special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29.
Capital improvements budget.
(a) On or before the date fixed by the town council, but no later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a

____________GEORGIA LAWS 2001 SESSION__________4067
proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The town council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The town council shall not authorize an expenditure for the constructing of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget except to meet a public emergency as provided in Section 2.24 of this charter, (b) The town council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the last day of the current fiscal year. No appropriation provided in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent audit.
There shall be an annual independent audit of all of the town accounts, funds, and financial transactions by a certified public accountant selected by the town council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
SECTION 6.31. Contracting procedures.
No contract with a face value exceeding $500.00 shall be binding on the town unless:
(1) It is in writing; (2) It is drawn by or submitted to and reviewed by the town attorney and, as a matter of course, it is signed by the town attorney to indicate such drafting or review; (3) It is made or authorized by the town council and such approval is entered in the town journal of proceedings pursuant to Section 2.20 of this charter; and (4) It is signed by the mayor or the mayor pro tempore.
SECTION 6.32. Centralized purchasing.
The town council shall by ordinance prescribe an administrative directive, contracting and purchasing policy, and procedures for a system of centralized purchasing for the town.

4068 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 6.33. Sale and lease of town property.
(a) The town council may sell and convey any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The town council may quitclaim any rights the town may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the town, the town council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. 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. Bonds for officials.
The officers and employees of the town, both elected and appointed, shall execute such surety and fidelity bonds in such amounts and upon such terms and conditions as the town council shall from time to time require by ordinance or as may be provided by law.
SECTION7.il. Existing ordinances, resolutions, rules, and regulations.
Existing ordinances, resolutions, rules, and regulations of this town not in conflict with this charter shall continue in force, unless amended or repealed, until June 30, 2003. Prior to that date, the town council shall review all such provisions and shall readopt, repeal, or amend each so that a codification as provided by subsection (b) of Section 2.26 is accomplished.

____________GEORGIA LAWS 2001 SESSION_________4069
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the town and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 90 days before or during which the existing town council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue, and any such ongoing work or cases shall be completed by such town agencies, personnel, or offices as may be provided by the town council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Severability.
Ifany article, section, subsection, paragraph, sentence, or part thereofofthis charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, or part thereof be enacted separately and independent of each other.
SECTION 7.16. Specific repealer.
An Act incorporating the Town of Pineview in the County of Wilcox, approved December 10, 1902, (Ga. L. 1902, p. 551), and all amendatory Acts thereto are repealed in their entirety.

4070 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 7.17. Effective date.
This charter shall become effective on July 1, 2001.
SECTION 7.18. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
RESOLUTION FOR THE CHARTER FOR CITY OF PINEVIEW
GEORGIA, WILCOX COUNTY
A resolution to provide for the adoption of a new charter for the City of Pineview, Wilcox County, Georgia
WHEREAS, by proper resolution the Council for the said City of Pineview, Wilcox County, Georgia, did vote and call for the creation of a new charter for said City, and such Charter was prepared and properly presented to the duly elected Council of said City, and
WHEREAS, on the 14th day of November, 2000, the final draft with amendments was presented to said council for its final approval, and
WHEREAS, said Council did properly consider the said proposed Charter, a copy of which is attached hereto and incorporated herein, and said Council did adopt and approve the said Charter and direct that the Mayor and Clerk take such actions as necessary to have said Charter presented to the appropriate legal body of the Georgia Legislature for adoption and to become the law of this State.
This the 14 day of Dec., 2000.
CITY OF PINEVIEW s/ Marvin Talley MAYOR
CITY COUNCIL MEMBERS: s/ Ralph Barkley s/ Earlene Mahoganey s/ Virginia S. Bailey
The Mayor and Council intend to enact a new City of Pineview Charter in accordance with Georgia Law. Prior to enactment by the Pineview Council, the Georgia General Assembly must ratify and approve the local legislation bill which will become effective upon its approval by the Governor or upon it becoming law

_____________GEORGIA LAWS 2001 SESSION__________4071
without such approval.
The City of Pineview and its inhabitants will be reincorporated by the enactment of this Charter to be effective July 1, 2001, and shall have perpetual succession.
The public is invited to review the proposed new City of Pineview Charter at City Hall during regular business hours.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. N. Hudson, who on oath deposes and says that he is the Representative from the 156th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Wilcox County on the following date: December 14, 2000.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ W. N. HUDSON W. N. Hudson Representative, 156th District

4072 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 12th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
TURNER COUNTY - CORONER; COMPENSATION; FEE SYSTEM ABOLISHED; EXPENSES; DEPUTY CORONER.
No. 112 (House Bill No. 920).
AN ACT
To abolish the present mode of compensating the coroner of Turner County, known as the fee system; to provide in lieu thereof an annual salary for the coroner; to provide for cost-of-living increases; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of the coroner's office; to provide for the 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. The present mode of compensating the coroner of Turner County, known as the fee system, is abolished, and in lieu thereof, an annual salary for such officer is prescribed as provided in this Act.
SECTION 2. (a) The coroner of Turner County shall receive an annual salary in the amount of not less than $8,500.00 and not more than $ 12,000.00 as shall be established by the board of commissioners of Turner County, payable in equal monthly installments from the funds of Turner County; provided, however, that if the state should enact by general law a salary schedule for coroners which would, but for this local Act, result in the coroner receiving a higher salary under the state law, the salary under such general law for coroners shall be the salary of the coroner of Turner County. (b) On and after January 1,2002, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase ofa certain percentage or a certain amount, the salary for the coroner

_____________GEORGIA LAWS 2001 SESSION__________4073
as set pursuant to subsection (a) of this section shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the salary of the coroner as set pursuant to subsection (a) of this section shall be increased by a percentage or an amount equal to the average percentage or average amount of the general increase in salary granted to the state employees. The periodic changes in the salary of the coroner as set pursuant to subsection (a) of this section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if such increases received by state employees become effective on January 1, such periodic changes in the salary of the coroner as set pursuant to subsection (a) of this section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. Such cost-of-living increases shall be automatic and shall not require action or approval by the board of commissioners of Turner County. (c) The deputy coroner of Turner County shall continue to receive the fees authorized in Chapter 16 of Title 45 of the O.C.G.A. for each case in which the deputy coroner performs the duties of such office.
SECTION 3. After the effective date of this Act, said coroner shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed the coroner as compensation for his or her services as coroner; 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. The provisions of this section shall not apply to fees to which the deputy coroner is entitled pursuant to this Act and general lav/.
SECTION 4, The necessary operating expenses of the coroner's office shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Turner County.
SECTION 5. In addition to compensation provided for in Section 2 of this Act, the coroner shall be reimbursed for actual and necessary expenses, including expenses for lodging and meals, incurred by such officer in carrying out his or her official duties within

4074 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
and outside the county, but within the state, including attendance at seminars or training required pursuant to Code Section 45-16-66 of the O.C.G.A.; provided, however, that the coroner shall be required to submit to the board of commissioners of Turner County an itemized, verified account of any such expenses; provided, further, that the coroner shall not be reimbursed more than $ 1,800.00 per annum for actual and necessary expenses incurred in carrying out his or her duties. When using his or her personal automobile in traveling on official business outside the county, the coroner shall be reimbursed for travel expenses at the legal mileage rate authorized under Code Section 50-19-7 of the O.C.G.A., as now or hereafter amended. All expenses provided for in this section shall be paid from the funds of Turner County. Expenses provided for in this section are in addition to any operating expenses provided for in Section 4 of this Act.
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that the undersigned will introduce in the 2001 Session of the Georgia General Assembly, local legislation relating to the compensation of and expenses of the office of the Turner County Coroner, and for other purposes.
This the 5th day of March, 2001.
Ray Holland, State Representative District 157
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray Holland, who on oath deposes and says that he is the Representative from the 157th District and further deposes and says as follows:
(1) That the attached 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: March 9, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or

_____________GEORGIA LAWS 2001 SESSION__________4075
consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ RAY HOLLAND Ray Holland Representative, 157th District
Sworn to and subscribed before me, this 13TH day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13,2001.
CITY OF ASHBURN - NEW CHARTER.
No. 113 (House Bill No. 921).
AN ACT
To provide a new charter for the City of Ashburn; to provide for incorporation, boundaries, and powers ofthe city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies,

4076 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for a city manager and certain duties and powers relative thereto; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style City of Ashbura, Georgia, and by that name shall have perpetual existence.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the City of Ashburn city hall and to be identified by the city clerk as Official Map of the Corporate Limits of the City of Ashburn, Georgia. Photographic, typed, or other copies of such map or description certified by the City ofAshburn shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

_____________GEORGIA LAWS 2001 SESSION__________4077
SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (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. Specific powers.
(a) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (b) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter or for municipalities by the laws of the State of Georgia; and to provide for the payment of expenses of the city. (c) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades. (d) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees. (e) Condemnation. To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures provided by the O.C.G.A. as the same shall exist from time to time. (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations. (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city, (h) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city through the preservation and improvement

4078 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management ofsolid and hazardous waste, and other necessary actions for the protection of the environment. (i) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof. (j) 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 ofthe city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services or to whom such services are available; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges. (k) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards. (1) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to 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. (m) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (n) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (o) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city. (p) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same. (q) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter of the laws of the State of Georgia. (r) Municipal property ownership. To acquire, dispose of, lease, option, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city. (s) Municipal property protection. To provide for the preservation and protection ofproperty and equipment ofthe city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof. (t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and

_____________GEORGIA LAWS 2001 SESSION__________4079
dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television, and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same. (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia. (w) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community. (x) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire fighting agency. (y) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public. (z) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under procedures provided by the O.C.G. A. as the same shall exist from time to time. (aa) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (bb) Public transportation. To organize and operate such public transportation systems as are deemed beneficial. (cc) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations and standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission. (dd) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, frees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances. (ee) Retirement. To provide and maintain a retirement plan for officers and employees of the city.

4080 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(ff) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, provide drainage for, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so. (gg) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sanitary sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system. (hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the same of such items. (ii) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and hearing equipment, and any other business or situation which the city may deem to be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors. (jj) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (kk) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (11) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law. (mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (nn) Urban redevelopment. To organize and operate an urban redevelopment program. (oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable

____________GEORGIA LAWS 2001 SESSION_________4081
to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provisions, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; 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 councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.
SECTION2.il. City council terms and qualifications 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 councilmember unless that person shall have been a resident ofthe city for 12 months prior to the date of election of mayor or members of the council. Each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; filling of vacancies.
(a) Vacancies The office ofmayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be

4082 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
enacted. (b) Filling of vacancies A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired terms, if any, by appointment by the remaining councilmembers if less than six months remain in the unexpired term, otherwise by an election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G. A., or other such laws as are or may hereafter be enacted.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Holding other office; voting when financially interested.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the city council.
Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city.
SECTION 2.17. Eminent domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical

_____________GEORGIA LAWS 2001 SESSION__________4083
systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meetings
The city council shall hold an organizational meeting at the first regularly scheduled meeting in January following the regular election, as provided in Section 5.11 of this charter. 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 properly perform the duties of the office of________ in and for the City of Ashburn, to the best of my knowledge, skill, and ability; that I am not the holder of any unaccounted for public money due to the State of Georgia or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, which I am by the laws of the State of Georgia prohibited from holding; that I am qualified to hold the office which I am about to enter according to the Constitution and laws of Georgia; that I will support the Constitution of the United States and the State of Georgia; that I have been a resident of the ward from which elected and the City of Ashburn for the time required by the Constitution and laws of the State of Georgia and the charter of the City of Ashburn, so help me God."
SECTION 2.19. Regular and special meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember 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 councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

4084 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 2.20. Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions ofthis charter and shall provide for keeping ajournal of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum; voting.
(a) Three members of council other than the mayor or the mayor and two councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances or resolutions shall be by voice vote, and the vote shall be recorded in the journal; but any member of the city council shall have the right to request a roll-call vote, and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall vote only in the event of a tie or when an affirmative or negative vote by the mayor constitutes a majority of three votes. An abstention shall not be counted as either an affirmative or negative vote. (b) Every ordinance, resolution, or motion passed by the city council may be subject to veto by the mayor in the following manner: The mayor, within three days, may write out his or her objection to such ordinance, resolution, or motion. The objection shall be presented to the city council at the next regularly scheduled meeting. Said objection shall be entered into the minutes, and the city council shall vote on the question as to whether said ordinance, resolution, or motion shall become adopted over said veto. Should as many as four members of the city council at the next regularly scheduled meeting following the mayor's veto vote in the affirmative, said ordinance, resolution, or motion shall stand affirmed and become effective without the approval ofthe mayor; otherwise the veto shall stand.
SECTION 2.22. Ordinance form; procedures.
(a) Every proposed ordinance should 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 "It is hereby ordained by the governing authority of the City of Ashburn," and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Except for emergency ordinances as provided for in Section 2.24 of this

____________GEORGIA LAWS 2001 SESSION__________4085
charter, all ordinances shall have two separate readings; provided, however, the council may dispense with the second reading with the unanimous consent of the members present. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 2.23. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.24. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing 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 councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law, and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
SECTION 2.25. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:

4086 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations as well as the adopting ordinance shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk's signature and record in full, in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Ashburn, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies ofthe city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes oftechnical regulations and other rules and regulations included in the code.
SECTION 2.27. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of two years and until a successor is elected and qualified. The mayor shall be a qualified elector ofthis city and shall have been a resident of the city for 12 months preceding the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.

_____________GEORGIA LAWS 2001 SESSION__________4087
SECTION 2.28. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes; and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign, as a matter of course on behalf of the city, all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (5) Veto any ordinance, resolution, or motion as provided in subsection (b) of Section 2.21 of this charter.
SECTION 2.29. Mayor pro tempore; selection; duties.
The mayor shall select a councilmember to serve as mayor pro tempore. In the mayor's absence, the mayor pro tempore shall preside at meetings of the city council and shall assume the duties and powers of mayor upon the mayor's physical or mental disability, provided that the mayor pro tempore shall vote as a member of council at all times when serving as herein provided. The mayor's appointment of mayor pro tempore shall be made at the organizational meeting held pursuant to Section 2.18 of this charter.
SECTION 2.30. City manager; appointment; qualifications; compensation.
The mayor and city council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation; provided, however, no city manager shall be appointed by less than the affirmative vote of four members of the city council or by the mayor and three members of the council. The city manager shall be appointed solely on the basis of executive and administrative qualifications.
SECTION 2.31. Removal of city manager.
The city manager is employed at will and may be summarily removed from office at any time by the mayor and city council; provided, however, the city manager may only be removed by a majority vote of four members of the city council or by the mayor and three members of the city council.

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SECTION 2.32. Acting city manager.
By letter filed with the city clerk, the city manager may designate, subject to approval of the mayor and city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during the city manager's temporary absence or physical or mental disability. During such absence or disability the mayor and city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or until the city manager's disability shall cease.
SECTION 2.33. Powers and duties of city manager.
The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall:
(1) Recommend forthe approval ofthe city council the hiring ofall employees holding the position of department head for the various departments so designated by the city council; (2) Appoint, suspend, or remove all city employees and administrative officers, other than department heads, except as otherwise provided by this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (3) Suspend or otherwise discipline all employees holding the position of department head; provided, however, any disciplinary action of a department head may be appealed to the mayor and city council. The city manager's action may be vacated, upheld, or otherwise amended by a majority vote of four members ofthe city council or by the mayor and three members ofthe city council; (4) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (5)Attend all city council meetings except for closed meetings held for the purposes ofdeliberating on the appointment, discipline, or removal ofthe city manager and have the right to take part in discussion but not vote; (6) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (7) Prepare and submit the annual operating budget and capital budget to the city council; (8) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (9) Make such other reports as the city council may require concerning the

____________GEORGIA LAWS 2001 SESSION_________4089
operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (10) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (11) Perform other such duties as are specified in this charter or as may be required by the city council.
SECTION 2.34. Department heads; appointment; qualifications; compensation.
The mayor and city council shall appoint department heads for indefinite terms and shall fix the department heads' compensation; provided, however, no department head shall be appointed by less than the affirmative vote of four members of the city council or by the mayor and three members of the city council. Department heads shall be appointed solely on the basis of executive and administrative qualifications.
SECTION 2.35. Removal of department heads.
Department heads are employed at will and may be summarily removed from office at any time by the mayor and city council; provided, however, department heads may only be removed by a majority vote of four members of the city council or by the mayor and three members of the city council.
SECTION 2.36. Council interference with administration.
Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions of duties, and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and

4090 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
government of this city. (b) Except as otherwise provided by this charter or by law, the directors of city departments and other appointed officers ofthe city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision ofthe city manager, be responsible for the administration and direction ofthe affairs and operations of that director's department or agency. (e) All appointive officers, directors, and department heads shall be employees at will and subject to removal or suspension at any time as provided by this charter.
SECTION3.il. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms ofoffice, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (e) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (f) All board members serve at will and may be removed at any time by a vote of four members of the city council unless otherwise provided by law. (g) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.

____________GEORGIA LAWS 2001 SESSION__________4091
SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney.
SECTION 3.13. City clerk.
The mayor and city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be appointed by a majority of four members of the city council or by the mayor and three members of the city council. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the mayor and city council.
SECTION 3.14. Personnel policies.
All employees shall serve at will and may be removed from office at any time; provided, however, the city council may adopt personnel policies providing for the management of city employees, including appeals from any disciplinary action to the city council.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Municipal court; creation.
There shall be a court to be known as the Municipal Court of the City of Ashburn.
SECTION4.il. Chiefjudge; associate judge.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by 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 that person shall have attained the age of 21 years, shall be a member

4092 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $ 1,000.00 or imprisonment for 180 days, or other such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (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 recognizance to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or persona! or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and 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

_____________GEORGIA LAWS 2001 SESSION__________4093
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 same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Turner 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 of municipal court shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

4094 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION5.il. Regular elections; time for holding.
Beginning in 2001 and every two years thereafter on the Tuesday following the first Monday in November, there shall be an election for city council Posts 3,4, and 5. Beginning in 2002 and every two years thereafter on the Tuesday following the first Monday in November, there shall be an election for the mayor and city council for Posts 1 and 2. The terms of office shall begin at the organizational meeting as provided for in Section 2.18 of this charter.
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 designations.
SECTION 5.13. Election by majority.
The person receiving a majority of the votes cast for any city office shall be elected.
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall appoint a successor for the remainder of the term, provided that less than six months remain in the unexpired term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of title 21 of the O.C.G. A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

_____________GEORGIA LAWS 2001 SESSION__________4095
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Turner County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Turner County following a hearing on a complaint seeking such removal brought by any resident of the city of Ashburn.
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, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECT1ON6.11. Millage rate; due dates; payment methods.
The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.

4096 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 6.13. Regulatory fees; permits.
The city council, by ordinance, shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city or regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television, and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years, and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television, and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from

____________GEORGIA LAWS 2001 SESSION__________4097
the abutting property owners under such terms and conditions as are reasonable. Ifunpaid, such charges shall be collected as provided in Section 6.18 ofthis charter.
SECTION 6.17. Construction; other taxes and fees.
The city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by 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 the personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer or 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 laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.

4098 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.22. Lease-purchase contracts.
The city may enter into multi-year lease, purchase or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. 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 the reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.24. Preparation of budgets.
The city council shall provide a ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Submission of operating budget to city council.
On or before a date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies ofthe city, the important features ofthe budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.26. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for

____________GEORGIA LAWS 2001 SESSION__________4099
all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by resolution, shall adopt the final operating budget for the ensuing fiscal year not later than the first day of the ensuing fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council, by ordinance, may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.

4100 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 6.30. Contracting procedures.
The city council, by ordinance, shall prescribe procedures for the adoption of contracts by the mayor and city council.
SECTION 6.31. Centralized purchasing.
The city council, by ordinance, shall prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.32. Sale and lease of city property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. 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. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.

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SECTION7.il. Prior ordinances.
All ordinances, resolutions, rules, and regulations now in force in the city and not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue, and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.14 Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect nor impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.

4102 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 7.16. Specific repealer.
An Act incorporating the City of Ashburn in the County of Turner, State of Georgia, approved April 9, 1981, (Ga. L. 1981, p. 4404), as amended, is hereby repealed in its entirety.
SECTION 7.17. Effective date.
This Act shall become effective on July 1, 2001.
SECTION 7.18. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
RESOLUTION NO. 01-01
WHEREAS, an act of the General Assembly was approved creating and establishing a new Charter for the City of Ashburn, (Ga. L. 1981, pp. 4404-4451), as amended; and
WHEREAS, since the adoption of the 1981 Charter the role of City government has been expanded and changed to meet the growing demands for service delivery; and
WHEREAS, the City of Ashburn intends to provide the highest quality service available to the citizens of Warwick as efficiently and effectively as possible; and
WHEREAS, in order to deliver services efficiently and effectively as possible and provide a quality local government, it is desirable to adopt a new and updated Charter for the City; and
WHEREAS, the City Council of the City of Ashburn has thoroughly reviewed a proposed new Charter prior to its adoption and recommendation to the General Assembly;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ashburn, and it is hereby resolved by authority of same:
Section 1. The City Council of the City of Ashburn does hereby recommend to the General Assembly of Georgia that the proposed Charter for the City, attached hereto as "Exhibit A," is adopted and implemented as reviewed, examined, and adopted by the Council.

____________GEORGIA LAWS 2001 SESSION_________4103
Section 2. Representative Ray Holland is respectfully requested to introduce legislation adopting this Charter after appropriate notice as provided under law.

Section 3. All resolutions or parts of resolutions in conflict herewith are repealed.

RESOLVED, this 4 day of January, 2001.

CITY OF ASHBURN

(SEAL)

By: Robert Hunnicutt s/ Mayor, Robert Hunnicutt
Attest: Sandra Strickland s/ Clerk, Sandra Strickland

Aye No

Total votes recorded

in Minutes of Meeting 5

0

Notice is given that there will be introduced at the regular 2001 session of the General Assembly ofGeorgia a bill to provide new Charter for the City ofAshburn, to provide for incorporation, boundaries, and powers of the City; to provide for a governing authority ofand the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, and powers, to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a City Attorney, a City Clerk, and other personnel; to provide for rules and regulations, to provide for a Municipal Court and judge; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorrari; to provide for elections, to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for City contracts and purchasing, to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; and for other purposes.

This 26th day of February, 2001.

Mayor and City Council, City of Asbturn

GEORGIA, FULTON COUNTY

4104 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray Holland, who on oath deposes and says that he is the Representative from the 157th District and further deposes and says as follows:
(1) That the attached 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: March 1, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ RAY HOLLAND Ray Holland Representative, 157th District
Sworn to and subscribed before me, this 13th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4105
UNION COUNTY - BOARD OF ELECTIONS; CREATION.
No. 114 (House Bill No. 798).
AN ACT
To provide for the board of elections of Union County; to provide for the rights, powers, duties, and authority of the board; to provide for appointment and terms of members; to provide for a chairperson; to provide for qualifications; to provide for appointment procedures; to provide for vacancies; to provide for resignation or removal of members; to provide for succession to certain powers and duties and to relieve the election superintendent of such powers and duties; to provide for certain oaths and privileges; to provide for compensation, offices, assistants, and employees; to provide for definitions; to provide for certain submissions; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to Code Section 21-2-40 of the O.C.G.A., there is created the board of elections of Union County which shall have jurisdiction over the conduct of primaries and elections in Union County in accordance with the provisions of this Act, which board of elections is sometimes referred to as "board" in this Act.
SECTION 2. The board of elections of Union County shall be composed of five members, each ofwhom shall be an elector and resident ofUnion County and who shall be selected in the following manner:
(1) Two members of the board shall be selected by the chairperson of the county executive committee of the political party which received the highest number of votes within the county for its candidate for President of the United States in the general election immediately preceding the appointment of the member. Each selection shall have been ratified by a majority of the members of the executive committee voting at a regularly scheduled meeting or at a meeting duly called and held for such purpose. Selected names shall be submitted to the governing authority of Union County for appointment as members of the board of elections for Union County; (2) Two members of the board shall be selected by the chairperson of the county executive committee of the political party which received the second highest number of votes within the county for its candidate for President of the United States in the general election immediately preceding the appointment of the member. Each selection shall have been ratified by a majority of the members of the executive committee voting at a regularly scheduled meeting or at a meeting duly called and held for such purpose. Selected names shall be submitted to the governing authority of Union County for appointment as

4106 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
members of the board of elections for Union County; and (3) The fifth member of the board of elections shall be appointed by the governing authority of Union County. Said member shall not be an officer or member of the executive committee of any political party at the time of such member's selection or at any time during such member's term of office as a member of the board of elections.
SECTION 3. The members of the board of elections shall elect one of the members of the board to serve as chairperson of the board.
SECTION 4. In making the initial appointments to the board, the governing authority of Union County shall appoint two members, one from each political party, for an initial term beginning on September 1, 2001, and ending on December 31, 2002, and two members for an initial term beginning on September 1, 2001, and ending on December 31, 2003. The one member appointed pursuant to paragraph (3) of Section 2 of this Act shall be appointed for an initial term beginning on September 1, 2001, and ending on December 31, 2004. Each member shall serve until a successor is appointed and qualified. Thereafter, a successor to each member of the board whose term of office is to expire shall be appointed to take office January 1 immediately following the expiration of such term and shall serve for a term of four years and until his or her successor is appointed and qualified
SECTION 5. 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's qualifying as a candidate for elective public office. Further, no immediate family member of an elected public official shall be eligible to serve as a member during the elected official's term of office.
SECTION 6. The appointment of each member shall be made by the appointing authority by filing an affidavit with the clerk of the Superior Court of Union County not later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court, shall certify the name of each appointed member to the Secretary of State, and shall provide for the issuance of appropriate commissions to the members within the same time and in a manner as provided by law for registrars. If any appointing authority does not, in conformity with this Act, certify an appointment to the board within 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, a vacancy shall be deemed to have been thereby created and the Governor, pursuant to Article V, Section II, Paragraph VIII(a) of the Constitution of the State of Georgia, shall fill that vacancy by making the

_____________GEORGIA LAWS 2001 SESSION__________4107
appointment thereto and shall certify it as provided in this section.
SECTION 7. Each member of the board shall serve until his or her successor is appointed and qualified, except in the event of resignation or removal as provided in this Act, and shall:
(1) Be eligible to succeed himself or herself and have the right to resign at any time by giving written notice of his or her resignation to the governing authority of Union County and to the clerk of the Superior Court of Union County; and (2) 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 8. In the event a vacancy occurs in the office of any member before the expiration of his or her term, by removal, death, resignation, or otherwise, the governing authority of Union County shall appoint a successor to serve the remainder of the unexpired term, in the same manner as an original appointment to such post.
SECTION 9. Before entering upon his or her duties, each member of the board shall take substantially the same oath as is required by law for registrars and shall have the same privileges from arrest.
SECTION 10. The board of elections shall, with regard to the preparation for and conduct and administration of elections and primaries, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as the same now exists or may hereafter be amended, or any other provision of law.
SECTION 11. On September 1, 2001, the election superintendent of Union County shall be relieved from all powers and duties to which the board succeeds by the provisions of this Act and shall deliver thereafter to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
SECTION 12. The board shall be responsible for the selection, appointment, and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party.

4108 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 13. The chairperson of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the executions of matters within its jurisdiction.
SECTION 14. Compensation for the members of the board of elections shall be in the same manner as registrars as prescribed in subsection (d) ofCode Section 21-2-212 ofthe O.C.G.A. Compensation for clerical assistants and other employees shall be such as may be fixed by the governing authority of Union County. Said compensation shall be paid wholly from the funds of Union County.
SECTION 15. The governing authority of Union County shall provide the board of elections with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate.
SECTION 16. The words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meaning ascribed to those words by Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as the same now exists or may hereafter be amended, unless otherwise clearly apparent from the context of this Act.
SECTION 17. It shall be the duty of the governing authority of Union County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 18. Only for purposes of making initial appointments to the board, this Act shall become effective July 1, 2001. For all other purposes, this Act shall become effective on September 1, 2001.
SECTION 19. All laws and parts of laws in conflict with this Act are repealed.
RESOLUTION R-2001-002
BE IT RESOLVED on this 12th day of February, 2001, by the Union County Commissioner, that Ralph Twiggs, introduce legislation to provide for a Board of Elections which shall have jurisdiction over the conduct of primaries and elections

____________GEORGIA LAWS 2001 SESSION_________4109 for Union County, Georgia. Such act to take effect on July 1, 2001.

ATTEST: s/ Yalonde Reese Clerk of Union County

s/ Lamar Paris Sole Commissioner Union County, Georgia

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide for a board of elections of Union County; and for other purposes.

This 19th day of February, 2001.

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 the Representative from the 8th District and further deposes and says as follows:

(1) That the attached Notice of Intention to Introduce Local Legislation was published in the North Georgia News which is the official organ of Union County on the following date: February 21, 2001.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

4110 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ RALPH TWIGGS Ralph Twiggs Representative, 8th District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
TALLAPOOSA JUDICIAL CIRCUIT - JUVENILE COURT; JUDGE; SUPPLEMENTAL EXPENSE ALLOWANCE.
No. 115 (House Bill No. 854).
AN ACT
To make provisions related to the compensation of the judge of the juvenile court of the Tallapoosa Judicial Circuit; to provide for the compensation of the judge from state funds and from funds of the counties comprising the circuit; to provide for related matters; to repeal a specific Act relating to said judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. In addition to the salary paid from state funds, as established pursuant to Code Section 15-11-18 ofthe O.C.G.A., the judge ofthe juvenile court ofthe Tallapoosa Judicial Circuit shall receive a supplemental expense allowance equal to 90 percent of the supplement paid by the counties to a superior court judge of the circuit, payable in equal monthly installments from the funds of the counties comprising such circuit. The governing authority of each county within the circuit shall pay that percentage ofthe total supplemental expense allowance that the population of the county bears to the total population of all counties within the judicial circuit, according to the United States decennial census of 1990 for the State of Georgia or

_____________GEORGIA LAWS 2001 SESSION__________4111
any future such census.
SECTION 2. On and after July 1, 2001, the county governing authorities shall be authorized to increase the minimum annual salary established pursuant to Code Section 15-11-18 of the O.C.G.A. by the same percentage increase as the percentage increase in minimum salaries for judges of the probate court under paragraph (2) of subsection (a) of Code Section 15-9-63 of the O.C.G.A. Any increase in salary approved by the county governing authorities pursuant to this section shall be paid on the same pro rata basis as set forth in Section 1 of this Act.
SECTION 3. An Act relating to the compensation and qualifications of the judge of the juvenile court of the Tallapoosa Judicial Circuit, approved April 14, 1997 (Ga. L. 1997, p. 4111), is repealed in its entirety.
SECTION 4. This Act shall become effective July 1, 2001.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
PAULDING COUNTY, GEORGIA BOARD OF COMMISSIONERS
PAULDING COUNTY FINANCE DEPARTMENT
February 1,2001
The Honorable Marion Cummings Chief Superior Court Judge Tallapoosa Judicial Circuit Polk County Courthouse Cedartown, Georgia 30125
Re: Juvenile Court Judge's Supplement
Dear Judge Cummings:
At the regular meeting of the Paulding County Board of Commissioners on January 23, 2001, the Board unanimously approved to endorse and support legislation which would authorize a supplement for the Juvenile Court Judge in a sum equal to 90% of the Superior Court Judge's supplement. Paulding County will pay its pro-rata share among the County's in the Tallapoosa Judicial Circuit and the salary of the Juvenile Court Judge will be paid with State funds. We understand that the supplement legislation is to be effective on July 1, 2001, with the appointment of a full time Juvenile Court Judge.

4112 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
Sincerely,
s/ Pat Westbrook Comptroller
Cc: Board of Commissioners
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to make provisions related to the compensation of the judge of the juvenile court of the Tallapoosa Judicial Circuit; to provide for the compensation of the judge from state funds and from funds of the counties comprising the circuit; to provide for related matters; to repeal a specific Act relating to said judge; and for other purposes.
This 23rd day of February, 2001.
Judge Mark H. Murphy
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who on oath deposes and says that he is the Representative from the 18th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County on the following date: March 1, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the

_____________GEORGIA LAWS 2001 SESSION__________4113
enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ THOMAS B. MURPHY Thomas B. Murphy Representative, 18th District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ ELIZABETH GREEN Notary Public, Cobb County, Georgia My Commission Expires Feb. 21, 2004 (SEAL)
COUNTY OF POLK
December 11,2000
Honorable Marion Cummings Superior Court Judge Tallapoosa Judicial Circuit Polk County Courthouse Cedartown, GA30125
Re: Juvenile Court Judge's Compensation
Dear Judge Cummings:
At the regular meeting of the Polk County Board of Commissioners on December 5, 2000, the following action was taken in regard to the compensation of the Juvenile Court Judge.
It was unanimously approved to endorse and support legislation which would authorize a supplement for the Juvenile Court Judge in a sum equal to 90% of the Superior Court Judge supplement. The supplement is to be paid pro-rata among the three counties of the circuit based upon population. The salary of the Juvenile Court Judge is approved by the county and will be paid from state funds. The supplement legislation is to be effective July 1,2001, with the appointment of a full time Juvenile Court Judge.

4114 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
Sincerely,
POLK COUNTY BOARD OF COMMISSIONERS
Billy Croker s/ Billy Croker, Chairman
cc: file
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to make provisions related to the compensation of the Judge of the Juvenile Court of Tallapoosa Judicial Circuit; to provide for the compensation of the Judge from state funds of the counties comprising the circuit; to provide for related matters; to repeal a specific Act relating to said Judge; and for other purposes.
This 23rd day of February, 2001
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who on oath deposes and says that he is the Representative from the 18th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County on the following date: March 1, 2001 .
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the

_____________GEORGIA LAWS 2001 SESSION__________4115
enabling Act of a county or consolidated government or the bill affects a local school system.

___ The notice requirement of subsection (b) of Code Section 2 8-1 -14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

s/ THOMAS B. MURPHY Thomas B. Murphy Representative, 18th District

Sworn to and subscribed before me, this 5th day of March, 2001.

s/ ELIZABETH D. GREEN Notary Public, Cobb County, Georgia My Commission Expires Feb. 21, 2004 (SEAL)

Haralson County

Amos Sparks COMMISSIONER

December 27, 2000

Honorable Marion Cummings Superior Court Judge Tallapoosa Judicial Circuit Polk County Courthouse Cedartown, GA30125

Re: Juvenile Court Judges compensation

Dear Judge Cummings:

At a called meeting of the Haralson County Commissioner on December 20th, 2000, the following action was taken in regard to the compensation of the Juvenile Court Judge.

It was approved to endorse and support legislation which would authorize a supplement for the Juvenile Court Judge in a sum equal to 90% of the Superior Court Judge supplement. The supplement is to be paid pro-rata among the three counties of the circuit based upon population. The salary of the juvenile court judge is approved by the county and will be paid from state funds. The supplement legislation is to be effective July 1, 2001, with the appointment of a full time

4116 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
juvenile court judge.
Sincerely,
Amos Sparks s/ Amos Sparks Haralson County Commissioner
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly a bill to make provisions related to the compensation of the judge of the juvenile court of the Tallapoosa Judicial Circuit; to provide for the compensation of the judge from state funds and from funds of the counties comprising the circuit; to provide for related matters; to repeal a specific Act relating to said judge; and for other purposes. This 23rd day of February, 2001.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who on oath deposes and says that he is the Representative from the 18th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway Beacon which is the official organ of Haralson County on the following date: March 1, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

_____________GEORGIA LAWS 2001 SESSION_________4U7
___ The notice requirement ofsubsection (b) ofCode Section 2 8-1 -14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ THOMAS B. MURPHY Thomas B. Murphy Representative, 18th District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ ELIZABETH D. GREEN Notary Public, Cobb County, Georgia My Commission Expires Feb. 21, 2004 (SEAL)
Approved April 13, 2001.
COLQUITT COUNTY FAMILY CONNECTION COLLABORATIVE ON CHILDREN AND FAMILIES - CREATION.
No. 116 (House Bill No. 855).
AN ACT
To create the Colquitt County Family Connection Collaborative on Children and Families; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the collaborative; to provide for the membership of the collaborative; to provide for the organization and meetings of the collaborative; to provide for the purposes for which the collaborative is created; to provide the powers and duties of the collaborative; to provide that the members of the collaborative shall be trustees; to provide for certain exemptions from taxation, levy and sale, garnishment, and attachment; to provide the court in which an action against the collaborative may be brought; to provide for the liberal construction of this Act; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4118 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 1. Short title.
This Act shall be known and may be cited as, the "Colquitt County Family Connection Collaborative on Children and Families Act."
SECTION 2. Findings.
(a) It is found, determined, and declared that many of the children and families in the Colquitt County community are facing or experiencing serious and discouraging problems which include, but are not limited to:
(1) Dropping of school before graduation; (2) Failing in school or failing to progress in school at a satisfactory rate; (3) Teen pregnancy and motherhood; (4) Child abuse and neglect; (5) Drug use and juvenile delinquency; (6) Problems associated with idleness and unemployment for youths ages 16 through 19; and (7) Severe economic hardship in their families. (b) It is further found and determined that public and private agencies and institutions are less effective in mitigating the effects of these problems on children and families or keeping children and families free of these problems because such agencies' and institutions' programs are not coordinated, evaluated, or administered in a systematic manner under a single comprehensive plan to address these problems. (c) It is further found and determined that the citizens of Colquitt County are deeply concerned about the children and families in the community experiencing these problems and desire comprehensive and effective community efforts to prevent or mitigate these problems in children and families. (d) It is further found that the citizens of the community desire to work in partnership with the state in comprehensively addressing the conditions confronting children and families in the manner envisioned by the state under the provisions of Article 12 ofChapter 5 ofTitle 49 ofthe O.C.G.A., the "Georgia Policy Council for Children and Families Act." (e) Because of the findings and determinations described in subsections (a) through (d) of this section, it is further found that there is a need for the creation of a public collaborative to develop a comprehensive plan for public and private agencies in the Colquitt County community to deal more effectively with the problems facing children and families in the community who are exposed to or are experiencing the conditions listed in subsection (a) of this section, so that such children will be eligible for gainful employment when they reach maturity, will be law abiding and productive adults, and will have successful and happy futures that develop and utilize their talents and abilities to the fullest extent possible, (f) It is further found that such a public collaborative should cooperate with and assist public and private agencies in implementing and carrying out such

____________GEORGIA LAWS 2001 SESSION________4119
comprehensive plan; should provide oversight, evaluation, and coordination of the various programs and activities of such comprehensive plan; and should exercise additional powers and duties as provided in this Act in connection with the development, implementation, and carrying out of such plan, (g) It is further found, declared, and determined that the creation of the public collaborative provided for in this Act and the carrying out of its corporate purposes are in all respects valid charitable and public purposes within the provisions of the Constitution of Georgia and that developing more effective methods, programs, and services to deal with the problems of children and families of the Colquitt County community is of vital importance not only to that community but also to the purposes ofArticle 12 ofChapter 5 ofTitle 49 ofthe O.C.G.A., the "Georgia Policy Council for Children and Families Act."
SECTION 3. Definitions.
As used in this Act, the term: (1) "Collaboration" means an arrangement under which all of the agencies, institutions, and organizations in a community, whose actions or inactions can affect the well-being of children and families, agree and commit themselves to: (A) A vision for successful outcomes for children and families; (B) Successful goals for children and families: (C) Objectives to achieve these goals; (D) Strategies to achieve these objectives; (E) Help carry out the components of the strategies assigned to them by a comprehensive plan for serving the well-being of children and families; (F) Allocate or redirect funds to cover the cost of implementing the strategy components assigned to them by the comprehensive plan for serving children and families; (G) Be individually and collectively responsible for the success or failure of these strategies; (H) Coordinate and integrate their work and share information with each other; (I) Identify and eliminate among themselves duplication of programs and services; (J) Eliminate competition for funding and recognition; (K) Report their successes and failures in achieving the results expected from their programs objectively and completely; and (L) Adopt and carry out comprehensive and integrated annual work programs and budgets to serve children and families. (2) "Collaborative" means the Colquitt County Family Connection Collaborative on Children and Families. (3) "Community partnership" means an organization that meets the specifications for community partnerships contained in Article 12 of Chapter 5 of Title 49 of the O.C.G.A., the "Georgia Policy Council for Children and

4120 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II______
Families Act." (4) "Comprehensive plan" means a plan that establishes a vision and goals for children and families, measures the extent to which children and families fall short in meeting the goals, identifies the conditions that must be changed to help them meet these goals, specifies a coordinated and integrated system of strategies for changing these conditions and a budget to carry it out, and specifies the means of implementing the system of strategies, the means of managing and evaluating their performance, and the means of measuring their effectiveness in achieving the goals and objectives which have been established. (5) "Georgia Policy Council" means the Georgia Policy Council for Children and Families created by Article 12 of Chapter 5 of Title 49 of the O.C.G.A., the "Georgia Policy Council for Children and Families Act." (6) "Public agency" means the Colquitt County Board of Commissioners, the governing body of the City of Moultrie, the Colquitt County Board of Education, and any agency, board, commission, or department of the State of Georgia.
SECTION 4.
Creation of collaborative on children and families.
(a) There is created a body corporate and politic to be known as the Colquitt County Family Connection Collaborative on Children and Families which shall be deemed to be an instrumentality of the state, a public corporation, and a public authority, and by that name, style, and title may contract and be contracted with, sue in all courts, and be sued in the Superior Court of Colquitt County as provided in Section 13 of this Act. The collaborative shall have all the rights afforded to the state by virtue of the Constitution of the United States and nothing in this Act shall constitute a waiver of any such rights. The collaborative shall have perpetual existence. (b) The collaborative shall not be deemed to be the State of Georgia or a political subdivision of the state or an agency of the state or a political subdivision of the state.
SECTION 5. Membership.
(a) The commission shall be composed of 39 members. Fifteen members shall serve by virtue of their offices. Three members shall be elected officials, one each from the Colquitt County Board of Commissioners, the City of Moultrie City Council, and the Colquitt County Board of Education. Twenty-one members shall be appointed from the community.
(b)(l) The following members shall serve by virtue of their offices: (A) The Colquitt County administrator; (B) The City of Moultrie city manager; (C) The superintendent of Colquitt County schools;

___________GEORGIA LAWS 2001 SESSION__________4121
(D) The director of the Colquitt County Public Health Department; (E) The director of the Colquitt County Department of Family and Children Services; (F) The chief administrative official of the state's Department of Juvenile Justice; (G) The director of Colquitt County Mental Health Services; (H) The director of the Colquitt County Department of Labor; (I) The director of the Southwest Georgia Community Action Council; (J) The chairperson of communities in schools of Colquitt County; (K) The president of the Moultrie-Colquitt County Chamber of Commerce or his or her designee; (L) The director of the Colquitt County United Way; (M) The director of the Moultrie Housing Authority; (N) The president of Moultrie Technical College; and (O) The regional community resource development coordinator. (2) Members serving by virtue of their offices shall serve on the collaborative for the terms of the positions they hold and shall be replaced on the collaborative by their successors in these positions. (c)(l)(A) One member shall be a member of the Colquitt County Board of Commissioners appointed by the board; (B) One member shall be a member of the City of Moultrie City Council appointed by the council; and (C) One member shall be a member of the Colquitt County Board of Education appointed by the board. (2) Elected officials shall serve on the collaborative for terms of two years and may be reappointed for additional terms by their respective boards. If an elected official's term of office as an elected official expires during his or her appointed term on the collaborative and the elected official is not reelected, then the appointing authority shall appoint another elected official to fill the unexpired term on the collaborative. (d)(l) Community members shall include one or more members appointed from executives in the business community in the county, one or more members appointed from the boards of civic organizations in the county, one or more members appointed from the boards of private social service providers in the county, one or more members appointed from the vulnerable neighborhoods in the county or consumers of social services, one or more members appointed from advocates for children and families in the county, and one or more members appointed from the faith community in the county. (2) The Colquitt County Board of Commissioners, the mayor and council of the City of Moultrie, and the Colquitt County Board of Education will each appoint seven community members as follows: (A) One family representative from a vulnerable neighborhood or who is a consumer of social services; (B) One executive from the Colquitt County business community; (C) One member from a local civic organization; (D) Two citizens who are advocates for children and families in Colquitt

4122 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
County; (E) One representative from a private or other social service provider not otherwise included in the collaborative by virtue of his or her office; and (F) One representative from the youths of Colquitt County. (3) Of the community members first appointed, one-half shall be appointed for initial terms of one year and one-half shall be appointed for initial terms of two years. Successors to all such members and future successors shall be appointed for terms of two years. (e) Members of the collaborative shall receive no compensation for serving on the collaborative but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties.
SECTION 6. Organization; meetings.
(a) The organizational meeting of the collaborative shall be called by the chairperson of the Colquitt County Board of Commissioners after all appointments to the collaborative have been made. At the organizational meeting, the collaborative shall adopt bylaws and elect from the collaborative membership a chairperson, vice chairperson, and secretary-treasurer. Except as otherwise provided in this Act, the terms of office of such officers and all other matters relating to the organization and rules of procedure of the collaborative shall be as specified in the bylaws of the collaborative. (b) A majority of the members of the collaborative shall constitute a quorum for the transaction of business. The powers and duties of the collaborative shall be transacted, exercised, and performed only pursuant to the affirmative vote of at least a majority of a quorum. Every member shall vote except in the case of a conflict of interest. (c) The collaborative shall not meet less frequently than once every two calendar months and at other times on the call of the chairperson of the collaborative. In the absence of the chairperson, the vice chairperson may call a meeting of the collaborative and preside at such meeting. In the absence of the chairperson and vice chairperson, the secretary-treasurer may call a meeting of the collaborative and preside at such meeting . The chairperson or other officer of the collaborative authorized to call a meeting of the collaborative shall call other meetings upon written request of one or more members of the collaborative.
SECTION 7.
Purposes.
The purposes of this collaborative shall be to: (1) Develop with the community a vision of success for children and families in the community; (2) Develop and adopt goals for children and families that address the serious and discouraging problems children and families are facing or experiencing including, but not limited to:

____________GEORGIA LAWS 2001 SESSION__________4123
(A) Dropping out of school before graduation; (B) Failing in school or failing to progress in school at a satisfactory rate; (C) Teen pregnancy and parenthood; (D) Child abuse and neglect; (E) Drug and alcohol abuse and juvenile delinquency; (F) Problems associated with idleness and unemployment for out-of-school youths ages 16 through 19; and (G) Severe economic hardship in their families; (3) Develop, adopt, and recommend, and from time to time amend, a comprehensive plan for the Colquitt County community to deal effectively with the problems experienced by children and families in the community in order to achieve the goals for children and families that have been adopted by the collaborative; (4) Develop and facilitate collaboration, coordination, and service and data integration among the public and private agencies, institutions, and organizations in implementing the plan and monitoring the well-being of children and families in relation to the goals set for them; (5) Monitor and report to the Colquitt County Board of Commissioners, the mayor and council of the City of Moultrie, the Colquitt County Board of Education, and the community on the implementation of the comprehensive plan developed by the collaborative under paragraph (3) of this section; (6) Provide administrative services and assistance in implementing and carrying out the comprehensive plan, when necessary; (7) Contract with or recommend and promote contracts with public and private agencies and institutions to provide programs and services to carry out the provisions of the comprehensive plan developed under paragraph (3) of this section and for the purposes of paragraph (4) of this section; (8) Facilitate by contract and collaboration the integration and coordination of programs and services by public and private agencies and institutions to carry out the provisions of the comprehensive plan; (9) Make the goals and comprehensive plan developed by the collaborative for the Colquitt County community consistent with the purposes of Article 12 of Chapter 5 of Title 49 of the O.C.G.A., the "Georgia Policy Council for Children and Families Act"; (10) Be an advocate for the well-being of children and families in the community; and (11) Serve as a review and recommending body to local governments on policies proposed by public and private agencies and institutions that relate to children and families and their well-being.
SECTION 8. Power to provide services.
To the extent that services and programs for children and families needed to carry out the provisions of the comprehensive plan developed by the collaborative under paragraph (3) of Section 3 of this Act are not available or cannot be obtained by

4124 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
contract from public and private agencies and institutions, the collaborative shall have the power to provide such services and programs when necessary and desirable to achieve goals and objectives of the comprehensive plan. In all such instances, the collaborative shall seek to facilitate and expedite the transfer of responsibility for providing such services or programs to public or private agencies and institutions.
SECTION 9. Powers and duties.
(a) In addition to any other powers and duties provided for by this Act and in order for the collaborative to carry out its purposes as described in this Act, the collaborative shall have the following powers and duties:
(1) To have a seal and alter the same as its pleasure; (2) To acquire, hold, and dispose of in its own name by purchase, gift, lease, or exchange, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of every kind, character, and description, but the collaborative shall not have the power to acquire any real or personal property by condemnation or eminent domain; (3) To procure insurance against loss in connection with its property and other assets of the collaborative; (4) To exercise the power provided by Code Section 45-9-1 of the O.C.G.A. to procure policies of liability insurance or contracts of indemnity or to formulate sound programs for self-insurance to insure or indemnify members of the collaborative and its officers and employees against personal liability or damages arising out ofthe performance oftheir duties or in any way connected therewith to the extent that such members, officers, or employees are not immune from such liability; (5) To make contracts and execute all instruments necessary or convenient in connection therewith; (6) To adopt, alter, or repeal its own bylaws, rules, or regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the collaborative may deem necessary or expedient in facilitating its business; (7) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services with or without consideration from any person, firm, corporation, foundation, or other entity or from the State of Georgia or any agency, instrumentality, or political subdivision thereof, or from the United States or any agency or instrumentality thereof; (8) To the extent that a contract between the collaborative and a public or private agency or institution provides therefor, to act as an agent of such public or private agency or institution in any matter coming within the purposes or powers of the collaborative; (9) To select, appoint, and employ professional, administrative, clerical, or other personnel and to contract for professional or other services and to allow suitable compensation for such personnel and services;

_____________GEORGIA LAWS 2001 SESSION__________4125
(10) To do all things necessary and convenient to carry out the powers and purposes ofthe collaborative which are expressly provided for in this Act; and (11) To keep suitable and proper books and records of all receipts, income, and expenditures of every kind and obtain an annual independent audit of income and expenditures. (b) The collaborative shall prepare and submit to the appointing bodies listed in subsection (c) of Section 5 of this Act a written semiannual report outlining the work of the collaborative and the results achieved thereby and a written annual report on the state of children and families in the community. (c) The collaborative shall not be authorized to create in any manner any debt, liability, or obligation against the State of Georgia, the City of Moultrie, the Colquitt County Board of Commissioners, or the Colquitt County Board of Education.
SECTION 10. Members as trustees.
The members of the collaborative are trustees and shall be accountable in all respects to manage the funds and expenditures and direct the policies of the collaborative.
SECTION 11. Actions.
Any action brought against the collaborative shall be brought in the Superior Court ofColquitt County, and such court shall have exclusive original jurisdiction of such action.
SECTION 12. Liberal construction.
Being for the welfare of the state and its inhabitants, this Act shall be liberally construed to effect the purposes expressed herein.
SECTION 13. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
MINUTES REGULAR MEETING OF THE COLQUITT COUNTY BOARD OF COMMISSIONERS MONDAY, DECEMBER 18, 2000
7:00 O'CLOCK P.M.

4126 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CALL TO ORDER: The meeting was called to order at 7:00 o'clock p.m. by Chairman Maxwell G. Hancock.
INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Commissioner Luke P. Strong followed by the Pledge of Allegiance.
PRESENT: Those present were Commissioners Luke P. Strong, Randy Bannister, Billy Herndon, Ray Saunders, Merle C. Hall, and Chairman Maxwell G. Hancock. Also present were County Administrator F. Marion Hay and County Clerk Deborah Cox.
ABSENT: Commissioner Mickey Key and County Attorney William C. McCalley.
MINUTES: Commissioner Saunders made a motion to approve the Minutes as presented for December 5th and the two meetings held on December 12th. Commissioners Strong and Hall made a second. The motion carried unanimously.
APPROVAL OF PROPOSED LEGISLATION BY THE COLOUITT COUNTY FAMILY CONNECTION: Commissioner Herndon made a motion to approve the proposed legislation by the Colquitt County Family Connection which would create the Colquitt County Family Connection as a quasi-governmental entity. Commissioner Hall made a second. The motion carried unanimously.

With no further business to come before the Board, the meeting was adjourned at 9:06 o'clock p.m.

Respectfully submitted,

(S)_______ s/ Maxwell G. Hancock
Chairman

S]______ s/ Deborah Cox
County Clerk

Minutes/Work Session Januarys, 2001
Ms. Denise Bell requested and Mr. McCoy recommended that the Board approval the final draft of the proposed legislation that will create the Colquitt County Family Connection as a quasi-governmental entity. Motion carried with the understanding that is being done to change the organizational setup of and not to increase the liability of the Colquitt County Board of Education in any way.

_____________GEORGIA LAWS 2001 SESSION__________4127 There being no further business the meeting was adjourned.

A RESOLUTION TO APPROVE PROPOSED LEGISLATION TO CREATE THE COLQUITT COUNTY FAMILY CONNECTION COLLABORATIVE ON CHILDREN AND FAMILIES AS A QUASI-GOVERNMENTAL ORGANIZATION

WHEREAS, in 1998, the City Council of the City of Moultrie jointly formed the Colquitt County Family Connection Collaborative on Children and Families; and

WHEREAS, the Colquitt County Family Connection is requesting to be recognized by the Georgia State Legislature as a quasi-governmental entity having the purposes and powers as outlined in the Act known as the Colquitt County Family Connection Collaborative on Children and Families Act; and

WHEREAS, the Colquitt County Family Connection has received the joint recommendation of the City Council of the City of Moultrie, the Colquitt County Board of Commissioners, and the Colquitt County Board of Education to have said Act introduced into the Georgia General Assembly for approval.

NOW THEREFORE BE IT RESOLVED by the Colquitt County Family Connection to go forward with organizing as a quasi-governmental entity as set forth in the proposed Colquitt County Family Connection Collaborative on Children and Families Act and to hereby authorize the Chairperson of the Collaborative to act on its behalf in any matters of procedure to have the process completed.

DONE THIS 1ST DAY OF FEBRUARY, 2001.

Attest:

Myrtis Mulkey Ndawula s/ Myrtis Ndwula, Secretary/Treasurer

Robert A. Rojas s/ Robert A. Rojas, Chairperson

A RESOLUTION TO APPROVE PROPOSED LEGISLATION TO CREATE THE COLQUITT COUNTY FAMILY CONNECTION COLLABORATIVE ON CHILDREN AND FAMILIES AS A QUASI-GOVERNMENTAL ORGANIZATION

WHEREAS, in 1998, the City Council of the City of Moultrie jointly formed the Colquitt County Family Connection Collaborative on Children and Families; and

4128 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
WHEREAS, the Colquitt County Family Connection is requesting to be recognized by the Georgia State Legislature as a quasi-governmental entity having the purpose and powers as outlined in the Act known as the Colquitt County Family Connection Collaborative on Children and Families Act; and

WHEREAS, the Colquitt County Family Connection requests joint recommendation of the City Council of the City of Moultrie, the Colquitt County Board of Commissioners, and the Colquitt County Board of Education to have said Act introduced into the Georgia General Assembly for approval.

NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of the City of Moultrie that the City Council of the City of Moultrie recommends to have the Colquitt County Family Connection Collaborative on Children and Families Act introduced to the Georgia General Assembly to create the collaborative as a quasi-governmental entity.

DONE THIS 19TH DAY OF DECEMBER, 2000.

Attest:

s/ Carolyn Harrell City Clerk/Assist. City Clerk

s/ William M. Mclntosh Mayor

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced during the 2001 general session of the General Assembly of Georgia a Bill to create the Colquitt County Family Connection Collaborative on Children and Families serving local governmental bodies and citizens within Colquitt County; to provide for its provide for its powers, duties, and authority; and to provide for all other matters relative to the foregoing; and for other purposes.

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 the Representative from the 164th District and further deposes and says as follows:

(1) That the attached 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 28, 2001.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

____________GEORGIA LAWS 2001 SESSION_________4129
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ A. RICHARD ROYAL A. Richard Royal Representative, 164th District
Sworn to and subscribed before me, this 2nd day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.

4130 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
BANKS COUNTY - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM.
No. 117 (House Bill No. 860).
AN ACT
To provide a homestead exemption from Banks County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $10,000.00 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 applicability; to provide for a referendum, effective dates, and automatic repeal; 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 Banks County School District, including, but not limited to, taxes to pay interest on and to retire school bond indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Income" means Georgia taxable net income, as defined by Georgia income tax law. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made.
SECTION 2. (a) Each resident of the Banks County School District who is a senior citizen is granted an exemption on that person's homestead from all Banks County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $10,000.00 for the immediately preceding taxable year. The value of that property in excess of such exempted amount shall remain subject to taxation. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Banks County giving the person's age, and the amount of income which the person and the person's spouse residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to

____________GEORGIA LAWS 2001 SESSION_________4131
whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
SECTION 3. The tax commissioner of Banks County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Banks County or the designee thereof 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, independent school district taxes, or Banks County taxes for county purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Banks County School District ad valorem taxes for educational purposes.
SECTION 6. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2003.
SECTION 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Banks County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors ofthe Banks County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2002, state-wide general election and shall issue the call and conduct that election as provided by general law. 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 Banks County. The ballot shall have written or printed thereon the words:

4132 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
"YES ( ) Shall the Act be approved which provides a homestead exemption from Banks County School District ad valorem taxes for educational
NO ( ) purposes in the amount of $16,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or over and who have annual incomes not exceeding $10,000.00?"
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 shall become of full force and effect on January 1,2003. Ifthe Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Banks County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 8. Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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 2001 session of the General Assembly of Georgia a bill to provide a homestead exemption from Banks County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $ 10,000.00 and who are 65 years ofage and over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 20th day of February, 2001.
Representative Jeannette Jamieson 22nd District
GEORGIA, FULTON COUNTY

____________GEORGIA LAWS 2001 SESSION__________4133
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who on oath deposes and says that she is the Representative from the 22nd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Banks County News which is the official organ of Banks County on the following date: February 28, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. ___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JEANETTE JAMIESON Jeanette Jamieson Representative, 22nd District
Sworn to and subscribed before me, this 6th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.

4134 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
BANKS COUNTY - BANKS COUNTY FAMILY CONNECTION COMMISSION; CREATION.
No. 118 (House Bill No. 861).
AN ACT
To create the Banks County Family Connection Commission; to provide for the appointment of members; to provide for terms, oaths, duties, and powers; to authorize the commission to receive and expend funds and employ a coordinator; 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. (a) There is created the Banks County Family Connection Commission. The commission shall be composed of 21 members, as follows:
(1) Eight ex officio members, as follows: the chairperson of the board of commissioners of Banks County; the superintendent of the Banks County school district; the director of Banks County Head Start; the chief health officer of Banks County Mental Health; the director of Department of Family and Children Services; the juvenile court judge of the Piedmont Judicial Circuit; the director of Banks County Adult Education; and the director of Banks County Public Health; and (2) Thirteen community members which shall include at least one member of each of the following fields or professions: child welfare; medical; law enforcement; education; the business and civic communities; the faith community; and recipients of services, as follows:
(A) Two members shall be appointed by the chairperson of the board of commissioners of Banks County; (B) Two members shall be appointed by the superintendent of the Banks County school district; (C) One member shall be appointed by the director of Banks County Head Start; (D) Two members shall be appointed by the chief health officer of Banks County Mental Health. One of these members shall be a recipient of services; (E) Two members shall be appointed by the director of the Department of Family and Children Services; (F) One member shall be appointed by the juvenile court judge of the Piedmont Judicial Circuit; (G) One member shall be appointed by the director of Banks County Adult Education; and (H) Two members shall be appointed by the director of the Banks County Public Health Department. One of these members shall be a recipient of

_____________GEORGIA LAWS 2001 SESSION__________4135
services. (b) Of the community members first appointed, six shall be appointed for an initial term of one year and the others shall be appointed for an initial term of two years. Successors to all such members and future successors shall be appointed for terms of two years and until their successors are appointed and qualified. (c) Ex officio members shall serve on the commission for the terms of the positions they hold and shall be replaced on the commission by their successors in these positions. (d) Members of the commission shall receive no compensation for serving on the commission but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties.
SECTION 2. The commission shall undertake annual and ongoing studies of the needs, issues, and state of the well-being of children, families, and youth in Banks County. The commission shall gather, publicize, and disseminate data on issues pertinent to families and children; identify outstanding issues and areas of concern and assist the community in establishing and implementing strategic and annual plans for addressing these issues collaboratively; design and propose comprehensive programmatic strategies for addressing conditions of families and children; secure and expend funds for implementing priority strategies; and identify, coordinate, and enhance the integration of existing resources to improve results for families and children. The commission shall adopt such rules or procedures as it finds necessary or desirable for the governance of its operation.
SECTION 3. The commission is authorized to receive, accept, and expend funds from public or private sources for implementing strategies to benefit the children and families of Banks County. The commission is authorized to expend such funds to employ a coordinator forthe execution of the commission's duties. The commission shall set the salary and administrative sponsorship for such coordinator.
SECTION 4. Each member of the commission shall be given the following oath to be administered by the chiefjudge of the Superior Court of Banks County:
"Recognizing the fact that there are many social, economic, and educational issues that prevent our children and their families from achieving their potential and desiring to play a part in improving the outcomes for families and children, 1, __________, do solemnly swear that, as a member of the Banks County Family Connection Commission, I will fulfill the duties and responsibilities of my appointment to the best of my ability."
SECTION 5. The entire commission shall meet at least quarterly. There shall be a five-member executive committee elected by the commission on an annual basis. The chairperson and vice chairperson shall head the executive committee. The

4136 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
executive committee shall act for the commission on routine matters and shall meet at least monthly and report its recommendations and actions to the entire commission.
SECTION 6. This Act shall become effective on January 1, 2002.
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 2001 session of the General Assembly of Georgia a bill to create the Banks County Family Connection Commission; to provide for the appointment of members; to provide for terms, oaths, duties, and powers; to authorize the commission to receive and expend funds and employ a coordinator; to provide for related matters; to provide an effective date; and for other purposes.
This 20th day of February, 2001.
Representative Jeanerte Jamieson, 22nd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who on oath deposes and says that she is the Representative from the 22nd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Banks County News which is the official organ of Banks County on the following date: February 28, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached

_____________GEORGIA LAWS 2001 SESSION__________4137
hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JEANETTE J AMIESON Jeanette Jamieson Representative, 22nd District
Sworn to and subscribed before me, this 6th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
GWFNNETT COUNTY - SHERIFF; VACANCIES.
No. 119 (House Bill No. 873).
AN ACT
To provide for the filling of vacancies in the office of sheriff of Gwinnett County; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. In the event the office of sheriff of Gwinnett County becomes vacant by death, resignation, or otherwise, the vacancy shall be filled until the next general election by the chiefjudge of the Superior Court of Gwinnett County. Such appointee shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Gwinnett County.

4138 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 2001 Session of the General Assembly of Georgia a bill to provide for the filling of vacancies in the office of sheriff of Gwinnett County; and for other purposes.
This 28 day of February, 2001.
-s- Renee S. Unterman Honorable, District 84
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene'e S. Unterman, who on oath deposes and says that she is the Representative from the 84th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on the following date: March 3, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed

_____________GEORGIA LAWS 2001 SESSION__________4139
is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/RENE'E S. UNTERMAN Rene'e S. Unteman Representative, 84th District
Sworn to and subscribed before me, this 6th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13, 2001.
EFFINGHAM COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY - MEMBERSHIP.
No. 120 (House Bill No. 874).
AN ACT
To amend an Act entitled "An Act to further define and prescribe the powers and duties of the Effingham County Industrial Development Authority," approved March 18, 1986 (Ga. L. 1986, p. 3873), so as to provide additional members for such authority; 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 further define and prescribe the powers and duties of the Effingham County Industrial Development Authority," approved March 18, 1986 (Ga. L. 1986, p. 3873), is amended by striking in its entirety Section 3 and inserting in lieu thereof the following:
'SECTIONS. The authority shall be composed of 13 members. One member shall be a resident of the City of Rincon, one member shall be a resident of the City of Springfield, one member shall be a resident of the City of Guyton, and ten members shall be residents of Effingham County. The ten members representing Effingham County shall be selected so as to ensure that at least one member resides in each county commissioner election district. All members of the authority shall be

4140 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
appointed by the governing authority of Effingham County. Prescribing the membership of the authority is deemed by the General Assembly to be a further definition and prescription of the powers and duties of the authority and a further regulation of the management and conduct of the authority."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

February 27, 2001

Honorable Ann R. Purcell Georgia House of Representatives State Capitol Room 401 Atlanta, GA 30334

Dear Representative Purcell:

The Board of Commissioners of Effingham County would like to offer our support for the attached resolution of the Industrial Development Authority of Effingham County. We would like you to know that the Industrial Authority and the Development Authority boards each voted unanimously to proceed with the proposal outlined in the resolution, which would result in a single Industrial Development Authority Board composed of 13 members.

We would be grateful for your assistance in introducing legislation during the current session of the General Assembly to implement the proposed changes to the composition of the Industrial Development Authority Board. If we can assist you in preparing the appropriate legislation or if you need any additional information, please let us know. Thank you for your continued service to Effingham County.

Sincerely,

s/ Phillip E. King Phillip E. King, Chairman Effingham County Board of Commissioners

STATE OF GEORGIA COUNTY OF EFFINGHAM

RESOLUTION

BE IT RESOLVED BY THE EFFINGHAM COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY AND THE DEVELOPMENT AUTHORITY OF EFFINGHAM COUNTY in joint meeting, properly called and posted, with a quorum of both authorities present, does hereby request that the Effingham County Commissioners support and request that the members of the General Assembly of Georgia, through its Representative and Senator, add five (5) members to the

_____________GEORGIA LAWS 2001 SESSION__________4141
Effingham County Industrial Development Authority to be appointed by the said Effingham County Commission, this 20th day of February, 2001.

EFFINGHAM COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY

By: s/ C. E. Hartzag Chairperson

Attest: s/ Evans Blackburn Secretary

DEVELOPMENT AUTHORITY OF EFFINGHAM COUNTY

By: s/ Larry D. Weddle Chairperson

Attest: s/ Brenda R. Lovett Secretary

STATE OF GEORGIA COUNTY OF EFFINGHAM

RESOLUTION

BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF EFFINGHAM COUNTY, in regular meeting with a quorum present to request the General Assembly of Georgia to enact legislation to modify the membership of the Effingham County Industrial Development Authority so as to provide that said authority shall be composed of 13 members, and further that one of the members shall be a resident of the City of Rincon, one member shall be a resident of City of Springfield, one member shall be a resident of City of Guyton, and the remaining ten members shall be residents of Effingham County. Said legislation shall also provide that the ten members representing Effingham County are to be selected by the Board of Commissioners so as to insure that at least one member resides in each county commissioner election district, and that each member of the Board of Commissioners shall have the opportunity to select two members of the Effingham County Industrial Development Authority.

EFFINGHAM COUNTY BOARD OF COMMISSIONERS

s/ By: Phillip E. King Philip E. King, Chairman

Attest: s/ Sandra Andrews Sandra Andrews, County Clerk

4142 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 2001 Session of the General Assembly of Georgia a bill affecting the Effingham County Industrial Development Authority.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who on oath deposes and says that she is the Representative from the 147th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Effmgham Herald which is the official organ of Effingham County on the following date: March 1, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
_____ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ ANN R. PURCELL Ann R. Purcell Representative, 147th District

____________GEORGIA LAWS 2001 SESSION_________4143
Sworn to and subscribed before me, this 6th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13,2001.
WALKER COUNTY - SHERIFF; VACANCIES.
No. 121 (House Bill No. 880).
AN ACT
To provide for the filling of vacancies in the office of sheriff of Walker County; 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) In the event of a vacancy in the office of sheriff of Walker County, the chief deputy sheriff of Walker County shall act as sheriff until the vacancy can be filled in accordance with the provisions of subsection (b) of this section. If there is no chief deputy sheriff at the time of such vacancy, the judge of the probate court of Walker County, within five working days after the date such vacancy occurs, shall appoint a law enforcement officer of the county who is a Georgia Peace Officer Standards and Training Council certified peace officer to act as sheriff until the vacancy can be filled in accordance with subsection (b) of this section. If the judge of the probate court fails to appoint a person to act as sheriff within five working days after the date the vacancy occurs, then the Governor shall appoint a law enforcement officer of the county who is a Georgia Peace Officer Standards and Training Council certified peace officer to act as sheriff until the vacancy can be filled in accordance with subsection (b) ofthis section. The sheriffof any adjoining county is authorized to act as sheriff until the judge of the probate court or the Governor makes the appointment provided for in this Act. (b) If at the time the vacancy occurs there are more than six months remaining in the unexpired term of office, the vacancy shall be filled for the remainder of the unexpired term at a special election to be called by the county election superintendent; and the person acting as sheriff under subsection (a) of this section shall act until a successor is so elected for the remainder of the unexpired term. If at the time the vacancy occurs there are six months or less remaining in the unexpired term of office, the person acting as sheriff under subsection (a) of this

4144 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
section shall serve for the remainder of the unexpired term of 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 2001 session of the General Assembly of Georgia a bill to provide for the filling of vacancies in the office of sheriff of Walker County; and for other purposes.
This 19 day of February, 2001.
Representative Mike Snow District 2
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Snow, who on oath deposes and says that he is the Representative from the 2nd District and further deposes and says as follows:
(1) That the attached 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: February 21, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not

_____________GEORGIA LAWS 2001 SESSION__________4145
apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ MIKE SNOW Mike Snow Representative, 2nd District
Sworn to and subscribed before me, this 7th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
PAULDING COUNTY - BOARD OF COMMISSIONERS; RESIDENCY; COMPENSATION; PURCHASES; BIDS.
No. 122 (House Bill No. 881).
AN ACT
To amend an Act creating the Board of Commissioners of Paulding County, approved April 17,1975(Ga. L. 1975, p. 2916), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4153), so as to provide for residency requirements; to change the compensation of the chairperson and members of the commission; to change the amount of purchases which the chairperson may make without commission approval and bids; to change the amount of purchases which the commission may make which do not require competitive bids; 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 the Board of Commissioners of Paulding County, approved April 17,1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved April 14,1997 (Ga. L. 1997, p. 4153), is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

4146 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
'SECTION 3. Election and term of commission members.
The county shall be divided into four districts numbered one through four as set forth in the description ofdistricts attached to this Act and made a part hereofand further identified as 'Operator: local Client: paulding Plan: pauld97b.' The commissioners shall have been residents of the districts which they seek to represent for the 12 months immediately preceding the date on which they qualify for office and shall continue to reside in such districts during their term of office. Notwithstanding any provision of this Act to the contrary, the commissioners in office on the effective date of this Act shall continue to serve out the terms of office to which they were elected and until their successors are elected and qualified. The chairperson and commissioners shall be elected for terms of four years and until their successors are elected and qualified. The commissioner serving on the effective date of this Act whose term expires in 2000 shall continue to hold office until the term for which he or she was elected shall expire, and his or her successor shall be elected and qualified and shall be designated as the commissioner from Post 1 representing District 1. The commissioners from Posts 2, 3, and 4 representing Districts 2, 3, and 4 shall be elected to four-year terms at the general election in 1998 and shall serve until their successors are elected and qualified. The chairperson and the commissioner from Post 1 shall be elected to four-year terms in 2000 and shall serve until their successors are elected and qualified. Thereafter, all successors shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.'
SECTION 2. Said Act is further amended by striking subsection (a) of Section 8 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) The chairperson shall receive an annual salary of $60,000.00. Beginning January 1, 2002, the chairperson shall receive an annual salary of $75,000.00. The other members of the commission designated as post commissioners shall each receive an annual salary of $15,000.00. Beginning January 1, 2002, the post commissioners shall each receive an annual salary of $18,500.00. All compensation provided for in this section shall be payable monthly and shall be paid from county funds. Except as otherwise provided in subsection (b) of this section, the compensation provided in this subsection shall constitute the entire compensation from all public sources to which the chairperson or either post commissioner shall be entitled. The chairperson and other commissioners shall not be entitled to any further compensation for serving on any boards or authorities by virtue of their office.'

_____________GEORGIA LAWS 2001 SESSION__________4147
SECTION 3. Said Act is further amended by striking paragraph (10) of Section 10 in its entirety and inserting in lieu thereof a new paragraph (10) to read as follows:
"(10) Make purchases for the county, without seeking approval of the commission and without obtaining bids, in amounts which do not exceed $50,000.00, except as provided by general law with reference to the letting of public works contracts; and"
SECTION 4. Said Act is further amended by striking paragraphs (18) and (19) of subsection (b) of Section 11 in their entirety and inserting in lieu thereof new paragraphs (18) and (19) to read as follows:
"(18) To make purchases which do not exceed $100,000.00, and which, in the discretion of its members, are deemed necessary for the operation of the county, except as provided by general law relating to letting of public works contracts. (19) To make purchases in amounts over $100,000.00; provided, however, that for any purchases in such amounts, advertisements for bids shall be first published for four consecutive weeks in the official organ of Paulding County. After said advertising has been published, formal, sealed bids must be obtained on all purchases in excess of $100,000.00. Advertisement and the obtaining of formal, sealed bids may be dispensed with when, in the discretion of the commission, an emergency exists which will not permit a delay. In the event such an emergency is declared, the nature of the emergency and the reasons therefor shall be clearly set forth in the minutes of the 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 hereby given that there will be introduced at the regular 2001 Session of the General Assembly of Georgia, a bill to amend an Act creating the board of Commissioners of Paulding County approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, so as to amend certain provisions relating to an increase in the limits for making purchases by the Chairmen and the Board of Commissioners; to amend the residency requirements for members of the Board of Commissioners; to change the compensation of the Chairmen and the members of the Board of Commissioners; and for other purposes.
This 23rd day of February, 2001.
Representative Glenn Richardson, 26th District
GEORGIA, FULTON COUNTY

4148 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn Richardson, who on oath deposes and says that he is the Representative from the 26th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County on the following date: March 1, 2001. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1 -14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ GLENN RICHARDSON Glenn Richardson Representative, 26th District
Sworn to and subscribed before me, this 6th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.

____________GEORGIA LAWS 2001 SESSION__________4149
COLUMBIA COUNTY - SHERIFF; VACANCIES.
No. 123 (House Bill No. 904).
AN ACT
To provide for the filling of vacancies in the office of sheriff of Columbia County; 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) In the event the office of sheriff of Columbia County becomes vacant by death, resignation, or otherwise, the judge of the probate court of Columbia County shall appoint a qualified person to assume the duties of sheriff within 15 calendar days after the date of such vacancy. If the judge of the probate court does not make such appointment within 15 calendar days after the date of such vacancy, the Governor shall promptly make such appointment. (b) If, at the time of the vacancy, there are more than six months remaining in the unexpired term of office of the sheriff, then the vacancy shall be filled for the remainder of the unexpired term at a special election to be called and conducted by the county election superintendent in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A. The person assuming the duties of sheriff as provided in subsection (a) of this section shall serve until such time as a successor is elected and qualified in such special election. (c) If, at the time of the vacancy, there are six months or less remaining in the unexpired term of office of the sheriff, then the person assuming the duties of sheriff under subsection (a) of this section shall serve for the remainder of the unexpired term of office and until a successor is elected and qualified. (d) The person assuming the duties of sheriff under subsection (a) of this section shall not be deemed to be the incumbent in the office of sheriff and shall not be designated as the incumbent on the ballot if such person seeks the office of sheriff in the special election to fill the vacancy or, in the event the vacancy occurs when there are six months or less remaining in the unexpired term, in the general election to fill the new term of office.
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 2001 session of the General Assembly of Georgia a bill to provide for filling vacancies in the office of sheriff of Columbia County; to provide for related matters; to repeal conflicting laws; and for other purposes.

4150 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
This 28th day of February, 2001.
BEN L. HARBIN State Representative, District 113
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben L. Harbin, who on oath deposes and says that he is the Representative from the 113th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the News-Times which is the official organ of Columbia County on the following date: March 7, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BEN L. HARBIN Ben L.Harbin Representative, 113th District
Sworn to and subscribed before me, this 12th day of March ,2001.

____________GEORGIA LAWS 2001 SESSION_________4\5\
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
COLUMBIA COUNTY - JUDGE OF THE PROBATE COURT; TAX COMMISSIONER; CLERK OF THE SUPERIOR COURT; COMPENSATION.
No. 124 (House Bill No. 906).
AN ACT
To amend an Act providing for a supplement to the compensation, expenses, allowances, and supplements of the judge of the probate court, the tax commissioner, and the clerk of the Superior Court of Columbia County, approved April 5, 1993 (Ga. L. 1993, p. 4582), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4289), so as to clarify the manner by which such salaries are calculated; 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 providing for a supplement to the compensation, expenses, allowances, and supplements of the judge of the probate court, the tax commissioner, and the clerk of the Superior Court of Columbia County, approved April 5, 1993 (Ga. L. 1993, p. 4582), as amended, particularly by an Act approved April 19,2000 (Ga. L. 2000, p. 4289), is amended by striking subsections (b) and (c) of Section 1 and inserting in lieu thereof the following:
'(b) The governing authority of Columbia County shall grant the judge of the probate court, the tax commissioner, and the clerk of the superior court a percentage increase in compensation equal to (1) the percentage increase it grants to employees ofColumbia County or (2) that percentage increase granted by state law to reflect cost-of-living adjustments, whichever is higher, but not both. Such increases shall be granted at the same time increases are granted to county employees. Such percentage increases shall be calculated on the full compensation received by such officers from all sources including, but not limited to, all salary, expenses, allowances, supplements, and longevity and cost-of-living increases. (c) It is the intent of this Act to require that the salaries of the judge of the probate court, tax commissioner, and clerk of the superior court be calculated by

4152 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
determining the total amount of compensation each such person would receive under state law, adding the supplement specified in subsection (a), and then adding the percentage increase provided for in subsection (b).'
SECTION 2. This Act shall become effective on January 1, 2002.
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 2001 session of the General Assembly of Georgia a bill to change the compensation of certain county officers of Columbia County; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 28th day of February, 2001.
BEN L. HARBIN State Representative, District 113
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben L. Harbin, who on oath deposes and says that he is the Representative from the 113th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the News-Times which is the official organ of Columbia County on the following date: March 7, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

____________GEORGIA LAWS 2001 SESSION__________4153
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BEN L. HARBIN Ben L. Harbin Representative, 113th District
Sworn to and subscribed before me, this 12th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
FORSYTH COUNTY - BOARD OF COMMISSIONERS; ELECTIONS; TERMS; DISTRICTS; CHAIRPERSON; COMPENSATION; REFERENDUM.
No. 125 (House Bill No. 907).
AN ACT
To amend an Act creating a board of commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, so as to change the manner of electing the chairperson and other members of the board of commissioners; to provide for terms of office; to provide that the members of the board elected from commissioner districts shall be elected by a majority vote of the electors of the entire county; to provide that the chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office; to change the provisions relating to the compensation of the chairperson and other members of the board of commissioners; to provide for transition; to provide for related matters; to provide for a referendum; to provide for effective dates; to provide for automatic repeal under certain conditions; to require submission of this

4154 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
Act to the United States Attorney General for certain approval; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a board of commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
'SECTION 1. (a) There is created in and for the County of Forsyth, a board of commissioners to be elected and organized as hereinafter provided, which board of commissioners, also known as the 'board', shall constitute the governing authority of said county and shall exercise the powers, duties, and responsibilities specified herein and imposed upon said officers by the laws of the State of Georgia.
(b)(l) Except as otherwise provided in paragraph (2) of this subsection, at the first meeting of the board in January each year, the board shall elect one of its members as chairperson. Such member shall serve as chairperson through December 31 of said year and until a new chairperson is elected in the following year. (2) The provisions of paragraph (1) of this subsection shall no longer apply after the term of the chairperson elected in 2002 is completed on December 31, 2002. On and after January 1, 2003, the chairperson shall be elected as provided in Section 2 of this Act.'
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 members of the board of commissioners of Forsyth County serving on January 1, 2002, and members appointed or elected to fill vacancies in the membership of such board shall continue to serve out their terms of office and, except as otherwise provided in this Act, be representative of the districts from which elected as such districts existed at the time of their election.
(b)(l) For the purpose of electing the chairperson to the board of commissioners beginning with the general election in 2002 and continuing thereafter, District 1 shall consist of all of Forsyth County and shall be designated Post 1. This shall be the district from which the chairperson is elected.
(2)(A) Except for the position of chairperson as provided in paragraph (1) of this subsection, for the purpose of electing the other members to the board of commissioners beginning with the general election in 2002 and continuing thereafter, Forsyth County shall be divided into four commissioner districts. Those districts shall consist of the described territory of Forsyth County

____________GEORGIA LAWS 2001 SESSION__________4155
attached to this Act and made a part hereof and further identified as 'Operator: local Client: forsyth Plan: forsythcc2001.' (B) For purposes of this paragraph:
(i) The terms 'tract,' 'block,' and 'block group' 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 1990 for the State of Georgia; (ii) Any part of Forsyth County which is not included in any commissioner district described in this paragraph shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (iii) Any part of Forsyth County which is described in this paragraph as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) On and after January 1, 2003, the members elected to Posts 2,4, and 5 from Commissioner Districts 2, 4, and 5 at the 2000 general election shall be designated as the members of the board of commissioners from new Commissioner Districts 2,4, and 5 created in this section until new members are elected at the 2004 general election from such districts by the electors of the entire county. (d) Beginning with the general election in 2002, and quadrennially thereafter, one member of the board of commissioners shall be elected from Commissioner District 3 and a member shall be elected from District 1 who shall be the chairperson of the board of commissioners. At the general election in 2004, and quadrennially thereafter, there shall be elected one member each from Commissioner Districts 2,4, and 5. Members elected pursuant to this subsection and their successors shall take office on the first day of January following their election for terms of office of four years and until their successors are elected and qualified. (e) A commissioner elected from Commissioner District 2, 3,4, or 5 shall be a resident of the commissioner district which he or she seeks to represent at the time of qualifying for office and shall be required to remain a resident of said district from which he or she was elected during his or her term of office. The chairperson shall be a resident ofthe county. A member ofthe board elected from Commissioner District 2, 3, 4, or 5 shall be elected by a majority vote of the electors of the entire county. The chairperson shall also be elected by a majority vote of the electors of the entire county voting in an election for such office. Positions on the board shall be Post 1, the chairperson, and Posts 2, 3, 4, and 5 which shall correspond with Commissioner Districts 2, 3, 4, and 5, and all candidates for membership on the board shall designate the post for which they are offering. The members of the board shall be nominated and elected in

4156 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.' (f) It is the intent of the General Assembly that the commissioner districts provided for in subsection (b) of this Act shall be reapportioned based on the population figures applicable to Forsyth County contained in the 2000 United States decennial census prior to the holding of elections as authorized in this section."
SECTION 3. Said Act is further amended by striking in its entirety subsection (a) of Section 7 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The chairperson of the board of commissioners shall receive a salary of $4,100.00 per month, payable out of the funds of Forsyth County. The compensation of the other members of the board shall be $1,200.00 per month, payable out of the funds of Forsyth County.*
SECTION 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Forsyth County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Forsyth County for approval or rejection. The election superintendent shall conduct that election on November 6,2001, and shall issue the call and conduct that election as provided by general law. 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 Forsyth Count}'. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides for the election of the chairperson of the board of commissioners of Forsyth County for a
NO ( ) four-year term of office by the electors of the entire county and provides for the election of each of the other four commissioners from a district by the electors of the entire county for a four-year term of office?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 3 of this Act shall become of full force and effect on January 1, 2002. If this Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 3 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Forsyth County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

_____________GEORGIA LAWS 2001 SESSION__________4157
SECTION 5. Except as otherwise provided in Section 4 of this Act, Sections 1 through 3 of this Act shall become effective January 1, 2002. The remaining provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6. Pursuant to Section 5 ofthe Federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Forsyth County Board of Commissioners to submit this Act to the United States Attorney General for approval.

SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.

Plan: Plan Type: Administrator: User:

forsythcc2001 local

District 002
Forsyth County Tract: 131171303
Block: 217 218 219 220 229 230 231 232 233 234 235 236 238 239 240 241 242 243 244 245 246 247 248 249 250 299
Tract: 131171306 Block: 101 102 103 104 105 106 107 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134135136137138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216217 218219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 299

District 003 Forsyth County
Tract: 131171302 Block: 220 222 223 224 225 226 227 234 264 265 268 299C 299D
Tract: 131171303 Block: 101 102 103 104 105 106 107 108 109 110 111 112 113 114115116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 60 16i 162 163 164 165 166 167 199 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 221 222 223 224 225 226 227 228 237

4158 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
Tract: 131171304 Block: 101 102 103 104 105 106107 108 112 113 114 115 116 117 118 119 120 121 122 123 124 125A 125B 126 127 128 129 130 131 132 133A 133B 142A 142B 142C 143A 143B 144 145 146 147 148 149 150A 150B 150C 151A 151B 152A 152B 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 199A 199B 199C 199D201A 201B 201C 202A 202B 203 204 205 206 207A 207B 208 209 210 211 212A 212B 213 214 215 216217 218 219 220 221 222 223 224 225 226 227 228A 228B 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243A 243B 244 245 246 247 248 249 250 251 252 253 254A 254B 255 256 299 301 302 303 304 305 306A 306B 307 308 309 310 311A 31 IB 311C 312 313 314A 314B 315 316 317 318A 318B 319 320 321 322 323 324 325 326 327 328 329 330 331
Tract: 131171305 Block: 401 402 403 405 406 407 408A 408B 409 410 411 412 413 414 415 416417418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 455 456 457 458 459 460 461 462 463 464 465 466 467 482 483 485 487 488 489 490 491 492 493 494 495 496 499A 499B 499C
Tract: 131171306 Block: 108
District 004 Forsyth County Tract: 131171301
Block: 101102103104105106107108109110111112113 114115116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 136 137 138 139 145 146 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 175 176 188 189 190 191 192 193 194 195 196 197 199A 199B 199C 199D 199E 199F 199G 301 302 303 304 305 306 307 308 312313314 315 316 317 318 319 320 321 322 323 399
Tract: 131171302 Block: 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 199A 199B 199C 199D 201 202 203 204 205 206 207 208 209 210 211 212213 214 215 216 217218 219 221 228 229 230 231 232 233 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 266 267 269 270 271 272 273 274 275 276 299A 299B 299E 299F
Tract: 131171304 Block: 109 110 111 134A 134B 135 136 137 138 139A 139B 140A 1406 140C 1400 141A 141B
Tract: 131171305

_____________GEORGIA LAWS 2001 SESSION__________4159
Block: 101 102 103 104 105 106 107 114 115 116
District 005 Forsyth County Tract: 131171301
Block: 135 140 141 142 143 144 147 148 173 174 177 178 179 180 181 182 183 184185 186 187201202203204205206207208209210211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228229299309310311
Tract: 131171305 Block: 108 109 110 111 112 113 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 199 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 299 301 302 303 304305306307308309310311312313314315316 317318319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 399 404 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 468 469 470 471 472 473 474 475 476 477 478 479 480 481 484 486 497 499D 499E
A RESOLUTION BY THE
FORSYTH COUNTY BOARD OF COMMISSIONERS
WHEREAS, the five member Board of Commissioners of Forsyth County was established by the General Assembly of the State of Georgia by Act of 1972, p. 2065; and,
WHEREAS, rapid growth of Forsyth County has created the need for a more efficient and effective form of management by the county's governing authority in order to fulfill its responsibilities to its citizens; and,
WHEREAS, the Forsyth County Grand Jury in its November, 2000, term handed down certain recommendations concerning the make-up of the five man Forsyth County Board of Commissioners, including, but not limited to, the creation of a full-time, paid, elected County Chair position; and,
WHEREAS, the members of the Forsyth County Board of Commissioners are in

4160 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____ accord with the recommendation of the Forsyth County Grand Jury as aforesaid.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, that the Forsyth County Board of Commissioners call on its representatives in the Georgia General Assembly to do all things necessary to amend and affect changes in the laws governing the make-up of the membership of the governing authority of Forsyth County so as to create a full-time, paid, elected County Chair position and reduce the number of Commissioner Districts from five to four.

SO RESOLVED this 12th day of March, 2001.

FORSYTH COUNTY BOARD OF COMMISSIONERS

John Kieffer

s/ John Kieffer, Chairman

Michael Bennett

(SEAL)

s/ Michael Bennett, Vice Chairman

David F. Pritchell

s/ David F. Pritchett, Secretary

Marcie Kreager

s/ Marcie Kreager, Member

Eddie Taylor

s/ Eddie Taylor, Member

Attest:

Cindy Henderson

s/ Cindy Henderson, Clerk

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Forsyth County, approved June 30,1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended,.

This day __of __, 2001.

Tom Knox Representative, 28th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas P. Knox, who on oath deposes and says that he is the Representative from the 28th District and further deposes and says as follows:

(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County

____________GEORGIA LAWS 2001 SESSION_________4161
on the following date: March 9, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TOM P. KNOX Tom P. Know Representative, 28th District
Sworn to and subscribed before me, this 13th day of March, 2001
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13,2001.

4162 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
MONROE COUNTY - BOARD OF COMMISSIONERS; COMPENSATION.
No. 126 (House Bill No. 922).
AN ACT
To amend an Act entitled "An Act creating the board of commissioners of Monroe County," approved August 19,1907(Ga. L. 1907, p. 318), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4111), so as to change the amount of compensation of the chairperson and members of the board of commissioners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act creating the board of commissioners of Monroe County," approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, particularly by an Act approved April 5,1995 (Ga. L. 1995, p. 4111), is amended by striking in their entirety the last two sentences of Section 6 and inserting in lieu thereof the following:
'The chairperson of the board of commissioners shall be compensated in the amount of $650.00 per month to be paid from the funds of Monroe County. The other members of the board of commissioners shall be compensated in the amount of $600.00 per month to be paid from the funds of Monroe County."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
SALARY RESOLUTION
WHEREAS, the Board of Commissioners of Monroe County, Georgia, are operating on a salary substantially below that of comparable counties; and
WHEREAS, a salary increase is reasonable and necessary;
The Board of Commissioners of Monroe County are hereby resolved to request that Honorable Curtis Jenkins and Honorable Susan Cable introduce an appropriate salary resolution in the Legislature seeking an appropriate increase in the monthly salary for the Monroe County Board of Commissioners.
SO ENACTED at a regular meeting of the Board of Commissioners on the 2nd day of January, 2001.
THE BOARD OF COMMISSIONERS OF MONROE COUNTY, GEORGIA

____________GEORGIA LAWS 2001 SESSION__________4163
J. Ben Spear, Jr. s/ J. BEN SPEAR, JR. - Chairman
James V. Ham s/ JAMES V, HAM - Vice Chairman
Larry C. Evans s/ LARRY C. EVANS - Member
Joe W. Proctor s/ JOE W. PROCTOR - Member
Harold W. Carlisle s/ HAROLD W. CARLISLE - Member Attest: Gail M. King s/ GAIL M. KING, CLERK (SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 Session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for the County of Monroe," approved August 19, 1907 (Ga. L. 1907, p. 318), as amended; and for other purposes.
This 5th day of March, 2001.
/s/ Curds Jenkins Representative, District 110
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Curtis S. Jenkins, who on oath deposes and says that he is the Representative from the 110th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County on the following date: March 7, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

4164 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
_____ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
_____ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ CURTIS S. JENKINS Curtis S. Jenkins Representative, 110th District
Sworn to and subscribed before me, this 12th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4165
DOWNTOWN STATESBORO DEVELOPMENT AUTHORITY MEMBERS; APPOINTMENT; VACANCIES; MEETINGS; NOTICES; BYLAWS.
No. 127 (House Bill No. 924).
AN ACT
To amend an Act to create the Downtown Statesboro Development Authority, approved April 9,1981 (Ga. L. 1981, p. 4821), so as to provide for the appointment of members of the authority; to provide for the filling of vacancies; to provide for meeting notices; to authorize the adoption of bylaws; 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 to create the Downtown Statesboro Development Authority, approved April 9, 1981 (Ga. L. 1981, p. 4821), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
'Section 2. Members.
(a) The authority will be composed of nine members who shall be selected as provided herein. The members of the authority serving on the effective date of this Act shall continue to serve out the term for which they were elected. Upon the expiration of the terms of the members serving on the effective date of this Act, successors shall be appointed to the authority as provided herein. Eight members shall be appointed by the members of the authority as their terms expire. Those eight members of the authority shall represent either the owners of real property and shall be known as the real property owner group or the owners of business establishments whose principal place of business is located in the downtown Statesboro district and who shall be a person or persons actually licensed and operating a business in the district and who shall be known as the business operator group. The ninth member shall be appointed by the governing authority of the City of Statesboro. Members of the authority shall serve two year terms of office except for the member appointed by the governing authority of the City of Statesboro who shall serve a one year term of office or until replaced by action of the governing authority. All action by the authority shall be by a majority vote of the members of the authority. In the appointment of members of the authority, including the real property owner group and the business operator group, one vote shall be given to each member of the authority. (b) Terms of office of all members of the authority except the member appointed by the governing authority of the City of Statesboro shall begin and terminate on March 1 of the respective years. Board members are required to attend all

4166 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
monthly board meetings. If a board member is absent from three consecutive monthly meetings, the board member, after official notification by the board and approval by the majority of the remaining board members, shall be asked to resign. (c) In the event that 33 1/3 percent of the total number of the members of either the real property owner group or the business operator group shall petition the authority, the authority shall call a caucus of the group for the purpose of recalling any member of the authority named to represent that group. At such a caucus, if a majority of such group present votes to recall any such member of the authority, such group shall appoint a successor to such recalled member to serve out the remainder of the term formerly occupied by the recalled member. No petition for the recall of any single member of the authority shall be filed within a 12 month period subsequent to the filing of any previous petition for the recall of such member. (d) Naturally occurring vacancies brought about by resignation or death shall be determined by a majority of the members of the authority that will, upon such a determination of a vacancy, appoint a new member. The newly appointed member shall serve out the term of office formerly occupied by the vacating member. (e) All persons required to give notice of meeting shall exercise reasonable care so that as nearly as practicable all persons entitled to notice of such meeting shall be appraised of such times and places.*
SECTION 2. Said Act is further amended by striking subsection (k) of Section 5 and inserting in lieu thereof a new subsection (k) to read as follows:
*(k) To adopt such bylaws governing the conduct of the affairs of the authority and to appoint such officers as the authority shall deem necessary;"
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
By resolution of the Mayor and City Council of Statesboro and pursuant to O.C.G.A. 28-1-14, notice is hereby given of the intent to introduce a local bill for consideration by the General Assembly of Georgia. The local bill would seek to revise the charter of the Downtown Statesboro Development Authority and would change from an elected Board to an appointed Board with provisions for filling vacancies and holdings of meetings.
This 6th day of March, 2001.
MAYOR AND CITY COUNCIL OF STATESBORO
GEORGIA, FULTON COUNTY

_____________GEORGIA LAWS 2001 SESSION__________4167
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who on oath deposes and says that he is the Representative from the 146th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County on the following date: March 9, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BOB LANE Bob Lane Representative, 146th District
Sworn to and subscribed before me, this 13th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.

4168 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
CITY OF SYLVESTER - CITY MANAGER; APPOINTMENT; POWERS; MAYOR'S POWERS; MAYOR AND COUNCIL; COMPENSATION.
No. 128 (House Bill No. 925).
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, so as to provide for an appointment of a city manager; to provide for the method of appointment and removal of the city manager; to establish the qualifications, powers, and duties of the city manager; to modify the powers of the mayor; to increase the compensation of the mayor and council; 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 a new charter for the City of Sylvester, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2116), as amended, is amended by striking Section 2-9 and inserting a new Section 2-9 to read as follows:
'SECTION 2-9. Function; authority of mayor; right to vote.
The mayor shall be the presiding officer of council and shall be entitled to vote on any question before the city council and be counted toward a quorum as any other councilmember. The mayor shall be head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy. The mayor shall have the power to administer oaths and to make affidavits; and to sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing."
SECTION 2. Said Act is further amended by striking Section 2-10 in its entirety.
SECTION 3. Said Act is further amended by striking Sections 2-12 and 2-13 and inserting in lieu thereof new Sections 2-12 and 2-13 to read as follows:
"SECTION 2-12. Salary of mayor.
The salary of the mayor shall be $600.00 per month, payable monthly.

_____________GEORGIA LAWS 2001 SESSION__________4169
SECTION 2-13. Salaries of councilmembers.
The compensation of the members of the council shall be $400.00 per month, payable monthly."
SECTION 4. Said Act is further amended by striking Section 3-7 in its entirety.
SECTION 5. Said Act is further amended by creating a new Section 3-18 to read as follows:
"SECTION 3-18. City manager; acting city manager; removal.
(a) A city manager for the City of Sylvester shall be selected and appointed by the mayor and council within a reasonable time after the effective date of this section. The city manager shall be the chief administrative officer of the city. He or she shall be responsible to the mayor and the council for the administration of all city affairs placed in his or her charge by and under this charter. The city manager shall be hired by the affirmative vote of at least three councilmembers or two councilmembers and the mayor, but the affirmative vote of at least four councilmembers or three councilmembers and the mayor shall be required for the firing or removal from office of the city manager. (b) The mayor and council shall appoint the city manager for an indefinite term and shall fix his or her compensation. The city manager shall be appointed solely on the basis of his or her executive and administrative qualifications, and the term and salary may be fixed by the mayor and council without the passage of an ordinance. Before taking office, the city manager shall furnish a fidelity bond in the amount of $100,000.00, conditioned upon the faithful performance of his or her duties, with a corporation licensed to do business in this state as a surety. Such bond shall be filed with the city clerk after being approved by the mayor and members of the city council. (c) The city manager shall have the following powers and duties:
(1) The city manager shall appoint and, when he or she deems it necessary for the good of the city, supervise, suspend, or remove all city employees and administrative officers so appointed, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter; provided, however, that the mayor and council shall have the sole power and authority to appoint, suspend, or remove the city attorney, city engineer, judge of the city police court, and all members of boards, commissions, or authorities which the mayor and council have created or shall create or of which the city is or shall be a member; provided, further, that the city manager shall not appoint, suspend, or remove any city government department head without the prior approval ofthe mayor and the members of the city council. For the purpose of this section, a department head shall include, but not be limited to, the city clerk, chief of

4170 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
police, fire chief, city general superintendent, building inspector, ordinance enforcement officer, and the heads of the street, water, gas, and electrical departments. Any city employee or administrative officer suspended or removed under this paragraph may, within five working days of said suspension or removal, file a written request with the city clerk requesting that the mayor and the council review such action. After such written request is filed, the mayor and council may veto any such suspension or removal within 30 days thereof; (2) The city manager shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by state law; (3) The city manager shall attend all public city council meetings and special meetings held by the city council and shall have the right to take part in the discussion but may not vote. Nevertheless, the city manager shall not be authorized to attend any executive session dealing with the city manager or his or her office unless authorized to do so by the affirmative vote of four councilmembers or three councilmembers and the mayor; (4) The city manager shall see that all laws, provisions of this charter, and acts of the mayor and council, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed; (5) The city manager shall prepare and submit the annual operating budget and capital budget to the mayor and council. With prior approval of the mayor and council, he or she shall be authorized to make expenditures and purchases in accordance with the operating budget; (6) The city manager shall submit to the mayor and council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) The city manager shall make such reports as the mayor and council may require concerning the operations of city departments, offices, and agencies subject to his or her direction and supervision; (8) The city manager shall keep the mayor and council fully advised as to the financial condition and future needs of the city and shall make such recommendations to the mayor and council concerning the affairs of the city as he or she deems desirable and as the mayor and council may require; (9) The city manager shall perform such other duties as are specified in this charter or may be required by mayor and council; and (10) The city manager shall propose the salaries and compensation of all employees of the city, except those enumerated in paragraph (1) of subsection (c) of this section, provided that no proposed raise in salary or compensation of such employee shall become effective until it is approved by the mayor and council at a regular meeting of the mayor and council. (d) During the temporary absence or disability of the city manager, the mayor and council may revoke such designation of the city manager at any time and appoint another officer of the city to serve until the city manager shall return or his or her disability ceases. The mayor and council shall have the power to appoint the mayor to serve as acting city manager during the temporary absence

_____________GEORGIA LAWS 2001 SESSION__________4171
or disability of the city manager or during such time as the office of such city manager shall remain vacant. Should the mayor and council so appoint the mayor as acting city manager and the mayor so serve, the mayor shall not be entitled to receive the salary of the city manager. For the purpose of this section, the disability of the city manager shall include being suspended from his or her duties by the mayor and council. The acting city manager shall cease exercising the powers and duties of the city manager upon the appointment of a city manager or upon the revocation of said acting city manager's appointment by the mayor and council. In those instances in which the mayor has been appointed acting city manager, the mayor shall cease exercising the powers and duties of the city manager upon the appointment of a city manager or upon the revocation of said acting city manager's appointment by the mayor and council. The acting city manager shall take the same oath as the city manager but need not furnish a fidelity bond. (e) The city council may remove the city manager from office in accordance with the following procedures:
(1) The mayor and council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the mayor and council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the mayor and council a written reply not later than five days before the hearing; (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the mayor and council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of four councilmembers or three councilmembers and the mayor. If the city manager has requested a public hearing, the mayor and council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of four councilmembers or three councilmembers and the mayor at any time after the public hearing; (4) The city manager shall continue to receive his or her salary and benefits until the effective date of a final resolution of removal; and (5) The city manager may be removed from office for cause or without cause. If removed without cause, he or she shall be entitled to receive his or her regular salary and benefits for a period of90 days from the effective date ofthe final resolution of removal."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

4172 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____ Larry Johnson, Councilman P. O. Box 370 Sylvester, Georgia 31791
February 25, 2001
The Honorable Ray Holland State Representative Georgia General Assembly 2001 Georgia State Capitol Suite 401 Atlanta, Georgia 30334
Dear Ray Holland:
The City Sylvester, Mayor and Council, needs your assistance in Introducing a bill, amending our charters to include, a much needed City Manager, and increasing City Officials salaries. Amend the City officials salaries from, $200.00 for the Mayor to $600.00, and the Council members from $100.00 to $400.00, a month. These amendments and changes to our charter will bring the City of Sylvester up to the twenty-first century.
Your assistance in the matter will be greatly appreciated.
Please contact me at the above address if you have any questions or need additional information. I can be contacted by phone at (229)776-9520 or (229)776-8505. A fax can be sent to (229)776-1887. An e-mail can be sent to ward4citv@aol.com.
Sincerely,
s/Larry Johnson Larry Johnson, Councilman
TELECOPY TRANSMITTAL
PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE.
TO: Ray Holland
FAX NO. (404)651-6972
FROM: CLARENCE A. MILLER
Date: March 13, 2001
THE NUMBER OF PAGES, INCLUDING COVER SHEET: 2

_____________GEORGIA LAWS 2001 SESSION__________4173
Please notify the operator immediately if all material was not received.
ADDITIONAL MESSAGE: Re: City of Sylvester Ray: Transmitted herewith is copy of certified minutes City of Sylvester
Thank you for your efforts. C.A. Miller
CALLED MEETING CITY HALL COUNCIL CHAMBERS FRIDAY, MARCH 2,2001 2:00 P.M.
Those present were Melvin Powell, Mayor Pro-tern; William Yearta and Larry Johnson, Council members; and Deborah G. Bridges, City Clerk. Members absent Leroy Wilkerson, Mayor and Bruce Washington, Council member.
The meeting was held for the purpose of reviewing and discussing revisions to the City Charter.
Upon motion by Johnson and seconded by Yearta it was voted to amend the City of Sylvester City Charter to include City Manager using the City of Cleveland model charter with the following amendments to Section 6b. (c) (1) to include department heads under power and authority ofmayor and council for appointment, suspension or removal, Section 6b. (c)(10) to include department heads as an exception from City Administrator for proposing salaries and compensation, Section 6b. (e) (5) change period of entitlement to regular salary and benefits to a period of 90 days, include a salary increase for elected officials for Mayor $600.00 per month and for Council members $400.00 per month, include Section 2.33 Power and Duties of Mayor from the Georgia Model Municipal Charter (a) through (e), allow Mayor to take part in the hiring and firing of the City Manager with a majority vote for hiring and 4 out 5 vote for removal, and form of government will be a Council Manager government with a weak Mayor. Unanimous.
The Mayor Pro-tern duly adjourned the meeting at approximately 2:30 p.m.
s/ Melvin L. Powell Melvin Powell, Mayor Pro-tern s/ Deborah G. Bridges Deborah G. Bridges, City Clerk
CERTIFICATE
GEORGIA, WORTH COUNTY
The undersigned DEBORAH G. BRIDGES does hereby certify that she is the duly appointed and Acting Clerk of Council for the City of Sylvester, Georgia and the keeper of its records and Seal, and does further certify that the above and

4174 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
foregoing is a true and correct copy of council meeting minutes for called meeting held on Friday, March 2,2001 and approved by the Mayor and Council at a regular meeting of said Mayor and Council duly held on March 5, 2001.

This 13th day of March 2001.

(SEAL)

s/ Deborah G. Bridges DEBORAH G. BRIDGES Clerk of Council City of Sylvester, Georgia

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act creating a Charter for the City of Sylvester, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2116), as amended; so as to provide for an appointment of a city manager, to provide for the method of appointment and removal of the city manager; to establish the qualifications, powers and duties of the city manager; to modify the powers of the mayor; to increase the compensation of the mayor and council; to provide for all related matters; and for other purposes.

This 2nd day of March 2001.

Clarence A. Miller City Attorney
City of Sylvester, Georgia

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray Holland, who on oath deposes and says that he is the Representative from the 157th District and further deposes and says as follows:

(1) That the attached 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: March 7, 2001.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

____________GEORGIA LAWS 2001 SESSION__________4175
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ RAY HOLLAND Ray Holland Representative, 15 7th District
Sworn to and subscribed before me, this 13th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
SUMTER COUNTY LIVESTOCK AUTHORITY - MEMBERSHIP.
No. 130 (House Bill No. 882).
AN ACT
To amend an Act creating the Sumter County Livestock Authority, approved April 7, 1992 (Ga. L. 1992, p. 5757), so as to change the provisions relating to the membership of the authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4176 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 1. An Act creating the Sumter County Livestock Authority, approved April 7, 1992 (Ga. L. 1992, p. 5757), is amended by striking subsection (a) of Section 2 of said Act and inserting in its place the following:
'(a) There is created the Sumter County Livestock Authority which shall be a body corporate and politic and is declared to be a public corporation created for the operation of a livestock sale facility within Sumter County. The authority shall have a board of directors which shall consist of five members appointed by the Board of Commissioners of Sumter County, provided that any person who is serving as a member of the board of directors on April 1,2001, shall continue as a member of the board until the expiration of such member's term and the board of directors shall be composed of more than five members until such time. No appointment to fill a vacancy or to fill a position shall be made if such appointment would result in the board of directors consisting of more than five members. Successors to all members shall be appointed for terms of four years and until their respective successors are appointed. Vacancies shall be filled for the remainder of the unexpired term by appointment by the Board of Commissioners of Sumter County. Such board may remove any member for cause. The directors shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer, cither of whom may but need not be a director. The authority 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 hereby given that there will be introduced at the regular 2001 Session of the General Assembly of Georgia a bill to reduce the number of Board members on the Sumter County Livestock Authority from nine (9) to five (5) to provide for staggered terms; to make other provisions relating to such Board; and for other purposes.
THIS, the 27th day of February, 2001.
BOARD OF COMMISSIONERS OF SUMTER COUNTY, GEORGIA
March 2, 2001
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Skipper, who on oath deposes and says that he is the Representative from the 137th District and further deposes and says as follows:

____________GEORGIA LAWS 2001 SESSION__________4177
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Americus Times Recorder which is the official organ of Sumter County on the following date: March 2, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 2 8-1 -14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JIMMY SKIPPER Jimmy Skipper Representative, 137th District
Sworn to and subscribed before me, this 7th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.

4178 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ADEL/COOK COUNTY TOURISM AUTHORITY - CREATION.
No. 131 (House Bill No. 884).
AN ACT
To establish the Adel/Cook County Tourism Authority; to provide for a short title; to provide for the purpose of the authority; to provide for definitions; to provide for the membership of the authority; to provide for the election of officers, a quorum, bylaws, and procedures at meetings: to provide for expenses of members; to provide for filling vacancies on the authority; to provide for the powers of the authority; to provide for the use of funds by the authority; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Adel/Cook County Tourism Authority Act."
SECTION 2. The purpose of this Act is to create the Adel/Cook County Tourism Authority. The authority is created for the purpose of developing and directing projects which support and promote tourism in the Adel/Cook County area.
SECTION 3. As used in this Act, the term "authority" shall mean the Adel/Cook County Tourism Authority created by this Act.
SECTION 4. The authority shall consist of seven directors. Two directors shall be appointed by the Board of Commissioners of Cook County; two directors shall be appointed by the mayor and council of the City of Adel; and three directors shall be appointed by the members of the Adel Industrial Development Authority. Directors shall serve for terms of four years and until their successors are appointed and qualified.
SECTION 5. The membership of the authority shall elect from among themselves a chairperson and vice chairperson, each of whom shall continue as voting members. The chairperson shall preside over the meetings of the authority, and the vice chairperson shall preside in his or her absence, and such officers shall have such other powers, duties, and responsibilities as are set out elsewhere herein. The authority shall also choose a secretary, who may or may not be a member of the authority, to keep the minutes and records of the authority. Four members of the authority shall constitute a quorum. A majority of the quorum may exercise any

____________GEORGIA LAWS 2001 SESSION__________4179
and all powers of the authority. The authority shall, as soon as practicable, adopt its own bylaws, rules, and procedures to govern its internal workings and the conduct of its business. The authority shall meet at least once a month and at such other times as it may deem necessary.
SECTION 6. 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 7. Should any appointed member vacate his or her office as a member, either by resignation, death, change of residence, unexcused failure to attend three schedules meetings in a row, or other reason, the governing authority by whom the appointment was made shall, as soon as practicable, appoint another member to the authority to serve for the remainder of the term.
SECTION 8. (a) The authority shall possess all the powers necessary or convenient to accomplish its purposes, including the following specific powers which shall not be construed as a limitation upon the general and other specific powers of the authority:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts and other instruments necessary to exercise the powers of the authority, any of which contracts may be made with Cook County or with any one or more municipal corporations in such county. Cook County and all municipal corporations therein are authorized to enter into contracts with the authority; (4) To receive and administer gifts, grants, and devises of any property and to administer trusts; (5) To acquire, by purchase, gift, or construction, any real or personal property desired to be acquired as part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating, or remodeling any project or part thereof already acquired or for the purpose of demolition to make room for such project or any part thereof; (6) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, or grant options for any real or personal property or interest therein for any such purposes; (7) Except as otherwise provided in paragraph (7.1) of this section, to dispose of any real property for fair market value, regardless of prior development of such property as a project, whenever the authority may deem such disposition to be in the best interests of the authority if the authority prior to such disposition shall determine that such real property no longer can be used advantageously as a project for the development of tourism; (7.1) Notwithstanding any other provision of this Act to the contrary, to

4180 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
dispose of any real property for fair market value or any amount below fair market value as determined by the authority, regardless of prior development of such property as a project, whenever the authority may deem such disposition to be in the best interests of the authority if the authority prior to such disposition shall determine that such real property no longer can be used advantageously as a project for the development of tourism and if title to such real property is to be transferred to the state; (8) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority; (9) To appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties; (10) To extend credit or make loans to any person, firm, corporation, or other industrial entity for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agreements, contracts, and all other instruments, fees, or charges, upon such terms and conditions as the authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds; and, in the exercise of powers granted by this section in connection with a project for such person, firm, corporation, or other industrial entity, to require the inclusion in any contract, loan agreement, security agreement, or other instrument, of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the authority may deem necessary or desirable; (11) To acquire, accept, or retain equitable interests, security interests, or other interest in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer, in order to secure the repayment of any moneys loaned or credit extended by the authority; (12) To construct, acquire, own, repair, remodel, maintain, extend, improve, and equip projects located on land owned or leased by the authority or land owned or leased by others and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the authority or from any contribution or loans by persons, firms, or corporations or any other contribution, all of which the authority is authorized to receive, accept, and use; (13) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving the project, or for the purpose of refunding any such bonds of the authority theretofore issued and to otherwise carry out the purposes ofthis Act and to pay all other costs of the authority incident to or necessary and appropriate to such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Code Section 36-62-8 of the O.C.G.A.; (14) As security for repayment of authority obligations, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or

____________GEORGIA LAWS 2001 SESSION__________4181
personal, of such authority and to execute any trust agreement, indenture, or security agreement containing any provisions not in conflict with law, which trust agreement, indenture, or security agreement may provide for foreclosure or forced sale of any property of the authority upon default, on such obligations, either in payment of principal or interest or in the performance of any term or condition, as are contained in such agreement or indenture. This state, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein, waives any right which it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority so mortgaged or encumbered, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; (15) To expend for the promotion of tourism within its area of operations any funds of the authority determined by the authority to be in excess of those needed for the other corporate purposes of the authority; and (16) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. (b) The authority shall not have the power of eminent domain.
SECTION 9. The funds of the authority, from whatever source derived, shall be used only in support of tourism in the City of Adel and Cook County. The authority shall keep suitable books and records of all its obligations, contracts, transactions and undertakings, all income, and all expenditures of every kind.
SECTION 10. 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 in full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudicated invalid or unconstitutional was not originally a part of this Act. The General Assembly declares that it would have passed the remaining parts of the Act if it had known that such parts of this Act would be declared or adjudicated invalid or unconstitutional.
SECTION 11. This Act shall become effective on July 1, 2001.
SECTION 12. 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 legislative act in the General Assembly to create THE ADEL/COOK COUNTY TOURISM AUTHORITY. The purpose of the Authority is to develop and promote tourism in Cook County.

4182 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PENNY HOUSTON Georgia House of Representatives
District 166
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Penny Houston, who on oath deposes and says that she is the Representative from the 166th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Adel News Tribune which is the official organ of Cook County on the following date: March 7, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy ofsuch resolution or other written notification is attached hereto.
X The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ PENNY HOUSTON Penny Houston Representative, 166th District
Sworn to and subscribed before me, this 7th day of March, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4183
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
HANCOCK COUNTY - BOARD OF COMMISSIONERS; CHAIRPERSON; COMPENSATION; CHECKS.
No. 132 (House Bill No. 888).
AN ACT
To amend an Act creating the Board of Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, so as to change the base annual salary ofthe chairperson ofthe board of commissioners; to provide requirements for the signing of checks; to provide 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 Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, is amended by striking paragraph (1) of subsection (c) of Section VIII and inserting in its place the following:
"(c)(l) The chairperson and other members of the board of commissioners shall be compensated as follows:
(A) The person serving as chairperson of the board of commissioners shall receive a base annual salary of $30,000.00; (B) Each member of the board of commissioners, other than the chairperson, shall receive a base annual salary of $4,500.00; and (C) The chairperson shall receive an expense allowance of $1,500.00 per annum and the other members of the board shall receive an expense allowance of $300.00 per annum."
SECTION 2. Said Act is further amended by adding at the end of Section VIII a new subsection (d) to read as follows:
"(d) All checks of the county must bear the signatures of the chairperson and one other commissioner, except in case of an emergency when the chairperson is out of the county for more than 72 consecutive hours or has been declared incompetent, in which case the signatures of two commissioners shall be

4184 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____ required.*

SECTION 3. This Act shall become effective January 1, 2002.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

HANCOCK COUNTY BOARD OF COMMISSIONERS

RESOLUTION

WHEREAS, the Commission Chair is the only full time member of the Board; and

WHEREAS, the Commission Chair has the ultimate responsibility for the day to day operation of county business, personnel, policy, and disbursement; and

WHEREAS, as County Commission Chair of Hancock; the Chair is entitled to be compensated in a manner equitable to the other such counties.

BE IT NOW RESOLVED THAT:

(1) all county checks must bear the signatures of two Commissioners with one of the signatures being that of the Chairman (except in the case of an emergency when the Chairman is out of the county for more than three consecutive days (72 hours) or declared incompetent in which case the signatures of two Commissioners will be required).

(2) the Chair shall have a base salary of $30,000 annually; and shall be eligible for the same increases as the county Sheriff and other constitutional officers.

In Witness Whereof, We have hereunto set our hand and caused the Seal of Hancock County to be affixed.

This 6th day of March 2001

s/ Betty Hill Chairman

s/ Billy G. Boyer Commissioner

ATTEST: s/ Mamie D. Smith Clerk

s/ Bobby Warren Vice-Chairman

____________GEORGIA LAWS 2001 SESSION__________4185
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners ofHancock County, approved October 5,1885 (Ga. L. 1884-85, p. 435), as amended; and for other purposes.
This 9th day of February 2001.
/s/ Helen G. Hudson
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sistie Hudson, who on oath deposes and says that she is the Representative from the 120th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmaelite which is the official organ of Hancock County on the following date: February 15, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
_____ The notice requirement ofsubsection (b) ofCode Section 28-1 -14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

4186 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ SISTIE HUDSON Sistie Hudson Representative, 120th District
Sworn to and subscribed before me, this 8th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
CITY OF FORT OGLETHORPE - HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.
No. 133 (House Bill No. 898).
AN ACT
To provide for a homestead exemption from all City of Fort Oglethorpe ad valorem taxes for municipal purposes in an amount not to exceed $40,000.00 ofthe assessed value of the homestead for certain residents of that school district who are totally disabled and whose annual net income does not exceed $14,000.00; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Fort Oglethorpe except taxes to pay interest on and to retire bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Net income" means the resident's net income together with the net income of the resident's spouse who also occupies and resides at such homestead, as net income is defined by Georgia income tax law. (4) "Totally disabled" means being mentally or physically incapacitated to the extent that such resident is unable to be gainfully employed and to the extent that such incapacity is likely to be permanent.

____________GEORGIA LAWS 2001 SESSION__________4187
(b) Each resident ofthe City of Fort Oglethorpe who is totally disabled and whose net income for the immediately preceding taxable year does not exceed $ 14,000.00 is granted an exemption not to exceed $40,000.00 of the assessed value of that person's homestead from all City of Fort Oglethorpe ad valorem taxes for municipal purposes. The value of the property in excess of such exempted amount shall remain subject to taxation.
(c)(l) In order to qualify for the disability exemption provided for in subsection (b) of this section, the person claiming such exemption shall be required to obtain a certificate from not more than two physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an affidavit and application with the governing authority of the City of Fort Oglethorpe, or the designee thereof, giving:
(A) The certificate or certificates required by paragraph (1) of this subsection; and (B) Such information relative to receiving such exemption as will enable the governing authority of the City of Fort Oglethorpe, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption. (d) The governing authority ofthe City ofFort Oglethorpe, or the designee thereof, shall provide affidavit and application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, affidavit, and certificate as provided in subsection (c) ofthis section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Fort Oglethorpe, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county school district ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to ad valorem taxes for municipal purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2002.

4188 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Fort Oglethorpe shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Fort Oglethorpe for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. The municipal 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 Catoosa and Walker counties. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from all City of Fort Oglethorpe ad valorem taxes for municipal
NO ( ) purposes in an amount not to exceed $40,000.00 of the assessed value of the homestead for certain residents of that city whose net income for the immediately preceding taxable year does not exceed $14,000.00 and who are totally disabled?"
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 on January 1, 2002. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Fort Oglethorpe. It shall be the municipal election superintendent's duty to certify the result thereofto the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
STATE OF GEORGIA CITY OF FORT OGLETHORPE
RESOLUTION NO. 2001-09
WHEREAS, it is the intention of the City of Fort Oglethorpe, Georgia to assist the totally disabled with a limited net income who own homes within the City;
NOW, THEREFORE, BE IT RESOLVED, that the City seek assistance from the

_____________GEORGIA LAWS 2001 SESSION__________4189
local delegation in the General Assembly to assist with the introduction of and passage of local legislation which allows each resident of the City of Fort Oglethorpe, Georgia who is totally disabled and whose net income for the immediately preceding taxable year does not exceed $14,000.00, to be granted an exemption up to $40,000.00, of the value of that person's homestead from all City of Fort Oglethorpe Ad Valorem taxes for City purposes.
SO RESOLVED, this 1st day of March, 2001.
Judson Burkhart s/ JUDSON BURKHART, MAYOR
ATTEST: Ken Marks s/ KEN MARKS, CITY CLERK
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide for exemption from City of Fort Oglethorpe Ad Valorem taxes for city purposes up to $40,000.00; of the value of the homestead of residence; who are totally disabled and whose annual income does not exceed $ 14,000.00; to provide for a referendum; to provide for matters relative to the foregoing; and for other purposes.
Judson Burkhart, Mayor City of Fort Oglethorpe
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Snow, who on oath deposes and says that he is the Representative from the 2nd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on the following date: March?, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

4190 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy ofsuch resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ MIKE SNOW Mike Snow Representative, 2nd District
Sworn to and subscribed before me, this 8th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
MADISON COUNTY - CORONER; COMPENSATION.
No. 134 (House Bill No. 889).
AN ACT
To amend an Act establishing a salary for the clerk of the superior court, the ordinary, the tax commissioner, and the coroner of Madison County, approved March 31, 1965 (Ga. L. 1965, p. 3068), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3562), so as to change the provisions regarding the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.

_____________GEORGIA LAWS 2001 SESSION__________4191
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act establishing a salary for the clerk of the superior court, the ordinary, the tax commissioner, and the coroner of Madison County, approved March 31,1965 (Ga. L. 1965, p. 3068), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3562), is amended by striking Section 5 thereof and inserting in its place the following:
'SECTION 5. (a) The coroner shall receive an annual base salary of $4,500.00 payable in equal monthly installments from the funds of Madison County. (b) On and after July 1, 2002, whenever the employees in the classified service ofthe state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amount fixed in subsection (a) of this section shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount fixed in subsection (a) of this section shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The periodic changes in such amount as authorized by this subsection shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that ifthe cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in such amount shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.*
SECTION 2. This Act shall become effective on January 1, 2002.
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 2001 session of the General Assembly of Georgia a bill to amend an Act establishing a salary for the clerk of superior court, the ordinary, the tax commissioner and the coroner of Madison County, approved March 31, 1965 (Ga. L. 1965, p. 3063), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3562); and for other purposes.
This 5th day of March, 2001.

4192 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Wesley J. Nash, Chairman Madison County Board of Commissioners
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph T. Hudgens, who on oath deposes and says that he is the Representative from the 24th District and further deposes and says as follows:
(1) That the attached 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: March 9, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ RALPH HUDGENS Ralph Hudgens Representative, 24th District
Sworn to and subscribed before me, this 9th day of March, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4193
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13, 2001.
MADISON COUNTY - SHERIFF; VACANCIES.
No. 135 (House Bill No. 890).
AN ACT
To provide for filling vacancies in the office of Sheriff of Madison 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. Vacancies in the office of Sheriff of Madison County shall be filled by appointment by the Board of Commissioners of Madison County until the vacancy is filled as provided in Section 2 of this Act.
SECTION 2. If at the time the vacancy occurs there are more than six months remaining in the unexpired term of office, the vacancy shall be filled for the remainder of the unexpired term at a special election to be called by the county election superintendent; and the person acting as sheriff under Section 1 of this Act shall act until a successor is so elected for the remainder of the unexpired term and until a successor is elected at the general election for county officers and is qualified. If at the time the vacancy occurs there are six months or less remaining in the unexpired term of office, the person acting as sheriff under Section 1 of this Act shall serve for the remainder of the unexpired term of office and until a successor is elected at the general election for county officers and is qualified.
SECTION 3. This Act shall only become effective if a general law is enacted at the 2001 regular session of the General Assembly which authorizes local laws to provide for the method of filling vacancies in the office of sheriff of any county and, if so enacted, this Act shall become effective at the same time that such general law becomes effective.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

4194 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 2001 session of the General Assembly of Georgia a bill to change the method of filling vacancies on the office of sheriff of Madison County; and for other purposes.
This 5th day of March, 2001.
Wesley J. Nash, Chairman Madison County Board of Commissioners
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph T. Hudgens, who on oath deposes and says that he is the Representative from the 24th District and further deposes and says as follows:
(1) That the attached 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: March 9, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

_____________GEORGIA LAWS 2001 SESSION__________4195
s/ RALPH HUDGENS Ralph Hudgens Representative, 24th District
Sworn to and subscribed before me, this 9th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13,2001.
CITY OF OXFORD - NEW CHARTER.
No. 136 (House Bill No. 891).
AN ACT
To provide a new charter for the City of Oxford; to provide for incorporation, boundaries, and powers ofthe city; to provide for a governing authority ofsuch city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor, mayor pro tempore, and city council and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, a city accountant, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes.

4196 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. Name.
This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style City of Oxford, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries as stated in charter of 1914.
(a) Original boundaries. The northern boundary of the City of Oxford shall be a line beginning at a rock at northwest corner of land lot number two hundred ninety one, situated and being in the ninth district of original Henry, but not Newton County, and running along the northern boundary of said land lot and continuing in a straight line east until it intersects Dried Indian Creek. The western boundary of the City of Oxford shall be a line beginning at the rock already mentioned as northwest corner of land lot number two hundred ninety-one and land lots number two hundred ninety-one and two hundred running in a southerly direction along the west boundary of eighty-eight, and continuing in same straight line until it reaches southern boundary hereinafter described. The eastern boundary of the City of Oxford shall be a line beginning where the northern boundary of said city, before described, intersects Dried Indian Creek, and running thence down the channel of said Dried Indian Creek to a ford in said creek situated in southwest corner of property now owned by Jno. F. Bonnell, from which point the boundary line shall run south, following a line between property of L. L. Johnson and W. P. Odum, until it reaches southern boundary hereinafter described. The southern boundary of the City of Oxford shall be an east and west line which shall be a continuation of the southern boundary of the land subdivided into lots by Kidd and Marshall, being southern boundary of lots fifteen, sixteen seventeen, and eighteen in block E and lot forty-eight in block G in said Kidd and Marshall's plat; also southern boundary of parcel of land sold by J.Z. Johnson and J.E. Blackstock to Harper. Said southern boundary shall extend in straight line east until it intersects eastern boundary line of the City of Oxford hereinbefore described, and west until it intersects western boundary line of the City of Oxford hereinbefore described. (b) Present and future boundaries. The boundaries of the City of Oxford shall be those existing on July 1, 2001, with such alterations as may be made from time to time in the manner provided by local law or general state law. The boundaries of the City of Oxford 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 "Official Comprehensive Zoning Map (or Description), City of Oxford, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in

_____________GEORGIA LAWS 2001 SESSION__________4197
all courts and shall have the same force and effect as with the original map or description. The mayor and council may provide for the redrawing of any such map by resolution to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Municipal powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention a particular power 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 not be limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Alcoholic beverages. Liquors are not to be kept for sale. The keeping for sale, selling, or offering for sale of any spirituous, vinous, malt, or fermented wines or liquors within the corporate limits of said city is hereby prohibited forever. The mayor and council of the City of Oxford shall have no power or authority to license the sale thereof and it shall be their duty to enforce this prohibition by the enactment of necessary ordinances with suitable penalties for violation; (3) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (4) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (5) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all building and housing trades;

4198 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(6) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city fees or taxes; (7) Cemeteries. The mayor and council shall have jurisdiction over all cemeteries belonging to or located in said city and may provide by ordinance for a public cemetery. They may appoint such employees to superintend the care thereof as they deem proper. They may enact ordinances to prevent trespass therein and to prevent any person from defacing any work therein. They may regulate the charges for grave digging, hearse fees, and any and every thing pertaining to the care and operation of such cemeteries; (8) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (9) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (10) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (11) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city through the preservation and improvement ofair quality, the restoration and maintenance ofwater resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (12) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (13) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in said city or doing business therein and benefitting 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; (14) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;

___________GEORGIA LAWS 2001 SESSION__________4199
(15) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (16) Health and sanitation. To prescribe standards ofhealth and sanitation and to provide for the enforcement of such standards; (17) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (18) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (19) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (20) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (21) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (22) Municipal property protection. To provide for the preservation and protection ofproperty and equipment ofthe city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; to provide for the withdrawal of service for refusal or failure to pay the same; to authorize the extension of water, sewerage, and electrical distribution systems and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (24) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (25) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (26) Planning and zoning. To provide comprehensive city planning for

4200 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
development by zoning; and to provide subdivision regulation and the like as the mayor and council deem necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers; and to establish, operate, or contract for a police and a fire-fighting agency; (28) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (29) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, correctional, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of intoxication, riots, and public disturbances; (31) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (33) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits ofthe city; and to prescribe penalties and punishment for violation of such ordinances; (34) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city, for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be

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provided by ordinance; to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do
so; (36) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (37) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; (38) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors and drugs, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (39) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (40) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (41) Taxes: other. To levy and collect such other taxes as may be allowed
now or in the future by law; (42) Trees. The mayor and council shall have full power and authority to adopt and enforce ordinances for the protection and preservation of trees on the streets, public places, cemeteries, and parks in said city and to prevent the cutting, impairing, or mutilations thereof by telephone, telegraph, or electric light linemen or employees or any other person unless the same is done under and with the express and formal consent of the mayor and council or some officer appointed by them to direct the same, and then only when absolutely necessary for the public service or safety; (43) Urban redevelopment. To organize and operate an urban redevelopment
program; (44) Vehicles for Hire. To regulate and license vehicles operated for hire in the

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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 the parking of such vehicles; and (45) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; 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; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II. GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; 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 six councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter.
SECTION2.il. City council terms and qualifications for office.
The members of the city council shall serve for terms of four years and until their respective successors are elected and sworn in. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the city for 12 months prior to the date of qualification for the election of mayor or councilmember, as the case may be. Each such official shall continue to reside in the city during his or her period of service and continue to be registered and qualified to vote in municipal elections of this city.

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SECTION 2.12. Vacancy; suspensions; filling of vacancies.
(a) Vacancies. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by the mayor and council. A failure to take the oath of office within 15 days after the first day of January, unless for providential cause, shall operate to vacate the office of the mayor or councilmember. (b) Suspension. Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the mayor and council, or those remaining, shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (c) Filling vacancy. In the event of a vacancy in the office of mayor or councilmember prior to the expiration of a regular term of office, the remaining councilmembers and mayor, if any, shall fill the vacant office for the unexpired term, provided that the person or persons selected shall meet the requirements of Section 2.11 of this charter.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Officers as trustees. Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance 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 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

4204 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in the matter pending before mayor and 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. (d) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by mayor and council or the governing body of such agency or entity. (e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the mayor and council. (f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or appointive office in city government during the term for which he or she was elected. (g) Political activities of certain officers and employees. No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office, (h) Penalties for violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position. (2) Any officer or employee of the city who shall forfeit his or her office or position as described in paragraph (1) of this subsection shall be ineligible for

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appointment or election to or employment in a position in the city government for a period of three years thereafter.
SECTION 2.15. Inquiries and investigations.
The mayor and council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the mayor and council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the mayor and council.
Except as otherwise provided by law or this charter, the mayor and council shall be vested with all the powers of government of this city as provided by Article I of this charter.
SECTION 2.17. Eminent domain.
The mayor and council are empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, correctional, detentional, penal, and medical institutions, agencies, and facilities and any other public improvements, inside or outside the city, and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meetings.
The mayor and council shall hold an organizational meeting on the first Monday of each year, unless such date falls on a holiday, then on the second Monday. The meeting shall be called to order by a legal officer of the court and the oath of office shall be administered to the mayor and councilmembers as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) ofthis 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."

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SECTION 2.19. Regular and special meetings.
(a) The mayor and council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the mayor and council may be held on call of the mayor or four members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to the mayor or councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor or a councilmember 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 councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the mayor and council shall be public to the extent required by law and notice to the public of special meetings shall be made as fully as is reasonably possible prior to such meetings.
SECTION 2.20. Rules of procedure.
(a) The mayor and council shall adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of proceedings, which shall be a public record. (b) All committees, boards, and commissions of citizens shall be appointed by the mayor and council and shall serve at their pleasure. The mayor and council shall have the power to appoint new members to any committee at any time and each committee may appoint its own chairperson, if said chairperson has not been specially appointed by the mayor and council.
SECTION 2.21. Quorum; voting.
Five councilmembers, one of whom may be the mayor, shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote or raising of right hand and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion.

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SECTION 2.22. Ordinance form; procedure.
(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Oxford hereby ordains" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by mayor and council in accordance with the rules which they shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as mayor and council may designate.
SECTION 2.23. Action requiring an ordinance.
Acts of the mayor and council which have the force and effect of law shall be enacted by ordinance or resolution.
SECTION 2.24. Emergencies.
To meet a public emergency affecting life, health, property, or public peace, the mayor and council may convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing such 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 ofat least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

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SECTION 2.25. Code of technical regulations.
(a) The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances and resolutions adopted by the council. (b) The mayor and council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the mayor and council by ordinance and shall be published promptly together with all amendments thereto and such codes of technical regulations and other rules and regulations as the mayor and council may specify. This compilation shall be known and cited officially as "The Code of the City of Oxford, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the mayor and council. (c) The mayor and council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the mayor and 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 for incorporation therein. The mayor and council shall make such further arrangements as deemed desirable with the reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

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SECTION 2.27. Election of mayor; forfeiture; compensation.
The mayor shall be elected and shall serve for a term of four years and until his or her successor is elected and qualified. The mayor shall be a qualified elector of the city and shall have been a resident of the city for 12 months prior to his or her qualification for his or her election. The mayor 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 councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.28. Chief executive officer.
The mayor shall be the chief executive of the city. The mayor shall possess all of the executive and administrative power 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) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the mayor and council and be counted toward a quorum as any other councilmember; (6) Have prepared and submitted to the council a recommended annual operating budget and recommended capital budget; (7) Assign councilmembers to their committees of responsibilities each year at the first scheduled council meeting; and (8) Fulfill such other executive and administrative duties as the mayor and council shall establish by ordinance.
SECTION 2.30. Mayor pro tempore; selection; duties.
By a majority vote, the mayor and council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city

4210 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
council and shall assume the duties and powers of the mayor upon the mayor's disability or absence. The mayor and council by a majority vote shall elect a new presiding officer from among the councilmembers 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 councilmembers.
ARTICLE III. ADMINISTRATIVE AFFAIRS. A. Organization and General Provisions.
SECTION 3.10. Department heads.
(a) Except as otherwise provided in this charter, the mayor and council by resolution shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city and establish professional qualifications as necessary for the proper administration of the affairs and government of the city. (b) Except as otherwise provided by this charter or by law, all appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers shall receive such compensation as prescribed by ordinance or resolution. (d) The city clerk shall be the principal administrative officer of the City of Oxford, subject to the direction and supervision of the mayor, and shall be responsible for the administration and direction of the affairs and operations of the city. (e) The mayor may suspend or remove any and all appointed city officials, but such suspension or removal shall not be final for 21 calendar days following the mayor's giving written notice of such action and the reasons therefor to the appointed city official involved and to the city council. The appointed city official involved may appeal within 21 days to the council which, after a hearing, may override the mayor's action by a vote of four councilmembers.
SECTION3.il. Boards, commissions.
(a) The mayor and council shall create by ordinance or resolution such boards, commissions, and authorities to fulfill any functions the mayor and council deem necessary and shall by ordinance or resolution establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and council for such terms of office and in such manner as shall be provided by ordinance or resolution, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The mayor and council by ordinance or resolution may provide for the compensation and reimbursement for actual and necessary expenses ofthe members

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of any board, commission, or authority. (d) Except as otherwise provided by this charter or by 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 in this section for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance or resolution and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of four members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city may elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city, provided that the mayor and council did not specially appoint a chairperson at the time of appointment. Each board shall pass rules and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such rules and regulations shall be filed with the clerk of the city.
B. Administrative Officers. SECTION 3.12. City attorney.
The mayor and council shall appoint a city attorney at the first scheduled meeting of the calendar year for a term of one year, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be solicitor in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney.
SECTION 3.13. City clerk.
The mayor and council shall appoint a city clerk at the first scheduled meeting of the calendar year for a term of one year who shall not be a councilmember. 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.

4212 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. 11
SECTION 3.14. City treasurer.
The mayor and council may appoint a city treasurer at the first scheduled meeting of the calendar year for a term of one year to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer.
SECTION 3.15. Chief of police.
The mayor and council shall appoint a chief of police at the first scheduled meeting of the calendar year for a term of one year to perform the duties as the administrative officer of the police department and have all the powers of an arresting officer within the City of Oxford; he or she shall further have all the powers usual and incident to such office; he or she shall have the power to serve all papers, summons, and citations and execute all writs and executions directed by the municipality and the State of Georgia; he or she shall perform all duties prescribed by state law and by this charter, and he or she shall carry out such other duties as the mayor and council may lawfully direct. The municipality through the mayor and council shall have the power to hire additional police officers to assist the chief of police in his or her duties and to act in his or her stead.
SECTION 3.16. Municipal judge.
The mayor and council shall appoint a municipal judge at the first scheduled meeting of the calendar year for a term of one year whose duty it shall be to try all cases of violation of the city ordinances and perform such functions and acts as may be laid upon him or her by the provisions of this charter or shall be from time to time placed upon him or her by the ordinances or resolutions adopted by the mayor and council of the City of Oxford.
C. Personnel Administration. SECTION 3.17.
Position classification and pay plans.
The city clerk shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the mayor and council for approval. Such plan shall apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the mayor and council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all

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elected and appointed city officials are not city employees.
SECTION 3.18. Personnel policies.
The mayor and council shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application ofservice ratings thereto, and transfer ofemployees within the classification plan; (3) Hours of work, vacation, sick leave, other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV. JUDICIAL BRANCH.
SECTION 4.10. Municipal court.
There shall be a court to be known as the Municipal Court of the City of Oxford.
SECTION 4.11. Judges.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 25 years and shall have a high school diploma or its equivalent. The chiefjudge shall be nominated and appointed by the mayor and council and shall serve at the pleasure of the mayor and council. All other judges shall be nominated by the chiefjudge and appointed by the mayor and city council. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of four members of the city council. (e) Before assuming 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 and without fear, favor, or partiality. The oath shall be entered upon the minutes ofthe city council journal required in Section 2.20 ofthis charter.

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SECTION 4.12. Convening of court.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of its charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $ 1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (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 catering 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 and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the 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 same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city and each judge of the municipal court shall have the same authority as a magistrate of the

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state to issue warrants for offenses against state laws committed within the city, (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal 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 ordinance violations cases and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Newton 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 mayor and 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 mayor and council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V. ELECTIONS AND REMOVAL.
A. General Law. SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
B. Election Of Officers. SECTION5.il.
Election of mayor and councilmembers.
(a) There shall be a municipal general election on the Tuesday following the first Monday in November, 2001, and biennially thereafter. (b) There shall be elected three councilmembers at the first election under this new charter and at every other election thereafter. The remaining city council seats and the office of mayor shall be filled at the election alternating with the first election so that a continuing body is created as provided for in the initial election held

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pursuant to Section 5.14 of this charter.
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 designations.
SECTION 5.13. Election by majority.
The mayor and councilmembers shall be elected by a majority of the votes cast for each position.
SECTION 5.14. First election under this charter.
The first municipal election after the adoption of this charter shall be held in November, 2001, at which councilmember positions for Posts 4, 5, and 6 shall be filled. All persons giving notice of candidacy for a city council seat shall designate the post being sought. Posts 4, 5, and 6 shall be filled at this first election for an initial term of four years and until their respective successors are elected and sworn in such that a continuing body is created. Each councilmember elected shall serve a full term as provided in Section 2.11 of this charter. The second municipal election after the adoption of this charter shall be held in November, 2003, at which councilmember positions for Posts 1, 2, and 3 and the office of mayor shall be filled. All persons giving notice of candidacy for a city council seat shall designate the post being sought. Posts 1, 2, and 3 shall be filled at this second municipal election for an initial term of four years and until their respective successors are elected and sworn in such that a continuing body is created. Each councilmember elected shall serve a full term as provided in Section 2.11 of this charter. All posts shall be elected at large. The office of mayor shall be filled at this election of November, 2003, for an initial term of four years and until his or her successor is elected and sworn in such that continuing position of mayor is created. The mayor elected shall serve a full term as provided in Section 2.27 of this charter. The position of the mayor shall be filled every four years hereafter.
C. Other Provisions. SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the mayor and council shall by resolution prescribe such rules and regulations as they deem appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."

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SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of a mayor, councilmember, or appointed officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The mayor and council shall provide by ordinance for the manner in which such hearing shall be held. Any elected official sought to be removed from office as herein provided shall have the right of appeal from the decision of the mayor and council to the Superior Court ofNewton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Newton County following a hearing on a complaint seeking such removal brought by any resident of the City of Oxford.
ARTICLE VI. FINANCE.
A. Taxation and Various Fees SECTION 6.10. Property tax.
The mayor and 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, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the mayor and council in their discretion.
SECTION6.il. Millage rate; due date; payment methods.
The mayor and council by resolution shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The mayor and council by resolution may provide for the payment of these taxes by voluntary payment of taxes prior to the time when due.

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SECTION 6.12. Occupation taxes and business taxes.
The mayor and council by resolution shall have the power to levy such occupation or business taxes as are not denied by 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 mayor and council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory licenses, fees, permits.
The mayor and council by resolution 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 preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The mayor and council by resolution may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
SECTION 6.14. Franchises.
The mayor and council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The mayor and council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the city receives just and adequate compensation therefor. The mayor and council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The mayor and council may provide by resolution for the registration within a reasonable time of all franchises previously granted.
SECTION 6.15. Services charges.
The mayor and council by resolution shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, fire services, or any other services provided or made available within and outside the corporate limits of the

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city for the total cost to the city of providing or making available such services. If unpaid, such fees, charges, and tolls shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The mayor and council, by resolution, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Construction; other taxes and fees.
This city shall be empowered to levy any other tax allowed now or hereafter by 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 mayor and council by resolution may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by 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; and providing for the assignment or transfer of tax executions.
B. Borrowing. SECTION 6.19. General obligation bonds.
The mayor and council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

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SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the mayor and 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.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the city at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
C. Accounting and Budgeting. SECTION 6.23. Fiscal year.
The mayor and council shall set the fiscal year by resolution. 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.
SECTION 6.24. Preparation of budget.
The mayor and council shall provide a resolution on 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 the scope, content, and form of such budgets and programs.
SECTION 6.25. Submission of budget to city council.
On or before a date fixed by the mayor and council, but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget for the ensuing fiscal year. The budget shall be

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accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget and the capital improvements budget provided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.26. Action by city council on budget.
(a) The mayor and council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The mayor and council, by resolution, shall adopt the final operating budget for the ensuing fiscal year not later than December 31 of each year. If the mayor and council fail 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 mayor and council adopt a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations resolution setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation resolution adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation or allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
Following adoption of the operating budget, the mayor and council shall levy by resolution such taxes as are necessary. The taxes and tax rates set by such resolution shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.

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SECTION 6.28. Changes in appropriations.
The mayor and council, by resolution, may make changes in the appropriations contained in the current operating budget at any regular meeting or any special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Capital improvements budget.
(a) On or before the date fixed by the mayor and council, but no 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 or her recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The mayor and council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The mayor and council shall not authorize an expenditure for the constructing 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 as provided in Section 2.24 of this charter. (b) The mayor and council shall adopt by resolution the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriation provided in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by resolution.
SECTION 6.30. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the mayor and council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
D. Procurement and Property Management. SECTION 6.31.
Contracting procedures.
No contract with the city shall be binding on the city unless it is made pursuant to procedures established by the mayor and council and:

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(1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city attorney and, as a matter of course, it is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the mayor and council and such approval is entered in the city journal of proceedings pursuant to Section 2.20 of this charter.
SECTION 6.32. Centralized purchasing.
The mayor and council shall by resolution prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of city property.
(a) The mayor and council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The mayor and council may quitclaim any rights the city may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the mayor and 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 when such exchange is deemed to be in the best interest ofthe city. 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. Bonds for officials.
The officers and employees of the city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the mayor and council shall from time to time require by ordinance or as may be provided by law.

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SECTION7.il. Prior ordinances.
All ordinances, resolutions, rules, and regulations that are now in force in the city and are 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. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 90 days before or during which the existing city council shall pass a transition resolution detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.14. Definitions and construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Severability.
Ifany article, section, subsection, paragraph, sentence, or part thereofofthis charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.

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SECTION 7.16. Specific repealer.
An Act providing a new charter for the Town ofOxford, approved August 12,1914, (Ga. L. 1914, p. 1108), and all amendatory Acts thereto are repealed in their entirety.
SECTION 7.17. Effective date.
This charter shall become effective on July 1, 2001.
SECTION 7.18. Repealer.
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 2001 session of the General Assembly of Georgia a bill to provide a new charter for the Town of Oxford; and for other purposes.
This 8th day of March, 2001.
Jim Stokes State Representative, District 92
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James S. Stokes, who on oath deposes and says that he is the Representative from the 92nd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County on the following date: March 10,2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

4226 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JAMES S. STOKES James S. Stokes Representative, 92nd District
Sworn to and subscribed before me, this 12th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CITY OF HARLEM - MAYOR AND COUNCIL; ELECTIONS; TERMS.
No. 137 (House Bill No. 892).
AN ACT
To amend an Act providing a new charter for the City of Harlem, approved March 30,1971 (Ga. L. 1971, p. 2557), as amended, so as to change the provisions relating to the election of the mayor and councilmen; to change the provisions relating to terms of office; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act providing a new charter for the City of Harlem, approved March 30, 1971 (Ga. L. 1971, p. 2557), as amended, is amended by striking Section 2.03 in its entirety and inserting in lieu thereof a new Section 2.03 to read as follows:
'SECTION 2.03. Election of mayor and councilmen.
(a) The mayor and councilmen serving on April 1, 2001, shall serve out their terms and until their successors have been elected and qualified. (b) On the Tuesday next following the first Monday in November, 2001, an election shall be held for the two councilmen whose terms of office expire the following January. The two candidates for the office of councilmen who receive the highest number of votes cast in said election shall be elected for terms of office ofthree years each and until their successors are duly elected and qualified. Thereafter, on the Tuesday next following the first Monday in November in 2004, and every four years thereafter, an election shall be held for the two councilmen whose terms of office expire the following January. The two candidates for the office of councilmen who receive the highest number of votes cast in any such election shall be elected for terms of office of four years each and until their successors are duly elected and qualified. (c) On the Tuesday next following the first Monday in November, 2002, and every four years thereafter, an election shall be held for the mayor and two councilmen whose terms of office expire the following January. The candidate for mayor who receives the highest number of votes cast in any such election and the two candidates for the office of councilmen who receive the highest number of votes cast in any such election shall be elected for terms of office of four years each and until their successors are duly elected and qualified.'
SECTION 2. 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. Terms of office.
The terms of office for mayor and councilmen shall begin on the first day of January next succeeding the election and shall continue until their successors are elected and qualified. The terms of office for the two councilmen elected at the general election held in November, 2001, shall be for three years and until their successors are elected and qualified. The terms of office of the mayor and two councilmen elected in the election to be held in November, 2002, shall be for four years and until their successors are elected and qualified. Thereafter, the terms of office for the mayor and councilmen shall be four years and until their successors are elected and qualified. On or before the second Monday in January of each year following a general election, there shall be a ceremony at which the

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newly elected officials shall take the prescribed oath of office."
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 2001 session ofthe General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Harlem, Georgia, approved March 30, 1971 (Ga. L. 1971, p. 2587) as amended particularly by an act approved April 4, 1991 (Ga. L. 1991, p. 4842), so as to provide for a new term of office for the next elected Mayor and members of Council; to provide for authority for this act; and for other purposes.
This 7th day of March, 2001.
BILL JACKSON Representative, 112th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William S. Jackson, who on oath deposes and says that he is the Representative from the 112th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Columbia News Times which is the official organ of Columbia County on the following date: March 7, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local

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school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BILL JACKSON Bill Jackson Representative, 112th District
Sworn to and subscribed before me, this 8th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13,2001.
TOWN OF NEWBORN - NEW CHARTER.
No. 138 (House Bill No. 893).
AN ACT
To provide a new charter for the Town of Newborn; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor, mayor pro tempore, and town council and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, a town treasurer, a police chief, a fire chief, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges,

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and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules and pending matters; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This town and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style Town of Newborn, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries as stated in charter of 1913.
Said corporation, the Town ofNewborn, shall include all the territory embraced in the circle whose center shall be at the point ofthe junction of Georgia Highway 142 (formerly Main Street) and Johnson Street, as said highway and street are currently designated in said town, and whose radius shall be three-fourths of a mile in length and said corporation shall include the area in said circle which lies within the County of Newton.
SECTION 1.12. Municipal powers and construction.
(a) This town shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This town shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention a particular power shall not be construed as limiting in any way the powers of this town.
SECTION 1.13. Examples of powers.
The powers of this town shall include, but not be limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other

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exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the town; (2) Alcoholic beverages. The keeping for sale, selling, or offering for sale of any spirituous, vinous, malt, or fermented wines or liquors within the corporate limits of said town shall be regulated by the Town of Newborn as provided by law. The mayor and council of Newborn shall have power or authority to license the sale thereof, consistent with the laws of the State of Georgia, and it shall be their duty to enforce this by the enactment of necessary ordinances with suitable penalties for violation; (3) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (4) Appropriations and expenditures. To make appropriations for the support of the government of the town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the town; (5) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all building and housing trades; (6) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any town fees or taxes; (7) Cemeteries. The mayor and council shall have jurisdiction over all cemeteries belonging to or located in said town, and may provide by ordinance for a public cemetery. They may appoint such employees to superintend the care thereof as they deem proper. They may enact ordinances to prevent trespass therein and to prevent any person from defacing any work therein. They may regulate the charges for grave digging, hearse fees, and any and every thing pertaining to the care and operation of such cemeteries; (8) Condemnation. To condemn property, both inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (9) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (10) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the town and to make and carry out all reasonable provisions deemed necessary to deal with or meet such

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an emergency for the protection, safety, health, or well-being of the citizens of the town; (11) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the town through the preservation and improvement ofair quality, the restoration and maintenance ofwater resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (12) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (13) 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 said town or doing business therein and benefitting 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; (14) 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 town and to provide for the enforcement of such standards; (15) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (16) Health and sanitation. To prescribe standards ofhealth and sanitation and to provide for the enforcement of such standards; (17) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the town; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (18) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the town; (19) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (20) Municipal debts. To appropriate and borrow money for the payment of debts of the town and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of

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the State of Georgia; (21) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the town; (22) Municipal property protection. To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; to provide for the withdrawal of service for refusal or failure to pay the same; to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the town; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the town as provided by ordinance; (24) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (25) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (26) Planning and zoning. To provide comprehensive town planning for development by zoning; and to provide subdivision regulation and the like as the mayor and council deem necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers; and to establish, operate, or contract for a police and a fire-fighting agency; (28) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (29) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, correctional, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the town; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of intoxication, riots, and public disturbances;

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(31) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (33) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits ofthe town; and to prescribe penalties and punishment for violation of such ordinances; (34) Retirement. To provide and maintain a retirement plan for officers and employees of the town; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; to negotiate and execute leases over, through, under, or across any town property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the town for bridges, passageways, or any other purpose or use between buildings on opposite sides ofthe street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the town; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (36) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (37) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; (38) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors and

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drugs, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (39) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (40) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (41) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (42) Trees. To adopt and enforce ordinances for the protection and preservation of trees on the streets, public places, cemeteries, and parks in said town and to prevent the cutting, impairing, or mutilations thereofby telephone, telegraph, or electric light linemen or employees or any other person unless the same is done under and with the express and formal consent of the mayor and council or some officer appointed by them to direct the same and then only when absolutely necessary for the public service or safety; (43) Urban redevelopment. To organize and operate an urban redevelopment program; (44) Vehicles for hire. To regulate and license vehicles operated for hire in the town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; and (45) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided

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by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. Town council creation; number; election.
The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and four councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter.
SECTION2.il. Town council terms and qualifications for office.
The members of the town council shall serve for terms of four years and until their respective successors are elected and sworn in. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the town for 12 months prior to the date of qualification for the election of mayor or councilmember, as the case may be. Each such official shall continue to reside in the town during his or her period of service and continue to be registered and qualified to vote in municipal elections of the town.
SECTION 2.12. Vacancy; suspensions; filling of vacancies.
(a) Vacancy. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment of the mayor and council. A failure to take the oath of office within 15 days after the first day of January, unless for providential cause, shall operate to vacate the office of the mayor or councilmember. (b) Suspension. Upon the suspension from office of the mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the mayor and council, or those remaining, shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (c) Filling vacancy. In the event of a vacancy in the office of mayor or councilmember prior to the expiration of a regular term of office, the remaining councilmembers and mayor, as provided in subsection (a) of this section, shall fill the vacant office for the unexpired term, provided that the person or persons selected shall meet the requirements of Section 2.11 of this charter.

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SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Officers as trustees. Elected and appointed officers ofthe town are trustees and servants of the residents of the town and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest. No elected official, appointed officer, or employee of the town 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 the independence ofhis or her judgment or action in the performance 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 ofhis or her official duties or would tend to impair the independence ofhis or herjudgment or action in the performance ofhis 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 interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent private interests in any legal action or proceeding against this town or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the town shall disclose such private interest to the town council. The mayor or any councilmember who has a private interest in the matter pending before mayor and council shall disclose such private interest and such disclosure shall be entered on the records of the town 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

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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. (d) Use of public property. No elected official, appointed officer, or employee of the town or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by mayor and council or the governing body of such agency or entity. (e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the mayor and council. (f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in town government during the term for which he or she was elected. (g) Penalties for violation.
(1) Any town officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position. (2) Any officer or employee of the town who shall forfeit his or her office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the town government for a period of three years thereafter.
SECTION 2.15. Inquiries and investigations.
The mayor and council may make inquiries and investigations into the affairs ofthe town and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by mayor and council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the mayor and council.
Except as otherwise provided by law or this charter, the mayor and council shall be vested with all the powers of government of this town as provided by Article I of this charter.
SECTION 2.17. Eminent domain.
The mayor and council are empowered to acquire, construct, operate, and maintain

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public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, correctional, 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 condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meetings.
The mayor and council shall hold an organizational meeting on the first Monday of their term of office, unless such date falls on a holiday, then on the second Monday. The meeting shall be called to order by a legal officer of the court, and the oath of office shall be administered to the mayor and councilmembers as follows:
"1 do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) 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."
SECTION 2.19. Regular and special meetings.
(a) The mayor and council shall hold regular meetings at such times and places as prescribed by ordinance or resolution. (b) Special meetings of the mayor and council may be held on call of the mayor or a minimum of two members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required ifthe mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember 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 councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the mayor and council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible prior to such meetings.
SECTION 2.20. Rules of procedure.
(a) The mayor and council shall adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of proceedings, which shall be a public record.

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(b) All committees, boards, and commissions of citizens shall be appointed by the mayor and council and shall serve at their pleasure. The mayor and council shall have the power to appoint new members to any committee at any time; each committee may appoint its own chairperson, if said chairperson has not been specially appointed by the mayor and council.
SECTION 2.21. Quorum; voting.
Three councilmembers, one of whom may be the mayor, shall constitute a quorum and shall be authorized to transact business of the town council. Voting on the adoption of ordinances shall be by voice vote or raising of right hand and the vote shall be recorded in the journal, but any member of the town council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of the majority of the quorum in attendance shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 2.22. Ordinance form; procedure.
(a) Every proposed ordinance should 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 Newborn hereby ordains" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by mayor and council in accordance with the rules which they shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as mayor and council may designate.
SECTION 2.23. Action requiring an ordinance.
Acts of the mayor and council which have the force and effect of law shall be enacted by ordinance or resolution.
SECTION 2.24. Emergencies.
To meet a public emergency affecting life, health, property, or public peace, the mayor and council may convene on call of the mayor or a councilrnember and may

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promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing such 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 a majority of a quorum shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
SECTION 2.25. Code of technical regulations.
(a) The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances and resolutions adopted by the council. (b) The mayor and council shall provide for the preparation of a general compilation of ordinances, as required under Georgia law, of all the ordinances of the town having the force and effect of law. The general compilation shall be adopted by the mayor and council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the mayor and council may specify. This compilation

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shall be known and cited officially as "The Code of the Town of Newborn, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the town and shall be made available for purchase by the public at a reasonable price as fixed by the mayor and council. (c) The mayor and council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the mayor and council. Following publication of the first compilation under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as said first compilation and shall be suitable for incorporation therein. The mayor and council shall make such further arrangements as deemed desirable with the reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.27. Election of mayor; forfeiture; compensation.
The mayor shall be elected and shall serve for a term of four years and until his or her successor is elected and qualified. The mayor shall be a qualified elector of the town and shall have been a resident of the town for 12 months prior to his or her qualification for his or her election. The mayor shall continue to reside in this town during the period ofhis or her service. He or she shall forfeit his or her office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.28. Chief executive officer.
The mayor shall be the chief executive of the town. The mayor shall possess all of the executive and administrative power granted to the town under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter.
SECTION 2.29. Powers and duties of mayor.
As the chief executive of this town, the mayor shall: (1) Preside at all meetings of the town council; (2) Be the head of the town for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the town and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the town all written and approved contracts, ordinances, and other instruments executed by the town which by

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law are required to be in writing; (5) Vote on matters before mayor and council and be counted toward a quorum as any other councilmember; (6) Have prepared and submitted to the council a recommended annual operating budget and recommended capital budget; (7) Assign councilmembers to their committees of responsibilities at the first scheduled council meeting of the term of office; and (8) Fulfill such other executive and administrative duties as the mayor and council shall establish by ordinance.
SECTION 2.30. Mayor pro tempore; selection; duties.
By a majority vote, the mayor and council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the town council and shall assume the duties and powers of the mayor upon the mayor's disability or absence. The mayor and council by a majority vote shall elect a new presiding officer from among the councilmembers 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 councilmembers.
ARTICLE III ADMINISTRATIVE AFFAIRS A. Organization and General Provisions.
SECTION 3.10. Department heads.
(a) Except as otherwise provided in this charter, the mayor and council by resolution shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the town and establish professional qualifications as necessary for the proper administration of the affairs and government of the town. (b) Except as otherwise provided by this charter or by law, all appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers shall receive such compensation as prescribed by ordinance or resolution. (d) The town clerk shall be the principal administrative officer of the Town of Newborn, subject to the direction and supervision ofthe mayor, and be responsible for the administration and direction of the affairs and operations of the town. (e) The mayor may suspend or remove any and all appointed town officials, but such suspension or removal shall not be final for 21 calendar days following the mayor's giving written notice of such action and the reasons therefor to the appointed town official involved and to the town council. The appointed town official involved may appeal within 21 days to the council which, after a hearing, may override the mayor's action by a vote of three councilmembers.

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SECTION3.il. Boards, commissions.
(a) The mayor and council shall create by ordinance or resolution such boards, commissions, and authorities to fulfill any functions that the mayor and council deem necessary and shall by ordinance or resolution establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the town shall be appointed by the mayor and council for such terms of office and in such manner as shall be provided by ordinance or resolution, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The mayor and council by ordinance or resolution may provide for the compensation and reimbursement for actual and necessary expenses ofthe members of any board, commission, or authority. (d) Except as otherwise provided by this charter or by law, no member of any board, commission, or authority shall hold any elective office in the town; this charter shall specifically permit elected town officials to serve on said boards, commissions, or authorities as an uncompensated member. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed in this section for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the town 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 or resolution and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the town council, (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town may elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the town, provided that the mayor and council did not specially appoint a chairperson at the time of appointment. Each board may pass rules and regulations, not inconsistent with this charter, ordinances of the town, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such rules and regulations, as they exist, shall be filed with the clerk of the town.
B. Administrative Officers. SECTION 3.12. Town attorney.
The mayor and council shall appoint a town attorney at the first scheduled meeting of the calendar year for a term of one year, 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

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responsible for representing and defending the town in all litigation in which the town is a party; may be solicitor in the municipal court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as town attorney.
SECTION 3.13. Town clerk.
The mayor and council shall appoint a town clerk at the first scheduled meeting of the calendar year for a term of one year, who shall not be a councilmember. The town clerk shall be custodian of the official town seal; maintain town council records required by this charter; and perform such other duties as may be required by the town council.
SECTION 3.14. Town treasurer.
The mayor and council may appoint a town treasurer at the first scheduled meeting of the calendar year for a term of one year to collect all taxes, licenses, fees, and other moneys belonging to the town subject to the provisions ofthis charter and the ordinances of the town and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the town. The town treasurer shall also be responsible for the general duties of a treasurer and fiscal officer.
SECTION 3.15. Chief of police.
The mayor and council may appoint a chief of police at the first scheduled meeting of the calendar year for a term of one year to perform the duties as the administrative officer of the police department and have all the powers of an arresting officer within the Town of Newborn; he or she shall further have all the powers usual and incident to such office; he or she shall have the power to serve all papers, summons, and citations and execute all writs and executions directed by the town and the State of Georgia; he or she shall perform all duties prescribed by state law and by this charter; and he or she shall carry out such other duties as the mayor and council may lawfully direct. The town through the mayor and council shall have the power to hire additional police officers to assist the chief of police in his or her duties and to act in his or her stead.

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SECTION 3.16. Municipal judge.
The mayor and council may appoint a municipal judge at the first scheduled meeting of the calendar year for a term of one year whose duty it shall be to try all cases of violation of the town ordinances and perform such functions and acts as may be laid upon him or her by the provisions of this charter or shall be from time to time placed upon him or her by the ordinances or bylaws adopted by the mayor and council of the Town of Newborn.
SECTION 3.17. Fire chief.
The mayor and council may appoint a fire chief at the first scheduled meeting of the calendar year for a term of one year whose duty it shall be to perform the duties of the administrative officer of the fire department and have all the powers usual and incident to such office. The town through the mayor and council shall have the power to specify such powers through resolution as it sees fit and have the power to hire additional firefighters to assist the fire chief in his or her duties and to act in his or her stead.
SECTION 3.18. Other administrative officers.
Nothing in Sections 3.12 through 3.17 of this charter shall prohibit the mayor and council from appointing other administrative officers as they deem necessary.
C. Personnel Administration. SECTION 3.19.
Position classification and pay plan.
The town clerk, upon direction from the mayor and council, shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the mayor and council for approval. Such plan shall apply to all employees of the town and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the mayor and council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed town officials are not town employees.
SECTION 3.20. Personnel policies.
The mayor and council, upon the vote of a majority thereof, shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of

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employment; (2) The administration of the position classification and pay plan, methods of promotion and application ofservice ratings thereto, and transfer ofemployees within the classification plan; (3) Hours of work, vacation, sick leave, other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Municipal court.
The mayor and council shall have authority to create by resolution a court to be known as the Municipal Court of the Town of Newborn.
SECTION4.il. Judges.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 25 years and shall have a high school diploma or its equivalent. The chiefjudge shall be nominated and appointed by the mayor and council and shall serve at the pleasure of the mayor and council. All otherjudges shall be nominated by the chiefjudge and appointed by the mayor and town council. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the town council. (e) Before assuming 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 and without fear, favor, or partiality. The oath shall be entered upon the minutes of the town council journal required in Section 2.20 of this charter.
SECTION 4.12. Convening of court.
The municipal court shall be convened at regular intervals as provided by ordinance.

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SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of its charter, all town ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $ 1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (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 and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the town or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance ofthe town and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the town, (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area ofthis town granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

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SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violations cases and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Newton 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 mayor and 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 mayor and council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the town clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
A. General Law. SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
B. Election Of Officers. SECTION5.il.
Election of mayor and councilmembers.
(a) There shall be a municipal general election on the Tuesday following the first Monday in November, 2001, and every four years thereafter. (b) There shall be elected all four councilmembers and the mayor at the next election under this new charter and at every other election thereafter.
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for town offices and all names of candidates for town offices shall be listed without party designations.

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SECTION 5.13. Election by plurality.
The person receiving a plurality of the votes cast for any town office shall be elected.
SECTION 5.14. First election under this charter.
The first municipal election after the adoption of this charter shall be held in November, 2001, at which all councilmember positions, each of which shall be elected at large, shall be filled. All persons giving notice of candidacy for a town council seat shall designate the post being sought. All councilmember positions shall be filled at this first election for an initial term of four years and until their respective successors are elected and sworn in such that a continuing body is created. Each councilmember elected shall serve a full term as provided in Section 2.11 of this charter. The office of mayor shall be filled at the election in November, 2001, for an initial term of four years and until his or her successor is elected and sworn in such that continuing position of mayor is created. The mayor elected shall serve a full term as provided in Section 2.27 of this charter. The position of the mayor shall be filled every four years hereafter.
C. Other Provisions. SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the mayor and council shall by resolution prescribe such rules and regulations as they deem appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of a mayor, councilmember, or appointed officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the town council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The mayor and council shall provide by ordinance for the manner in which such hearing shall

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be held. Any elected official sought to be removed from office as herein provided shall have the right of appeal from the decision of the mayor and council to the Superior Court of Newton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Newton County following a hearing on a complaint seeking such removal brought by any resident of the Town of Newborn.
ARTICLE VI FINANCE
A. Taxation and Various Fees. SECTION 6.10. Property tax.
The mayor and 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, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the mayor and council in their discretion.
SECTION6.il. Millage rate; due date; payment methods.
The mayor and council by resolution may establish a millage rate for the town property tax, a due date, and the time period within which these taxes must be paid. The mayor and council by resolution may provide for the payment of these taxes by voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation taxes and business taxes.
The mayor and council by resolution shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this town or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this town to be so taxed. The mayor and council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.

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SECTION 6.13. Regulatory licenses, fees, permits.
The mayor and council by resolution shall have the power to require any individuals or corporations who transact business in this town or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the town and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude town regulation. Such fees may reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The mayor and council by resolution may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
SECTION 6.14. Franchises.
The mayor and council shall have the power to grant franchises for the use of the town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The mayor and council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the town receives just and adequate compensation therefor. The mayor and council shall provide for the registration of all franchises with the town clerk in a registration book kept by the clerk. The mayor and council may provide by resolution for the registration within a reasonable time of all franchises previously granted.
SECTION 6.15. Services charges.
The mayor and council by resolution shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, fire services, or any other services provided or made available within and outside the corporate limits of the town for the total cost to the town of providing or making available such services. Ifunpaid, such fees, charges, and tolls shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16.
Special assessments.
The mayor and council, by resolution, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If

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unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Construction; other taxes and fees.
The town shall be empowered to levy any other tax allowed now or hereafter by law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this town to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The mayor and council by resolution may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.17 ofthis charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking town licenses for failure to pay any town taxes or fees; and providing for the assignment or transfer of tax executions.
B. Borrowing. SECTION 6.19. General obligation bonds.
The mayor and council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the mayor and council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The town may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.

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SECTION 6.22. Lease-purchase contracts.
The town may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted. The town may further enter into lease, purchase, and leasepurchase contracts for its property as is permitted by law.
C. Accounting and Budgeting. SECTION 6.23. Fiscal year.
The mayor and council shall set the fiscal year by resolution. 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 town government.
SECTION 6.24. Preparation of budget.
The mayor and council shall provide a resolution on 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 the scope, content, and form of such budgets and programs.
SECTION 6.25. Submission of budget to town council.
On or before a date fixed by the mayor and council, but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the 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 or she may deem pertinent. The operating budget and the capital improvements budget provided for in Section 6.24 ofthis charter, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection.
SECTION 6.26. Action by town council on budget.
(a) The mayor and council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all

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debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The mayor and council, by resolution, shall adopt the final operating budget for the ensuing fiscal year not later than December 31 of each year. If the mayor and council fail 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 mayor and council adopt a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations resolution setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation resolution adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation or allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
Following adoption of the operating budget, the mayor and council shall levy by resolution such taxes as are necessary. The taxes and tax rates set by such resolution shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the town.
SECTION 6.28. Changes in appropriations.
The mayor and council, by resolution, may make changes in the appropriations contained in the current operating budget at any regular meeting or any special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. 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 mayor and council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.

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D. Procurement and Property Management. SECTION 6.30.
Contracting procedures.
No contract with the town shall be binding on the town unless it is made pursuant to procedures established by mayor and council and:
(1) It is in writing; (2) It is drawn by or submitted to and reviewed by the town attorney and, as a matter of course, it is signed by the town attorney to indicate such drafting or review; and (3) It is made or authorized by the mayor and council and such approval is entered in the town journal of proceedings pursuant to Section 2.20 of this charter.
SECTION 6.31. Centralized purchasing.
The mayor and council shall by resolution prescribe procedures for a system of centralized purchasing for the town.
SECTION 6.32. Sale and lease of town property.
(a) The mayor and council may sell and convey any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The mayor and council may quitclaim any rights the town may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the town, the mayor and 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 when such exchange is deemed to be in the best interest of the town. 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.

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ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this town, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the mayor and council shall from time to time require by ordinance or as may be provided by law.
SECTION7.il. Prior ordinances.
All ordinances, resolutions, rules, and regulations that are now in force in the town and are not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the town 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 completed by such town agencies, personnel, or offices as may be provided by the town council.
SECTION 7.13. Definitions and construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.14. Severability.
Ifany article, section, subsection, paragraph, sentence, or part thereofofthis charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, or part thereof be enacted separately and independent of each other.

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SECTION 7.15. Specific repealer.
An Act providing a new charter for the Town ofNewborn in the County ofNewton, approved August 16,1913, (Ga.L. 1913, p. 1065), and all amendatory Acts thereto are repealed in their entirety.
SECTION 7.16. Effective date.
This charter shall become effective on July 1, 2001.
SECTION 7.17. Repealer.
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 the will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide a new charter for the Town of Newborn; and for other purposes.
This 8th day of March, 2001.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James S. Stokes, who on oath deposes and says that he is the Representative from the 92nd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County on the following date: March 10, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated

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government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JAMES S. STOKES James S. Stokes Representative, 92nd District
Sworn to and subscribed before me, this 12th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
CITY OF DECATUR - HOMESTEAD EXEMPTION; CITY TAXES; SCHOOL DISTRICT TAXES; REFERENDUM.
No. 139 (House Bill No. 894).
AN ACT
To amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, approved March 27, 1985 (Ga. L. 1985, p. 4140), as amended, so as to provide for a homestead exemption from all City of Decatur ad valorem taxes for municipal purposes and independent school district ad valorem taxes for educational purposes in the amount of not less than $10,000.00 and not more than $50,000.00 of the assessed value of that homestead for residents of the City of Decatur with such amount to be determined annually for certain residents of that school district who are 62 years of age or older and whose annual household income does not exceed $25,000.00; to

4260 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, approved March 27, 1985 (Ga. L. 1985, p. 4140), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows:
"SECTION 2. (a) Each resident of the City of Decatur independent school district who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made is granted an exemption on that person's homestead from all City of Decatur independent school district ad valorem taxes for educational purposes in the amount of not less than $10,000.00 and not more than $50,000.00 of the assessed value of that homestead with such amount to be determined annually by the board of education of the independent school district if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. The amount of such exemption may be increased from one year to the next as determined by such board of education within the range authorized under this subsection but shall not be reduced. The value of that property in excess of such exempted amount shall remain subject to taxation. (b) Each resident of the City of Decatur who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made is granted an exemption on that person's homestead from all City of Decatur ad valorem taxes for municipal purposes in the amount of not less than $10,000.00 and not more than $50,000.00 ofthe assessed value ofthat homestead with such amount to be determined annually by the governing authority of the City of Decatur if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. The amount of such exemption may be increased from one year to the next as determined by such governing authority within the range authorized under this subsection but shall not be reduced. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) The exemption granted by this section shall apply to all taxable years beginning on or after January 1, 2002."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Decatur shall call and conduct an

_____________GEORGIA LAWS 2001 SESSION__________4261
election as provided in this section for the purpose of submitting this Act to the electors of the City of Decatur for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. The municipal 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 DeKalb County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from all City of Decatur ad valorem taxes for municipal purposes
NO ( ) and independent school district ad valorem taxes for educational purposes in the amount of not less than $10,000.00 and not more than $50,000.00 of the assessed value of that homestead with such amount to be determined annually for certain residents ofthat school district who are 62 years of age or older and whose annual household income does not exceed $25,000.00?"
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 on January 1, 2002. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Decatur. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
February 8, 2001
The Honorable Jo Ann McClinton Representative, Georgia General Assembly State Capitol Atlanta, GA 30334
Dear Representative McClinton:
The purpose of this letter is to request your assistance by sponsoring and introducing local legislation amending 1994 GA Laws, pg. 4411 as amended by

4262 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
1985 GA Laws, pg. 4140, to increase the homestead exception amount and the threshold income for persons 62 years of age or older living in their own homes.

The current $8,000 exemption applies to persons 62 years of age and older with income less than $12,000. The City Commission would like to increase the exemption to a minimum of $ 10,000 and a maximum of $50,000 for persons 62 years of age and older with income less than $25,000. This change is exactly the same as the request made by the School Board of the City Schools of Decatur.

A copy of Resolution R-01-06, adopted unanimously by the Decatur City Commission follows this letter. Also included is an original of the required legal advertisement from The Champion Newspaper.

The Decatur City Commission appreciates your assistance and we look forward to working with you on this, and on other issues in the future. Please let me know if you need any other information.

Sincerely,

Bill s/ Bill Floyd Mayor

cc: City Commission

R-01-06 RESOLUTION

WHEREAS, the homestead exemption provides an opportunity to the City Commission of the City of Decatur, Georgia to grant tax relief to resident homeowners; and

WHEREAS, the City Commission of the City of Decatur, Georgia desires to provide tax relief to resident homeowners sixty-two (62) years of age with limited income; and

WHEREAS, the City Commission of the City of Decatur, Georgia is currently limited to an $8,000 homestead exemption for persons 62 years of age and older with less than $12,000 in income; and

WHEREAS, the City Commission of the City of Decatur, Georgia does desire to be able to increase the amount of the homestead exemption and increase the threshold income level; and,

WHEREAS, the City Commission of the City of Decatur, Georgia does desire to be able to determine the amount of the homestead exemption to be no less than

____________GEORGIA LAWS 2001 SESSION__________4263 $10,000 or no more than $50,000.

WHEREAS, the City Commission of the City of Decatur, Georgia, wishes the Georgia General Assembly to support a resolution asking City of Decatur voters for the authority to set the homestead exemption at a rate no lower than $ 10,000 or no more than $50,000 for resident homeowners sixty-two (62) years of age and older with incomes less than $25,000.

NOW, THEREFORE, BE IT RESOLVED, and it is hereby resolved, by the City Commission of the City of Decatur, Georgia, that the Georgia General Assembly support a resolution to allow the City Commission of the City of Decatur, Georgia to amend 1994 Georgia Laws, pg. 4411, as amended at 1985 Georgia Laws, pg. 4140 to provide for a homestead exemption for resident homeowners age sixty-two (62) or older with household income not exceeding $25,000.

This 5th day of February, 2001.

ATTEST: Peggy Merriss Acting City Clerk

s/ William F. Floyd Mayor

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced at the 2000 session of the General Assembly of Georgia a resolution to provide for a homestead exemption from certain city ad valorem taxes for certain residents of the city of Decatur; to provide for the submission for ratification or rejection; and for other purposes. This 8th day of February, 2001.

Peggy Merriss City Manager

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jo Ann McClinton, who on oath deposes and says that she is the Representative from the 68th District and further deposes and says as follows:

(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Champion Newspaper which is the official organ of DeKalb County on the following date: February 8, 2001.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

4264 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JO ANN MCCLINTON Jo Ann McClinton Representative, 68th District
Sworn to and subscribed before me, this 7th day of March, 2001.
S/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
DAWSON COUNTY - HOMESTEAD EXEMPTIONS; COUNTY TAXES; SCHOOL DISTRICT TAXES; REFERENDUM.
No. 140 (House Bill No. 895).
AN ACT
To provide a homestead exemption from Dawson County ad valorem taxes for

_____________GEORGIA LAWS 2001 SESSION__________4265
county purposes and Dawson County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 to 74 years of age and who have household incomes not exceeding $25,000.00; to provide a homestead exemption from such taxes for the full value of such homestead for certain residents of that school district who are 75 years of age or older and who have household incomes not exceeding $25,000.00; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PARTI SECTION 1.
For purposes of this part, the term: (1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Dawson County, including, but not limited to, taxes to pay interest on and to retire bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Income" means Georgia taxable net income, as defined by Georgia income tax law.
SECTION 2. (a)(l) Each resident of Dawson County who is at least 62 years of age but less than 75 years of age on or before January 1 of the year in which application for the exemption under this part is made is granted an exemption on that person's homestead from all Dawson County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person and all other members of such person's family who reside within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) Each resident of Dawson County who is 75 years of age or older on or before January 1 of the year in which application for the exemption under this part is made is granted an exemption on that person's homestead from all Dawson County ad valorem taxes for county purposes in the amount of the full value of that homestead, if that person's income, together with the income of the spouse of such person and all other members of such person's family who reside within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax

4266 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
commissioner of Dawson County giving the person's age, and the amount of income which the person, the person's spouse, and all other members of such person's family residing within such homestead received during the immediately preceding taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
SECTION 3. The tax commissioner of Dawson County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this part, it shall not be necessary to make application and file such affidavit thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Dawson County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 5. The exemption granted by this part shall not apply to or affect any state taxes, municipal taxes, independent school district taxes, or Dawson County school district taxes for educational purposes. The homestead exemption granted by this part shall be in addition to and not in lieu of any other homestead exemption applicable to Dawson County ad valorem taxes for county purposes.
SECTION 6. The exemption granted by this part shall apply to all taxable years beginning on or after January 1,2003.
PART II SECTION 1. For purposes of this part, 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 Dawson County School District, including, but not limited to, taxes to pay interest on and to retire school bond indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.

_____________GEORGIA LAWS 2001 SESSION__________4267
(3) "Income" means Georgia taxable net income, as defined by Georgia income tax law.
SECTION 2. (a)(l) Each resident of the Dawson County School District who is at least 62 years of age but less than 75 years of age on or before January 1 of the year in which application for the exemption under this part is made is granted an exemption on that person's homestead from all Dawson County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person and all other members of such person's family who reside within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) Each resident of the Dawson County School District who is 75 years of age or older on or before January 1 of the year in which application for the exemption under this part is made is granted an exemption on that person's homestead from all Dawson County School District ad valorem taxes for educational purposes in the amount of the full value of that homestead, if that person's income, together with the income of the spouse of such person and all other members of such person's family who reside within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Dawson County giving the person's age, and the amount of income which the person, the person's spouse, and all other members of such person's family residing within such homestead received during the immediately preceding taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
SECTION 3. The tax commissioner of Dawson County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this part, it shall not be necessary to make application and file such affidavit thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this part to notify the

4268 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
tax commissioner of Dawson County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 5. The exemption granted by this part shall not apply to or affect any state taxes, municipal taxes, independent school district taxes, or Dawson County taxes for county purposes. The homestead exemption granted by this part shall be in addition to and not in lieu of any other homestead exemption applicable to Dawson County School District ad valorem taxes for educational purposes.
SECTION 6. The exemption granted by this part shall apply to all taxable years beginning on or after January 1,2003.
PART III SECTION 1. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Dawson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Dawson County and the electors ofthe Dawson County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2002, state-wide general election and shall issue the call and conduct that election as provided by general law. 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 Dawson County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Dawson County ad valorem taxes for county purposes and
NO ( ) Dawson County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that county and school district who are between 62 and 74 years of age and who have household incomes not exceeding $25,000.00 and in the amount of the full value of the homestead for residents ofthat county and school district who are 75 years of age or older and who have household incomes not exceeding $25,000.00?"
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, Parts I and II of this Act shall become of full force and effect on January 1, 2003. If the Act is not so approved or if the election is not conducted as provided in this section, Parts I and II of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Dawson County. It

_____________GEORGIA LAWS 2001 SESSION________4269
shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 2. Except as otherwise provided in Section 1 of this part, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide a homestead exemption for senior citizens of Dawson County and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clint W. Smith, who on oath deposes and says that he is the Representative from the 19th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Dawson News and Advertiser which is the official organ of Dawson County on the following date: February 21, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

4270 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
_____ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ CUNT W. SMITH Clint W. Smith Representative, 19th District
Sworn to and subscribed before me, this 8th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13, 2001.
WILKES COUNTY - BOARD OF EDUCATION; COMPENSATION.
No. 141 (House Bill No. 897).
AN ACT
To amend an Act providing for the composition of the Board of Education of Wilkes County and the election of members to such board, approved March 18, 1986 (Ga. L. 1986, p. 4091), as amended, so as to provide for the compensation of the members of such board of education; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the composition of the Board of Education of Wilkes County and the election ofmembers to such board, approved March 18,1986 (Ga. L. 1986, p. 4091), as amended, is amended by adding between Sections 5 and 6 a new Section 5A to read as follows:
'SECTION 5A. Each member ofthe Board of Education of Wilkes County shall be compensated in the amount of $200.00 per month. In addition, each member ofthe board shall be entitled to reimbursement for actual expenses necessarily incurred in

____________GEORGIA LAWS 2001 SESSION_________4271
connection with travel outside Wilkes County on official business of the board of education, including but not limited to, attending training sessions or statewide meetings; provided, however, that such travel is authorized by a majority vote of the members of the board of education prior thereto. All expenses shall be approved and verified prior to reimbursement in such manner as may be specified by the board."
SECTION 2. This Act shall become effective on July 1, 2001.
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 2001 session of the General Assembly of Georgia a bill to amend an Act providing for the composition of the Board of Education of Wilkes County and the election of members to such board, approved March 18, 1986 (Ga. L. 1986, p. 4091), as amended, so as to provide for the compensation ofthe members ofsuch board ofeducation; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 6th day of March, 2001.
TOM McCALL, Representative,
90th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom McCall, who on oath deposes and says that he is the Representative from the 90th District and further deposes and says as follows:
(1) That the attached 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: March 8, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

4272 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TOM McCALL Tom McCall Representative, 90th District
Sworn to and subscribed before me, this 12th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
LUMPKIN COUNTY - BOARD OF COMMISSIONERS; CREATION; REFERENDUM.
No. 142 (Senate Bill No. 58).
AN ACT
To create the Board of Commissioners of Lumpkin County to be composed of a chairperson and four commissioners; to provide that the chairperson shall be elected from the county at large; to provide that the commissioners shall each reside in one of four districts and be elected at large; to provide for terms of office; to provide for qualifications; to provide for commissioner districts; to provide for a county manager and the selection, compensation, powers, and duties thereof; to provide for

___________GEORGIA LAWS 2001 SESSION__________4273
a clerk; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation and expenses of the chairperson and members of the board; to provide for a vice chairperson; to provide for regular meetings, work sessions, and other meetings; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for formal bids for certain purchases; to provide for the appointment, removal, and compensation of employees and department heads; to provide for the preparation, submission, review, adoption, and amendment ofbudgets; to provide for expenditures ofcounty funds; to provide for audits of county finances and financial records; to provide for submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for other related matters; to provide for effective dates and automatic repeal; to repeal in its entirety an Act creating the office of commissioner of Lumpkin County, approved March 7, 1955 (Ga. L. 1955, p. 2892), as amended, if more than one-half of the votes cast in a special referendum election are for approval of changing the governing authority of Lumpkin County to a five-member board of commissioners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PARTI SECTION 1-1.
(a) There is created the Board of Commissioners of Lumpkin County to be elected and organized as provided for in this Act. The board of commissioners shall be the successor to the office of commissioner of Lumpkin County and shall continue to have the obligations and liabilities ofthe commissioner ofLumpkin County as they existed immediately prior to January 1, 2005. The board of commissioners shall constitute the governing authority of Lumpkin County and shall exercise the powers, duties, and responsibilities vested in and upon said officers by the provisions ofthis Act. The term "board," whenever used in this Act, shall mean the Board of Commissioners of Lumpkin County, including the chairperson and all members. (b) The Board ofCommissioners ofLumpkin County shall consist ofa chairperson and four district commissioners. The four district commissioners shall be residents oftheir respective commissioner districts described in subsection (c) ofthis section but shall be elected at large as provided in Section 1-2 of this Act. The chairperson shall be elected at large as provided in Section 1-2 of this Act. (c) For the purpose of electing members of the board of commissioners, Lumpkin County shall be divided into four commissioner districts. One member ofthe board shall be elected for each such district. Those districts shall consist ofthe described territory of Lumpkin County contained in the description attached to this Act and made a part hereof and further identified as: "Operator: local Client: lumpkin Plan:lumpcc01." (d) For purposes of the commissioner districts described as provided by subsection (c) of this section:

4274 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
(1) The terms "Tract," "Block," and "Block Group" shall mean and describe the same geographical boundaries as provided in the report ofthe Bureau ofthe Census for the United States decennial census of 1990 for the State of Georgia; (2) Any part of Lumpkin County which is not included in any commissioner district described as provided by subsection (c) of this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (3) Any part of Lumpkin County which is described as provided by subsection (c) of this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included with that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
SECTION 1-2. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law. (b) In order to be elected as a member of the board for a commissioner district, a person must be 21 years of age or older, must reside in that district, must have resided in Lumpkin County for at least 12 months prior to election to such office, and must receive the requisite number of votes cast for that office by the electors of the entire county. At the time of qualifying for election as a candidate for such office, each candidate shall specify the commissioner district for which that person is a candidate. A person elected as a member of the board for a commissioner district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant. (c) The chairperson of the board must be 25 years of age or older, must have resided in Lumpkin County for at least 12 months prior to election to such office, may reside anywhere within Lumpkin County, and must receive the requisite number of votes cast for that office by the electors of the entire county. The chairperson must continue to reside within Lumpkin County during that person's term of office or that office shall thereupon become vacant.
SECTION 1-3. (a) At the general election held in November, 2004, the chairperson and commissioners for all commissioners districts shall be elected. The chairperson and commissioners for Commissioner District No. 1 and Commissioner District No. 2 elected in 2004 shall take office on the first day of January in the year following their election and shall serve for terms of four years and until their successors are duly elected and qualified. The commissioners for Commissioner District No. 3 and Commissioner District No. 4 elected in 2004 shall take office on the first day of January in the year following their election and shall serve for initial terms of two years and until their successors are duly elected and qualified. Those and all future successors to the chairperson and commissioners for commissioner districts

_____________GEORGIA LAWS 2001 SESSION__________4275
whose terms of office are to expire shall be elected at the general state-wide election immediately preceding the expiration of such terms, shall take office on the first day of January in the year following that election, and shall serve for terms of four years and until their successors are duly elected and qualified, (b) The chairperson and all members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 1-4. (a) In the event of a vacancy occurring in the membership of the board on or after the date the first members of the board take office, whether the vacancy is in the office of chairperson or any other member, for any reason other then expiration of term, that vacancy shall be filled as provided in this section. (b) In the event a vacancy occurs on the board of commissioners when 90 days or more remain in the unexpired term of office, the election superintendent of Lumpkin County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill the vacancy for the remainder of the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the results of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder of the unexpired term following the special election provided for in this subsection. (c) In the event a vacancy occurs on the board of commissioners when less than 90 days remain in the unexpired term of office, the position shall remain vacant until the election. Immediately after being elected, the newly elected commissioner to an office that has been vacated shall be sworn in and take office. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office. (d) A vice chairperson serving as chairperson shall not be authorized to vote as a member of the board of commissioners during such service unless the vice chairperson's vote would affect the outcome of any vote or issue before the board.
SECTION 1-5. Before entering upon the discharge of their duties, the chairperson and commissioners shall subscribe an oath before the judge of the probate court of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairperson and each commissioner shall further give a satisfactory surety bond to the judge of the probate court of the county and payable to the judge of the probate court or that judge's successor in office and filed in the office of the judge of the probate court,

4276 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in the sum of $10,000.00, conditioned upon the faithful performance of the duties of the office. The costs of said bonds shall be paid out of the county treasury.
SECTION 1-6. (a) Commissioners, other than the chairperson, shall serve on a part-time basis and be paid a salary of $800.00 per month. Such compensation shall be paid in equal monthly installments from the funds ofLumpkin County. Each such commissioner shall also receive reimbursement for actual and necessary expenses incurred for travel in the performance of his or her duties which has been approved in advance, in writing, by the chairperson upon presentation of a signed voucher setting forth the expenses anticipated for such travel. Reimbursement will be made upon presentation to and approval by the board ofa signed voucher with receipts attached setting forth the expenses incurred in such travel. (b) The chairperson shall serve in such capacity on a part-time basis and shall be paid a salary of $1,250.00 per month. Such compensation shall be paid in equal monthly installments from the funds of Lumpkin County. The chairperson shall also receive reimbursement for actual and necessary expenses incurred for travel in the performance of his or her duties upon presentation to and approval by the board ofa signed voucher with receipts attached setting forth the expenses incurred in such travel.
SECTION 1-7. At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the authority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board ofcommissioners in the absence ofthe chairperson and shall serve for the calendar year in which elected. When the vice chairperson presides at a meeting, he or she shall be entitled to vote on a question only if the vote would affect the outcome of a vote or an issue before the board. In the event of a vacancy in the office of vice chairperson, the board ofcommissioners shall elect a new vice chairperson to serve for the remainder of the calendar year.
SECTION 1-8. The board of commissioners shall hold a minimum of one regular meeting and one work session each month at the county seat, which meeting shall be open to the public. The time, date, and place ofthe meetings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the date, time, and place of its monthly meetings shall be published in the official county organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commissioners may hold such additional meetings as shall be necessary when called by the chairperson or any three commissioners, provided all members ofthe board ofcommissioners shall have been notified of such special meeting which is open to the public. Any three commissioners or the chairperson and any two commissioners shall constitute a

____________GEORGIA LAWS 2001 SESSION__________4277
quorum. No official action shall be taken except upon the affirmative vote of at least three members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairperson shall be entitled to vote on a question only if the chairperson's vote would affect the outcome of any vote or issue before the board. All regular and called meetings shall be conducted according to Robert's Rules of Order.
SECTION 1-9. The chairperson shall preside over the meetings of the board of commissioners. The duties of the chairperson shall include, but shall not be limited to, the following:
(1) Calling meetings of the board as provided in Section 1-8 of this Act; (2) Presiding at meetings of the board; (3) Representing the county government at ceremonial functions; (4) Being empowered to submit motions to the board of commissioners for action; (5) Appointing members and chairpersons to all committees ofthe board with the approval of the board of commissioners; and (6) Performing such other duties as shall be delegated to the chairperson by the board of commissioners or as provided by law or ordinance.
SECTION 1-10. The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction. Such policies, rules, and regulations, when so adopted with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding. The board of commissioners shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. The following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction:
(1) To levy taxes; (2) To fix fees; (3) To make appropriations; (4) To fix rates and charges for services provided by the county; (5) To authorize the incurring of indebtedness; (6) To order work done where the cost is to be assessed against benefitted property and to fix the basis for such assessment; (7) To authorize and provide for the execution of contracts; (8) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; provided, however, that the chairperson shall have the authority to adopt subdivision plats when the requirement established by the board of commissioners for subdivisions have been met; (9) To accept for the county the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county;

4278 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
(10) To exercise all powers, duties, and authority in respect to zoning and planning; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation which the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; (16) Except as otherwise provided in this Act, to exercise all ofthe power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; (17) To appoint retained legal counsel and an independent county auditor and provide for their compensation; and (18) To hire a county manager and provide for his or her compensation.
SECTION 1-11. Formal sealed bids shall be received for all purchases in amounts over $5,000.00. Advertisements for such bids shall be published for two consecutive weeks in the official organ of Lumpkin County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay. Notice of such emergency expenditures shall be published in the official organ of Lumpkin County within two weeks of the expenditure.
SECTION 1-12. The internal organization ofthe county government shall be established and altered by the board of commissioners. Existing departments may be abolished and their function transferred to other departments, additional departments may be created, and any two or more departments may be consolidated.
SECTION 1-13. The board of commissioners shall employ a county manager having at least a bachelor's degree in public administration or a related field and at least four years experience in county or city management. The county manager shall serve at the pleasure of the board of commissioners, shall receive such salary as determined by the board of commissioners, shall not be an elected official of any county or municipality, and shall have the following duties, powers, and authority:
(1) To supervise the administration ofthe affairs ofthe county and to see that the ordinances, resolutions, and regulations ofthe board ofcommissioners and the laws of the state are faithfully executed and enforced; (2) To employ and remove all department heads of the county under the jurisdiction of the board of commissioners and staff employees of the county manager pursuant to policies established by the board, except for the county attorney, county auditor, and members of all the boards, commissions, and authorities who shall be appointed and removed by the board ofcommissioners pursuant to law or county ordinance;

____________GEORGIA LAWS 2001 SESSION__________4279
(3) To exercise managerial authority and supervision over the county manager's staff and all department heads under the jurisdiction of the board of commissioners; (4) To require reports from heads of departments and other employees entrusted with administrative duties or exercising discretion. The county manager shall have at all times the authority to examine all books and records of every officer and department of the county under the jurisdiction of the board of commissioners; (5) To attend all meetings of the board of commissioners with a right to take part in the discussions, but having no vote; and to prepare an agenda for each meeting of both new and unresolved business that includes issues recommended by individual commissioners; (6) To recommend to the board of commissioners for adoption such measures as the county manager may deem necessary or expedient; (7) To supervise the performance of all contracts made by any person, company, or corporation with the county for work done for the board of commissioners; (8) To submit to the board of commissioners for approval, prior to July 31 of each year, a proposed operating budget for the next fiscal year showing budget revenues and expenditures during the preceding fiscal year; appropriations and estimated revenue and recommended expenditures for the next fiscal year; recommended tax levies; and such other information and data as may be considered necessary by the board of commissioners; (9) To keep the board of commissioners fully advised as to the financial condition and needs of the county; (10) To make or cause to be made a full written report to the board of commissioners each month showing the operations and expenditures of each department of the county government for the preceding month; (11) To delegate purely administrative duties to department heads or subordinates in the county government whose work the county manager shall supervise and direct; provided, however, that the delegation or assignment of duties to subordinates shall not relieve the county manager from responsibility for administration of such position; (12) To act as the clerk of the Board of Commissioners of Lumpkin County with the authority to delegate the administrative duties of such position; (13) To perform such other duties as may be prescribed by this Act or as may, from time to time, be required by the board of commissioners; and (14) To cooperate with elected and appointed county officers in management of the county's affairs.
SECTION 1-14. The clerk of the board of commissioners shall keep a proper and accurate book of minutes. The book of minutes of the board of commissioners shall contain all the acts, orders, and proceedings ofthe board ofcommissioners in chronological order. The minutes book of the board of commissioners shall be open to the public for inspection at all times during regular office hours; and certified copies of any

4280 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as are other funds, to be assessed by the board of commissioners in an amount sufficient to defray the cost of preparing same.
SECTION 1-15. (a) The county will comply with Chapter 81 of Title 36 of the O.C.G.A., relating to local government budgets and audits, as well as the following provisions of this section. (b) At the time the proposed budget is submitted to the board, the county manager shall cause to be published in the official organ of Lumpkin County a copy of the proposed budget along with the public notices required by subsection (e) of Code Section 36-81-5 of the O.C.G.A. It shall be the duty of the board to hold a meeting at the time and place specified in the notice for the purpose of conducting such public hearing. The board shall review the proposed budget at such public hearing and may adopt the same as submitted by the county manager or make such amendments thereto as the board may deem necessary to maintain the county in sound financial condition. The board may continue the hearing on the proposed budget from time to time, but the time of and the place where the hearing is continued shall be publicly announced at the previous hearing. The board shall adopt the proposed budget as submitted or as amended by the board as the budget for the county for the following fiscal year to which it applies. (c) The final budget adopted by the board shall constitute the board's appropriation of all funds for the fiscal year covered by the budget. The budget may be amended during the fiscal year which it covers upon the board's taking formal action for such purpose at a regular meeting of the board. Prior to taking such action, the board shall cause to be published in the official organ of Lumpkin County a notice setting forth the proposed changes in the budget and a summary of the reasons therefor. Said notice shall also state the time and place of the regular meeting of the board at which action to amend the budget is to be taken. Said notice shall be published at least ten days prior to the date ofthe meeting. No increase in appropriation shall be made without provision also being made to finance such increase. (d) A copy of the final budget adopted by the board and any amendment to or revision of the budget shall be transmitted by the county manager to the grand jury of the Superior Court of Lumpkin County then in session.
SECTION 1-16. No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The county manager shall enforce compliance with this provision by all departments of county government and to this end shall institute a system of allotments of all moneys appropriated and budgeted.
SECTION 1-17. The board ofcommissioners shall on or before the final day ofthe month following the end of each fiscal year employ a certified public accountant for the making of

____________GEORGIA LAWS 2001 SESSION__________4281
an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. Each annual report submitted to the board of commissioners shall be made available for public inspection as are other records in such office. The board of commissioners shall cause to be published in the official organ of Lumpkin County and posted at the courthouse door a statement of the financial condition of the county as of December 31 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Lumpkin County a copy of each annual report furnished by said accountant to the board of commissioners.
PART II SECTION 2-1.
It shall be the duty of the governing authority of Lumpkin County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval.
SECTION 2-2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Lumpkin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Lumpkin County for approval or rejection. The election superintendent shall conduct this election on the date provided by law for the conduct of special elections in November, 2002. The election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Lumpkin County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the governing authority of Lumpkin County be changed to a five-member board of commissioners to be composed of a
NO ( ) chairperson and four additional district commissioners, with compensation for each and a county manager to be employed by the board of commissioners?"
If more than one-half of the votes cast are for approval of changing the governing authority of Lumpkin County to a five-member board of commissioners, then this Act shall become effective as provided in Section 2-3. Ifmore than one-half ofthe votes cast reject changing the governing authority of Lumpkin County to a fivemember board of commissioners, then this Act shall be automatically repealed following the election. The expense of such election shall be borne by Lumpkin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

4282 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 2-3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purpose of conducting the special election provided for in Section 2-2 of this Act. If more than one-half of the votes cast in such special election provided for in Section 2-2 of this Act are for approval of changing the governing authority of Lumpkin County to a five-member board of commissioners, this Act shall become effective on January 1, 2004, for the purpose of conducting the election of the initial members of the Board of Commissioners of Lumpkin County at the November, 2004, general election as provided in Section 1-3 of this Act and shall become effective for all purposes on January 1,2005.
SECTION 2-4. If more than one-half of the votes cast in such special election provided for in Section 2-2 of this Act are for approval of changing the governing authority of Lumpkin County to a five-member board of commissioners, an Act creating the office of commissioner of Lumpkin County, approved March 7, 1955(Ga. L. 1955, p. 2892), as amended, is repealed on January 1, 2005.
SECTION 2-5. All laws and parts of laws in conflict with this Act are repealed.
Operator: local Client: lumpkin Plan: lumpccOl
District No. 1 LUMPKIN
Tract: 9601. Block: 219A, 219B, 219C, 219D, 220, 221, 222, 232, 233, 234, 235, 236, 237, 238, 241, 242A, 242B, 329, 503A, 503B, 504A, 504B, 504C,505, 506, 507 ,508, 509, 510, 511, 512, 530, 531, 532
Tract: 9602. Block: 209, 215,216A Block: That part of 216B which lies generally north of Clay Creek Block: 217,218,219, 220, 221, 222, 223A, 241B Block Group: 3 Block Group: 4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513A, 513B Block: That part of 514 which lies generally west and south of Cane Creek Block: 520A, 520B, 520C, 520D Block: That part of 520E which lies generally west and south of Cane Creek Block: 520F, 521A, 521B, 521C, 521D, 522, 523A, 523B, 523C, 524
District No. 2 LUMPKIN
Tract: 9602.

____________GEORGIA LAWS 2001 SESSION ______4283
Block: That part of 216B which lies generally south of Clay Creek Block: 111,113,114,115,116,117,118,119,120,121,122,123,124,149,
150,151,152,153,154,155,161,162,163,164,165,166,167,168, 169,170,171,172,173,174,175,176,177,178,179,180,181,182, 183, 184, 185, 186, 187, 188, 223B, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241A, 241C Block: That part of 514 which lies generally north and east of Cane Creek Block: 515, 516A, 5166,517,518, 519 Block: That part of 520E which lies generally north and east of Cane Creek Block: 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 Block Group: 6
District No. 3 LUMPKIN
Tract: 9601. Block Group: 4 Block: 501, 502, 513, 514, 515, 516, 517, 518, 519 Block: That part of 514 which lies generally north and east of Cane Creek Block: 520,521,522,523,524,525,526,527,528,529,533,534,535,536, 537, 538, 539, 540, 541, 542, 543, 544, 545
Tract: 9602. Block: 520E
District No. 4 LUMPKIN
Tract: 9601. Block Group: 1 Block: 201,202,203,204,205,206,207,208,209,210,211,212,213,214, 215,216,217,218,223,224,225,226,227,228,229,230,231,239, 240,301,302,303,304,305,306,307,308,309,310,311,312,313, 314,315,316,317,318,319,320,321,322,323,324,325,326,327, 328,330,331,332,333,334,335,336,337,338,339,340,341,342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355
Tract: 9602. Block: 101,102,103,104,105,106,107,108,109,110,112,125,126,127, 128,129,130,131,132,133,134,135,136,137,138,139,140,141, 142,143,144,145,146,147,148,156,157,158,159,160,189,190, 191,192,193,194,195,196,197,201,202,203,204,205,206,207, 208,210,211,212,213,214,224

4284 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 2001 session of the General Assembly of Georgia a bill to create the Board of Commissioners of Lumpkin County; to provide for a referendum; and for other purposes.
This 1st day of December, 2000.
Carol Jackson District 50
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carol Jackson, who on oath deposes and says that she is the Senator from the 50th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget which is the official organ of Lumpkin County on the following date: January 10, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

____________GEORGIA LAWS 2001 SESSION_________4285
s/ CAROL JACKSON Carol Jackson Senator, 50th District
Sworn to and subscribed before me, this 23rd day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CARROLL COUNTY - HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM.
No. 143 (Senate Bill No. 88).
AN ACT
To provide for a homestead exemption from certain Carroll County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value ofthat homestead that exceeds the assessed value ofthat homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident; to provide that such exemption shall be extended to the unremarried surviving spouse at the time of the person's death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Carroll County Property Taxpayer Reassessment Relief Act of 2001."
SECTION 2. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Carroll County, including, but not limited to, any ad valorem taxes for special district purposes, but not

4286 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
including taxes levied in fire prevention districts for fire prevention purposes and taxes to pay interest on and to retire county bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence. (b) Each resident of Carroll County is granted an exemption on that person's homestead from all Carroll County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value ofthat homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident. Such exemption shall be extended to the unremarried surviving spouse at the time of the person's death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead. If any real property is removed from the homestead, the assessment in the base year shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent or the person's unremarried surviving spouse files an application with the tax commissioner of Carroll County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. (d) The tax commissioner of Carroll County shall provide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person or the person's unremarried surviving spouse granted the homestead exemption under subsection (b) of this section to notify the tax commissioner ofthe county or the designee thereof in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes.

____________GEORGIA LAWS 2001 SESSION__________4287
(g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2003.
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Carroll County shall call and conduct an election on the date of the 2002 general primary as provided in this section for the purpose of submitting this Act to the electors of Carroll County for approval or rejection. The election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose ofthe election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Carroll County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from certain Carroll County ad valorem taxes for county purposes
NO ( ) in an amount equal to the amount by which the current year assessed value ofthat homestead exceeds the base year assessed value ofthat homestead in order to assure that ad valorem taxes on such property for county purposes will not be increased as a result of the reassessment of such property?"
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 onehalf of the votes cast on such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect on January 1,2003. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Carroll County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 2001 Session of the General Assembly of Georgia a bill to provide for a homestead exemption from certain Carroll County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value

4288 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident; to provide that such exemption shall be extended to the unremarried surviving spouse at the time of the person's death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 11th day of January, 2001.
By: s/ William Hamrick Honorable William Hamrick Senator, District 30
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Hamrick, who on oath deposes and says that he is the Senator from the 30th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times Georgian which is the official organ of Carroll County on the following date: January 11, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

_____________GEORGIA LAWS 2001 SESSION__________4289
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ WILLIAM HAMRICK William Hamrick Senator, 30th District
Sworn to and subscribed before me, this 22nd day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
BUTTS COUNTY - HOMESTEAD EXEMPTIONS; SCHOOL DISTRICT TAXES; COUNTY TAXES; REFERENDUMS.
No. 144 (Senate Bill No. 140).
AN ACT
To provide a homestead exemption from Butts County School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over without regard to their income; to provide a homestead exemption from Butts County ad valorem taxes in the amount of $4,000.00 of the assessed value of the homestead for certain residents of the county who are 62 years of age or over without regard to their income; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for applicability; to provide for referendums, effective dates, and automatic repeal; to repeal a local amendment to the Constitution of Georgia which provided a $12,000.00 homestead exemption from Butts County School District ad valorem taxes for certain older residents of that district with incomes below certain levels; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4290 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
PART 1 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 Butts County School District, including, but not limited to, taxes to pay interest on and to retire school bond indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G. A. (3) "Senior citizen" means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this part is made.
SECTION 2. (a) Each resident of the Butts County School District who is a senior citizen is granted an exemption on that person's homestead from all Butts County School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Butts County giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
SECTION 3. The tax commissioner of Butts County or the designee thereof shall provide application forms for the exemption granted by Part 1 of this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of Part 1 ofthis Act, it shall not be necessary to make application and file such affidavit thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under Part 1 of this Act to notify the tax commissioner of Butts County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.

_____________GEORGIA LAWS 2001 SESSION__________4291
SECTION 5. The exemption granted by Part 1 of this Act shall not apply to or affect any state taxes, municipal taxes, independent school district taxes, or Butts County taxes for county purposes. The homestead exemption granted by Part 1 of this Act shall be in lieu of the homestead exemption applicable to Butts County School District ad valorem taxes for educational purposes provided by Code Section 48-5-52 of the O.C.G.A. but in addition to any other homestead exemption applicable to Butts County School District ad valorem taxes for educational purposes.
SECTION 6. The exemption granted by Part 1 of this Act shall apply to all taxable years beginning on or after January 1, 2003.
SECTION 7. That amendment to the Constitution of Georgia proposed by HR No. 827-1887 (Ga. L. 1980, p. 2333) and subsequently ratified, which provided a $12,000.00 homestead exemption from all Butts County School District ad valorem taxes for persons 62 years of age or over whose annual adjusted gross income did not exceed $8,000.00, is repealed on January 1, 2003.
SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Butts County shall call and conduct an election as provided in this section for the purpose of submitting Part 1 of this Act to the electors of the Butts County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2002, state-wide general election and shall issue the call and conduct that election as provided by general law. 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 Butts County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall Part 1 of an Act be approved which provides a new increased homestead exemption from Butts County School District ad valorem
NO ( ) taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or over and which repeals a local amendment to the Constitution of Georgia which provided a $12,000.00 exemption from such taxes for such persons having annual adjusted gross incomes not exceeding $8,000.00?"
All persons desiring to vote for approval of Part 1 of the Act shall vote "Yes," and those persons desiring to vote for rejection of Part 1 of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of Part 1 of the Act, Sections 1 through 7 of this Act shall become of full force and effect on January 1, 2003. If Part 1 of the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 of this Act shall not

4292 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
become effective and Part 1 of this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Butts County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
PART 2 SECTION 9.
For purposes of this part, the term: (1) "Butts County ad valorem taxes" means all ad valorem taxes levied by Butts County for county purposes, including, but not limited to, taxes to pay interest on and to retire bond indebtedness but not including ad valorem taxes levied for or on behalf of the Butts County School District. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Senior citizen" means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this part is made.
SECTION 10. (a) Each resident of Butts County who is a senior citizen is granted an exemption on that person's homestead from all Butts County ad valorem taxes in the amount of $4,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Butts County giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
SECTION 11. The tax commissioner of Butts County or the designee thereof shall provide application forms for the exemption granted by Part 2 of this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 12. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 10 of Part 2 of this Act, it shall not be necessary to make application and file such affidavit thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under Part 2 of this Act

_____________GEORGIA LAWS 2001 SESSION__________4293
to notify the tax commissioner of Butts County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 13. The exemption granted by Part 2 of this Act shall not apply to or affect any state taxes, municipal taxes, independent school district taxes, or taxes levied for or on behalf of the Butts County School District. The homestead exemption granted by Part 2 of this Act shall be in lieu of the homestead exemption applicable to Butts County ad valorem taxes provided by Code Section 48-5-47 of the O.C.G.A. but in addition to any other homestead exemption applicable to Butts County ad valorem taxes.
SECTION 14. The exemption granted by Part 2 of this Act shall apply to all taxable years beginning on or after January 1, 2003.
SECTION 15. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Butts County shall call and conduct an election as provided in this section for the purpose of submitting Part 2 of this Act to the electors of Butts County for approval orrejection. The election superintendent shall conduct that election on the date ofthe November, 2002, state-wide general election and shall issue the call and conduct that election as provided by general law. 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 Butts County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall Part 2 of an Act be approved which provides a homestead exemption from Butts County ad valorem taxes for county purposes
NO ( ) in the amount of $4,000.00 of the assessed value of the homestead for residents of that county who are 62 years of age or over without regard to their income?"
All persons desiring to vote for approval of Part 2 of the Act shall vote "Yes," and those persons desiring to vote for rejection of Part 2 of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of Part 2 of the Act, Sections 9 through 14 of Part 2 shall become of full force and effect on January 1, 2003. If Part 2 of the Act is not so approved or if the election is not conducted as provided in this section, Sections 9 through 14 of Part 2 of this Act shall not become effective and Part 2 of this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Butts County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

4294 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PART 3 SECTION 16.

Except as otherwise provided in Parts 1 and 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 17. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to change the provisions relating to certain senior citizen homestead exemptions from Butts County School District and Butts County ad valorem taxes, to repeal a local amendment to the Constitution of Georgia relating to such an exemption from school taxes, to provide for a referendum, and for other purposes.

This 26 day of January, 2001.

Senator Mike D. Crotts 17th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike D. Crotts , who on oath deposes and says that he is the Senator from the 17th District and further deposes and says as follows:

(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County on the following date: January 31, 2001.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

____________GEORGIA LAWS 2001 SESSION__________4295
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ MIKE D. CROTTS Mike D. Crorts Senator, 17th District
Sworn to and subscribed before me, this 8th day of February, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 13, 2001.
GWINNETT JUDICIAL CIRCUIT - JUDGES; SALARY SUPPLEMENT.
No. 145 (Senate Bill No. 141).
AN ACT
To amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12,1960(Ga.L. 1960, p. 110), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3613), so as to change the provisions relating to the salary supplements for the judges of the Superior Court of the Gwinnett 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. To amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12,1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997,

4296 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
p. 3613), is amended by striking Section 2A of said Act and inserting in lieu thereof a new Section 2A to read as follows:
'SECTION 2A. Effective January 1,2002, the compensation and allowances of the judges of the Superior Court of the Gwinnett Judicial Circuit shall be as provided by law and in addition thereto the salary of each judge shall be supplemented in the amount of $33,750.00 per annum from the funds of Gwinnett County. Such supplement shall be payable in equal monthly installments. The governing authority of Gwinnett County is authorized and directed to the compensation provided in this section. In addition to the above provisions, the governing authority of Gwinnett County is authorized to pay the superior court judges of the Gwinnett Judicial Circuit such amount as shall be fixed by the governing authority.'
SECTION 2. This Act shall become effective on January 1, 2002.
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 2001 session of the General Assembly of Georgia a bill to amend an Act creating the Gwinnett Judicial Circuit (Ga. L. 1960, p. 1:0), as amended, so as to change the provisions relating to the salary supplements for the judges of the Superior Court of the Gwinnett Judicial Circuit; and for other purposes.
This 12th day of January, 2001.
-s- William M. Ray II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Ray, who on oath deposes and says that he is the Senator from the 48th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on the following date: January 26, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

____________GEORGIA LAWS 2001 SESSION__________4297
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BILLY RAY Billy Ray Senator, 48th District
Sworn to and subscribed before me, this 8th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.
GWINNETT COUNTY - RECORDER'S COURT; JUDGE PRO HAC VICE; COMPENSATION.
No. 146 (Senate Bill No. 143).
AN ACT
To amend an Act creating the Recorder's Court of Gwinnett County, approved

4298 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
March 27, 1972 (Ga. L. 1972, p. 3125), as amended, particularly an Act approved March 5, 1987 (Ga. L. 1987, p. 3765), so as to change the compensation of the judge pro hac vice; to provide 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 Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, particularly by an Act approved March 5,1987 (Ga.L. 1987, p. 3765), is amended by striking in its entirety Section Band inserting in its place a new Section 13 to read as follows:
'SECTION 13. Recorder Pro Hac Vice. The chief judge of the Recorder's Court of Gwinnett County shall have the authority to designate a practicing attorney holding the qualifications of a judge of the recorder's court to serve as judge pro hac vice in the place of either judge during an absence, because of disability, or if a judge is disqualified. A judge pro hac vice while serving as judge shall have the same power and authority vested in the judges of said court and shall be paid at the rate of $250.00 per day by the governing authority of Gwinnett County."
SECTION 2. This Act shall become effective January 1, 2002.
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 2001 session of the General Assembly of Georgia a bill to amend an Act creating the Recorder's Court of Gwinnett County, approved March 27,1972 (Ga. L. 1972, p. 3125), as amended; and for other purposes.
This 12th day of January, 2001.
-s- William M. Ray II Senator, 48th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Ray, who on oath deposes and says that he is the Senator from the 48th District and further deposes and says as follows:

____________GEORGIA LAWS 2001 SESSION_________4299
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on the following date: January 26, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BILLY RAY Billy Ray Senator, 48th District
Sworn to and subscribed before me, this 8th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.

4300 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CARROLL COUNTY - MAGISTRATE COURT; LAW LIBRARY FEES.
No. 147 (Senate Bill No. 203).
AN ACT
To provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Carroll County; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to the authority of Code Section 15-10-86 and Chapter 15 of Title 36 of the O.C.G.A., law library fees shall be charged and collected in each action and case in the Magistrate Court of Carroll County. The amount of such fees shall be fixed by the chief judge of the Superior Court of Carroll County as provided in Code Section 36-15-9 of the O.C.G.A. Such fees shall be in addition to all other legal costs.
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 2001 session of the General Assembly of Georgia a bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Carroll County; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 29th day of January, 2001.
s/ William Hamrick WILLIAM HAMRICK Senator, District 30
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William G. Hamrick, III, who on oath deposes and says that he is the Senator from the 30th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times Georgian which is the official organ of Carroll County on the following date: January 31, 2001.

____________GEORGIA LAWS 2001 SESSION_________4301
(2) That the laws requiring notice of local legislation wer a further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ WILLIAM G. HAMRICK, III William G. Hamrick, III Senator, 30th District
Sworn to and subscribed before me, this 14th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.

4302 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GWINNETT COUNTY - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; MINIMUM OWNERSHIP REQUIREMENT; REFERENDUM.
No. 148 (Senate Bill No. 219).
AN ACT
To amend an Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption, approved March 13,1990 (Ga. L. 1990, p. 3 774), as amended, so as to eliminate the 24 month minimum ownership requirement; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption, approved March 13,1990 (Ga. L. 1990, p. 3774), as amended, is amended by striking subsection (b) of Section 1 and inserting in its place a new subsection (b) to read as follows:
'(b) The exemption provided by this Act shall not be granted unless the resident's Georgia taxable net income, together with the Georgia taxable net income of that resident's spouse who also occupies and resides at such homestead, as Georgia taxable net income is defined by Code Section 48-7-27 of the O.C.G.A., from all sources, does not exceed the sum of $25,000.00 for the immediately preceding taxable year plus the maximum amount authorized to be paid to an individual and that individual's spouse under the federal Social Security Act."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gwinnett County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Gwinnett County School District for approval or rejection. The election superintendent shall conduct that election on the first date authorized under Code Section 21-2-540, on which another special election is to be conducted in Gwinnett County, and shall issue the call and conduct that election as provided by general law. If no such other special election is to be conducted in 2001, the election superintendent shall conduct that election on the date ofthe 2002 state-wide general primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the

_____________GEORGIA LAWS 2001 SESSION__________4303
official organ of Gwinnett County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which eliminates the 24 month minimum ownership requirement for eligibility for exemption from Gwinnett
NO ( ) County School District ad valorem taxes for the full value of the homestead for certain residents of the Gwinnett County School District who are 65 years of age or over or who are disabled?"
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 on January 1 of the year immediately following that election date. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on January 1, 2003. The expense of such election shall be borne by Gwinnett County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 2001 session of the General Assembly of Georgia a bill to amend an Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over who is disabled and who meets certain conditions, terms, and requirements for such exemption, approved March 13,1990 (Ga. L. 1990, p. 3 774), as amended, and for other purposes.
This 11th day of February, 2001.
-s- William M. Ray II Senator, 48th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William M. Ray II, who on oath deposes and says that he is the Senator from the 48th District and further deposes and says as follows:

4304 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on the following date: February 11, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
__The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ WILLIAM M. RAY, II William M. Ray, II Senator, 48th District
Sworn to and subscribed before me, this 16th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13,2001.

_____________GEORGIA LAWS 2001 SESSION__________4305
CUSSETA-CHATTAHOOCHEE COUNTY CHARTER AND UNIFICATION COMMISSION - CREATION; CHARTER; REFERENDUM.
No. 149 (Senate Bill No. 228).
AN ACT
To create and establish the Cusseta-Chattahoochee County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter and unification commission and for the payment of those expenses by the governing authorities of the City of Cusseta and the County of Chattahoochee; to provide that said commission shall be authorized to study all matters relating to the governments of the County of Chattahoochee and the City of Cusseta and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Chattahoochee County; to provide for the submission of such proposed county-wide government charter to the qualified voters for approval or rejection; to provide for the conduct of such election and for the certification of the results thereof; to provide for all procedures and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Cusseta-Chattahoochee County Charter and Unification Commission Act" and is enacted pursuant to the authority granted by Article IX, Section III, Paragraph II of the Constitution of the State of Georgia.
SECTION 2. As used in this Act, the following terms shall have the meanings ascribed to them unless the context clearly requires otherwise:
(1) "Charter and unification commission" or "commission" shall mean the Cusseta-Chattahoochee County Charter and Unification Commission provided for in this Act. (2) "Governing authority of the City of Cusseta" shall mean the mayor and city council of the City of Cusseta, a municipal corporation of the State of Georgia. (3) "Governing authority of the County of Chattahoochee" shall mean the Board of Commissioners of Chattahoochee County, a political subdivision of the State of Georgia.

4306 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 3. (a) There is created the Cusseta-Chattahoochee County Charter and Unification Commission, which shall consist of 17 members to be appointed within 30 days of the effective date of this Act as provided in this section. (b) The governing authority of the City of Cusseta shall appoint seven members to the charter and unification commission who shall be citizens of the City of Cusseta at the time of such appointment and for the duration of their respective terms as members of such commission. (c) The governing authority of the County of Chattahoochee shall appoint seven members to the charter and unification commission who shall be citizens of unincorporated Chattahoochee County at the time of such appointment and for the duration of their respective terms as members of such commission. (d) The 14 members of the charter and unification commission provided for in subsections (b) and (c) of this section shall jointly appoint three members to the charter and unification commission who shall be citizens of Chattahoochee County at the time of such appointment and for the duration of their entire terms as members of such commission. (e) If a governing authority refuses or fails to appoint a member of the commission as required by this section, the senior superior court judge of the Chattahoochee Judicial Circuit shall make such appointment within ten days following the expiration of the 30 day period allowed for appointments provided for in subsection (a) of this section. (f) None of the members of said charter and unification commission shall hold any other elective public office. (g) To be eligible for appointment as a member of the charter and unification commission, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least five years and registered as an elector to vote in Chattahoochee County for a period of at least two years prior to his or her appointment. (h) If a member of the charter and unification commission should die, become disabled, remove his or her residence and place of domicile to a place outside the territorial limits of the appointing jurisdiction, resign, or become unable or decline to serve for any reason whatever as a member of the charter and unification commission, said commission shall declare a vacancy in his or her office as a member of such commission and within 15 days thereafter the governing authority or authorities that appointed that member shall appoint a successor promptly to fill such vacancy. (i) A certificate of appointment shall be issued by the appointing authority of each member of the charter and unification commission and filed in the office of the Probate Court of Chattahoochee County with a duplicate original of such certificate being transmitted to, and filed with, the chairperson or the secretary of the charter and unification commission. (j) A majority of the members of the charter and unification commission shall constitute a quorum for the transaction of business. Such quorum shall not be applicable with respect to any committees or subcommittees which, at the discretion of the charter and unification commission, may be appointed. A majority of the

_____________GEORGIA LAWS 2001 SESSION__________4307
members of each such committee or subcommittee shall constitute a quorum for the conduct of its business. (k) The charter and unification commission may appoint advisory committees or subcommittees from among the general populace to advise it with respect to its work; provided, however, that the charter and unification commission may not delegate any of the duties, powers, or obligations imposed upon the commission and granted to it by this Act to any such advisory committee or subcommittee. Any such advisory committee or subcommittee so appointed shall serve at the discretion of the commission and shall serve subject to such terms, conditions, and charges as may be imposed upon it by the commission. (1) All persons who shall, from time to time, serve as members of the charter and unification commission or its committees or subcommittees and all agents, employees, and staff appointed or hired by the charter and unification commission from time to time shall be afforded coverage and shall be included in the insured class, under the provision of such policies, riders, or other insurance contracts from time to time in force and held by the governing authority of the County of Chattahoochee, extending to members of such governing authority of the County of Chattahoochee, and what is commonly referred to as "public official's liability insurance coverage," to the same extent and as nearly as practicable with identical coverage and limits as afforded to the individual members of the governing authority of the County of Chattahoochee. Any and all additional premium amounts payable by the County of Chattahoochee due to the extension of such coverage to the members of the charter and unification commission and its appointees, agents, employees, and staff shall be paid, when due and payable, one-half by the County of Chattahoochee and one-half by the City of Cusseta, which payments shall be made in addition to all other amounts otherwise payable under the provisions of this Act. (m) The governing authority of the County of Chattahoochee, the governing authority of the City of Cusseta, and the governing authority of any county-wide government created under a charter adopted pursuant to this Act are authorized and directed to expend funds for fees, costs, and expenses incurred in providing for the defense of the members of the charter and unification commission arising out of their activity as members of such commission and in providing for the defense of any proposed charter submitted by the commission, whether prior to the referendum thereon or after the referendum thereon is conducted.
SECTION 4. (a) The charter and unification commission shall hold an organizational meeting not less than 30 days nor more than 45 days after the date this Act becomes effective. Any three or more members of the charter and unification commission, composed of at least one member appointed by the governing authority of the City of Cusseta and one member appointed by the governing authority of the County of Chattahoochee, shall call such organizational meeting. The call of such organizational meeting shall designate the time, date, and place that such organizational meeting shall be held.

4308 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
(b) The first order of business at the organizational meeting shall be the designation, by the majority vote of those members present, of a temporary chairperson to preside until a permanent chairperson is elected. The second order of business at the organizational meeting shall be the election of a permanent chairperson who shall be elected by the majority vote of all members of the charter and unification commission. (c) The charter and unification commission shall be authorized to elect a secretary, who need not be a member of the commission, and such other officers from the membership of the charter and unification commission as it shall deem necessary. The charter and unification commission shall be further authorized to employ such staff as may be required to assist it in studying all matters relating to the government of the City of Cusseta and the County of Chattahoochee and in drafting a charter. The charter and unification commission shall not employ any person who holds any elective public office. (d) The members of the charter and unification commission shall not receive per diem or other compensation for their services, but the members shall be reimbursed for actual expenses incurred by them in carrying out their duties. The staff employed by the commission shall be paid compensation as determined by the commission within the limits of funds available to it. The governing authority of the City of Cusseta and the governing authority of the County of Chattahoochee are authorized to expend public funds in carrying out the provisions of this Act and shall share equally the expense thereof. Each of the said governing authorities shall initially appropriate up to $5,000.00 for the charter and unification commission and the treasurer or other fiscal authority of each of those governing authorities shall honor, from time to time, vouchers or warrants signed by the chairperson of the charter and unification commission for amounts up to an aggregate total of such amount. The governing authorities shall appropriate such additional funds in equal amounts as may be necessary to meet the expenses of the charter and unification commission, provided that such additional expenditures shall be first approved by both governing authorities. (e) The charter and unification commission is also authorized to solicit, receive, and expend contributions, grants, gifts, and other funds from other sources to be utilized by it in the conduct of its business. (f) All public officials and employees of the City of Cusseta and the County of Chattahoochee upon request shall furnish the charter and unification commission with all documents, books, records, data, and information necessary or appropriate in the opinion of the charter and unification commission for it to carry out its duties, except for information that is confidential or privileged by law and shall furnish such other assistance and aid to the commission as it shall request and shall also appear and give testimony, at the request of the commission, before the commission or before any of its committees, subcommittees, or advisory committees.
SECTION 5. The commission shall be authorized to study all matters relating to the governments of the City of Cusseta and the County of Chattahoochee and all matters relating to the establishment of a single county-wide government with powers and jurisdiction

____________GEORGIA LAWS 2001 SESSION_________4309
throughout the territorial limits of Chattahoochee County. The commission shall upon completion of its study issue a written report of its findings, conclusions, and recommendations. If, after conducting such study, the charter and unification commission shall deem it to be in the best interests of the governments proposed to be affected, said commission shall draft a proposed charter creating a single county-wide government, and if such charter is approved by the voters under the provisions of this Act, then the newly created county-wide government shall supersede and replace the existing governments of the City of Cusseta and the County ofChattahoochee and may also supersede and replace any public authorities and special service districts located and operating within Chattahoochee County. If the charter and unification commission does not deem it to be in the best interests of the governments proposed to be affected to recommend the establishment of a single county-wide government but concludes from its study that it is feasible to consolidate specific governmental services, programs, and activities, then the commission may issue such findings, conclusions, and recommendations in writing together with reasons why such recommendations will make government operations more efficient.
SECTION 6. (a) The charter so drafted shall be submitted to the qualified voters of Chattahoochee County for approval or rejection of the referendum provided for in Section 10 of this Act. (b) The General Assembly delegates its powers to the charter and unification commission to draft such a charter which may include any provisions necessary to effectuate its purposes. Without limiting the generality of the foregoing, the proposed charter may provide for any one or more, or a combination, ofthe matters listed below. Where it is indicated that an item shall be included, the inclusion of that particular item shall be mandatory:
(1) The charter shall provide for the abolishment of the existing governments of the City of Cusseta and the County of Chattahoochee and for the creation of a new single government which may have all powers formerly exercised by the City of Cusseta and the County of Chattahoochee and such other powers as may be necessary or desirable. The new single government may be given, and may have, such rights, privileges, exemptions, preferences, discretions, immunities, powers, duties, and liabilities as are now or hereafter granted to, or vested in, municipalities or counties or both by the Constitution and laws of the State of Georgia. The form and composition of the new government shall be as the charter shall provide; (2) The charter may authorize the new government to continue to be eligible to have, hold, enjoy, and be entitled to any assistance, credits, benefits, moneys, grants, grants-in-aid, funds, loans, aid, appropriations, and matching ftmds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future state or federal programs;

4310 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
(3) The charter may provide for the abolishment, modification, consolidation, or merger of any court unless otherwise prohibited by the Constitution or general law; (4) The charter may provide for the abolishment, modification, consolidation, or merger of any public authorities and special service districts located within Chattahoochee County created by law and for the transfer of any powers, duties, and obligations of such authorities and districts to the new county-wide government or to any agency thereof or from one such authority or special service district to another in such manner as said charter shall provide unless otherwise prohibited by the Constitution or general law; (5) The charter may provide for the abolishment, modification, consolidation, or merger of any one or more public offices or positions of public employment of any municipality merged in the county-wide government and the County of Chattahoochee and any public authorities or special service districts located or operating within Chattahoochee County unless otherwise prohibited by the Constitution or general law. The charter may provide for administrative division or changes with reference to the duties and responsibilities of any public office or official as the charter and unification commission shall deem necessary for the efficient functioning of the new county-wide government; (6) The charter shall provide for the creation of the governing authority of the new single county-wide government, including the number of members of the governing authority, their powers, duties, terms of office, manner, and time of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said county-wide governing authority. The charter shall provide for the name or names of the new county-wide government and governing authority; (7) The charter may provide for the creation of the various departments, boards, bureaus, offices, commissions, and positions of public employment of the new county-wide government and for any matters necessary or incidental thereto; (8) The charter shall provide for the creation of special tax districts consisting of the territory lying within the former boundaries of the affected governments for the purpose of the successor county-wide government levying a tax therein sufficient to retire any bonded indebtedness of such governments which is outstanding on the effective date of the abolishment of such government; (9) The charter may provide for the assumption by the new government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities, and special service districts which are altered by said charter and a method by which the new county-wide government shall assume the payment of any obligations issued under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," or other similar legislation; (10) The charter may provide for the transfer to the new county-wide government of assets, contracts, and franchises of all governmental units and any public authorities and special service districts which are merged with the new county-wide government or are altered by the charter;

_____________GEORGIA LAWS 2001 SESSION__________4311
(11) The charter may provide the purposes for which the new county-wide government or governing authority or any agency thereof may levy taxes; (12) The charter shall provide for the method or methods by which it may be amended. The General Assembly expressly reserves the right to amend any charter adopted pursuant to this Act. The charter may provide for an additional method or methods by which the charter may be amended and shall provide for any amendments adopted by any such other method or methods to be filed with the Secretary of State so that they may be published in the Georgia Laws; (13) The charter shall provide for the repeal of conflicting laws; and (14) The charter may contain such other provisions as are necessary and needful to achieve the objectives of consolidation of the governments and functions of the City of Cusseta and the County of Chattahoochee and the creation of a successor government. (c) The following additional provisions shall govern proceedings of the charter and unification commission and any successor county-wide government created by a charter drafted by the commission: (1) The charter and unification commission is authorized to contract with any public or private institution or body, including the Carl Vinson Institute of Government, for any special studies or assistance it deems necessary, subject to the limitation that any expenditure therefor shall be within the limits of the funds made available to the commission by the respective governing authorities; and (2) Any successor government created and established shall, without the necessity or formality of deed, bill of sale, or other instrument of transfer, be and become the owner of all property, assets, and rights previously belonging to the City of Cusseta and the County of Chattahoochee and any other authorities or special service districts merged into the new government. (d) The charter and unification commission shall have all the powers of the superior courts to compel the attendance of witnesses before the commission and any of its committees, subcommittees, or advisory committees; to compel witnesses to testify thereat; and to subpoena any person or entity and all such books, records, data, papers, documents, and other tangible items which may be deemed by the commission to be material to any question or issue deemed by it to be relevant to the duties or prerogatives imposed upon or granted to the commission by this Act. Such subpoenas shall be issued in the name of the commission, shall be signed by either the chairperson or the secretary ofthe commission, and shall be served in the manner provided by law for the service of subpoenas in civil cases pending in the superior courts. Witnesses subject to such subpoenas shall be entitled to the same compensation as witnesses attending superior court, which compensation shall be collected in the same manner as that of witnesses in the superior courts except that such compensation shall be paid from funds of the commission. Should any such subpoenaed person or witness fail or refuse to answer questions propounded or fail or refuse to produce any books, records, data, papers, documents, or other tangible items required to be produced by the commission, except upon a legal excuse which would relieve such person of such obligation in a civil case pending in the superior court, the person so failing or refusing shall be guilty of contempt and may be cited

4312 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
by the commission to appear before ajudge ofthe Superior Court ofChattahoochee County. The judge of said court shall have the same power and jurisdiction to punish the person cited for contempt and to require and compel the attendance, the giving of testimony, or the production of items as in cases of contempt committed in the presence of the court and as in cases pending before the court. (e) Notwithstanding any other provisions of this Act, the charter and unification commission and the charter proposed by the commission and subsequently adopted may not:
(1) Alter or affect the status of the Chattahoochee County School System or the Chattahoochee County Board of Education or any provision of the Constitution or laws of the State of Georgia by which the Chattahoochee County School System is constituted, empowered, or preserved or to transfer any of its powers, duties, or obligations; (2) Impair or diminish any pension or retirement rights; or (3) Abolish the office of sheriff, clerk of superior court, or tax commissioner. (f) None of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to any municipality electing to be excluded as provided in this Act or the school district, board of education, industrial development authority, office of sheriff, clerk of superior court, or tax commissioner, pension rights, and homestead exemptions which existed prior to the adoption of this Act. (g) The powers granted in this Act to the charter and unification commission by the General Assembly are remedial in nature and shall be liberally construed to effectuate their purpose.
SECTION 7. (a) The charter and unification commission shall be required to hold at least two public hearings to determine the sentiment ofthe citizens ofthe City of Cusseta and the County of Chattahoochee regarding the work of the charter and unification commission. The first public hearing shall be held within 30 days of the issuance of the commission's final written report on the feasibility of establishing a single county-wide government within Chattahoochee County, and a second public hearing shall be held within 15 days of the submission of any proposed charter for such consolidated government to the Chattahoochee County Board of Elections. The charter and unification commission is authorized to hold more than two public hearings if it determines that additional public hearings are desirable. The charter and unification commission shall cause the date, time, and place of each such hearing to be advertised in the official organ of Chattahoochee County twice during the week next preceding the week in which the public hearing is held. The charter and unification commission shall cause to be made a transcript of each public hearing held and shall file the same in its minutes and records. (b) Following issuance of the commission's final written report, the governing authorities of the City of Cusseta and the County of Chattahoochee shall each hold and conduct a public hearing to determine the sentiments oftheir citizens regarding the work of the charter and unification commission. Notice of such hearings shall be advertised in the same manner as required for hearings held by the charter and

_____________GEORGIA LAWS 2001 SESSION__________4313
unification commission. Representatives of the charter and unification commission shall be invited to present the final report to said governing authorities.
SECTION 8. (a) The charter and unification commission shall complete its studies and shall prepare, complete, and file any proposed charter no later than August 31, 2003; provided, however, the above-described time period may be extended for such additional periods of time as may be authorized by a resolution duly adopted by the governing authority of the City of Cusseta and by a similar resolution being duly adopted by the governing authority of the County of Chattahoochee and may also be extended by an Act of the General Assembly and shall be automatically extended for a period of time equal to the period of time that any proposed charter shall be under consideration by the United States Department of Justice or by any courts. (b) Certified copies of the charter shall be filed by the charter and unification commission with the clerks of the governing authorities of the City of Cusseta and the County of Chattahoochee and shall be authenticated by the signature of the chairperson of the charter and unification commission. Such copies shall be public records and shall be available for inspection or examination by any interested person. (c) The charter and unification commission shall also make available a copy of the charter to every daily or weekly newspaper published in Chattahoochee County and to each radio or television station operating within the county. The commission shall take such other steps, within the limitation of its available funds, as it deems reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter. The charter and unification commission shall also cause a summary of the proposed charter to be printed in pamphlets or booklets and made available for general distribution throughout the county. (d) The charter and unification commission is authorized to adopt such rules and regulations as it deems necessary or desirable to carry out its powers and perform its duties and functions. (e) Following the completion of the proposed charter by the charter and unification commission and prior to the time of filing or submission thereof as provided in this Act, the same shall be presented for review by the United States Department of Justice as may be required by law. The failure of any proposed charter submitted by the charter and unification commission to the Department of Justice to obtain preclearance by the Department of Justice shall not prevent the charter and unification commission from revising said charter in a manner so as to enable the proposed charter to meet Department of Justice objections with respect thereof, and the charter and unification commission is empowered to redraft any such proposed charter in such manner so as to meet requirements for the Department of Justice's approval in the event that any initial proposed charter fails to obtain Department of Justice approval.

4314 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 9. (a) A certified copy of the proposed charter shall be submitted by the commission to the election superintendent of Chattahoochee County, and it shall be the duty of such superintendent to call and hold a referendum election for ratification or rejection of the proposed charter as provided in Section 10 of this Act. (b) The charter and unification commission shall be abolished by operation of law at midnight of the day the results of the special referendum election on the proposed charter become final and effective pursuant to the laws of the State of Georgia.
SECTION 10. (a) As soon as practicable after receipt ofthe certified copy ofthe proposed charter and after receipt ofpreclearance, or the usual notice ofno current objections, by the United States Department of Justice of such proposed charter, it shall be the duty ofthe election superintendent ofChattahoochee County to call a special election for approval or rejection ofthe proposed charter. The election superintendent shall set the date of the election for the earliest date therefor permissible under general law after the filing of any proposed charter as provided for in Section 8 ofthis Act. The election superintendent shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official organ of Chattahoochee County. The ballot shall have written or printed thereon the following:
"YES ( ) Shall the charter reorganizing and consolidating the governments of the City of Cusseta and the County of Chattahoochee and creating
NO ( ) a single county-wide government to supersede and replace those governments be approved?"
(b) All persons desiring to vote for approval of the charter shall vote "Yes," and those persons desiring to vote for rejection ofthe charter shall vote "No." The votes cast on such question by the qualified voters of Chattahoochee County residing within the corporate limits of the City of Cusseta and the votes cast on such question by the qualified voters of Chattahoochee County shall be counted separately. If more than one-half of the votes cast by the qualified voters of Chattahoochee County residing within the corporate limits of the City of Cusseta are for approval of the charter and if more than one-half of the total votes cast by the qualified voters residing within both the incorporated and unincorporated areas of Chattahoochee County are for approval of the charter, then the charter shall become effective. Otherwise, it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Cusseta and the County of Chattahoochee. (c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," except to the extent specifically provided otherwise by this Act. (d) A qualified voter, as used in this Act, shall mean a voter of Chattahoochee County qualified to vote for members of the General Assembly of Georgia. The election superintendent shall certify the returns to the Secretary of State. The election superintendent shall also furnish a certified copy of the charter to the

_____________GEORGIA LAWS 2001 SESSION__________4315
Secretary of State. The Secretary of State shall issue his or her proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the secretary or clerk of the governing authority of the City of Cusseta, who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of the County of Chattahoochee, who shall attach the same to the copy of the charter previously certified to him or her. (e) Whenever a charter for the consolidation of the governments of the City of Cusseta and the County of Chattahoochee has been adopted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. The certified copy of the charter and proclamation deposited with the secretary of the governing authority of the City of Cusseta and the certified copy of the charter and proclamation deposited with the clerk of the governing authority ofthe County ofChattahoochee shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter and any copy so certified shall be deemed a duplicate original copy of the charter of the consolidated government for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file with him or her, and copies so certified by him or her shall be deemed duplicate original copies of the charter of the consolidated government for all purposes.
SECTION 11. In the event the proposed single county-wide government charter is approved by voters as provided in Section 10 of this Act, an election shall be held in accordance with the provisions of the charter to elect the members of the governing authority of the county-wide government. Upon the election of the members of the governing authority and their taking office as the governing authority of the county-wide government, the existing governments of the City of Cusseta and the County of Chattahoochee shall stand abolished, all in accordance with the provisions of the charter of the new county-wide government.
SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

4316 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____ RESOLUTION

CONSOLIDATION OF THE CITY OF CUSSETA AND CHATTAHOOCHEE COUNTY

STATE OF GEORGIA CHATTAHOOCHEE COUNTY

WHEREAS, the Chattahoochee County Board of Commissioners desire to vote on the consolidation of the two governments in Chattahoochee County and the City of Cusseta; creating the consolidated government of Cusseta and Chattahoochee County.

WHEREAS, the Chattahoochee County Board of Commissioners asks the Legislative Delegates to introduce at the current session of the Georgia General Assembly a bill creating the Cusseta-Chattahoochee County Charter and Unification Commission.

WHEREAS, mission of the Unification Commission will be to prepare a bill to be voted on by the general population of both parties to approve consolidation of both governments into one.

THEREFORE, BE IT RESOLVED, the Chattahoochee County Board of Commissioners hereby agree to meet in a joint meeting of City and County governments to approve a final Bill establishing the Cusseta-Chattahoochee County Charter and Unification Commission.

INTRODUCED, READ AND ADOPTED by the Board of Commissioners of Chattahoochee County, Georgia at a special meeting held on this the 18th day of January 2001.

Floyd Hudgins s/ Floyd Hudgins, Chairman

Wade Coleman s/ Wade Coleman, Commissioner

ABSENT Roscoe Robinson, Commissioner

ATTEST: Robert Hiss s/ Robert Hiss, County Administrator

_____________GEORGIA LAWS 2001 SESSION__________4317 A RESOLUTION RE: CONSOLIDATION

WHEREAS, the City of Cusseta desires to vote on the consolidation of the two governments in Chattahoochee County and the City of Cusseta; creating the consolidation government of Cusseta and Chattahoochee County.

WHEREAS: We ask the legislative Delegates to introduce at the next session of the General Assembly a bill creating the Consolidated Committee.

The Mission of the Committee will be to prepare a Bill to be voted on by the general population of both parties to approve consolidation of both governments into one.

We ask the County government to approve a like Resolution with any terms or restrictions they desire. We ask that we meet in a joint meeting to discuss and to approve a final Bill of Consolidation of both governments. Time is of the essence. The election of new Commissioners if approved should be at the next General Election.

Roy Spivey s/ Roy Spivey

Date 1-23-01

Kimberly A. Sparks s/ Kim Sparks

Date 1-24-01

James Thornton s/ James Thornton

Date 1-23-01

Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to create and establish the CussetaChattahoochee County Charter and Unification Commission; to provide for the powers and duties of said commission; to provide for the expenses of the commission; to provide that such commission shall be authorized to study all matters relating to the governments of the county of Chattahoochee and the city of Cusseta and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Chattahoochee County; to provide for the submission ofsuch proposed county-wide government charter to the qualified voters for approval or rejection; and for other purposes.

This 25th day of January, 2001.

Ed Harbison Senator, 15th District

GEORGIA, FULTON COUNTY

4318 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Harbison, who on oath deposes and says that he is the Senator from the 15th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger Enquirer which is the official organ of Chattahoochee County on the following date: January 29, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ ED HARBISON Ed Harbison Senator, 15th District
Sworn to and subscribed before me, this 20th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.

____________GEORGIA LAWS 2001 SESSION_________4319
GWINNETT COUNTY - RECORDER'S COURT; JURISDICTION; TRAFFIC OFFENSES.
No. 150 (Senate Bill No. 243).
AN ACT
To amend an Act relating to the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, so as to change provisions relating to the jurisdiction of the court; to provide that the court shall have jurisdiction over moving and nonmoving traffic offenses as defined in general law; 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 relating to the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, is amended by striking Sections 2 and 3 and inserting in their place new sections to read as follows:
'SECTION 2. (a) The recorder's court shall have jurisdiction to hear and determine moving and nonmoving traffic offenses involving violations of Title 40 of the O.C.G.A., as now or hereafter amended, other than felony offenses which shall not be within the jurisdiction of the recorder's court to hear and determine. (b) The recorder's court shall have jurisdiction over cases involving violations of the ordinances of Gwinnett County. (c) The recorder's court shall have other and further jurisdiction as may be set forth in this Act or as may from time to time be granted by law. (d) Jurisdiction of the recorder's court shall extend throughout the territorial limits of Gwinnett County, Georgia.
SECTIONS. The recorder's court shall have jurisdiction to try and punish violations of Title 40 of the O.C.G.A., as provided in Section 2 of this Act, by fines not to exceed those set forth in said Title 40 and the general law of this state or in this Act, and by sentences within the limits stated in general law and this Act. This section shall not be construed to prohibit the adoption by the board of commissioners of Gwinnett County of traffic regulations different from or in addition to those contained in said Title 40 where the board is so authorized by general or local law. All law enforcement officers, including the Georgia State Patrol, Gwinnett County Sheriffs Department, and Gwinnett County Police Department, shall have the right to issue tickets and summons to said court for violations of said traffic laws.'

4320 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 2001 session of the General Assembly of Georgia a bill to amend an Act relating to the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, so as to change provisions relating to the jurisdiction of the court; to provide that the court shall have jurisdiction over moving and nonmoving traffic offenses as defined in general law; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 18th day of February, 2001.
-s- William M. Ray II Senator, 48th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William M. Ray II, who on oath deposes and says that he is the Senator from the 48th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on the following date : February 18,2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local

____________GEORGIA LAWS 2001 SESSION_________4321
school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/WILLIAM M. RAY, II William M. Ray, II Senator, 48th District
Sworn to and subscribed before me, this 23rd day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CLAYTON COUNTY - BOARD OF COMMISSIONERS; COMPENSATION.
No. 151 (Senate Bill No. 260).
AN ACT
To amend an Act creating the board ofcommissioners ofClayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4653), so as to change the provisions relating to the compensation of the chairperson and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4653), is amended by striking subsection (a) of Section 7 of said Act and substituting in lieu thereof a new subsection (a) to read as follows:
'(a) The chairperson ofthe board shall be compensated in an amount equal to the amount of state salary provided by general law for superior court judges, as such amount may be increased by cost-of-living adjustments, to be paid in equal

4322 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
monthly installments from the funds of Clayton County. The chairperson of the board shall also receive an annual expense allowance of $5,000.00 per annum payable out of the funds of the county and shall be entitled to a county automobile while engaged in county business."
SECTION 2. Said Act is further amended by striking subsection (b) of Section 7 of said Act and substituting in lieu thereof a new subsection (b) to read as follows:
'(b) Four members of the board other than the chairperson shall be compensated in an amount equal to 16 percent of the amount of state salary provided by general law for superior court judges, as such amount may be increased by cost-of-living adjustments, to be paid in equal monthly installments. Each of the other members of the board shall also receive an annual expense allowance of $3,000.00 per annum payable in equal monthly installments. These payments shall be made from the funds of Clayton County."
SECTION 3. This Act shall become effective on July 1, 2001.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
STATE OF GEORGIA COUNTY OF CLAYTON
RESOLUTION NO. 2001 -
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY THOUGH ITS CHAIRMAN TO REQUEST THE INCREASE IN COMPENSATION OF ELECTED OFFICIALS OF CLAYTON COUNTY AS ESTABLISHED BY LOCAL LEGISLATION HAVE AN IMPLEMENTATION DATE OF JULY 1, 2001; TO AUTHORIZE THE CLAYTON COUNTY LEGISLATIVE DELEGATION TO SUBMIT SUCH LOCAL LEGISLATION (SALARY BILLS) CONSISTENT WITH THIS RESOLUTION; TO PROVIDE AN EFFECTIVE DATE OF THIS RESOLUTION; AND FOR OTHER PURPOSES.
WHEREAS, the Board of Commissioners being the duly elected Governing Authority of Clayton County has requested through its Chairman that certain local legislation be submitted to the Georgia General Assembly as it relates to the compensation of the County's Elected Officials; and
WHEREAS, it is the intention of the Board of Commissioners that the implementation date of such local salary legislation be July 1, 2001; and
WHEREAS, the Board of Commissioners deems it in the best interest of Clayton County, and the County will best be served by requesting that the Clayton County

____________GEORGIA LAWS 2001 SESSION__________4323
Delegation submit such local salary legislation consistent with this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING AUTHORITY OF CLAYTON COUNTY, GEORGIA THOUGH ITS CHAIRMAN AND IT IS HEREBY RESOLVED
Section 1. The Chairman of the Board of Commissioners having heretofore received authorization from the Board ofCommissioners hereby requests on behalf of the Board that local legislation, submitted to the Georgia General Assembly relating to the compensation of County's Elected Officials, contain an implementation date of July 1, 2001. The local salary legislation to contain such implementation date shall include legislation pertaining to the Clayton County Board of Commissioners; the Clayton County Clerk ofthe State Court; the Clayton County Court Reporters; the Clayton County Probate Court Judge; the Clayton County Clerk of the Superior Court; the Clayton County Tax Commissioner; and the Clayton County Sheriff. This request is made in accordance with provisions of O.C.G.A. Section l-3-4.1(d).
Section 2. This Resolution shall be effective on the date of its approval by the Board of Commissioners.
SO RESOLVED, this the 13 of March, 2001.
CLAYTON COUNTY BOARD OF COMMISSIONERS
s/ C. Crandle Bray C. CRANDLE BRAY, CHAIRMAN
ATTEST:
s/ Margarette A. Swaim MARGARETTE A. SWAIM, CLERK
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 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, particularly by an Act provided April 16, 1999 (Ga. L. 1999, p. 4653; and for other purposes.
This 6th day of February, 2001.
Clayton County Legislative Delegation
GEORGIA, FULTON COUNTY

4324 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who on oath deposes and says that he is the Senator from the 44th District and further deposes and says as follows:
(1) That the attached 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 8, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_____ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
_____ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TERRELL STARR Terrell Starr Senator, 44th District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4325
CLAYTON COUNTY WATER AUTHORITY - SPECIAL MEETINGS.
No. 152 (Senate Bill No. 261).
AN ACT
To amend an Act creating the Clayton County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 3344), as amended, particularly by an Act approved April 4,1963 (Ga. L. 1963, p. 2967), so as to provide guidelines to call special meetings; to expand the method of notice for special meetings; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Clayton County Water Authority, approved March 7,1955 (Ga. L. 1955, p. 3344), as amended, particularly by an Act approved April 4,1963 (Ga. L. 1963, p. 2967), is amended by striking subsection (a) of Section 4 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The said water system is to be constructed, maintained, and operated for and on behalf of said county by a seven-person board to be known as the Clayton County Water Authority. The members of the board shall be appointed by the governing authority of said county. The terms of the members shall be five years. The terms of the members shall be staggered. The staggering of the terms of future members shall be consistent with the staggered terms of those members in office on June 30, 2001. It is not the intent of this section to increase nor decrease the term of any member in office on June 30, 2001. It is the intention of this section to continue the mechanism existing on June 30, 2001, providing staggered terms. All members shall serve until their successors are appointed and qualified. The governing authority of the county shall fill any vacancy which occurs on the authority for the unexpired term. The members shall elect a chairperson, vice chairperson, and secretary who shall serve for such periods as shall be fixed by the authority. The authority shall make a report of its actions to the grand jury for the November term of the superior court of said county. A majority of the members shall constitute a quorum for the transaction of business. A regular meeting shall be held once each month on a day to be set by the authority. Either the chairperson or a majority of the other members of the authority shall have the right to call a special meeting. Each member of the authority shall be given at least 24 hours' notice of each special meeting. Such notice shall be delivered in person, by telephone, by fax, or by written notice delivered to such member's regular place of abode. The authority shall employ an attorney and provide for his or her compensation and shall employ such other employees as the authority shall deem proper for the transaction of business and provide the compensation therefor. All such compensation shall be payable out of the earnings of said authority. No member of the present Clayton County Water Authority shall be eligible to hold an elective public office of the state,

4326 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
county, or a municipality unless first resigning as a member of the authority. No person shall be eligible for future appointment to the Clayton County Water Authority who is serving in an elective public office of the state, county, or a municipality. The authority shall succeed to and be vested with all the powers, duties, and authority of the authority presently existing and it shall be a continuation of the presently existing authority.'
SECTION 2. Said Act is further amended by striking in its entirety Section 4A.
SECTION 3. This Act shall become effective on July 1, 2001.
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 2001 Session of the General Assembly of Georgia a bill to amend an Act creating the Clayton County Water Authority, approved March 7, 1995 (Ga. L. 1955, p. 3344), as amended, particularly by an Act approved April 4, 1963 (Ga. L. p. 2967); and for other purposes.
This 13th day of February, 2001.
Clayton County Legislative Delegation
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who on oath deposes and says that he is the Senator from the 44th District and further deposes and says as follows:
(1) That the attached 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 16, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_____ A copy ofthe notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

____________GEORGIA LAWS 2001 SESSION__________4327
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TERRELL STARR Terrell Starr Senator, 44th District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CLAYTON COUNTY - STATE COURT; CLERK; COMPENSATION.
No. 153 (Senate Bill No. 262).
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 May 1, 2000 (Ga. L. 2000, p. 4576), so as to provide for an increase in the compensation of the clerk 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:

4328 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. An Act creating the State Court ofClayton County, approved January 28,1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved May 1,2000 (Ga. L. 2000, p. 4576), is amended by striking Section 8 and inserting in its place the following:
'SECTION 8. (a) There is created the office ofclerk ofthe State Court ofClayton County. The clerk shall be appointed by the judges of the State Court of Clayton County for a four-year term of office but may be removed at any time by the unanimous vote of the judges of the state court. The initial term of office of the clerk shall begin on July 1, 1999.
(b)(l) The clerk of the state court shall be compensated in the amount of $51,938.46 or in an amount not less than 95 percent of the base amount of the minimum salary of a clerk of the superior court of a county with the population of Clayton County as provided in subsection (a) of Code Section 15-6-88 without regard to cost-of-living or longevity increases, whichever is greater. The base salary of the clerk shall be increased at the same time and by the same percentage as the minimum salary provided by general law for the sheriff of Clayton County is increased by operation of paragraph (2) of subsection (a) of O.C.G.A. Section 15-16-20. The board of commissioners is authorized to supplement such compensation in such amount as shall be fixed by the board of commissioners. (2) The clerk of the state court shall be entitled to Clayton County retirement, insurance, annual leave, sick leave, and all other benefits afforded to Clayton County employees under the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as now or hereafter amended, except as to compensation, employment, and discharge. (c) Before entering upon the duties of office, the clerk shall take and subscribe an oath before the judge of the Probate Court of Clayton County to faithfully and impartially discharge the duties thereof, which oath shall be filed in the office of the clerk of the State Court of Clayton County. Such clerk, or any deputy clerk thereof, shall have authority to sign and issue all summons and to file all papers, actions, processes, executions, garnishment proceedings, statutory awards, proceedings against tenants holding over, trover and bail, distress warrants and issues thereon, foreclosures of all liens on personal property, and other like proceedings and processes, and to make all necessary records and entries on the docket, and to perform such duties as may be required by the judges of said court, including the power to administer oaths and take affidavits and counter affidavits to any proceedings from said court. The clerk of the state court shall be an ex officio deputy sheriff.'
SECTION 2. This Act shall become effective on July 1, 2001.

____________GEORGIA LAWS 2001 SESSION_________4329
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
STATE OF GEORGIA COUNTY OF CLAYTON
RESOLUTION NO. 2001 -
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY THOUGH ITS CHAIRMAN TO REQUEST THE INCREASE IN COMPENSATION OF ELECTED OFFICIALS OF CLAYTON COUNTY AS ESTABLISHED BY LOCAL LEGISLATION HAVE AN IMPLEMENTATION DATE OF July 1, 2001; TO AUTHORIZE THE CLAYTON COUNTY LEGISLATIVE DELEGATION TO SUBMIT SUCH LOCAL LEGISLATION (SALARY BILLS) CONSISTENT WITH THIS RESOLUTION; TO PROVIDE AN EFFECTIVE DATE OF THIS RESOLUTION; AND FOR OTHER PURPOSES.
WHEREAS, the Board of Commissioners being the duly elected Governing Authority of Clayton County has requested through its Chairman that certain local legislation be submitted to the Georgia General Assembly as it relates to the compensation of the County's Elected Officials; and
WHEREAS, it is the intention of the Board of Commissioners that the implementation date of such local salary legislation be July 1, 2001; and
WHEREAS, the Board ofCommissioners deems it in the best interest ofClayton County, and the County will best be served by requesting that the Clayton County Delegation submit such local salary legislation consistent with this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING AUTHORITY OF CLAYTON COUNTY, GEORGIA THOUGH ITS
CHAIRMAN AND IT IS HEREBY RESOLVED
Section 1. The Chairman of the Board of Commissioners having heretofore received authorization from the Board of Commissioners hereby requests on behalf of the Board that local legislation, submitted to the Georgia General Assembly relating to the compensation of County's Elected Officials, contain an implementation date of July 1, 2001. The local salary legislation to contain such implementation date shall include legislation pertaining to the Clayton County Board ofCommissioners; the Clayton County Clerk ofthe State Court; the Clayton County Court Reporters; the Clayton County Probate Court Judge; the Clayton County Clerk of the Superior Court; the Clayton County Tax Commissioner; and the Clayton County Sheriff. This request is made in accordance with provisions of O.C.G.A. Section 1-3-4.1 (d).

4330 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Resolution shall be effective on the date of its approval by the Board of Commissioners.
SO RESOLVED, this the 13 of March, 2001.
CLAYTON COUNTY BOARD OF COMMISSIONERS
C. Crandle Bray s/ C. CRANDLE BRAY, CHAIRMAN
ATTEST: Margarette A. Swaim s/ MARGARETTE A. SWAIM, CLERK
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 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, 2001.
Clayton County Legislative Delegation
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who on oath deposes and says that he is the Senator from the 44th District and further deposes and says as follows:
(1) That the attached 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 16, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated

_____________GEORGIA LAWS 2001 SESSION__________4331
government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TERRELL STARR Terrell Starr Senator, 44th District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CLAYTON COUNTY - PROBATE COURT; JUDGE; COMPENSATION.
No. 154 (Senate Bill No. 265).
AN ACT
To amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4661), so as to change the compensation of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4332 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 1. An Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7,1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4661), is amended by striking Section 1 thereof and inserting in its place a new section to read as follows:
'SECTION 1. The salary provided in this section for the judge of the probate court shall be his or her full and complete compensation; and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, for which said judge is entitled heretofore and which he or she earns or receives by reason of being the probate judge whether under color of the office of probate judge or not shall henceforth be county funds and accountable as such in the same manner as other county funds received by said judge of the probate court. The judge of the probate court shall receive an annual salary equal to 90 percent of the amount of state salary provided by general law for superior court judges, as such amount may be increased by cost-of-living adjustments, to be paid in equal monthly installments from the funds of Clayton County. In addition, said judge shall receive a salary supplement of $7,500.00 per annum payable in equal monthly installments from county funds for service as election superintendent as provided for in Code Section 15-9-64 of the O.C.G.A. In addition, said judge shall also receive those fees authorized to be retained under Code Section 15-9-68, regarding vital records fees, as limited by any resolution of the governing authority of Clayton County pursuant to Code Section 15-9-68."
SECTION 2. This Act shall become effective on July i, 2001.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
STATE OF GEORGIA COUNTY OF CLAYTON
RESOLUTION NO. 2001 - ___
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY THOUGH ITS CHAIRMAN TO REQUEST THE INCREASE IN COMPENSATION OF ELECTED OFFICIALS OF CLAYTON COUNTY AS ESTABLISHED BY LOCAL LEGISLATION HAVE AN IMPLEMENTATION DATE OF JULY 1, 2001; TO AUTHORIZE THE CLAYTON COUNTY LEGISLATIVE DELEGATION TO SUBMIT SUCH LOCAL LEGISLATION (SALARY BILLS) CONSISTENT WITH THIS RESOLUTION; TO PROVIDE AN EFFECTIVE DATE OF THIS RESOLUTION; AND FOR OTHER PURPOSES.

_____________GEORGIA LAWS 2001 SESSION__________4333
WHEREAS, the Board of Commissioners being the duly elected Governing Authority of Clayton County has requested through its Chairman that certain local legislation be submitted to the Georgia General Assembly as it relates to the compensation of the County's Elected Officials; and
WHEREAS, it is the intention of the Board of Commissioners that the implementation date of such local salary legislation be July 1, 2001; and
WHEREAS, the Board of Commissioners deems it in the best interest of Clayton County, and the County will best be served by requesting that the Clayton County Delegation submit such local salary legislation consistent with this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING AUTHORITY OF CLAYTON COUNTY, GEORGIA THOUGH
ITS CHAIRMAN AND IT IS HEREBY RESOLVED
Section 1. The Chairman of the Board of Commissioners having heretofore received authorization from the Board of Commissioners hereby requests on behalf of the Board that local legislation, submitted to the Georgia General Assembly relating to the compensation of County's Elected Officials, contain an implementation date of July 1, 2001. The local salary legislation to contain such implementation date shall include legislation pertaining to the Clayton County Board of Commissioners; the Clayton County Clerk of the State Court; the Clayton County Court Reporters; the Clayton County Probate Court Judge; the Clayton County Clerk of the Superior Court; the Clayton County Tax Commissioner; and the Clayton County Sheriff. This request is made in accordance with provisions of O.C.G.A. Section 1-3-4. l(d).
Section 2. This Resolution shall be effective on the date of its approval by the Board of Commissioners.
SO RESOLVED, this the 13 of March, 2001.
CLAYTON COUNTY BOARD OF COMMISSIONERS
C. Crandle Bray s/ C. CRANDLE BRAY, CHAIRMAN
ATTEST:
Margarette A. Swaim s/ MARGARETTE A. SWAIM, CLERK

4334 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 2001 Session of the General Assembly of Georgia a bill to amend an Act entitled 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 provided April 16, 1999 (Ga. L. 1999, p. 4661; and for other purposes.
This 6th day of February, 2001.
Clayton County Legislative Delegation
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who on oath deposes and says that he is the Senator from the 44th District and further deposes and says as follows:
(1) That the attached 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 8, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_____ The notice requirement of subsection (b) of Code Section 28-1 -14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

____________GEORGIA LAWS 2001 SESSION_________ 4335
s/ TERRELL STARR Terrell Starr Senator, 44th District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CLAYTON COUNTY - SUPERIOR COURT; CLERK; COMPENSATION.
No. 155 (Senate Bill No. 266).
AN ACT
To amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 16,1999(Ga. L. 1999, p. 4668), so as to increase the salary ofthe clerk ofthe Superior Court of Clayton County; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 16,1999 (Ga. L. 1999, p. 4668), is amended by striking in its entirety paragraph (1) of subsection (c) of Section 1 and inserting in lieu thereof the following:
"(1) The clerk of the Superior Court of Clayton County shall receive a total annual salary of $70,487.33 including any supplements and additional compensation for services in other courts which are paid pursuant to state law or county ordinance, which are being received on March 15, 2001, and which are paid from the funds of Clayton County. This shall not prohibit the governing authority of Clayton County from increasing the amount of any supplement or compensation for additional duties which the governing authority may lawfully pay to the clerk on or after July 1, 2001."

4336 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. This Act shall become effective on July 1, 2001.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
STATE OF GEORGIA COUNTY OF CLAYTON
RESOLUTION NO. 2001 -
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY THOUGH ITS CHAIRMAN TO REQUEST THE INCREASE IN COMPENSATION OF ELECTED OFFICIALS OF CLAYTON COUNTY AS ESTABLISHED BY LOCAL LEGISLATION HAVE AN IMPLEMENTATION DATE OF JULY 1, 2001; TO AUTHORIZE THE CLAYTON COUNTY LEGISLATIVE DELEGATION TO SUBMIT SUCH LOCAL LEGISLATION (SALARY BILLS) CONSISTENT WITH THIS RESOLUTION; TO PROVIDE AN EFFECTIVE DATE OF THIS RESOLUTION; AND FOR OTHER PURPOSES.
WHEREAS, the Board of Commissioners being the duly elected Governing Authority of Clayton County has requested through its Chairman that certain local legislation be submitted to the Georgia General Assembly as it relates to the compensation of the County's Elected Officials; and
WHEREAS, it is the intention of the Board of Commissioners that the implementation date of such local salary legislation be July 1, 2001; and
WHEREAS, the Board of Commissioners deems it in the best interest of Clayton County, and the County will best be served by requesting that the Clayton County Delegation submit such local salary legislation consistent with this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING AUTHORITY OF CLAYTON COUNTY, GEORGIA THOUGH
ITS CHAIRMAN AND IT IS HEREBY RESOLVED
Section 1. The Chairman of the Board of Commissioners having heretofore received authorization from the Board ofCommissioners hereby requests on behalf of the board that local legislation, submitted to the Georgia General Assembly relating to the compensation of County's Elected Officials, contain an implementation date of July 1, 2001. The local salary legislation to contain such implementation date shall include legislation pertaining to the Clayton County Board ofCommissioners; the Clayton County Clerk ofthe State Court; the Clayton County Court Reporters; the Clayton County Probate Court Judge; the Clayton County Clerk of the Superior Court; the Clayton County Tax Commissioner; and the Clayton County Sheriff. This request is made in accordance with provisions of

_____________GEORGIA LAWS 2001 SESSION__________4337
O.C.G.A. Section l-3-4.1(d).
Section 2. This Resolution shall be effective on the date of its approval by the Board of Commissioners.
SO RESOLVED, this the 13 of March, 2001.
CLAYTON COUNTY BOARD OF COMMISSIONERS
C. Crandle Bray C. CRANDLE BRAY, CHAIRMAN
ATTEST:
Margarette A. Swaim MARGARETTE A. SWAIM, CLERK
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 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, particularly by an Act provided April 16, 1999 (Ga. L. 1999, p. 4668; and for other purposes.
This 6th day of February, 2001.
Clayton County Legislative Delegation
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who on oath deposes and says that he is the Senator from the 44th District and further deposes and says as follows:
(1) That the attached 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 8, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

4338 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
_____ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy ofsuch resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TERRELL STARR Terrell Starr Senator, 44th District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CLAYTON COUNTY - TAX COMMISSIONER; COMPENSATION.
No. 156 (Senate Bill No. 267).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4659), so as to change the provisions relating to the salary of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.

_____________GEORGIA LAWS 2001 SESSION__________4339
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act consolidating the offices oftax receiver and tax collector ofClayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4659), is amended by striking paragraph (1) of subsection (b) of Section 7 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) The tax commissioner of Clayton County shall receive an annual salary of $78,561.38 including any supplements and additional compensation for any additional services or duties which are paid pursuant to any state law or county ordinance, which are being received on March 15, 2001, and which are paid from the funds of Clayton County. This shall not prohibit the governing authority of Clayton County from increasing the amount of any supplement or compensation for additional duties which the governing authority may lawfully pay to the tax commissioner on or after July 1, 2001 .*
SECTION 2. This Act shall become effective on July 1, 2001.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
STATE OF GEORGIA COUNTY OF CLAYTON
RESOLUTION NO. 2001 -
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY THOUGH ITS CHAIRMAN TO REQUEST THE INCREASE IN COMPENSATION OF ELECTED OFFICIALS OF CLAYTON COUNTY AS ESTABLISHED BY LOCAL LEGISLATION HAVE AN IMPLEMENTATION DATE OF JULY 1, 2001; TO AUTHORIZE THE CLAYTON COUNTY LEGISLATIVE DELEGATION TO SUBMIT SUCH LOCAL LEGISLATION (SALARY BILLS) CONSISTENT WITH THIS RESOLUTION; TO PROVIDE AN EFFECTIVE DATE OF THIS RESOLUTION; AND FOR OTHER PURPOSES.
WHEREAS, the Board of Commissioners being the duly elected Governing Authority of Clayton County has requested through its Chairman that certain local legislation be submitted to the Georgia General Assembly as it relates to the compensation of the County's Elected Officials; and
WHEREAS, it is the intention of the Board of Commissioners that the implementation date of such local salary legislation be July 1, 2001; and

4340 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
WHEREAS, the Board of Commissioners deems it in the best interest of Clayton County, and the County will best be served by requesting that the Clayton County Delegation submit such local salary legislation consistent with this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING AUTHORITY OF CLAYTON COUNTY, GEORGIA THOUGH
ITS CHAIRMAN AND IT IS HEREBY RESOLVED
Section 1. The Chairman of the Board of Commissioners having heretofore received authorization from the Board of Commissioners hereby requests on behalf of the Board that local legislation, submitted to the Georgia General Assembly relating to the compensation of County's Elected Officials, contain an implementation date of July 1, 2001. The local salary legislation to contain such implementation date shall include legislation pertaining to the Clayton County Board of Commissioners; the Clayton County Clerk of the State Court; the Clayton County Court Reporters; the Clayton County Probate Court Judge; the Clayton County Clerk of the Superior Court; the Clayton County Tax Commissioner; and the Clayton County Sheriff. This request is made in accordance with provisions of O.C.G.A. Section l-3-4.1(d).
Section 2. This Resolution shall be effective on the date of its approval by the Board of Commissioners.
SO RESOLVED, this the 13 of March, 2001.
CLAYTON COUNTY BOARD OF COMMISSIONERS
C. Crandle Bray C. CRANDLE BRAY, CHAIRMAN
ATTEST:
Margarette A. Swaim MARGARETTE A. SWAIM, CLERK
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 Session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act provided April 16, 1999 (Ga. L. 1999, p. 4659; and for other purposes.
This 6th day of February, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4341
Clayton County Legislative Delegation
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who on oath deposes and says that he is the Senator from the 44th District and further deposes and says as follows:
(1) That the attached 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 8, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1 -14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TERRELL STARR Terrell Starr Senator, 44th District
Sworn to and subscribed before me, this 26th day of February, 2001.

4342 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CLAYTON COUNTY - SHERIFF; COMPENSATION.
No. 157 (Senate Bill No. 268).
AN ACT
To amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 16,1999 (Ga. L. 1999, p. 4651), so as to change the provisions relating to the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 16,1999 (Ga. L. 1999, p. 4651), is amended by striking subsection (b) of Section 1 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) The sheriff of Clayton County shall receive a total annual salary of $86,007.54 including any supplements and additional compensation for services which are paid pursuant to state law or county ordinance, which are being received on March 15, 2001, and which are paid from the funds of Clayton County. This shall not prohibit the governing authority of Clayton County from increasing the amount of any supplement or compensation for additional duties which the governing authority may lawfully pay to the sheriff on or after July 1, 2001."
SECTION 2. This Act shall become effective on July 1, 2001.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

_____________GEORGIA LAWS 2001 SESSION__________4343
STATE OF GEORGIA COUNTY OF CLAYTON
RESOLUTION NO. 2001 -
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY THOUGH ITS CHAIRMAN TO REQUEST THE INCREASE IN COMPENSATION OF ELECTED OFFICIALS OF CLAYTON COUNTY AS ESTABLISHED BY LOCAL LEGISLATION HAVE AN IMPLEMENTATION DATE OF JULY 1, 2001; TO AUTHORIZE THE CLAYTON COUNTY LEGISLATIVE DELEGATION TO SUBMIT SUCH LOCAL LEGISLATION (SALARY BILLS) CONSISTENT WITH THIS RESOLUTION; TO PROVIDE AN EFFECTIVE DATE OF THIS RESOLUTION; AND FOR OTHER PURPOSES.
WHEREAS, the Board of Commissioners being the duly elected Governing Authority of Clayton County has requested through its Chairman that certain local legislation be submitted to the Georgia General Assembly as it relates to the compensation of the County's Elected Officials; and
WHEREAS, it is the intention of the Board of Commissioners that the implementation date of such local salary legislation be July 1, 2001; and
WHEREAS, the Board of Commissioners deems it in the best interest of Clayton County, and the County will best be served by requesting that the Clayton County Delegation submit such local salary legislation consistent with this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING AUTHORITY OF CLAYTON COUNTY, GEORGIA THOUGH
ITS CHAIRMAN AND IT IS HEREBY RESOLVED
Section 1. The Chairman of the Board of Commissioners having heretofore received authorization from the Board ofCommissioners hereby requests on behalf of the Board that local legislation, submitted to the Georgia General Assembly relating to the compensation of County's Elected Officials, contain an implementation date of July 1, 2001. The local salary legislation to contain such implementation date shall include legislation pertaining to the Clayton County Board ofCommissioners; the Clayton County Clerk ofthe State Court; the Clayton County Court Reporters; the Clayton County Probate Court Judge; the Clayton County Clerk of the Superior Court; the Clayton County Tax Commissioner; and the Clayton County Sheriff. This request is made in accordance with provisions of O.C.G.A. Section l-3-4.1(d).
Section 2. This Resolution shall be effective on the date of its approval by the Board of Commissioners.

4344 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SO RESOLVED, this the 13 of March, 2001.
CLAYTON COUNTY BOARD OF COMMISSIONERS
C. Crandle Bray s/ C. CRANDLE BRAY, CHAIRMAN
ATTEST: Margarette A. Swaim s/ MARGARETTE A. SWAIM, CLERK
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 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, particularly by an Act provided April 16, 1999 (Ga. L. 1999, p. 4668; and for other purposes.
This 6th day of February, 2001.
Clayton County Legislative Delegation
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who on oath deposes and says that he is the Senator from the 44th District and further deposes and says as follows:
(1) That the attached 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 8, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

_____________GEORGIA LAWS 2001 SESSION__________4345
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TERRELL STARR Terrell Starr Senator, 44th District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CLINCH COUNTY - BOARD OF COMMISSIONERS; ELECTIONS; TERMS; CHAIRPERSON; VACANCIES.
No. 158 (Senate Bill No. 289).
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, so as to change the manner of electing the chairperson and other members of the board of commissioners; to provide for terms of office; to provide that the members of the board elected from commissioner districts shall be elected by a majority vote of the electors voting within their respective commissioner districts; to provide that the chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office; to change the provisions relating to vacancies in the membership of the board of commissioners; to provide for the duties and responsibilities of the chairperson; to provide for related matters; to require submission of this Act to the United States Attorney General for certain approval; 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 creating a board of commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), 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. Beginning with the general election of 2004 and the taking of office on January 1, 2005, by members elected at such election, the board of commissioners shall be composed of a chairperson elected county wide and five commissioners elected from districts.'
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 members of the board of commissioners of Clinch County elected at the 2000 general election and members appointed or elected to fill vacancies on such board prior to December 31, 2004, shall serve for terms of office which expire December 31,2004. (b) Beginning with the general election in 2004, one member of the board of commissioners shall be elected from each of the five commissioner districts provided for in Section 2 of this Act and one member shall be elected county wide who shall be the chairperson of the board of commissioners. At the general election in 2004, and quadrennially thereafter, there shall be elected one member from Commissioner District No. 2, Commissioner District No. 3, and Commissioner District No. 5, and the chairperson elected county wide. At the general election in 2004 there shall be elected one member from Commissioner District No. 1 and Commissioner District No. 4 who shall serve an initial term of office of two years, expiring December 31, 2006. At the general election in 2006, and quadrennially thereafter, successors to the initial members from Commissioner District No. 1 and Commissioner District No. 4 shall be elected. Members elected pursuant to this subsection and their successors shall take office on the first day of January following their election for terms of office as specified in this subsection and until their successors are elected and qualified. (c) The commissioners shall be residents of the commissioner districts which they seek to represent at the time of qualifying for office and shall be required to remain residents of districts from which they were elected during their terms of office. The chairperson shall be a resident of the county. The members of the board elected from commissioner districts shall be elected by a majority vote of the electors voting within their respective commissioner districts. The chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office. Positions on the board shall be chairperson and commissioners from Commissioner Districts 1 through 5, and all candidates

____________GEORGIA LAWS 2001 SESSION_________ 4347
for membership on the board shall designate the position for which they are offering. 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 3. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
'SECTION 6. (a) In the event of a vacancy occurring in the membership of the board on or after January 1, 2005, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in this section. (b) In the event a vacancy occurs on the board of commissioners when at least 180 days remain in the unexpired term of office, the election superintendent of Clinch County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill the vacancy for the remainder of the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the results of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder of the unexpired term following the special election provided for in this subsection. (c) In the event a vacancy occurs on the board of commissioners when less than 180 days remain in the unexpired term of office, the remaining members of the board ofcommissioners shall appoint a qualified person to fill the vacancy for the remainder of the unexpired term. Any person appointed by the board to fill a vacancy as provided in this subsection shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder ofthe unexpired term following his or her appointment as provided for in this subsection. (d) A vice chairperson serving as chairperson shall not be authorized to vote as a member of the board of commissioners during such service unless the vice chairperson's vote would affect the outcome of any vote or issue before the board."

4348 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
'SECTION 8. (a) The chairperson of the board of commissioners shall have the following duties and responsibilities:
(1) To act as the chief executive officer of the county; (2) To act as presiding officer at all meetings of the board, including the duty of preserving order and decorum at such meetings; (3) To state every question coming before the board and to announce the decision of the board on all subjects and to decide all questions of order, subject, however, to an appeal of the board, in which event a majority vote of the board shall govern and conclusively determine such question; (4) To exercise the right to vote only to break a tie vote; provided, however, that the chairperson will be counted in determining whether a quorum is present; (5) To execute all ordinances, resolutions, and contracts in behalf of the county; (6) To execute all evidences of indebtedness incurred by the county; (7) To act as ceremonial head of the county government; and (8) To exercise other duties that may be delegated to the chairperson by the board of commissioners. (b) The members of the board shall elect from among their membership a vice chairperson. In the event of the chairperson's illness, incapacity, absence, or failure to act, the duties of the chairperson may be exercised by the vice chairperson. (c) The chairperson of the board shall give bond in the sum of $2,000.00 for the faithful performance of his or her duties and for the protection of all county funds, said bond to be approved by the judge of the probate court and recorded in that office.'
SECTION 5. Pursuant to Section 5 of the Federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Clinch County Board of Commissioners to submit this Act to the United States Attorney General for approval.
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.

_____________GEORGIA LAWS 2001 SESSION__________4349
RESOLUTION OF THE CLINCH COUNTY BOARD OF COMMISSIONERS
WHEREAS, the current local law which prescribes the method and manner of election of the Chairman of the Clinch County Board of Commissioners requires the Chairman to be a Commissioner and voted on at large county wide, and;
WHEREAS, under the current law, a candidate for Chairman can receive the majority of votes county wide but lose in his or her district thus allowing a specific geographical area to determine the Chairmanship, and;
WHEREAS, the Clinch County Board of Commissioners believes it is in the best interest of Clinch County that the Chairman be elected by the majority of the electors of Clinch County;
WHEREAS, the Clinch County Board of Commissioners believes that the terms of the Commissioners should be staggered so that all Commissioners are not up for election at the same time;
NOW, BE IT THEREFORE RESOLVED THAT:
Our Senator and Representative introduce local legislation changing the method of election of the Chairman of the Clinch County Board of Commissioners:
Such local legislation provide for the election of the Chairman of the Clinch County Board of Commissioners by the electors of Clinch County;
The Chairman not be a Commissioner from any district;
The number of Commissioners remain at five and the districts remain the same;
The Chairman shall preside over meetings and shall vote in case of a tie or if the Chairman is needed to make a quorum;
The chairman serve a 4 year term;
The new legislation regarding the Chairman be in effect for the next Chairman election;
The Commissioner seat elections coincide with the elections for the members of the Clinch County Board of Education effective for the term beginning in the year 2004;
The County Attorney submit any legislation to the Justice Department for clearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

4350 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 6th day of November, 2000.
CLINCH COUNTY BOARD OF COMMISSIONERS
s/ John W. Strickland s/ Barry Hart s/ Nancy Knight Strickland s/ Mark Steedley s/ U. McKnight
ATTEST: s/ Sherrie L. Peterson Clerk, Clinch County Board of Commissioners (SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend and Act creating a board of commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended; and for other purposes.
This 5th day of February, 2001.
Peg Blitch Senator, 7th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Peg Blitch, who on oath deposes and says that she is the Senator from the 7th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Clinch County News which is the official organ of Clinch County on the following date: February 21,2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

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X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ PEG BLITCH Peg Blitch Senator, 7th District
Sworn to and subscribed before me, this 1st day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CITY OF DECATUR - NEW CHARTER.
No. 159 (Senate Bill No. 304).
AN ACT
To provide a new Charter for the City of Decatur, Georgia; to provide for incorporation, boundaries and powers of the city; to provide for a governing authority of the city and the powers, duties, election, terms, method of filling vacancies and compensation of the members of such governing authority; to provide for investigations; to provide for organization and procedures; to provide for ordinances, rules and regulations; to provide for penalties; to provide for the office of mayor and powers and duties of the mayor; to provide for administrative

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responsibilities; to provide for boards, commissions and authorities; to provide for a city manager and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for taxation, fees and charges; to provide for books and accounts; to provide for the Board of Education of the City of Decatur; 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:
ARTICLE I INCORPORATION; BOUNDARIES
SECTION 1.10. Incorporation.
The City of Decatur, in DeKalb County, Georgia, originally incorporated as the "Town of Decatur" on December 10, 1823 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 Decatur." References in this charter to "the city" or "this city" refer to the City of Decatur, Georgia. The city shall have perpetual existence.
SECTION 1.11. Corporate boundaries.
The boundaries of this city shall be those existing on the effective date of this charter, with such alterations as may be made by local act or in any other manner provided by general state law. The boundaries of this city shall be shown at all times on a map, a written description or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be, as the "Official (Map and/or Description) of the Corporate Limits of the City of Decatur, 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.
ARTICLE II MUNICIPAL POWERS
SECTION 2.10. Generally.
(a) The city shall have all rights, powers, privileges, titles, property, easements and hereditaments, within or without its corporate limits, existing on the effective date of this charter and belonging to or in any way pertaining to the city, or possible for a city to have under the present or future Constitution and laws of this state, as fully and completely as though they were specifically enumerated in this charter. The city may in its corporate name sue and be sued, contract and be contracted with,

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plead and be impleaded, and have and use a common seal. The city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The city commission may define, regulate and prohibit any act, practice, conduct or use of property that is detrimental to the inhabitants of the city and may provide for the enforcement of such standards. (c) The city commission may adopt and enforce any and all ordinances, resolutions, bylaws, rules, regulations and restrictions, consistent with state law, that it may consider advisable and necessary:
(1) For the government of the city commission and the transaction of its business, and the regulation of the administrative and judicial services of the city; (2) For the health, sanitation, cleanliness, prosperity, comfort, safety, security, good order, welfare or proper government of the city and the inhabitants thereof; (3) To foster and promote virtue and good morals in the city; (4) To suppress disorderly conduct; and (5) To carry out and execute the powers granted to the city and to the city commission under this charter. (d) The city commission may enforce such ordinances by such penalties as are authorized by law and may do any and all other acts and exercise all other powers conferred upon it by this charter, or that may be done or exercised under the laws of this state conferring powers on municipal corporations.
SECTION2.il. Property.
(a) The city may purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity or for any term of years any property, estate or estates, real or personal, lands, tenements and hereditaments of whatsoever kind inside or outside the corporate limits of the city. (b) The government, control, management and protection ofthe real property ofthe city, as it exists on the effective date of this charter or as it may be enlarged or extended by purchase, gift or otherwise, and the disposition of any portions thereof, are continued and vested exclusively in the city commission.
SECTION 2.12. Rights and liabilities.
The city, as incorporated in this charter, shall succeed to all the rights of and is hereby expressly made responsible, as a body corporate, for the legal debts, liabilities, contracts and undertakings ofthe City ofDecatur and its governing body, as a body corporate, as incorporated in acts enacted before the effective date of this charter. This charter shall not impair the effect of any valid subsisting contract, in existence on the effective date of this charter, between the City of Decatur as heretofore incorporated and any person, firm, company or corporation, and the city,

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as incorporated in this charter, shall enjoy all the rights of the City of Decatur, as heretofore incorporated, under and by virtue of any such contract, and shall assume the obligations undertaken in any such contract.
SECTION 2.13. Public improvements; assessment of costs.
(a) The city commission shall have the power to: (1) Provide for the acquisition, construction, building, operation and maintenance of streets, alleys, sidewalks and other public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, squares, libraries, public housing, airports, hospitals, terminals, docks, parking facilities or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; (2) Provide any other public improvements inside or outside the corporate limits of the city; (3) Regulate the use of public improvements; and (4) Acquire property by condemnation, in the manner prescribed in Title 22 of the O.C.G.A., as amended, or such other applicable laws as have been or may be enacted, for the purposes described in paragraphs (1) through (3) of this subsection or for the purposes of widening, straightening and grading streets, alleys or sidewalks, or in any way changing street lines or sidewalks. When the city commission desires to exercise the power and authority as to condemnation granted in this subsection, it may be done, whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent. The city commission may abandon or discontinue such proceedings at any time upon payment of accrued costs.
(b) The city commission shall have full power and authority to remove, or cause to be removed, any buildings, steps, fences, trees, gates, posts or other obstructions or nuisances in the streets, alleys, lanes, sidewalks or other public places in the city, and to enforce the provisions of this section by appropriate ordinance. (c) The city commission may levy and provide for the collection of special assessments to cover the costs of grading, regrading, paving, repaying, macadamizing and remacadamizing of streets, alleys, sidewalks or other public places or ways, and the construction, reconstruction and altering of curbing, guttering, storm sewers, turnouts, water mains, and water, gas or sewer connections therein, and to cover the costs of any other public improvements.
SECTION 2.14. Public utilities; extensions; costs.
The city may acquire, lease, construct, operate, maintain, sell and dispose ofpublic utilities, including, but not limited to, gas works, electric plants, transportation facilities, public airports and any other public utility; and may fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties therefore; and may provide

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for the withdrawal of service for refusal or failure to pay therefore; and may make or authorize extensions of electrical distribution systems and other utility systems, and all necessary appurtenances by which such utilities are distributed, inside and outside the corporate limits of the city; and may provide utility services to persons, firms and corporations inside and outside the corporate limits ofthe city as provided by ordinance.
SECTION 2.15. Use of streets, sidewalks, and public grounds.
The city commission may provide for and regulate the curbs and gutters that empty into the sidewalks or streets of the city; may regulate or prohibit (except as such power may be restricted by general law) the use ofthe streets, alleys, sidewalks and public grounds for signs, signposts, awnings, telegraph or telephone poles, wires for telegraph, telephone or electric lighting or power purposes, electric light or power poles and for posting bills and advertising matter; may regulate or prohibit the carrying of handbills, banners or placards on the streets, sidewalks or other public places of the city, and the gathering or holding of public meetings for any purpose therein or thereon. The city commission may compel any telegraph, telephone or electric light or power company, having previously erected poles and wires in the city, to remove such poles and wires to any location designated by the city commission. If the company fails to remove any poles and wires within ten days after written notification by the city, the city may remove such poles and wires at the expense of such company and may collect such expenses by execution. The city commission may require that only pedestrians use public sidewalks. The city commission may regulate the use ofwhistles and other signals by stationary engines and factories.
SECTION 2.16. Nuisances.
The city commission may declare what shall be deemed a nuisance in the city and may provide for the abatement of nuisances.
SECTION 2.17. Disorderly conduct and other disturbances.
The city commission, by ordinance, may protect all places of divine worship and all schools and colleges within the city and may prohibit loitering or idling in or about such schools and colleges or the grounds thereof or any conduct tending to disturb the classes, services or duties being carried on or performed therein or the occupants of such institutions or the grounds thereof. The city commission, by ordinance and within the confines ofthe United States Constitution and the Georgia Code, may prohibit disorderly conduct and breaches of the peace and may restrict gatherings on the streets, sidewalks, alleys, other public places, buildings or vacant property, or in or about or near any residence in the city.

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SECTION 2.18. Fire prevention.
The city commission may enact any and all ordinances, rules and regulations necessary to lay out a fire district in the city and may enlarge, change or modify such fire district; may prescribe how and of what materials buildings within the fire district may be erected, how thick the walls shall be; the manner in which chimneys, flues and stovepipes shall be constructed; and may make such reasonable rules, regulations and requirements as it may deem necessary to so far as possible protect the city from danger from fire; and may prevent conflagrations. The city commission may also order changes in the construction or arrangements of chimneys, stovepipes or flues, or the removal thereof when, in the judgment of the city commission, they are dangerous or likely to be so, or to compel the owner or occupant to make the changes or alterations ordered, by proper ordinance, and collect any expenses incurred by the city, under any ordinance passed carrying out the powers granted under this section by execution as in the case of collecting other costs due the city.
SECTION 2.19. Building regulations.
The city commission may regulate and license the erection and construction of buildings and all other structures in a manner that is consistent with general law, and may regulate all housing and building trades, except as otherwise provided by general law.
SECTION 2.20. Flood control.
The city commission may control and regulate the flow of surface water within the limits of the city, whether occasioned by floods, freshets or otherwise. In the exercise of the power conferred in this section, the city commission may utilize the power of eminent domain and proceed by condemnation under and according to the provisions of Title 22 of the O.C.G.A. and the acts amendatory thereof.
SECTION 2.21. Public safety.
The city commission may provide for the inspection of steam boilers in the city, may regulate or prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naphtha, nitroglycerin, turpentine, cotton, petroleum, kerosene oil, dynamite or other combustible or explosive substances, materials or liquids within the city limits; may regulate or prohibit fireworks, as defined in Code Section 25-10-1 of the O.C.G.A.; may regulate or prohibit the discharge or other use of firearms and other weapons; and may prohibit every kind of hunting within the corporate limits of the city.

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SECTION 2.22. Cemeteries.
The city commission may adopt ordinances, rules and regulations relating to city cemeteries, including, without limitation, provisions on burials in such cemeteries, disposition of lots, protection and preservation of property and punishment of violations. Such authority shall be extended over any additions to such cemeteries, whether within or without the corporate limits of the city.
SECTION 2.23. Roadside areas.
The city commission may prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures and obstructions upon or adjacent to the rights ofway ofstreets and roads or within view thereof, inside or abutting the corporate limits of the city, and may prescribe penalties and punishments for the violation of such prohibitions and regulations.
SECTION 2.24. Parking lots; parking meters.
(a) The city may operate and maintain lots, buildings and other areas for the parking of vehicles. (b) The city may purchase, acquire, rent or lease property of all kinds and may construct buildings on, and equip such lots for, the purposes set forth in subsection (a) of this section and may install parking meters on such lots and operate such parking meters. For those purposes, the city may enter into contracts, appropriate funds and borrow money. The city may make and collect such charges for the use of such parking lots as the city commission may deem proper, and the city commission may adopt all ordinances that it deems necessary or expedient to carry into effect the provisions of this section.
(1) To furnish to the city an adequate supply of pure water for the use of the city for any and all municipal purposes, and also for the use of the citizens of the city for all domestic purposes; may fix in such contracts such price or sum to be paid for the supply of water for the city and its citizens as may be agreed upon by the city and such municipalities and other governmental entities; and may stipulate in such contracts all ofthe terms and conditions upon which such supply or supplies of water are to be furnished to the city for municipal purposes and for the domestic use of its citizens. (2) To furnish to such municipalities and other governmental entities an adequate supply of pure water for the use of such municipalities and other governmental entities for any and all municipal and other governmental purposes, and also for the use of the citizens of such municipalities and other governmental entities for all domestic purposes; may fix in such contracts such price or sum to be paid for the supply of water to be furnished such

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municipalities and other governmental entities and their citizens as may be agreed upon by the city and such municipalities and other governmental entities; and may stipulate in such contracts all of the terms and conditions upon which such supply or supplies of water are to be furnished to such municipalities and other governmental entities for municipal and other governmental purposes and for the domestic use of their citizens. (3) To furnish to the city sewer connections and sewer facilities for the disposal of the sewage of the city; may fix in such contracts the price or sum to be paid for such sewer connections and sewer facilities for the disposal of the sewage of the city, as may be agreed upon by the city and such municipalities and other governmental entities; and may stipulate in such contracts all of the terms and conditions upon which such sewer connections and sewer facilities shall be furnished to the city. (4) To furnish to such municipalities and other governmental entities sewer connections and sewer facilities for the disposal of the sewage of such municipalities and other governmental entities; may fix in such contracts the price or sum to be paid by such municipalities and other governmental entities for such sewer connections and sewer facilities for the disposal of the sewage of such municipalities and other governmental entities, as may be agreed upon by the city and such municipalities and other governmental entities; and may stipulate in such contracts all of the terms and conditions upon which such sewer connections and sewer facilities shall be furnished to such municipalities and other governmental entities.
ARTICLE III CITY COMMISSION
SECTION 3.10. Created; number of commissioners; election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city commission to be composed of five city commissioners. City commissioners shall be elected by receiving a plurality of the votes cast in the election district in which he or she qualified. City commissioners shall exercise their powers in such manner as may be prescribed by this charter and the Constitution and applicable laws of the State of Georgia, or if not prescribed, in such manner as may be prescribed by the duly established ordinances of the city.
SECTION3.il. Qualifications.
(a) No person shall be eligible for the office of city commissioner of the city unless he or she:
(1) Has resided in the city not less than one year immediately preceding his or her election;

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(2) Is a qualified voter in municipal elections for officers of the city; and (3) Has not been convicted and sentenced for any violation of the criminal laws of Georgia involving moral turpitude, unless such person has received a full pardon or has all rights of citizenship restored. (b) All city commissioners shall continue to reside within the city and within their election district, if any, during their terms of office as city commissioners.
SECTION 3.12. Compensation; expenses.
The mayor and the other city commissioners shall receive compensation and expenses for their services as provided by ordinance and in accordance with the provisions of Chapter 35 of Title 36 of the O.C.G.A.
SECTION 3.13. Election districts; election dates.
(a)(l) For the purpose of electing city commissioners, the city is divided into two election districts consisting of the described territory of the City of Decatur contained in the description attached to this Act and made a part hereof and further identified as "Plan: decccsb 93b". (2) There shall be a post A and a post B for each such district. (3) The election districts provided for in paragraph (1) of this subsection shall not affect any city commissioners in office on the effective date of this subsection but shall apply to all elections held after the effective date of this subsection. (b) For the purposes of this section: (1) The term "tract" means and describes the same geographical boundaries as those provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia. (2) Whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city, as shown on the census maps for the United States decennial census of 1990 for the State of Georgia. (3) Any part of the City of Decatur which is not included in any election district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Those persons in office as city commissioners on April 1,2000, shall serve out the remainder of the terms to which they were elected. Two city commissioners shall be elected from each of the two elections districts provided for in subsection (a) of this section, and one city commissioner shall be elected from the city at large. The at-large city commissioner may reside anywhere within the city and shall be elected by the electors of the city. A city commissioner elected from an election district must reside within the election district from which elected and shall be elected by the electors residing within the election district, (d) The first city commissioners elected under this charter shall be elected on the

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first Tuesday next following the first Monday in November 2001. Such city commissioners shall be the city commissioners from post A of each election district. They shall take office on the first Monday in January 2002 and shall serve terms of four years and until their successors are elected. Successors to such city commissioners shall be elected at the general municipal election held on the first Tuesday next following the first Monday in November 2005 and quadrennially thereafter for terms of office of four years. (e) City commissioners shall be elected to post B of each election district and the at-large post on the first Tuesday next following the first Monday in November 2003. Such city commissioners shall take office on the first Monday in January 2004 and shall serve terms of four years and until their successors are elected. Successors to such city commissioners shall be elected at the general municipal election held on the first Tuesday next following the first Monday in November 2007 and quadrennially thereafter for terms of office of four years. (f) A person offering for election as a district city commissioner shall designate the election district and post for which the person is offering. A person offering for election as the at-large city commissioner shall designate that the person is offering for such position on the city commission. The regular city election of the City of Decatur shall be held on the first Tuesday next following the first Monday in November of each odd-numbered year. (g) All commissioners shall serve until their successors are elected and qualified, (h) Political parties shall not conduct primaries for city commission offices and all names of candidates for such offices shall be listed without party designation.
SECTION 3.14. First meeting each year; commissioners' oath.
The city manager shall call to order the first meeting of the city commission in each calendar year. The city commissioners, before entering upon the duties of their office, shall take and subscribe the following oath or affirmation:
"I do solemnly (swear) (affirm) that I will well and truly demean myself as city commissioner of the City of Decatur for the ensuing term, and that I will faithfully enforce the Constitution and laws of the United States of America and of the State of Georgia, and the charter and ordinances of the City of Decatur, to the best of my ability and without fear or favor, and in all my acts as city commissioner, I will act as I believe for the best interest of this city (so help me God)." Any city commissioner who is absent from such meeting shall take and subscribe the oath or affirmation as soon as possible.
SECTION 3.15. Election, term of mayor.
At the first regular meeting of the city commission in each calendar year, the city commission shall elect one of its members to serve as mayor for one year from the time of his or her election as mayor until his or her successor shall have been

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elected and qualified.
SECTION 3.16. Powers and duties of mayor.
The mayor shall: (1) Be recognized as the head of the city government for all ceremonial purposes and by the governor for purposes of military law. (2) Have no veto power, but shall have the same power to vote upon all questions passed upon as other city commissioners. (3) Serve as the chair of the meetings of the city commission. The mayor shall have the power to convene the city commission in extra session whenever, in his or her judgment, it becomes necessary, and shall do so whenever requested by three city commissioners in writing.
SECTION 3.17. Election, term, duties, absence of mayor pro tempore.
At the first regular meeting of the city commission in each calendar year, the city commission shall elect one of its members to serve as mayor pro tempore for one year from the time of his or her election as mayor pro tempore until his or her successor shall have been elected and qualified. The mayor pro tempore shall serve as the chair of the meetings of the city commission in the event of the absence or disability of the mayor. In the event of the absence or disability of both the mayor and the mayor pro tempore, the city commission shall elect a city commissioner to serve as chair of the meeting. The city commission shall declare the absence or disability of the mayor or the mayor pro tempore by majority vote.
SECTION 3.18. Meetings.
(a) The city commission shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city commission shall be held upon call of the mayor or three city commissioners. Notice of a special meeting shall be served on all other members of the city commission personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to members of the city commission shall not be required if the mayor and all city commissioners are present when the special meeting is called. Notice of a special meeting may be waived by a member of the city commission in writing before or after such a meeting, and attendance at such a meeting shall also constitute a waiver of notice as to any business transacted in such member's presence. Only the business stated in the call may be transacted at a special meeting. (c) All meetings of the city commission shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. (d) The city commission shall adopt rules to govern its procedures and order of

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business, consistent with the provisions of this charter, and shall provide for the keeping of a journal of its proceedings, which shall be a public record. (e) All committees, committee chairs, and officers of the city commission, other than the mayor, shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 3.19. Quorum; roll call vote.
(a) Except as provided in subsection (b) ofthis section, the mayor, or the mayor pro tempore, and two city commissioners shall constitute a quorum for the transaction of business, and a majority of votes cast shall determine questions before the city commission. On any question, any city commissioner may demand a roll call vote, and on such demand the vote shall be so taken and recorded in the minutes. (b) If vacancies in office result in less than a quorum of commissioners holding office, the remaining city commissioners in office shall constitute a quorum and shall be authorized to transact business of the city commission. A vote of a majority of the remaining city commissioners shall be required for the adoption of any ordinance, resolution, or motion. (c) Once a quorum is established, the quorum cannot be defeated by the subsequent departure of a city commissioner.
SECTION 3.20. Supervision of administration.
The city commission, at any time, may appoint one or more city commissioners or other persons to investigate the conduct and business of any officer, employee, department, or other agency of the city, may compel the presence of persons or the production of books and papers, and may swear all persons summoned, as may be necessary or pertinent to the investigation.
SECTION 3.21. Boards, commissions, and authorities generally.
(a) The city commission may, by ordinance or resolution, create boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasilegislative function that the city commission deems necessary and shall, by ordinance or resolution, 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 commission in such manner and for such terms of office as shall be provided by ordinance or resolution, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by general law. (c) The city commission, by ordinance or resolution, may provide for the

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compensation and reimbursement for actual and necessary expenses ofthe members of any board, commission, or authority. (d) Any vacancy on a board, commission, or authority ofthe city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by general law. (e) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the city clerk an oath obligating him or her to perform faithfully and impartially the duties of his or her office, such oath to be prescribed by ordinance or resolution and administered by the mayor. (f) Every member of a board, commission, or authority shall serve at will and may be removed from office by a vote of three members of the city commission. (g) Except as otherwise provided in this charter or by general law, each board, commission, and authority of the city shall elect one of its members as chair and one of its members as vice chair, and may elect as its secretary one of its members, or it may appoint as secretary an employee of the city. Each board, commission, or authority of the city may establish such bylaws, rules, and regulations, not inconsistent with this charter, the ordinances of the city, or general law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.
SECTION 3.22. Planning commission.
The city commission may appoint a commission to be known as a planning commission to recommend to the city commission the boundaries ofvarious zoning districts to be laid out and to recommend the adoption of appropriate regulations and restrictions to apply to the lands, buildings, and structures in such zoning districts. The members of the planning commission, the number of members constituting such commission, the duties of such commission, the terms for which the members of such commission shall serve, and any compensation that such members may receive for their services shall be determined by the city commission. The acts of the planning commission shall be advisory only.
SECTION 3.23. Removal.
(a) The mayor or any other city commissioner shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualification of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; or (5) Abandonment of office or failure or neglect to perform the duties thereof as required by this charter or by state law.

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(b) Removal of the mayor or any other city commissioner under this section shall be accomplished by one of the following methods:
(1) By a vote of four city commissioners, which may include the mayor, after an investigative hearing. The person under investigation shall be entitled to a written notice specifying the ground or grounds for removal, and to a public hearing that shall be held not less than ten days after the service of the written notice. The person under investigation shall have such rights as are provided by law; or (2) By an order of the Superior Court of DeKalb County following a hearing on a complaint seeking such removal brought by any resident of the city.
SECTION 3.24.
Vacancies.
(a) The office of mayor or city commissioner shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or by the general laws of the State of Georgia. Upon the suspension from office of the mayor or of a city commissioner in any manner authorized by the general laws of the State of Georgia, the city commission or the remaining city commissioners shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, the office shall become vacant and shall be filled as provided in subsection (c) of this section. (b) Upon the suspension from office of the mayor or of a city commissioner in any manner authorized by the general laws of the State of Georgia, the city commission or the remaining city commissioners shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, the office shall become vacant and shall be filled as provided in subsection (c) of this section. (c) If the office of mayor or city commissioner shall become vacant, the city commission or the remaining city commissioners shall call a special election to fill the balance of the unexpired term of such official; however, if such vacancy occurs within six months of the expiration of the term of that office, the city commission or the remaining city commissioners shall appoint a successor for the remainder of the term. In all other respects the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," hereafter amended.
ARTICLE IV ADMINISTRATION
SECTION. 4.10. City manager; appointment; qualifications; compensation.
By majority vote, the city commission shall appoint a city manager for an indefinite term and shall fix his or her compensation. The city manager shall be appointed solely on the basis of his or her executive and administrative qualifications, with special reference to actual experience in or knowledge of accepted practices with

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respect to the duties of his or her office. At the time of his or her appointment, the city manager need not be a resident of the city or the state, but during his or her tenure of office, he or she shall reside within the city.
SECTION4.il. Powers and duties of city manager.
The city manager shall: (1) Be the chief executive officer and the chief administrative officer of the city. (2) Be responsible to the city commission for the administration of all municipal affairs placed in his or her charge by the city commission or by or under this charter. (3) Appoint and, when he or she deems it necessary for the good of the city, suspend or remove all city employees in accordance with such general personnel rules, regulations, policies, or ordinances that the city commission may adopt, except that the heads of the city departments shall be nominated by him or her and confirmed by the city commission. (4) Have the power to authorize the head of a department or office to appoint, suspend, or remove subordinates in such department or office. (5) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law, subject to the general direction and control of the city commission. (6) Attend all meetings of the city commission and shall have the right to take part in discussion and to recommend any measures that he or she deems expedient, but he or she may not vote. He or she shall be entitled to notice of all regular and special meetings of the city commission. (7) See that all laws of the state, provisions of this charter, and the ordinances, resolutions, regulations, and other acts of the city commission are faithfully executed and duly enforced within the city. (8) Prepare and submit the annual operating budget and capital budget to the city commission, together with a message describing the important features, and shall be responsible for the administration of such budgets after adoption. (9) Submit to the city commission and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year. (10) Make such other reports as the city commission may require concerning the operations of city departments, offices, and agencies subject to his or her direction and control. (11) Recommend to the city commission a standard schedule of pay for each appointive office and position in the city service, including minimum, intermediate, and maximum rates. (12) Recommend to the city commission the adoption of such measures as may be deemed necessary or expedient for the health, safety, or welfare of the inhabitants of the city or for the improvement of administrative services. (13) Consolidate or combine offices, positions, departments, or units under his

4366 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
or her jurisdiction, with the approval of the city commission. He or she may be the head of one or more departments. (14) Investigate the affairs of the city or any department or division thereof. He or she shall investigate all complaints concerning the administration of the city government and the services provided by the public utilities of the city, and shall see that all franchises, permits, and privileges granted by the city are faithfully observed. (15) Devote his or her entire time to the discharge of his or her official duties. (16) Keep the city commission fully advised as to the financial condition and future needs of the city and make such recommendations to the city commission concerning the affairs of the city as he or she deems desirable. (17) Divide the operations and activities of the city government into departments. At the head of each department there shall be a director, except that one or more departments may be under the control of the same director, and one or more offices may be held by the same person, as determined by the city manager. (18) Perform such other duties as are specified in this charter or as may be required or authorized by the city commission.
SECTION 4.12. Acting city manager.
By letter filed with the city clerk, the city manager shall designate, subject to the approval of the city commission, a qualified administrative officer of the city to exercise the powers and perform the duties of the city manager during his or her temporary absence or disability. During this absence or disability, the city commission may revoke that designation at any time and appoint another administrative officer of the city to serve as acting city manager until the city manager returns or his or her disability ceases.
SECTION 4.13. Removal of city manager.
(a) The city commission may remove the city manager from office in accordance with this section. (b) The city commission shall adopt by an affirmative vote of a majority of all of its members a preliminary resolution which must state the reasons for the removal of the city manager and may suspend the city manager from duty for not more than 45 days. A copy of the resolution shall be delivered promptly to the city manager. (c) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city commission a written request for a public hearing. Such hearing shall be held within 30 days after the request is filed. The city manager may file with the city commission a written reply not later than five days before the hearing. (d) If the city manager has not requested a public hearing within the time specified in subsection (c) of this section, the city commission may adopt a final resolution

____________GEORGIA LAWS 2001 SESSION_________4367
for removal, which may be made effective immediately, by an affirmative vote of a majority ofall ofits members. Ifthe city manager has requested a public hearing, the city commission may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all of its members, at any time after the public hearing. (e) The city manager shall continue to receive his or her salary until the effective date of a final resolution of removal.
SECTION 4.14. Interim city manager.
When the position of city manager is vacant, the city commission shall designate an interim city manager to exercise the powers and perform the duties of the city manager until the vacancy is filled. The interim city manager shall be qualified to hold such office, as provided in section 4.10 of this charter.
SECTION 4.15. Mayor or city commissioner serving as city manager.
Neither the mayor nor any other member of the city commission shall be eligible for appointment as city manager or acting or interim city manager during his or her term of office and for a period of one year after the end of his or her term as mayor or city commissioner.
SECTION 4.16. Responsibilities of directors of departments.
The directors of departments shall be immediately responsible to the city manager for the proper administration of their departments. Such directors shall make regular reports concerning the work of their departments to the city manager and shall furnish him or her at all times with such information as he or she may desire concerning their departments. Any director who has received notice of removal from office may request a hearing as described in subsection (c) of Section 4.13, and the city manager, in his or her discretion, may grant such request.
SECTION 4.17. Appointments to city positions.
(a) Every appointment of a director ofa department ofthe city shall be made solely on the basis of his or her administrative and professional qualifications. Every appointment to any other position in the city government below the level of city manager shall be made solely on the basis of fitness. (b) No appointment shall be made to any administrative position in the city of any person related to the mayor, to any other city commissioner, or to the city manager nearer than the fourth degree by affinity or sanguinity.

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ARTICLE V MUNICIPAL COURT
SECTION 5.10. Creation; judges.
(a) There shall be a court to be known as the Municipal Court of the City of Decarur, Georgia. (b) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or substitute judges as shall be provided by ordinance, who shall serve for terms of not more than two years. Municipal judges shall be able to serve successive terms. (c) 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 shall be a member of the State Bar of Georgia and shall be a resident of said city. All judges shall be appointed by the city commission. (d) The compensation of the judge or judges shall be fixed by ordinance. (e) Judges may be removed for cause by an affirmative vote of three members of the city commission. (f) Before assuming office, each judge shall take an oath or affirmation, 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 and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city commission.
SECTION5.il. Powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as are or shall be provided by law. (b) The municipal court shall have the authority to preserve order and to punish persons in its presence for contempt or for disobedience to any of its mandates, provided that the punishment shall not exceed a fine of $200.00, or imprisonment for ten days, or both, or alternative sentencing as now or hereafter provided by law. (c) The municipal court may fix punishment for violations of the charter or any ordinance of the city, or other violations as provided by law, not exceeding a fine of $1,000.00 or imprisonment for six months, or both such fine and imprisonment, or alternative sentencing as now or hereafter provided by law. Terms of imprisonment shall be served in the city jail, or in the DeKalb County jail pursuant to an arrangement with the county authorities. Any fines imposed may be collected by execution. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court may:

_____________GEORGIA LAWS 2001 SESSION__________4369
(1) Establish bail and recognizances to ensure the presence of persons charged with violations before such court; (2) Imprison the accused pursuant to law to await trial; or (3) Accept cash, personal, or real property as a surety bond 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, the bond may be forfeited by the judge presiding at such time, and an execution shall be issued thereon after serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi, requiring him or her to show cause why the bond should not be forfeited. (f) The municipal court shall have the same authority as superior courts to order and compel the production of books, papers, and other evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants that may be served and executed by any officer authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city, (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area ofthis city granted by law to municipal courts, and particularly by such laws that authorize the abatement of nuisances and the prosecution of traffic violations.
SECTION 5.12. Certiorari.
Any person convicted in the municipal court of a violation of any city ordinance or state statute, or of a failure to comply therewith, shall have the right of certiorari to the Superior Court of DeKalb County, in accordance with the laws of Georgia regulating the granting and issuing of writs of certiorari.
ARTICLE VI FINANCE
SECTION 6.10. City books and accounts.
The city accounts shall be kept in such manner as to show fully at all times the financial condition of the city and the books shall be open to the public for

4370 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
inspection during regular office hours. The city manager shall see that the city's accounts are kept in the most approved fashion, including all necessary balance sheets in detail, and in summary, revenue and expense statements, operation statistics and other reports necessary to show completely each month the state of the city's finances.
SECTION6.il. Expenditures.
(a) Generally accepted accounting and management practices shall be followed to ensure that all payroll expenditures and other expenditures by the city are appropriate and proper. (b) Expenditures shall be legal only on the basis of appropriations in the budget, for which expenditures warrants shall be issued by the city manager or his or her designee. Except in cases of emergency, such warrants shall be countersigned by the city manager and the mayor. Such emergency shall be declared by the city commission, the facts being stated by resolution. (c) It shall be unlawful for any elected official, appointed officer or employee of the city or any agency or political entity to which this charter applies to be interested, directly or indirectly, in any transaction with, sale to, work for, or contract of, the city or any department or service of the government of the city, involving the expenditure of any public funds of the city, that is incompatible with the proper discharge of his or her official duties or that would tend to impair the independence of his or her judgment or action in the performance of his or her official duties.
SECTION 6.12. Deposit of city's funds.
The city manager or his or her designee shall see that all monies belonging to the city are deposited with such responsible banks as may be designated by the city commission.
SECTION 6.13. Annual audit.
The accounts of all departments of the city shall be audited at least once each year by a disinterested certified public accountant designated by the city commission. A summary of the audit shall be published in the official newspaper of the city.
SECTION 6.14. Taxation generally.
(a) For the purpose of raising revenues for the support and maintenance of the city, the city commission shall have full power and authority to assess, levy, and collect an ad valorem tax on all real and personal property, within the corporate limits of

_____________GEORGIA LAWS 2001 SESSION__________4371
the city that is subject to taxation by the state and county, at a rate not to exceed 18 mills upon such taxable property. (b) The city commission is authorized and empowered to assess, levy, and collect, annually, a tax on all taxable property of the city, as other taxes are assessed, levied, and collected, to pay the annual interest on the bonded indebtedness of the city and to provide a sinking fund to pay off and discharge such bonds as they fall due according to the terms upon which they were issued. The tax collected for the purposes described in this subsection shall be used solely for such purposes. (c) The tax described in subsection (a) ofthis section shall be exclusive ofthe taxes for public schools, authorized by law, and the taxes required and sufficient to pay the annual interest on the bonded indebtedness of the city and to provide a sinking fund for the purpose of paying the principal of such bonded indebtedness as required by law, as described in subsection (b) of this section. The ad valorem tax authorized in subsection (a) of this section for general purposes, the public school tax, and the bonded interest and sinking fund tax, described in subsection (b) ofthis section, shall be levied under separate ordinances, each specifying the purpose for which levied, and all proceedings for collecting such taxes shall show the amount due on each of such tax levies. The city commission shall have power and authority to provide by ordinance for the returns and assessments of all taxable property in the city and to provide penalties for neglect or refusal to comply with such ordinances, as provided in this charter.
SECTION 6.15. Occupation taxes; regulatory fees.
The city commission, by ordinance, may levy such occupation taxes and regulatory fees as are not prohibited by law.
SECTION 6.16. Sanitary and health service fees.
The city commission by ordinance shall have the power to assess and collect fees, charges, and tolls for sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city, for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as delinquent taxes are collected.
SECTION 6.17. Contracts and purchases.
Contracts shall be awarded by the city manager, only after bona fide competitive bidding, to the lowest responsible bidder, where the amount to be paid by the city exceeds $10,000.00. All purchases of supplies shall be made through a central purchasing agent at the lowest obtainable prices. Any violation of subsection (c) of Section 6.11 shall nullify and render void all contracts related to such violation.

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ARTICLE VII EDUCATION
SECTION 7.10.
Public schools generally.
(a) The public school system in operation in the city on the effective date of this charter, established and continued under an Act ofthe General Assembly approved September 12, 1889, "to authorize the establishment of a system of public schools in the City of Decatur," as amended, is hereby continued under this charter. The Board of Education of the City of Decatur that exists on the effective date of this charter (sometimes referred to in this charter as the "board of education") is continued in existence. (b) The Board of Education of the City of Decatur, so continued, shall continue to have the powers, duties, rights, obligations, and liabilities, of the Board of Education of the City of Decatur that exist on the effective date of this charter and shall be subject to all constitutional and statutory provisions relating to boards of education that are not in conflict with this charter. (c) The Board of Education of the City of Decatur shall be a body corporate and politic and shall be empowered to engage in legal process and to enact such policies, bylaws, rules, and regulations, not inconsistent with the laws of this state or of the United States, for the government of the members of the board of education, the superintendent of schools, and teachers and students of such schools, as the board may deem proper. (d) The members of the Board of Education of the City of Decatur who are serving on such board of education on the effective date of this charter, and any person selected to fill a vacancy in any such offices, shall continue to serve as such members until their terms of office expire. The Board of Education of the City of Decatur shall continue to consist of five members, four of whom shall be elected from election districts described in this subsection, and one member who shall be elected at large. For the purpose of electing the four district members of the board of education, the City of Decatur School District is divided into two election districts. The districts shall consist of the described territory of the City of Decatur School District contained in the description attached to this Act and made a part hereof as further identified as "Plan: decccsb 93b". (e) For the purposes of subsection (d) of this section:
(1) The term "precinct" is synonymous with the term "voting precinct" and means a geographical area, established in accordance with Code Section 21-2-260 of the O.C.G.A., within which all electors vote at one polling place.
(2) The terms "tract," "block", and "VTD" 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 1990 for the State of Georgia. (3) Whenever the description of any election district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map of the United States decennial census of 1990 for the State of Georgia.

_____________GEORGIA LAWS 2001 SESSION__________4373
(4) Precinct names and designations following VXD designations are included for convenience only; and if the description of any election district contains a conflict between the geographical boundaries of any VXD and the boundaries of the subsequently named precinct, the geographical boundary as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control. (5) Any part of the City of Decatur School District that is not included in any election district described in subsection (d) of this section shall be included within the election district contiguous to such part that contains the least population according to the United State Decennial census of 1990 for the State of Georgia. (6) Any part of the City of Decatur School District that is described in subsection (d) of this section as being included in a particular election district shall nevertheless not be included within such election district if such part is not contiguous to such election district. Such noncontiguous part shall instead be included within that election district contiguous to such part that contains the least population according to the United States decennial census of 1990 for the State of Georgia. (f) Xwo members shall be elected from each election district provided for in subsection (d) of this section. Xhe members elected from an election district shall be elected solely by the voters of the election district voting in an election thereon. Xhere shall be a Post A and a Post B in each election district and each candidate must designate the post for which the candidate is offering. A candidate for the board of education from an election district shall have been a resident of the district from which the candidate is offering for at least one year prior to the election. A member elected to the board of education from an election district shall remain a resident of the respective district during the term for which elected. (g) A candidate for the at-large office on the board of education may reside anywhere within the City of Decatur School District and shall be elected by the voters of the City of Decatur School District voting in an election thereon, (h) All candidates for office on the board of education shall be at least 21 years of age. Persons employed by the City of Decatur School System shall not be eligible to be members of the board of education. (i) Xhe first members of the Board of Education of the City of Decatur elected under this charter shall be elected on the first Xuesday next following the first Monday in November 2001. Such members shall be the persons elected to Post A of Election District 1, Post A of Election District 2 and the at-large post. Xhey shall take office on January 1, 2002, and shall serve terms of four years and until their successors are elected. Successors to such members shall be elected at the general municipal election held on the first Xuesday next following the first Monday in November 2005 and quadrennially thereafter for terms of office of four years, (j) Members shall be elected to Post B of Election District 1 and Post B of Election District 2 on the first Xuesday next following the first Monday in November 2003. Such members shall take office on January 1, 2004, and shall serve terms of four years and until their successors are elected. Successors to such members shall be elected at the general municipal election held on the first Xuesday following the

4374 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
first Monday in November 2007 and quadrennially thereafter for terms of office of four years. (k) Political parties shall not conduct primaries for board of education offices and all names of candidates for such offices shall be listed without party designation. (1) The person receiving a plurality of the votes cast for any office on the board of education shall be elected. (m) Any vacancy in the board of education as a result of death, resignation, removal from the city, removal from an election district, or otherwise, except for the expiration of a term of office, shall be filled as provided in the Code Section 20-2-54.1 of the O.C.G.A.
SECTION7.il. General powers and duties of board of education.
(a) The chair and the vice chair of the board of education shall be elected from the membership ofthe board of education at its first meeting in each calendar year, and such members shall serve as chair and vice chair for terms of one year. A member may succeed himself or herself as chair or vice chair. (b) The board of education shall make such bylaws, policies, rules, regulations, and orders for its government as it deems wise. The board of education shall have the entire supervision, direction, and control ofthe public school system ofthe city and may make such changes therein as it deems proper; provided, that the board of education shall not have the power or authority to contract any debt for or on account of the city. However, the board of education may contract on its own behalf for short-term debt whose repayment is pledged by specific tax receipts. The city may transfer to the board of education and the board of education may accept from the city, title to property for the use of the school system, especially including but not limited to title to the properties known as Clairemont Elementary School, College Heights Elementary School, Fifth Avenue Elementary School, Glennwood Elementary School, Oakhurst Elementary School, Westchester Elementary School, Winnona Park Elementary School, Renfroe Middle School, and Decatur High School. (c) The board of education shall have the exclusive right, power, and authority to:
(1) Prescribe the curriculum of the public school system of the city; (2) Appoint and employ a superintendent of schools and all other employees ofsuch school system at the recommendation ofthe superintendent ofschools, and to fix their compensation; (3) Suspend or remove the superintendent of schools, or any other employee, at the recommendation of the superintendent, for cause satisfactory to it. (4) Make such bylaws, policies, rules, regulations, and orders for the government, discipline and conduct of the school system and of the superintendent of schools, employees, and students as it may deem proper and not in conflict with the laws of Georgia; and (5) Generally to have power and authority to do and perform all acts necessary to and in promotion of the best educational interests of the city not in conflict with this charter or the laws of this state.

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(d) No member of the board of education may serve in the office of superintendent of schools or in the position of employee in such schools. (e) The treasurer of the board of education shall give bond in such sum as the board may fix. (f) The board of education shall cause to be kept regular minutes of all its proceedings, which shall be open to inspection. (g) The board of education shall upon request submit to the city commission, a report for the scholastic year ending June 30, showing:
(1) The condition of the public schools; (2) The attendance therein with resident and nonresident students shown separately; (3) The receipts and expenditures for the scholastic year; and (4) Such other information that the city commission may call for or that the board of education may deem proper and such recommendations as the board of education may desire to make. The report, or so much thereof as the city commission shall order, shall be published in the city. (h) The board of education shall provide schools for children, which schools shall be kept open and free for not less than nine scholastic months in each year, (i) When there are vacant seats in the city schools of Decatur not needed for children of the city as mentioned in this article, the board of education may provide for the admission of children whose parents or guardians are not residents of the city upon terms and conditions as the board of education may prescribe.
SECTION 7.12. Per diem and expenses of board of education.
The members of the board of education shall, when approved by the board of education, receive a per diem of not less than $15.00 and not more than $50.00 for each day of attendance at meetings of the board of education, not to exceed five in any one month, and while meeting and traveling within or outside the state as a member of a committee of the board of education on official business first authorized by a majority of the board of education, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the superintendent of schools. No member of the board of education shall be paid such per diem for any meeting unless he or she shall:
(1) Be actually present at such meeting not later than 15 minutes after the time for such meeting to convene; and (2) Not leave such meeting until it has been adjourned.

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SECTION 7.13. Educational funds; school tax.
(a) On or before March 1 of each year, or another date specified by the city commission, the Board of Education of the City of Decarur shall provide to the city commission the rate of the ad valorem tax levy, on taxable property in the city, necessary for the support, maintenance, and operation of the public schools of the city. Such rate shall not exceed 25 mills. The city commission shall assess, levy, and cause to be collected such ad valorem tax as provided by the board of education upon all property subject to taxation in the city. (b) The city commission may provide for the payment of the school tax described in this section in installments as in the case of the collection of the general ad valorem tax levied in the city, but such school tax shall be paid over to the board of education, as collected, at the close of each month during which received. (c) No part of the school fund derived from the school tax described in this section shall be used for purposes other than:
(1) Support and maintenance of the schools and the school system; (2) Contracting for or erecting schools or school related buildings and additions thereto, or providing furniture and other necessary equipment thereof; or (3) Repairs and upkeep of the buildings and grounds of the schools.
ARTICLE VIII GENERAL PROVISIONS
SECTION 8.10. Powers and duties of police.
The police officers of the city may make arrests in the manner provided by law. Such officers are authorized, to the same extent as sheriffs of this state, to execute warrants placed in their hands charging any person with violating the criminal laws of this state. Such officers may arrest, anywhere within this state, any person charged with violating any ordinance of the city; provided, when the arrest is not made within 24 hours after the offense is committed, such officers are not authorized to arrest the offender outside the corporate limits of the city except in obedience to a written warrant signed by a judge of the municipal court. Bonds and recognizances may be accepted and forfeited as provided by law. The city commission may authorize and direct any police officer of the city to summon any or all bystanders to aid in the arrest of any persons violating any ordinance of the city or any criminal law of the state, and may provide punishment for any persons failing or refusing to provide such aid.
SECTION8.il. Criminal procedure and incarceration.
(a) Any person who violates an ordinance of the city and flees from the jurisdiction

____________GEORGIA LAWS 2001 SESSION__________4377
thereof may be apprehended and arrested, whenever found in the state, and the warrants of the judge of the municipal court shall be sufficient authority for such person's return and trial upon the charge resting against such person. Any person who escapes after trial and conviction may be apprehended or arrested whenever found in this state, and the warrant of the judge of the municipal court shall be sufficient authority for his or her arrest and return. (b) The city commission may provide for the city a safe and suitable jail for the keeping and detention of inmates and of persons charged with a violation of the ordinances of the city before or after conviction, and may appoint a person or persons to operate such jail.
SECTION 8.12. Charter as defense for official actions taken.
Except as otherwise provided by law, if the mayor, any other commissioner or any other officer of the city is sued for any acts or things done in his or her official capacity under and in accordance with this charter and the ordinances passed in pursuance hereof, he or she may be justified under this charter, and the provisions of this charter may be pleaded and shall be a full defense to any action brought against such officer.
SECTION 8.13. Existing legislation to remain in effect.
All ordinances, resolutions, bylaws, rules, and regulations adopted by the city commission before the effective date of this charter that are in force on such date and not inconsistent with nor repugnant to any provision of the Constitution and laws of Georgia or this charter shall remain in full force and effect under this charter until repealed, altered, or amended by the city commission.
SECTION 8.14. Continuation of powers.
Authority to carry out and effectuate the provisions ofthis charter by ordinance and to provide for violations thereof, whenever the city commission may deem it necessary, and all further powers granted to the city, as reincorporated under this charter, are expressly conferred on the members of the city commission in office on the effective date of this charter and their successors.
SECTION 8.15. Powers consolidated; former acts repealed.
All local Acts of the General Assembly passed before the effective date of this charter incorporating and conferring powers on the city are consolidated into and superseded by this charter. All laws or parts of laws in conflict with this charter, or any provision hereof, are repealed.

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SECTION 8.16.
Effective date.
This charter shall become effective on July 1, 2001.
Plan:decccsb93b Plan Type: local Administrator: User:
District 001 DeKalb County Tract: 130890222
Block: 609A 610A Tract: 13089022301
Block: 213 A Tract: 13089022403
Block: 205A Tract: 130890225
Block: 101A 102 103 104 105 106 107 108 109A 110 111A 201 202 203 204 205 206 207 208 209 210 211 303 304 313 314 315 408 412 502 503 505 507 508 509 510 513 601 602 603 604 605 606 607 608 609 610 611612A 614 701 702 703 704 705 706 707 708 709A
Tract: 130890226 Block: 101 102 103 104A 105 106 107 108 109 110 111 112 113 114 115 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 301 302 303 304A 305 306 307 308 309 310 311 312 313 314 315 316 319 321 322 401 402 403 404 405 406 407 408 409 410 411 412 414 416 417 418 501 502 503 504 505 506 508 509 511
Tract: 130890228 Block: 101 102 103 104 106 114 115 401 402
District 002 DeKalb County Tract: 130890225
Block: 309 316 317 318 319 320 401 402 403 404 405 406 411 Tract: 130890227
Block: 101 102 103 104 105 106 107 108 109 110 111 201 202 203 204 205 206 207 208 210 211 212 213 214 215 216 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 402 403 404 405 407 408409 410 411 501 502 503 504 505 506 507 511 512 513 514 515
Tract: 130890228 Block: 105 107 108 109 110 111 112 113 201 202 203 204 205A 206

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207 208 210 302 303 304 306 307 308 309 310 313 314 403 404 405 409 414 Tract: 130890229 Block: 402B 404B
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the 2000 session of the General Assembly of Georgia a bill to provide a new Charter for the City of Decatur, Georgia; to provide for incorporation, boundaries and powers of the city; to provide for a governing authority of the city and the powers, duties, election, terms, method of filling vacancies and compensation of the members of such governing authority; to provide for investigations; to provide for organization and procedures; to provide for ordinances, rules and regulations; to provide for penalties; to provide for the office of mayor and powers and duties of the mayor; to provide for administrative responsibilities; to provide for boards, commissions and authorities; to provide for a city manager and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for taxation, fees and charges; to provide for books and accounts; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
This 8th day of February, 2001.
Peggy Merriss City Manager
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nadine Thomas, who on oath deposes and says that she is the Senator from the 10th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on the following date: February 8, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification

4380 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1 -14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ NADINE THOMAS Nadine Thomas Senator, 1 Oth District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
CARROLL COUNTY WATER AUTHORITY - MEMBERSHIP; TERMS; QUALIFICATIONS; QUORUM; VACANCIES; COMPENSATION; REPORTS; AUDITS.
No. 160 (Senate Bill No. 308).
AN ACT
To amend an Act known as the "Carroll County Water Authority Act," approved April 6, 1967 (Ga. L. 1967, p. 2861), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3606), so as to change the composition, qualifications, and terms of office of members of that authority; to provide for nonvoting membership and abolition thereof; to provide for quorum, vacancies, compensation, and reports and audits; to repeal conflicting laws; and for other purposes.

_____________GEORGIA LAWS 2001 SESSION__________4381
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act known as the "Carroll County Water Authority Act," approved April 6, 1967 (Ga. L. 1967, p. 2861), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3606), is amended by striking Section 2 thereof and inserting in its place the following:
'SECTION 2. The Carroll County Water Authority.
(a) There is hereby created a body corporate and politic to be known as the Carroll County Water Authority which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, title, and style said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity.
(b)(l) As used in this subsection, the term 'commissioner district' means the commissioner district for election of each member of the board of commissioners of Carroll County as specified in an Act creating such board, approved February 28,1989 (Ga. L. 1989, p. 3546), as amended, but means all of Carroll County with regard to the commissioner district of the chairperson of such board. (2) The authority shall consist of seven voting members, as specified in paragraphs (3) through (8) of this subsection, and other nonvoting members as specified in paragraph (10) of this subsection. Each voting member shall be appointed by a member of the board of commissioners of Carroll County and reside in Carroll County in the commissioner district which that commissioner represents. No member of the authority may be a member of said board of commissioners. (3) The terms of office of those members of the authority who were appointed by the board of commissioners of Carroll County and who reside in Commissioner Districts 5 and 6 shall expire upon the date this paragraph becomes effective in 2001 and upon the appointment and qualification of their respective successors. Those successors shall be appointed by members ofthe board of commissioners of Carroll County who represent Commissioner Districts 5 and 6, respectively, to serve for initial terms of office which expire December 31, 2002, and upon the appointment and qualification of their respective successors. (4) The member of the authority who was appointed by the board of commissioners of Carroll County, who is chairperson of the authority on January 1,2001, and who resides in Commissioner District 3 shall continue to serve out such member's term of office, which shall expire on December 31, 2001, and upon the appointment and qualification of a successor. That successor shall be appointed by the member of the board of commissioners of Carroll County who represents Commissioner District 3 to serve for an initial

4382 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
term of office which expires December 31, 2003, and upon the appointment and qualification of his or her successor. (5) The member of the authority who was appointed by the board of commissioners of Carroll County and who resides in Commissioner District 2 shall continue to serve out such member's term of office, which shall expire on December 31, 2001, and upon the appointment and qualification of a successor. That successor shall be appointed by the member of the board of commissioners of Carroll County who represents Commissioner District 2 to serve for an initial term of office which expires December 31,2003, and upon the appointment and qualification of his or her successor. (6) The position on the authority which had previously been filled by the appointment by the board of commissioners of Carroll County and which position was vacant on February 10, 2001, shall be filled by the appointment by the commissioner of Carroll County who represents Commissioner District 1 to serve for an initial term of office which expires December 31, 2002, and upon the appointment and qualification of his or her successor. (7) The chairperson of the board of commissioners of Carroll County shall appoint the seventh member to serve on the authority to serve for an initial term of office which expires December 31, 2002, and upon the appointment and qualification of his or her successor, and the person so appointed may reside anywhere within Carroll County. (8) The member of the authority who was appointed by the board of commissioners of Carroll County and who resides in Commissioner District 3 and who is not the chairperson of the authority on January 1, 2001, shall continue to serve out such member's tenn of office, which shall expire on June 30, 2002, and upon the appointment and qualification of his or her successor and until such successor takes office shall be deemed to be serving from Commissioner District 4. That successor shall be appointed by the member of the board of commissioners of Carroll County who represents Commissioner District 4 for an initial term of office which expires December 31, 2003, and upon the appointment and qualification of his or her successor. (9) Successors to members of the authority whose initial terms of office are to expire as provided in paragraphs (3) through (8) of this subsection, and all future successors to voting members of the authority whose terms of office are to expire, shall be appointed by the member of the board of commissioners of Carroll County who represents the commissioner district in which that authority member was required to reside, to terms of office which begin on the first day of January immediately following the expiration of that term to serve for a term of office of two years each and until their respective successors are appointed and qualified. Notwithstanding the initial and other terms so established, the term of office of a voting member of the authority shall expire upon the election and qualification of a successor to that member of the board of commissioners who appointed such authority member during such commissioner's term and upon such successor's appointment of a member to the authority.

_____________GEORGIA LAWS 2001 SESSION__________4383
(10) The remaining members of the authority who were appointed by the governing authority of any political subdivision within Carroll County contracting for the sale or purchase of water to or from the authority shall continue to serve out their terms of office and until their successors are appointed and qualified, but on and after the date this paragraph becomes effective in 2001, they shall serve as nonvoting members of the authority. The nonvoting members appointed to such positions after this paragraph becomes effective in 2001 shall serve for terms of office of two years and until their respective successors are appointed and qualified. If the political subdivision which appoints such a member to the authority at any time ceases to contract for the sale or purchase of water to or from the authority, that member's term of office on the authority shall automatically expire and that member's position on the authority shall be automatically abolished. (11) Vacancies in the voting membership of the authority shall be filled by appointment by the member of the board of commissioners of Carroll County who represents the commissioner district in which the vacancy occurs, which appointee shall serve the remainder of the unexpired term and until a successor is appointed and qualified. Vacancies in the nonvoting membership of the authority shall be filled in the same manner as the original appointment for the remainder of the unexpired term and until a successor is appointed and qualified. (c) Immediately after their appointments, the members of the authority shall enter upon their duties. They shall elect from among their members a chairperson and a vice chairperson and may also elect a secretary and treasurer who need not necessarily be a member of the authority. A majority of the voting members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and duties of the authority. (d) The members of the authority shall be entitled to compensation for their services, out of authority funds, at the rate of $100.00 for each meeting they attend, not to exceed a total of $1,500.00 for each member in any calendar year. (e) The authority shall make rules and regulations for its own government, and the authority shall have perpetual existence. (f) The authority shall annually make a report, including a fiscal audit, of its activities to the grand jury for the November term of the Superior Court of Carroll County and to the board of commissioners of Carroll 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 2001 session of the General Assembly of Georgia a bill to amend an Act known as the "Carroll County Water Authority Act", approved April 6, 1967 (Ga. 1967, p. 2861), as amended; and for other purposes.

4384 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
This 15th day of February, 2001.
s/ Senator William G. Hamrick III 30 District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hamrick, who on oath deposes and says that he is the Senator from the 30th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Daily Times-Georgian which is the official organ of Carroll County on the following date: February 17, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
______ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
______ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/BILL HAMRICK Bill Hamrick Senator, 30th District
Sworn to and subscribed before me, this 20th day of February, 2001.

____________GEORGIA LAWS 2001 SESSION__________4385
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 13, 2001.
STEPHENS COUNTY - BOARD OF COMMISSIONERS; QUALIFICATIONS; HOSPITAL AUTHORITY MEMBERSHIP.
No. 162 (House Bill No. 702).
AN ACT
To amend an Act creating a board of commissioners of Stephens County, approved March 22,1937 (Ga.L. 1937, p. 1415), as amended, so as to provide for additional qualifications of members of the board of commissioners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a board of commissioners of Stephens County, approved March 22, 1937 (Ga. L. 1937, p. 1415), as amended, is amended by adding a new section immediately following Section 3, to be designated Section 3A, to read as follows:
'SECTION 3A. Any member of the board of commissioners elected for a term of office which commences on or after January 1, 2002, shall not be authorized to serve simultaneously as a member of the board of any hospital 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 given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Stephens County, approved March 22, 1937, (Ga. L. 1937, p. 1415), as amended; and for other purposes.
This 12th day of February, 2001.

4386 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ Jeanette Jamieson Representative Jeanette Jamieson
22nd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who on oath deposes and says that she is the Representative from the 22nd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County on the following date: February 16, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1 14.1.
s/ JEANETTE JAMIESON Jeanette Jamieson Representative, 22nd District
Sworn to and subscribed before me, this 19th day of February, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4387
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 16, 2001.
CITY OF TOCCOA - COMMISSION; QUALIFICATIONS; HOSPITAL AUTHORITY MEMBERSHIP.
No. 163 (House Bill No. 704).
AN ACT
To amend an Act incorporating the City of Toccoa, approved December 20, 1897 (Ga. L, 1897, p. 341), as amended, so as to provide for additional qualifications of members ofthe city commission; 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 Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, is amended by adding a new subsection at the end of Section (3), to be designated subsection (c) to read as follows:
"(c) Any member of the city commission elected for a term of office which commences on or after January 1, 2002, shall not be authorized to serve simultaneously as a member of the board of any hospital 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 given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Toccoa, approved December 20, 1897, (Ga. L. 1897, p. 341), and for other purposes.
This 12th day of February, 2001.
s/ Jeanette Jamieson Representative Jeanette Jamieson
22nd District

4388 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who on oath deposes and says that she is the Representative from the 22nd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County on the following date: February 16, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-114.1.
s/ JEANETTE JAMIESON Jeanette Jamieson Representative, 22nd District
Sworn to and subscribed before me, this 19th day of February, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4389
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 16, 2001.
CITY OF GAINESVILLE - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM.
No. 178 (House Bill No. 849).
AN ACT
To amend an Act providing for a homestead exemption from all City of Gainesville independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or older and whose annual household income does not exceed $12,000.00, approved March 19, 1987 (Ga. L. 1987, p. 4209), so as to provide a homestead exemption from such taxes for such residents who are 62 years of age but less than 75 years of age in the amount of $30,000.00 of the assessed value of the homestead if the annual household income does not exceed $25,000.00; to provide a full value homestead exemption from such taxes for such residents who are 75 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a homestead exemption from all City of Gainesville independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or older and whose annual household income does not exceed $12,000.00, approved March 19, 1987 (Ga. L. 1987, p. 4209), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows:
'SECTION 2. (a) As used in 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 City of Gainesville independent school district, including, but not limited to, taxes to pay interest

4390 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
on and to retire independent school district bonded indebtedness. (2) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) 'Income' means gross income, as defined by Georgia law, from all sources. For the purposes of this Act, gross 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 such individual's spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as gross income for the purposes of this Act. (b)( 1) Each resident ofthe City ofGainesville independent school district who is at least 62 years of age or over but less than 75 years of age on or before January 1 of the year in which application for the exemption under this paragraph is made is granted an exemption on that person's homestead from all City of Gainesville independent school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of that homestead if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. The value of the property in excess of such exempted amount shall remain subject to taxation. (2) Each resident of the City of Gainesville independent school district who is 75 years of age or older on or before January 1 of the year in which application for the exemption under this paragraph is made is granted an exemption on that person's homestead from all City ofGainesville independent school district ad valorem taxes for educational purposes for the full value of that homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an affidavit and application with the governing authority of the City of Gainesville, or the designee thereof, giving: (1) The person's age and, if applicable, the amount of income which the person and the person's spouse residing within such homestead received during the last taxable year; (2) Such information relative to receiving such exemption as will enable the governing authority of the City of Gainesville, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption. (d) The governing authority of the City of Gainesville, or the designee thereof, shall provide affidavit and application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After

____________GEORGIA LAWS 2001 SESSION_________4391
a person has filed the proper application and affidavit, if required, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty ofany person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Gainesville, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, municipal ad valorem taxes for municipal purposes, county ad valorem taxes for county purposes, or county school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to independent school district ad valorem taxes for educational purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2002."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Gainesville shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors ofthe City ofGainesville for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. The municipal 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 Hall County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides new homestead exemptions from all City of Gainesville independent school district
NO ( ) ad valorem taxes for educational purposes: (1) in the amount of $30,000.00 of the assessed value of the homestead for certain residents of the school district who are at least 62 but less than 75 years of age and whose annual household income does not exceed $25,000.00; (2) for the full value of the homestead for certain residents of that school district who are 75 years of age or older?"
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 on January 1, 2002. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 ofthis Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Gainesville. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

4392 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 2001 Session of the General Assembly of GA.
To Amend an Act providing for a homestead exemption from all City of Gainesville independent school district ad valorem taxes for educational purposes in the amount of $10,000 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or older and whose age or older and whose annual household income does not exceed $12,000.00, approved March 19, 1987 (Ga. L. 1987, p. 4209), so as to provide a homestead exemption from such taxes for such residents who are 62 years of age but less than 75 years of age in the amount of $30,000.00 of the assessed value of the homestead if the annual household income does not exceed $25,000.00; to provide a full value homestead exemption from such taxes for such residents who are 75 years of age or older; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for a applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Representative Carl Rogers House District 20
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Rogers, who on oath deposes and says that he is the Representative from the 20th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on the following date: February 27, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required

_____________GEORGIA LAWS 2001 SESSION__________4393
by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1 -14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ CARL ROGERS Carl Rogers Representative, 20th District
Sworn to and subscribed before me, this 28th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 18,2001.

4394 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. 11____
CITY OF CONYERS - HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.
No. 179 (Senate Bill No. 248).
AN ACT
To provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes; to provide for conditions and procedures relating thereto; to repeal a specific Act; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) For purposes of this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Conyers, except for taxes to pay interest on or retire bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (b) Each resident of the City of Conyers is granted an exemption on that person's homestead from all City of Conyers ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Conyers, or the designee thereof, giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. (d) The governing authority of the City of Conyers or the designee thereof shall provide application forms for the exemption granted by subsection (b) of this section and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application for any year thereafter and the

_____________GEORGIA LAWS 2001 SESSION__________4395
exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Conyers, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to municipal ad valorem taxes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2002. (h) An Act providing a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $7,000.00 of the assessed value of the homestead for each resident of the City of Conyers, approved April 19, 2000 (Ga. L. 2000, p. 3616), is repealed in its entirety effective on January 1, 2001.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Conyers shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of the City of Conyers for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2001, municipal election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Conyers. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a $10,000.00 homestead exemption from certain City of Conyers ad valorem taxes for
NO ( ) municipal purposes?"
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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Conyers. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

4396 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
LEGAL NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide homestead exemption from City of Conyers as valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is the lieu of and not in addition to any other homestead exemption; and for other purposes.
This 13th day of February, 2001.
-s- A. C. Bob Guhl Senator 45th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. C. "Bob" Guhl, who on oath deposes and says that he is the Senator from the 45th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County on the following date: February 22, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local

_____________GEORGIA LAWS 2001 SESSION__________4397
school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/A.C. "BOB"GUHL A. C. "Bob" Guhl Senator, 45th District
Sworn to and subscribed before me, this 23rd day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 19, 2001.
CITY OF FLOVILLA - MAYOR; COUNCIL; VACANCIES.
No. 181 (Senate Bill No. 193).
AN ACT
To amend an Act providing a new charter for the City of Flovilla, approved April 5, 1993 (Ga. L. 1993, p. 4663), so as to change the provisions relating to vacancies in the governing authority; 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 Flovilla, approved April 5, 1993 (Ga. L. 1993, p. 4663), is amended by striking subsection (b) of Section 2.12 thereof and inserting in its place the following:
*(b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance ofthe unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term.

4398 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II______
In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended.*
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
CITY OF FLOVILLA RESOLUTIONS 1-2001
WHEREAS, The Mayor and Council is the governing body of the City of Flovilla; and
WHEREAS, The Mayor and Council realize the need to amend the city charter Section 2.12:2(b) to read if such vacancy occurs within one year or less of the unexpired of the term of that office, the city council or those members remaining shall appoint a successor for the reminder of the term.
WHEREAS, It is necessary for local legislation to be introduced into the General Assembly.
BE IT THEREFOR RESOLVED, That the governing body of the City of Flovilla request Representative John Lunsford and Senator Mike Crotts to introduce the necessary legislation to provide for an amendment to the city charter for the City of Flovilla.
This 16th day of January 2001.
Harvey Norris s/ Harvey Norris, Mayor
Jacqueline Grier s/ Jacqueline Grier, Council member
T. J. Hall s/ T. J. Hall, Council member
Henry Henderson, Council member
Jennifer Thompson s/ Jennifer Thompson, Council member
Catherine Watson s/ Catherine Watson, Council member

_____________GEORGIA LAWS 2001 SESSION__________4399
Attest: Romela Freeman s/ Romela Freeman, City Clerk
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Flovilla, approved April 5, 1993 (Ga. L. 1993, p. 4663); and for other purposes.
This 5th day of February, 2001.
Semator Mike D. Crotts 17th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike D. Crotts, who on oath deposes and says that he is the Senator from the 17th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County on the following date: February 7, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

4400 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ MIKE D. CROTTS Mike D. Crotts Senator, 17th District
Sworn to and subscribed before me, this 13th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 19,2001.
CITY OF GRAHAM - MAYOR AND COUNCIL; ELECTIONS; TERMS.
No. 182 (House Bill No. 909).
AN ACT
To amend an Act incorporating and providing a new charter for the City of Graham, approved April 17, 1991 (Ga. L. 1991, p. 4770), so as to change the provisions relating to municipal elections; to change the provisions relating to the terms of office and the election of the mayor and councilmembers; to correct cross-references; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act incorporating and providing a new charter for the City of Graham, approved April 17, 1991 (Ga. L. 1991, p. 4770), is amended by striking subsection (b) of Section 2.10 and inserting in its place the following:
"(b) The mayor and councilmembers shall serve for terms of four years each and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the city, or territory included in the initial corporate limits of the city, for 12 months immediately preceding the municipal election. Each person shall

_____________GEORGIA LAWS 2001 SESSION__________4401
continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of the city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he or she desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file such notice within the time provided for in Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the 'Georgia Election Code.'"
SECTION 2. Said Act is further amended by striking subsection (b) of Section 2.11 and inserting in its place the following:
"(b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the 'Georgia Election Code.' Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the 'Georgia Election Code.' Any reference in this Act to Chapter 3 of Title 21 of the Official Code of Georgia Annotated, formerly known as the 'Georgia Municipal Election Code,' shall be deemed to mean and refer to the applicable provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the 'Georgia Election Code.'"
SECTION 3. Said Act is further amended by striking subsection (d) of Section 2.11 and inserting in its place the following:
"(d) The mayor and councilmembers in office on March 1, 2001, shall continue in office for the remainder of the terms to which they were elected, unless otherwise removed as provided by law. On the Tuesday next following the first Monday in November, 2001, and on that day every four years thereafter, there shall be an election for two councilmembers whose terms are expiring. On the Tuesday next following the first Monday in November, 2003, and on that day every four years thereafter, there shall be an election for the mayor and two councilmembers whose terms are expiring. The terms of the offices shall begin on January 1 following the date of the election."
SECTION 4. Said Act is further amended by striking Section 2.14 and inserting in its place the following:
"SECTION 2.14. Election by plurality.
The candidate for mayor receiving the highest number of votes cast for such

4402 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
office shall be elected. The two candidates for councilmembers receiving the highest number of votes cast for councilmembers in any such election shall be elected.*
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 2001 session of the General Assembly of Georgia a bill to amend an Act incorporating and providing a charter for the City of Graham, approved April 17, 1991 (Ga. L. 1991, p. 4770); and for other purposes.
This 7th day of March, 2001.
Mayor and Council of the City of Graham
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 the Representative from the 170th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Baxley News Banner which is the official organ of Appling County on the following date: March 7, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the

_____________GEORGIA LAWS 2001 SESSION__________4403
enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ ROGER C. BYRD Roger C. Byrd Representative, 170th District
Sworn to and subscribed before me, this 12th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 19,2001.
CARROLL COUNTY - SALES TAX FOR EDUCATION; DISTRIBUTION BETWEEN CARROLL COUNTY SCHOOL DISTRICT, CITY OF CARROLLTON SCHOOL SYSTEM, AND CITY OF BREMEN SCHOOL SYSTEM.
No. 183 (House Bill No. 910).
AN ACT
To provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the City of Carrollton School System and the City of Bremen School System; to provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution; 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:

4404 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 1. The net proceeds of the sales tax for educational purposes imposed in Carroll County pursuant to the election to be held on September 18, 2001, under the authority of Article VIII, Section VI, Paragraph IV of the Constitution shall be distributed as provided in this Act between the Carroll County School System and the independent school districts, or portion thereof, located in Carroll County. The Georgia Department of Revenue shall distribute the net proceeds of such tax to such school districts on the following basis: City of Bremen School System, 4.40 percent of the total net proceeds; City of Carrollton School System, 22.75 percent of the total net proceeds; and Carroll County School System, 72.85 percent of the total net proceeds. Each installment of the net proceeds for any period of collection shall be distributed by the Department of Revenue to the three school systems, with each system receiving its pro rata share according to the foregoing formula.
SECTION 2. This Act is enacted pursuant to the specific authority provided for in Article VIII, Section VI, Paragraph IV(g) of 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 2001 session of the General Assembly of Georgia a bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the City of Carrollton School System and the City of Bremen School System; to provide for authority under Article VII, Section VI, Paragraph IV of the Constitution; to provide for related matters; and for other purposes.
This 1st day of March, 2001.
s/ Thomas B. Murphy Representative Thomas B. Murphy, 18th District
s/ Tracy Stallings Representative Tracy Stallings, 100th District
s/ Jack E. West Representative Jack E. West, 101st District
GEORGIA, FULTON COUNTY

_____________GEORGIA LAWS 2001 SESSION__________4405
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tracy Stallings, who on oath deposes and says that he is the Representative from the 100th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Gateway Beacon which is the official organ of Haralson County on the following date: March 8, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TRACY STALLINGS Tracy Stallings Representative, 100th District
Sworn to and subscribed before me, this 12th day of March, 2001.
Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)

4406 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 2001 session of the General Assembly of Georgia a bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the City of Carrollton School System and the City of Bremen School System, to provide for authority under Article VII, Section VI, Paragraph IV of the Constitution; to provide for related matters; and for other purposes.
This 1st day of March, 2001
s/ Thomas B. Murphy Representative Thomas B. Murphy, 18th District
s/ Tracy Stallings Representative Tracy Stallings, 100th District
s/ Jack E. West Representative Jack E. West 101st District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tracy Stallings, who on oath deposes and says that he is the Representative from the 100th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times Georgian which is the official organ of Carroll County on the following date: March 3, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated

_____________GEORGIA LAWS 2001 SESSION__________4407
government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/TRACY STALLINGS Tracy Stallings Representative, 100th District
Sworn to and subscribed before me, this 12th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the City of Carrollton School System and the City of Bremen School System; to provide for authority under Article VII, Section VI, Paragraph IV of the Constitution; to provide for related matters; and for other purposes.
This 1st day of March, 2001.
s/ Thomas B. Murphy Representative Thomas B. Murphy, 18th District
s/ Tracy Stallings Representative Tracy Stallings, 100th District

4408 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. 11_____
s/ Jack E. West Representative Jack E. West, 101 st District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tracy Stallings, who on oath deposes and says that he is the Representative from the 100th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Gateway Beacon which is the official organ of Haralson County on the following date: March 8, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TRACY STALLINGS Tracy Stallings Representative, 100th District
Sworn to and subscribed before me, this 12th day of March, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4409
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the City of Carrollton School System and the City of Bremen School System; to provide for authority under Article VII, Section VI, Paragraph IV of the Constitution; to provide for related matters; and for other purposes.
This 1st day of March, 2001.
s/ Thomas B. Murphy Representative Thomas B. Murphy, 18th District
s/ Tracy Stallings Representative Tracy Stallings, 100th District
s/ Jack E. West Representative Jack E. West, 101st District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tracy Stallings, who on oath deposes and says that he is the Representative from the 100th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times Georgian which is the official organ of Carroll County on the following date: March 3, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

4410 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TRACY STALLINGS Tracy Stallings Representative, 100th District
Sworn to and subscribed before me, this 12th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 19, 2001.
MEALS ON WHEELS DAY IN CHATHAM COUNTY - DESIGNATED.
No. 17 (House Resolution No. 413).
A RESOLUTION
Designating Meals on Wheels Day in Chatham County; and for other purposes.
WHEREAS, Senior Citizens, Inc., has provided Meals on Wheels in Chatham County for 41 years; and
WHEREAS, proper nutrition is essential to long-term health; and

_____________GEORGIA LAWS 2001 SESSION__________4411
WHEREAS, Senior Citizens, Inc., has been recognized by the Meals on Wheels Association of America as meeting the high standards of Meals on Wheels programs; and
WHEREAS, every weekday, more than 1,400 hot, nutritious lunches are prepared and delivered by Meals on Wheels to seniors in the community; and
WHEREAS, more than 120 community volunteers deliver Meals on Wheels to seniors, providing food and fellowship; and
WHEREAS, 108,000 meals are delivered annually to Chatham County seniors; and
WHEREAS, in 2000, the U. S. Census Bureau recognized a 41 percent increase in seniors in the coastal area.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Tuesday, May 1, 2001, is declared as Meals on Wheels Day in Chatham County.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to Senior Citizens, Inc.
Approved April 19,2001.
SAVANNAH-CHATHAM COUNTY GOVERNMENTAL CONSOLIDATION STUDY COMMITTEE - CREATION.
No. 27 (House Resolution No. 457).
A RESOLUTION
Creating the Savannah-Chatham County Governmental Consolidation Study Committee; providing for membership by appointees of the affected local governments and other members; providing for meetings and operations; and for other purposes.
WHEREAS, the consolidation of local governments or local governmental services may present opportunities for improvements in governmental economy and efficiency, as well as improvements in service delivery; and
WHEREAS, there exists a need for a study to determine whether such consolidation of governmental units or services or both could provide such improvements in the

4412 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
City of Savannah and Chatham County.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Savannah-Chatham County Governmental Consolidation Study Committee to be composed of 12 members as follows: two members who shall not hold any elected office who shall be appointed by the governing authority of the City of Savannah; two members who shall not hold any elected office who shall be appointed by the governing authority of Chatham County; and eight members who shall be appointed one each by the members of the General Assembly representing Chatham County in the General Assembly. No municipality in Chatham County other than Savannah shall be represented on the committee. The cochairs of the committee shall be designated one each by the governing authorities of Chatham County and Savannah. The cochairs shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the members of the General Assembly representing Chatham County in the General Assembly shall receive notice of all meetings of the committee and shall be entitled to attend all meetings of the committee as additional ex officio, nonvoting, advisory members thereof.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related. Such study shall include a thorough examination of all current consolidated governments in this state. The committee shall prepare a report which includes a recommendation as to whether a form of consolidation is appropriate and desirable for Savannah and Chatham County, and, if so, what forms would be appropriate and desirable. The committee shall not consider or make recommendations with respect to any municipality in Chatham County except Savannah. The committee may seek the advice and assistance of whatever sources of information and expertise it deems appropriate, including but not limited to the Carl Vinson Institute of Government and a facilitator. The committee shall recommend any other action or legislation relative to consolidation which it deems necessary or appropriate. The members of the committee shall receive no compensation or expenses for their services. The committee shall provide a report of its findings and recommendations, with suggestions for proposed legislation, if any, to each member of the Chatham County legislative delegation. Such reports shall be made on or before December 31,2001. The committee shall stand abolished on midnight December 31, 2001.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 Session of the General Assembly of Georgia, a resolution creating the Savannah-Chatham County Governmental Consolidation STUDY COMMITTEE; providing for membership by appointees of the affected local governments and other members; providing for meetings and operations; and for other purposes.

_____________GEORGIA LAWS 2001 SESSION__________4413
This 22nd day of February, 2001.
Rep. Burke Day 153rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burke Day, who on oath deposes and says that he is the Representative from the 153rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on the following date: February 24, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_____ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BURKE DAY Burke Day Representative, 153rd District

4414 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 2nd day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 20, 2001.
BARTOW COUNTY - COMMISSIONER; COMPENSATION.
No. 200 (House Bill No. 833).
AN ACT
To amend 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 22, 1990 (Ga. L. 1990, p. 4339), so as to change the compensation of the commissioner; to provide for a cost-of-living adjustment; to provide for a longevity adjustment; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4339), is amended by striking Section 16 of said Act and inserting in its place the following:
"SECTION 16. (a) The commissioner of Bartow County shall receive a base salary of $75,000.00 per annum, to be paid in at least equal monthly installments from the funds of Bartow County. (b) Beginning on January 1, 2002, and on the first day of January of each year thereafter, the base salary of the commissioner shall be increased by 4 percent. (c) The commissioner shall also receive a longevity increase determined by multiplying the sum of the amounts in subsections (a) and (b) of this section by the percentage that equals 5 percent times the number of completed four-year terms of office served by the commissioner after January 1,1989, effective on the first day of January following the completion of each four-year term of office."

_____________GEORGIA LAWS 2001 SESSION__________4415
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
A RESOLUTION OF THE COUNTY COMMISSIONER OF BARTOW COUNTY SITTING FOR COUNTY PURPOSES FOR THE PURPOSE OF ADDRESSING THE IMPACT OF SALARY ADJUSTMENT DURING THE CURRENT BUDGET AND FOR OTHER PURPOSES AT THE REGULAR MEETING OF THE COMMISSIONER OF BARTOW COUNTY ON FEBRUARY 21,2001.
WHEREAS; Bartow County is part of a fast growing region that, over the last decade has seen a substantial increase in population and demand for public services; and
WHEREAS; many of these services and functions are managed by the County Commissioner, who acts as the governing authority of the County with very important legislative and administrative responsibilities; and
WHEREAS; the salary of this office is determined by the Georgia General Assembly; and
WHEREAS; members of the local delegation have asked that the Commissioner address the impact of any salary adjustments for local officials enacted during this current budget; and
WHEREAS; members of the local delegation to the General Assembly have the authority to set salary adjustments for the Bartow County Commissioner.
NOW THEREFORE BE IT RESOLVED AND IT HEREBY IS RESOLVED that the Commissioner of Bartow County commits that the County's adopted budget contains adequate funding to support said salary adjustment as approved by the Bartow County delegation to the Georgia General Assembly in the FY 01 budget.
BE IT FURTHER RESOLVED; that it is requested that said salary adjustment be effective upon March 1, 2001 or upon the Governor's signature, whichever is earlier.
SO ADOPTED this 21 st day of February, 2001.

4416 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____

ATTEST:

BARTOW COUNTY, GEORGIA

s/ Lane McMillan Lane McMillan, Clerk

by: s/ Clarence Brown Clarence Brown, Commissioner

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2001 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, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4339), so as to change the provisions relating to the compensation of the commissioner and for other purposes.

This 27 day of February, 2001.

(s) Jeff Lewis State Representative
14th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Lewis, who on oath deposes and says that he is the Representative from the 14th District and further deposes and says as follows:

(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Daily Tribune News which is the official organ of Bartow County on the following date: March 1, 2001.

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

___A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

____________GEORGIA LAWS 2001 SESSION__________4417
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JEFF LEWIS Jeff Lewis Representative, 14th District
Sworn to and subscribed before me, this 1 st day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 20, 2001.
CITY OF SAVANNAH - HOMESTEAD EXEMPTION; CITY TAXES; ELIGIBILITY.
No. 201 (House Bill No. 862).
AN ACT
To amend an Act providing for an adjusted base year assessed value homestead exemption from City of Savannah ad valorem taxes for municipal purposes, approved April 13, 1999 (Ga. L. 1999, p. 4223), so as to provide for eligibility without application; to change certain provisions regarding administration; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for an adjusted base year assessed value homestead exemption from City of Savannah ad valorem taxes for municipal purposes, approved April 13,

4418 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
1999 (Ga. L. 1999, p. 4223), is amended by striking subsection (c) of Section 1 and inserting in its place the following:
"(c) Any person who, as of December 31, 2000, has applied for and is eligible to receive the $2,000.00 state-wide homestead exemption granted under Code Section 48-5-44 of the O.C.G.A., as amended, shall be eligible automatically for the exemption granted by this Act without applying therefor. Otherwise, a person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Savannah, or the designee thereof, giving such information relative to receiving such exemption as will enable such governing authority or designee thereof to make a determination as to whether such owner is entitled to such exemption."
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 2001 Session of the General Assembly of Georgia a bill to amend an Act providing for an adjusted base year assessed value homestead exemption from City of Savannah ad valorem taxes for municipal purposes, approved April 13, 1999 (Ga. L. 1999, p. 4223); and for other purposes.
This 3rd day of March, 2001.
Rep. Burke Day 153rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burke Day, who on oath deposes and says that he is the Representative from the 153rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on the following date: March 3, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required

_____________GEORGIA LAWS 2001 SESSION__________4419
by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BURKE DAY Burke Day Representative, 153rd District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 20, 2001.
CITY OF VERNONBURG - HOMESTEAD EXEMPTION; CITY TAXES; ELIGIBILITY.
No. 202 (House Bill No. 863).
AN ACT
To amend an Act providing for an adjusted base year assessed value homestead exemption from City of Vernonburg ad valorem taxes for municipal purposes, approved May 1, 2000 (Ga. L. 2000, p. 4592), so as to provide for eligibility

4420 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
without application; to change certain provisions regarding administration; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for an adjusted base year assessed value homestead exemption from City of Vernonburg ad valorem taxes for municipal purposes, approved May 1, 2000 (Ga. L. 2000, p. 4592), is amended by striking subsection (c) of Section 1 and inserting in its place the following:
*(c) Any person who, as of December 31, 2000, has applied for and is eligible to receive the $2,000.00 state-wide homestead exemption granted under Code Section 48-5-44 of the O.C.G.A., as amended, shall be eligible automatically for the exemption granted by this Act without applying therefor. Otherwise, a person shall not receive the homestead exemption granted by subsection (b) of this section unless the person orperson's agent files an application with the governing authority of the City of Vernonburg, or the designee thereof, giving such information relative to receiving such exemption as will enable such governing authority or designee thereof to make a determination as to whether such owner is entitled to such exemption.'
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 2001 Session of the General Assembly of Georgia a bill to amend an Act providing for an adjusted base year assessed value homestead exemption from City of Vernonburg ad valorem taxes for municipal purposes, approved May 1, 2000, (Ga. L. 2000, p. 4592); and for other purposes.
This 3rd day of March, 2001.
Rep. Burke Day 153rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burke Day, who on oath deposes and says that he is the Representative from the 153rd District and further deposes and says as follows:

_____________GEORGIA LAWS 2001 SESSION__________4421
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on the following date: March 3, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
__ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BURKE DAY Burke Day Representative, 153rd District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 20, 2001.

4422 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF GARDEN CITY - HOMESTEAD EXEMPTION; CITY TAXES; ELIGIBILITY.
No. 203 (House Bill No. 864).
AN ACT
To amend an Act providing for an adjusted base year assessed value homestead exemption from City of Garden City ad valorem taxes for municipal purposes, approved April 12, 1999 (Ga. L. 1999, p. 4185), so as to provide for eligibility without application; to change certain provisions regarding administration; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for an adjusted base year assessed value homestead exemption from City of Garden City ad valorem taxes for municipal purposes, approved April 12, 1999 (Ga. L. 1999, p. 4185), is amended by striking subsection (c) of Section 1 and inserting in its place the following:
"(c) Any person who, as of December 31, 2000, has applied for and is eligible to receive the $2,000.00 state-wide homestead exemption granted under Code Section 48-5-44 of the O.C.G.A., as amended, shall be eligible automatically for the exemption granted by this Act without applying therefor. Otherwise, a person shall not receive the homestead exemption granted by subsection (b) of this section unless the person orperson's agent files an application with the governing authority of the City of Garden City, or the designee thereof, giving such information relative to receiving such exemption as will enable such governing authority or designee thereof to make a determination as to whether such owner is entitled to such exemption.'
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 2001 Session of the General Assembly of Georgia a bill to amend an Act providing for an adjusted base year assessed value homestead exemption from City of Garden City ad valorem taxes for municipal purposes, approved April 12, 1999 (Ga. L. 1999, p. 4185); and for other purposes.
This 3rd day of March, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4423
Rep. Burke Day 153rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burke Day, who on oath deposes and says that he is the Representative from the 153rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on the following date: March 3, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1 14.1.
s/ BURKE DAY Burke Day Representative, 153rd District
Sworn to and subscribed before me, this 5th day of March, 2001.

4424 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 20, 2001.
CITY OF TYBEE ISLAND - HOMESTEAD EXEMPTION; CITY TAXES; ELIGIBILITY.
No. 204 (House Bill No. 865).
AN ACT
To amend an Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, approved April 20,2000 (Ga. L. 2000, p. 4511), so as to provide for eligibility without application; to change certain provisions regarding administration; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, approved April 20, 2000 (Ga. L. 2000, p. 4511), is amended by striking subsection (c) of Section 1 and inserting in its place the following:
"(c) Any person who, as of December 31, 2000, has applied for and is eligible to receive the $2,000.00 state-wide homestead exemption granted under Code Section 48-5-44 of the O.C.G.A., as amended, shall be eligible automatically for the exemption granted by this Act without applying therefor. Otherwise, a person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Tybee Island, or the designee thereof, giving such information relative to receiving such exemption as will enable such governing authority or designee thereof to make a determination as to whether such owner is entitled to such exemption."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

_____________GEORGIA LAWS 2001 SESSION__________4425
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 Session of the General Assembly of Georgia a bill to amend an Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, approved April 20, 2000 (Ga. L. 2000, p. 4511); and for other purposes.
This 3rd day of March, 2001.
Rep. Burke Day 153rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burke Day, who on oath deposes and says that he is the Representative from the 153rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on the following date: March 3, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed

4426 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BURKE DAY Burke Day Representative, 153rd District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 20, 2001.
CITY OF POOLER - HOMESTEAD EXEMPTION; CITY TAXES; ELIGIBILITY.
No. 205 (House Bill No. 866).
AN ACT
To amend an Act providing for a base year assessed value homestead exemption from City of Pooler ad valorem taxes for municipal purposes, approved April 20, 2000 (Ga. L. 2000, p. 4506), so as to provide for eligibility without application; to change certain provisions regarding administration; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a base year assessed value homestead exemption from City of Pooler ad valorem taxes for municipal purposes, approved April 20, 2000 (Ga. L. 2000, p. 4506), is amended by striking subsection (c) of Section 1 and inserting in its place the following:
"(c) Any person who, as of December 31, 2000, has applied for and is eligible to receive the $2,000.00 state-wide homestead exemption granted under Code Section 48-5-44 of the O.C.G.A., as amended, shall be eligible automatically for the exemption granted by this Act without applying therefor. Otherwise, a person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing

_____________GEORGIA LAWS 2001 SESSION__________4427
authority of the City of Pooler, or the designee thereof, giving such information relative to receiving such exemption as will enable such governing authority or designee thereof to make a determination as to whether such owner is entitled to such exemption.'
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 2001 Session of the General Assembly of Georgia a bill to amend an Act providing for a base year assessed value homestead exemption from City of Pooler ad valorem taxes for municipal purposes, approved April 20,2000 (Ga. L. 2000, p. 4506); and for other purposes.
This 3rd day of March, 2001.
Rep. Burke Day 153rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burke Day, who on oath deposes and says that he is the Representative from the 153rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on the following date: March 3, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

4428 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BURKE DAY Burke Day Representative, 153rd District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 20, 2001.
CITY OF BLOOMINGDALE - HOMESTEAD EXEMPTION; CITY TAXES; ELIGIBILITY.
No. 206 (House Bill No. 867).
AN ACT
To amend an Act providing for a base year assessed value homestead exemption from City of Bloomingdale ad valorem taxes for municipal purposes, approved April 20, 2000 (Ga. L. 2000, p. 4515), so as to provide for eligibility without application; to change certain provisions regarding administration; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a base year assessed value homestead exemption from City ofBloomingdale ad valorem taxes for municipal purposes, approved April 20,2000

_____________GEORGIA LAWS 2001 SESSION__________4429
(Ga. L. 2000, p. 4515), is amended by striking subsection (c) of Section 1 and inserting in its place the following:
'(c) Any person who, as of December 31, 2000, has applied for and is eligible to receive the $2,000.00 state-wide homestead exemption granted under Code Section 48-5-44 of the O.C.G.A., as amended, shall be eligible automatically for the exemption granted by th is Act without applying therefor. Otherwise, a person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Bloomingdale, or the designee thereof, giving such information relative to receiving such exemption as will enable such governing authority or designee thereof to make a determination as to whether such owner is entitled to such exemption."
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 2001 Session of the General Assembly of Georgia a bill to amend an Act providing for a base year assessed value homestead exemption from City of Bloomingdale ad valorem taxes for municipal purposes, approved April 20, 2000 (Ga. L. 2000, p. 4515); and for other purposes.
This 3rd day of March, 2001.
Rep. Burke Day 153rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burke Day, who on oath deposes and says that he is the Representative from the 153rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on the following date: March 3, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required

4430 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BURKE DAY Burke Day Representative, 153rd District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 20, 2001.
CHATHAM COUNTY - HOMESTEAD EXEMPTION; COUNTY TAXES; ELIGIBILITY.
No. 207 (House Bill No. 868).
AN ACT
To amend an Act providing for a base year assessed value homestead exemption from Chatham County ad valorem taxes for county purposes, approved April 12, 1999 (Ga. L. 1999, p. 4211), so as to provide for eligibility without application; to

____________GEORGIA LAWS 2001 SESSION__________4431
provide for administration by the tax receiver; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a base year assessed value homestead exemption from Chatham County ad valorem taxes for county purposes, approved April 12, 1999 (Ga. L. 1999, p. 4211), is amended by striking subsections (c), (d), and (e) of Section 1 and inserting in its place the following:
'(c) Any person who, as of December 31, 2000, has applied for and is eligible to receive the $2,000.00 state-wide homestead exemption granted under Code Section 48-5-44 of the O.C.G.A., as amended, shall be eligible automatically for the exemption granted by this Act without applying therefor. Otherwise, a person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax receiver of Chatham County giving such information relative to receiving such exemption as will enable the tax receiver to make a determination as to whether such owner is entitled to such exemption. (d) The tax receiver of Chatham County shall provide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax receiver of the county or the designee thereof in the event that person for any reason becomes ineligible for that exemption.'
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 2001 Session of the General Assembly of Georgia a bill to amend an Act providing for a base year assessed value homestead exemption from Chatham County ad valorem taxes for county purposes, approved April 12, 1999 (Ga. L. 1999, p. 4211); and for other purposes.

4432 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
This 3rd day of March, 2001.
Rep. Burke Day 153rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burke Day, who on oath deposes and says that he is the Representative from the 153rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on the following date: March 3, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BURKE DAY Burke Day Representative, 153rd District

_____________GEORGIA LAWS 2001 SESSION__________4433
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 20, 2001.
CITY OF PORT WENTWORTH - HOMESTEAD EXEMPTION; CITY TAXES; ELIGIBILITY.
No. 208 (House Bill No. 869).
AN ACT
To amend an Act providing for a base year assessed value homestead exemption from City of Port Wentworth ad valorem taxes for municipal purposes, approved April 20, 2000 (Ga. L. 2000, p. 4520), so as to provide for eligibility without application; to change certain provisions regarding administration; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a base year assessed value homestead exemption from City of Port Wentworth ad valorem taxes for municipal purposes, approved April 20, 2000 (Ga. L. 2000, p. 4520), is amended by striking subsection (c) of Section 1 and inserting in its place the following:
"(c) Any person who, as of December 31, 2000, has applied for and is eligible to receive the $2,000.00 state-wide homestead exemption granted under Code Section 48-5-44 of the O.C.G.A., as amended, shall be eligible automatically for the exemption granted by this Act without apply ing therefor. Otherwise, a person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Port Wentworth, or the designee thereof, giving such information relative to receiving such exemption as will enable such governing authority or designee thereof to make a determination as to whether such owner is entitled to such exemption."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

4434 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 2001 Session of the General Assembly of Georgia a bill to amend an Act providing for a base year assessed value homestead exemption from City of Port Wentworth ad valorem taxes for municipal purposes, approved April 20,2000 (Ga. L. 2000, p. 4520); and for other purposes.
This 3rd day of March, 2001.
Rep. Burke Day 153rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burke Day, who on oath deposes and says that he is the Representative from the 153rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on the following date: March 3, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed

_____________GEORGIA LAWS 2001 SESSION__________4435
is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BURKE DAY Burke Day Representative, 153rd District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 20, 2001.
CITY OF THUNDERBOLT - HOMESTEAD EXEMPTION; CITY TAXES; ELIGIBILITY.
No. 209 (House Bill No. 870).
AN ACT
To amend an Act providing for an adjusted base year assessed value homestead exemption from City of Thunderbolt ad valorem taxes for municipal purposes, approved April 13, 1999 (Ga. L. 1999, p. 4219), so as to provide for eligibility without application; to change certain provisions regarding administration; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for an adjusted base year assessed value homestead exemption from City of Thunderbolt ad valorem taxes for municipal purposes, approved April 13, 1999 (Ga. L. 1999, p. 4219), is amended by striking subsection (c) of Section 1 and inserting in its place the following:
"(c) Any person who, as of December 31, 2000, has applied for and is eligible to receive the $2,000.00 state-wide homestead exemption granted under Code Section 48-5-44 ofthe O.C.G.A., as amended, shall be eligible automatically for the exemption granted by this Act without applying therefor. Otherwise, a person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing

4436 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
authority of the City of Thunderbolt, or the designee thereof, giving such information relative to receiving such exemption as will enable such governing authority or designee thereof to make a determination as to whether such owner is entitled to such exemption."
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 2001 Session of the General Assembly of Georgia a bill to amend an Act providing for an adjusted base year assessed value homestead exemption from City of Thunderbolt ad valorem taxes for municipal purposes, approved April 13, 1999 (Ga. L. 1999, p. 4219); and for other purposes.
This 3rd day of March, 2001.
Rep. Burke Day 153rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burke Day, who on oath deposes and says that he is the Representative from the 153rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on the following date: March 3, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

_____________GEORGIA LAWS 2001 SESSION__________4437
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BURKE DAY Burke Day Representative, 153rd District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 20, 2001.
CHATHAM COUNTY - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; ELIGIBILITY.
No. 210 (House Bill No. 871).
AN ACT
To amend an Act providing for an adjusted base year assessed value homestead exemption from Chatham County and City of Savannah School District ad valorem taxes for educational purposes, approved April 12, 1999 (Ga. L. 1999, p. 4215), so as to provide for eligibility without application; to provide for administration by the tax receiver; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for an adjusted base year assessed value homestead exemption from Chatham County and City of Savannah School District ad valorem taxes for

4438 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
educational purposes, approved April 12,1999 (Ga. L. 1999, p. 4215), is amended by striking subsections (c), (d), and (e) and inserting in their place the following:
"(c) Any person who, as of December 31, 2000, has applied for and is eligible to receive the $2,000.00 state-wide homestead exemption granted under Code Section 48-5-44 of the O.C.G.A., as amended, shall be eligible automatically for the exemption granted by this Act without applying therefor. Otherwise, a person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax receiver of Chatham County giving such information relative to receiving such exemption as will enable the tax receiver to make a determination as to whether such owner is entitled to such exemption. (d) The tax receiver of Chatham County shall provide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibi lity of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax receiver of the county or the designee thereof in the event that person for any reason becomes ineligible for that exemption."
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 2001 Session of the General Assembly of Georgia a bill to amend an Act providing for an adjusted base year assessed value homestead exemption from Chatham County and City of Savannah School District ad valorem taxes for educational purposes, approved April 12, 1999 (Ga. L. 1999, p. 4215); and for other purposes.
This 3rd day of March, 2001.
Rep. Burke Day 153rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to

____________GEORGIA LAWS 2001 SESSION__________4439
administer oaths, Burke Day, who on oath deposes and says that he is the Representative from the 153rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on the following date: March 3, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
_____ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BURKE DAY Burke Day Representative, 153rd District
Sworn to and subscribed before me, this 5th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 20, 2001.

4440 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
CITY OF ATLANTA - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM.
No. 224 (House Bill No. 923).
AN ACT
To provide for a homestead exemption from all City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or older or disabled and whose annual household income does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in 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 City of Atlanta independent school district, including, but not limited to, taxes to pay interest on and to retire independent school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Income" means Georgia taxable net income for state income tax purposes. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of the City of Atlanta independent school district who is a senior citizen or who is disabled is granted an exemption on that person's homestead from all City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of that homestead if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. The value of the property in excess of such exempted amount shall remain subject to taxation. (c)(l) In order to qualify for the disability exemption provided for in subsection (b) of this section, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed

_____________GEORGIA LAWS 2001 SESSION__________4441
and that such incapacity is likely to be permanent. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an affidavit and application with the governing authority of the City of Atlanta, or the designee thereof, giving:
(A) The person's age, the amount of income which the person and the person's spouse residing within such homestead received during the last taxable year; (B) If disabled, the certificate or certificates required by paragraph (1) of this subsection; and (C) Such information relative to receiving such exemption as will enable the governing authority of the City of Atlanta, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption, (d) The governing authority of the City of Atlanta, or the designee thereof, shall provide affidavit and application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 485-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, affidavit, and certificate, if required, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Atlanta, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, municipal ad valorem taxes for municipal purposes, county ad valorem taxes for county purposes, or county school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to independent school district ad valorem taxes for educational purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2002.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Atlanta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Atlanta independent school district for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the

4442 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
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 be approved which provides a homestead exemption from all City of Atlanta independent school district ad valorem taxes
NO ( ) for educational purposes in the amount of$25,000.00 ofthe assessed value of the homestead for certain residents of that school district who are 65 years of age or older or disabled and whose annual household income does not exceed $25,000.00?"
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 onehalf 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 on January 1, 2002. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by the City of Atlanta. It shall be the municipal election superintendent's duty to certify the result thereofto the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 give that there will be introduced at the regular 2001 session of the General Assemble of Georgia a bill to provide for a homestead exemption from all City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or older or disabled and whose annual household income does not exceed $25,000.00; to provide for definitions to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 8 day of March, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4443
/s/ Representative Jo Ann McClinton 68th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, JoAnn McClinton, who on oath deposes and says that she is the Representative from the 68th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on the following date: March 8, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JOANN MCCLINTON JoAnn McClinton Representative, 68th District
Sworn to and subscribed before me, this 12th day of March, 2001.

4444 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 26, 2001.
COBB JUDICIAL CIRCUIT - JUDGES; SALARY SUPPLEMENTS.
No. 230 (House Bill No. 312).
AN ACT
To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chiefjudge ofsaid circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, is amended by striking in their entirety subsections (a) and (b) of Section 4H and inserting in lieu thereof the following:
"(a) Each judge of the Superior Court of the Cobb Judicial Circuit shall receive an annual supplement of $34,218.00, payable in equal monthly installments from the funds of Cobb County. (b) In addition to the supplement provided for in subsection (a) of this section, the chief judge of the Superior Court of the Cobb Judicial Circuit shall receive $5,800.00 annually, payable in equal monthly installments from the funds of Cobb County.'
SECTION 2. This Act shall become effective on October 1, 2001.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

GEORGIA LAWS 2001 SESSION

4445

COBB COUNTY BOARD OF COMMISSIONERS RESOLUTION

WHEREAS: Cobb County is part of a fast-growing region that; over the last decade, has seen a substantial increase in population and demand for public services; and

WHEREAS: These services and functions are managed by elected officials who hold very important legislated responsibilities; and

WHEREAS: The salaries for these separate and independent offices are determined by the Georgia General Assembly; and

WHEREAS:

Members of the local delegation to the General Assembly have asked that the Board of Commissioners address the impact of any salary adjustments for local officials enacted during this current budget; and

WHEREAS: Members of the local delegation to the General Assembly have authority to set salary increases for the following positions attached thereto; now

THEREFORE: Be it Resolved, that we, the Cobb County Board ofCommissioners, hereby commits that the county's adopted budget contains adequate funding to support salary adjustments as approved by the Cobb Delegation to the Georgia General Assembly in the FY01 Budget. We further request that all the above salary increases be effected upon July 1, 2001 or upon the Governor's signature, whichever is earlier.

This, the 13th day of February 2001.

s/ William J. Bvrne Chairman

The following positions are those that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases.

District Commissioners (4) Commission Chairman Administrative Specialist, Tax Commissioner Executive Secretary, Tax Commissioner Deputy Tax Commissioner Tax Commissioner Executive Assistant to the Sheriff

4446 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
Chief Investigator Sheriff Chief Deputy Sheriff Sheriff Probate Court Clerk Probate Judge Juvenile Court Judge Presiding Juvenile Court Judge Magistrate Judge Chief Deputy Clerk State Court State Court Clerk Solicitor Investigator Assistant Solicitor Chief Assistant Solicitor Solicitor State Court Division II Judges (4) State Court Judges (6) Senior Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk District Attorney Investigator District Attorney Chief Investigator Assistant District Attorney Superior Court Judges (8) Senior Judge Superior Court
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended; and for other purposes.
This 22nd day of January, 2001.
Representative Earl Ehrhart
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Ehrhart, who on oath deposes and says that he is the Representative from the 36th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County

_____________GEORGIA LAWS 2001 SESSION__________4447
on the following date: January 26, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ EARL EHRHART Earl Ehrhart Representative, 36th District
Sworn to and subscribed before me, this 29th day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.

4448 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
COBB COUNTY - STATE COURT; CLERK; CHIEF DEPUTY CLERK; COMPENSATION.
No. 231 (House Bill No. 677). AN ACT
To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3736), so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3736), is amended by striking paragraph (4) of subsection (b) of Section 17 and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) The salary of the chief deputy clerk shall be $66,139.74 to be paid in equal monthly installments from funds of Cobb County."
SECTION 2. Said Act is further amended by striking in its entirety Section 23 and inserting in lieu thereof the following:
"The clerk of the State Court of Cobb County shall receive an annual salary of $80,704.71 payable in equal monthly installments from the funds of Cobb County."
SECTION 3. This Act shall become effective July 1, 2001.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
COBB COUNTY BOARD OF COMMISSIONERS RESOLUTION
WHEREAS: Cobb County is part of a fast-growing region that; over the last decade, has seen a substantial increase in population and demand for public services; and
WHEREAS: These services and functions are managed by elected officials who hold very important legislated responsibilities; and

GEORGIA LAWS 2001 SESSION

4449

WHEREAS: The salaries for these separate and independent offices are determined by the Georgia General Assembly; and

WHEREAS:

Members of the local delegation to the General Assembly have asked that the Board of Commissioners address the impact of any salary adjustments for local officials enacted during this current budget; and

WHEREAS: Members of the local delegation to the General Assembly have authority to set salary increases for the following positions attached thereto; now

THEREFORE: Be it Resolved, that we, the Cobb County Board of Commissioners, hereby commits that the county's adopted budget contains adequate funding to support salary adjustments as approved by the Cobb Delegation to the Georgia General Assembly in the FY01 Budget. We further request that all the above salary increases be effected upon July 1, 2001 or upon the Governor's signature, whichever is earlier.

This, the 13th day of February 2001.

s/ William J. Byrne CHAIRMAN

s/ Billy L. Askea District 1

s/ Samuel S. Olens District 3

s/ Joe L. Thompson District 2

s/ George W. Thompson, Jr. District 4

The following positions are those that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases.

District Commissioners (4) Commission Chairman Administrative Specialist, Tax Commissioner Executive Secretary, Tax Commissioner Deputy Tax Commissioner Tax Commissioner Executive Assistant to the Sheriff Chief Investigator Sheriff Chief Deputy Sheriff Sheriff Probate Court Clerk

4450 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
Probate Judge Juvenile Court Judge Presiding Juvenile Court Judge Magistrate Judge Chief Deputy Clerk State Court State Court Clerk Solicitor Investigator Assistant Solicitor Chief Assistant Solicitor Solicitor State Court Division II Judges (4) State Court Judges (6) Senior Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk District Attorney Investigator District Attorney Chief Investigator Assistant District Attorney Superior Court Judges (8) Senior Judge Superior Court
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 Session of the General Assembly of Georgia a bill to amend and Act creating the Civil and Criminal Court of Cobb County (later known as the State Court of Cobb County), approved March 26,1964 (Ga. L. 1964, p. 3211), as amended; to provide for related matters, and for other purposes.
This 31 st day of January, 2001.
Cobb County Delegation BY: Don Wix, Secretary
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Judy Manning, who on oath deposes and says that she is the Representative from the 32nd District and further deposes and says as follows:
(1) That the attached 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 2, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4451
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resol ution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JUDY MANNING Judy Manning Representative, 32nd District
Sworn to and subscribed before me, this 14th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.

4452 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. 11____
COBB COUNTY - SHERIFF; CHIEF DEPUTY SHERIFF, CHIEF INVESTIGATOR, AND EXECUTIVE ASSISTANT; COMPENSATION.
No. 232 (House Bill No. 753).
AN ACT
To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3836), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; 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 changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 19,2000 (Ga. L. 2000, p. 3836), is amended by striking subsections (b), (c), and (d) of Section 5 and inserting in lieu thereof new subsections (b), (c), and (d) of Section 5 to read as follows:
'(b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $91,010.70 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy sheriff shall possess the same qualifications for office as required for the sheriff. 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 or she 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 or her chief deputy sheriff. In the event the office of sheriff becomes vacant by death, resignation, or otherwise, the vacancy shall be filled until the next general election by 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 authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. In addition to said chief deputy, said sheriff shall be authorized to name and appoint such 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 said governing authority of Cobb County. In addition to said chief deputy and other deputies provided for above, the sheriff of Cobb County shall be authorized

_____________GEORGIA LAWS 2001 SESSION__________4453
to employ the clerical help necessary to perform properly the functions and duties of his or her office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. (c) In addition to those employees provided for by subsection (b) of this section, there is created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff, shall be under his or her direct supervision 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 its equivalent and shall either be a graduate of the Federal Bureau of Investigation's 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 or have a master's degree from an accredited college or university. The salary of the chief investigator shall be $82,579.30 per annum, to be paid in equal monthly installments from the funds of Cobb County. (d) In addition to those employees provided for in subsections (b) and (c) of this section, there is created the position of executive assistant to the sheriff. The executive assistant shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The sheriff shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive assistant. The salary of the executive assistant shall be $49,636.65 per annum, to be paid in equal monthly installments from the funds of Cobb County."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
COBB COUNTY BOARD OF COMMISSIONERS RESOLUTION
WHEREAS: Cobb County is part of a fast-growing region that; over the last decade, has seen a substantial increase in population and demand for public services; and
WHEREAS: These services and functions are managed by elected officials who hold very important legislated responsibilities; and
WHEREAS: The salaries for these separate and independent offices are determined by the Georgia General Assembly; and

4454 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____

WHEREAS:

Members of the local delegation to the General Assembly have asked that the Board of Commissioners address the impact of any salary adjustments for local officials enacted during this current budget; and

WHEREAS: Members of the local delegation to the General Assembly have authority to set salary increases for the following positions attached thereto; now

THEREFORE: Be it Resolved, that we, the Cobb County Board of Commissioners, hereby commits that the county's adopted budget contains adequate funding to support salary adjustments as approved by the Cobb Delegation to the Georgia General Assembly in the FY01 Budget. We further request that all the above salary increases be effected upon July 1, 2001 or upon the Governor's signature, whichever is earlier.

This, the 13th day of February 2001.

s/ William J. Byrne Chairman

s/ Billy L. Askea District 1

s/ Samuel S. Olens District 3

s/Joe L. Thompson District 2

s/George W. Thompson, Jr. District 4

The following positions are those that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases.

District Commissioners (4) Commission Chairman Administrative Specialist, Tax Commissioner Executive Secretary, Tax Commissioner Deputy Tax Commissioner Tax Commissioner Executive Assistant to the Sheriff Chief Investigator Sheriff Chief Deputy Sheriff Sheriff Probate Court Clerk Probate Judge Juvenile Court Judge Presiding Juvenile Court Judge

___________GEORGIA LAWS 2001 SESSION__________4455
Magistrate Judge Chief Deputy Clerk State Court State Court Clerk Solicitor Investigator Assistant Solicitor Chief Assistant Solicitor Solicitor State Court Division II Judges (4) State Court Judges (6) Senior Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk District Attorney Investigator District Attorney Chief Investigator Assistant District Attorney Superior Court Judges (8) Senior Judge Superior Court
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 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 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; and for other purposes.
This 31 st day of January, 2001.
Cobb County Delegation Don Edwin Wix, Secretary
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sharon Cooper, who on oath deposes and says that she is the Representative from the 31st District and further deposes and says as follows:
(1) That the attached 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 2, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

4456 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
_____ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
_____ The notice requirement of subsection (b) of Code Section 28-1 -14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
_____ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ SHARON COOPER Sharon Cooper Representative, 31 st District
Sworn to and subscribed before me, this 22nd day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4457
COBB COUNTY - PROBATE COURT; JUDGE; CLERK; COMPENSATION.
No. 233 (House Bill No. 773).
AN ACT
To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4021), so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 19,2000 (Ga. L. 2000, p. 4021), 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 $96,244.96, 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 $61,534.72 per annum, payable in equal monthly installments from the funds of Cobb County.'
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

4458 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 2001 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 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; and for other purposes.
This 31 st day of January, 2001.
Cobb County Delegation Don Edwin Wix, Secretary
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Johnson, who on oath deposes and says that he is the Representative from the 35th District and further deposes and says as follows:
(1) That the attached 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 2, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed

___________GEORGIA LAWS 2001 SESSION________4459
is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TERRY JOHNSON Terry Johnson Representative, 35th District
Sworn to and subscribed before me, this 22nd day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.
COBB COUNTY - TAX COMMISSIONER; CHIEF CLERK; EXECUTIVE SECRETARY; ADMINISTRATIVE SPECIALIST; COMPENSATION.
No. 234 (House Bill No. 823).
AN ACT
To amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved March 30, 2000 (Ga. L. 2000, p. 3578), so as to change the salaries of the tax commissioner, chief clerk to the tax commissioner, executive secretary to the tax commissioner, and administrative specialist in the office of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved March 30, 2000 (Ga. L. 2000, p. 3578), is amended by striking Section 3 and inserting in lieu thereof the following:
'SECTION 3. (a) The tax commissioner shall receive an annual salary of $63,331.32, to be

4460 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual salary shall be paid in equal monthly installments from the funds of the county treasury. The annual salary for the chief clerk shall be $70,751.24. Any candidate for the office of tax commissioner of Cobb County shall, on the date of qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court of Cobb County the name of the person the candidate shall appoint as chief clerk in the event he or she is elected to the office of tax commissioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he or she was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed. (b) In addition to those employees provided for in subsection (a) of this section, there is created the position of executive secretary to the tax commissioner. The executive secretary shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive secretary. The salary of the executive secretary shall be $43,832.23 per annum, to be paid in equal monthly installments from the funds of Cobb County. (c) In addition to those employees provided for in subsections (a) and (b) of this section, there is created the position of administrative specialist in the office of the tax commissioner. The administrative specialist shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of administrative specialist. The salary of the administrative specialist shall be $34,140.71 per annum, to be paid in equal monthly installments from the funds of Cobb County.'
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
COBB COUNTY BOARD OF COMMISSIONERS RESOLUTION
WHEREAS: Cobb County is part of a fast-growing region that; over the last decade, has seen a substantial increase in population and demand

_____________GEORGIA LAWS 2001 SESSION_________4461

for public services; and

WHEREAS: These services and functions are managed by elected officials who hold very important legislated responsibilities; and

WHEREAS: The salaries for these separate and independent offices are determined by the Georgia General Assembly; and

WHEREAS:

Members of the local delegation to the General Assembly have asked that the Board of Commissioners address the impact of any salary adjustments for local officials enacted during this current budget; and

WHEREAS: Members of the local delegation to the General Assembly have authority to set salary increases for the following positions attached thereto; now

THEREFORE: Be it Resolved, that we, the Cobb County Board of Commissioners, hereby commits that the county's adopted budget contains adequate funding to support salary adjustments as approved by the Cobb Delegation to the Georgia General Assembly in the FY01 Budget. We further request that all the above salary increases be effected upon July 1, 2001 or upon the Governor's signature, whichever is earlier.

This, the 13th day of February 2001.

s/ Billy L. Ashea District 1

s/ William J. Byrne Chairman
s/ Samuel S. Olens District 3

s/ Joe L. Thompson District 2

s/ George W. Thompson, Jr. District 4

The following positions are those that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases. District Commissioners (4) Commission Chairman Administrative Specialist, Tax Commissioner Executive Secretary, Tax Commissioner Deputy Tax Commissioner Tax Commissioner Executive Assistant to the Sheriff Chief Investigator Sheriff

4462 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
Chief Deputy Sheriff Sheriff Probate Court Clerk Probate Judge Juvenile Court Judge Presiding Juvenile Court Judge Magistrate Judge Chief Deputy Clerk State Court State Court Clerk Solicitor Investigator Assistant Solicitor Chief Assistant Solicitor Solicitor State Court Division II Judges (4) State Court Judges (6) Senior Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk District Attorney Investigator District Attorney Chief Investigator Assistant District Attorney Superior Court Judges (8) Senior Judge Superior Court
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 Session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of Tax Commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended; and for other purposes.
This the 31st day of January, 2001.
Cobb County Delegation: By: State Rep. Don Wix, Secretary
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Ehrhart, who on oath deposes and says that he is the Representative from the 36th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County

_____________GEORGIA LAWS 2001 SESSION__________4463
on the following date: February 2, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ EARL EHRHART Earl Ehrhart Representative, 36th District
Sworn to and subscribed before me, this 1 st day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.

4464 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
CITY OF KENNESAW - CORPORATE LIMITS.
No. 235 (House Bill No. 831).
AN ACT
To amend an Act creating a new charter for the City of Kennesaw, approved April 10,1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3942), so as to change the provisions relating to the corporate limits of said city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved April 19,2000 (Ga. L. 2000, p. 3942), is amended by adding at the end of Section 1.02 the following:
"The corporate limits of the City of Kennesaw shall also include the following described parcels of land:
All that tract or parcel of land lying and being in Land Lot 207 of the 20th District, 2nd Section, Cobb County, Georgia, being 1.217 acres as shown on plat of survey for Doris W. Popham and Herbert Wilbur dated August 26,1999 and being more particularly described as follows:
Beginning at a point on the easterly right of way line of Old U. S. Highway 41 (60 foot right of way), said point being the southwest corner of Tract 11 as shown on plat of survey by J. P. Phillips dated November 6, 1946 and recorded in Plat Book 6, Page 143, in the Office of the Clerk, Superior Court, Cobb County, Georgia, running thence south 31 degrees 11 minutes 23 seconds east 482.52 feet to a point; running thence north 88 degrees 07 minutes 55 seconds west 158.06 feet to a point; running thence north 88 degrees 03 minutes 56 seconds west 106.54 feet to a point on the easterly right of way line of Old U. S. Highway 41; running thence north 02 degrees 32 minutes 31 seconds east along the easterly right of way line of said highway 222.46 feet to a point; running thence northerly along the easterly right of way line of said highway and following the curvature thereof an arc distance of 181.85 feet on a radius of 5575.78 feet (the chord subtending said arc being south 01 degree 29 minutes 03 seconds west 181.84 feet) to a point, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lot 177, 20th District, 2nd Section, Cobb County, Georgia, as more particularly described in that Preliminary Plan dated June 7,2000, by DGM Land Planning Consultants, and being more particularly described as follows: To find the true point of beginning commence at the common corner of Land Lots 177, 178,203, and 204, said district, and section; thence proceed north

___________GEORGIA LAWS 2001 SESSION__________4465
0038' 18" east as measured along the westerly land lot line of Land Lot 177, said district and section, for a distance of 500.15 feet to a point and corner; thence proceed south 8637'28" east for a distance of 1,524.78 feet to a point, this being the TRUE POINT OF BEGINNING; thence running south 8734'33" east for a distance of 174.62 feet to a point and corner; thence running north 1138'07" east for a distance of 200.00 feet to a point and corner; thence running south 7801 '30" east for a distance of 300.00 feet to a point located on the northwesterly right of way of Kennesaw Due West Road; thence running northeasterly as measured along the northwesterly right of way of Kennesaw Due West Road the following courses and distances: north 1307'36" east for adistance of 14.44 feet; north 1349'01" east for a distance of 101.15 feet; north 1741'12" east for a distance of 102.84 feet; north 2430'04" east for a distance of 103.92 feet; north 3237'33" east for a distance of 103.29 feet; north 3703'14" east for a distance of 101.24 feet; north 3723'29" east for a distance of 100.29 feet; north 3808'16" east for a distance of 257.06 feet to a point and corner; thence running north 8750'25" west for a distance of 936.31 feet to a point and corner; thence running south 0040'57" west for a distance of 916.23 feet to the POINT OF BEGINNING. Said tract contains 12.3 acres. All and singular that certain tract of land lying and being in Land Lot 66,20th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: COMMENCING at the intersection of the east line of Land Lot 66 and the South right of way of McEver Road, having a 50-foot right of way, Thence South 0211'54" West, for a distance of 1191.01 feet to a point on the centerline of Procter Creek; Thence following the meandering of said creek North 6239'07" West, for a distance of 45.56 feet to a point; Thence North 6556'14" West, for a distance of 85.94 feet to a point; Thence South 5455'07" West, for a distance of 139.39 feet to a point; Thence South 6112'36" West, for a distance of 83.78 feet to a point; Thence South 3704]'04' West, for a distance of 102.26 feet to a point; Thence South 3131 '35 "West, for a distance of 72.3 2 feet to a point; Thence South 8621 48" West, for a distance of 54.73 feet to a point; Thence North 8640'02" West, for a distance of 153.26 feet to a point; Thence South 4705 '45" West, for a distance of 48.22 feet to a point; Thence South 2455'04" West, for a distance of 82.3 3 feet to a point; Thence South 6135'51" West, for a distance of 70.00 feet to a point; Thence South 6955'46" West, for a distance of 358.13 feet to a point; Thence South 8945'51" West, for a distance of 60.03 feet to a point; Thence South 7809'17" West, for a distance of 177.48 feet to a point; Thence leaving the centerline of said creek North 0225'40" East, for a distance of 1528.03 feet to a point; Thence North 8938'23" East, for a distance of 150.18 feet to a Post Found; Thence North 88 10 '43" East, for a distance of 316.34 feet to a Post Found; Thence North 88 10'43" East, for a distance of 234.95 feet to a point; Thence North 01 16'32" East, for a distance of 253.81 feet to a point on the southerly right

4466 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
of way of New McEver Road; Thence following said right of way along the arc of a curve to the left a distance of 166.65 feet, said curve having a radius of 1401.48 feet and a chord of South 7841' 13" East, 166.55 feet, to a point; Thence continuing on said right of way South 81 03 '55" East, for a distance of 89.09 feet to a point; thence continuing on said right of way South 8210'40" East, for a distance of 148.66 feet to a point; thence South 8253'55" East 223.81 feet to the point of beginning. All that tract or parcel of land lying and being in Land Lot 60 of the 20th District, 2nd Section of Cobb County, Georgia, as shown by plat of survey prepared by Merritt & Welker, Engineers, dated February 1964, a copy of which is recorded in Plat Book 33, Page 41, Cobb County Records, and being more particularly described as follows: BEGINNING at a point on the southwesterly right of way Shiloh Road 296 feet east of the intersection formed by the east right of way of Ayers Drive with the southwesterly right of way of Shiloh Road; thence running south 71 degrees 05 minutes east for a distance of 207.5 feet to a point; thence running south 62 degrees 58 minutes east for a distance of 207.5 feet to a point and corner: thence running south 3 degrees 09 minutes west for a distance of 515.1 feet to a point and corner: thence running north 63 degrees 40 minutes west for a distance of 408.7 feet to a point and corner; thence running north 1 degree 34 minutes east for a distance of 495 feet to the southwesterly right of way of Shiloh Road and the point of beginning. All that tract or parcel of land lying and being in Land Lot 60 of the 20th District, 2nd Section, Cobb County. Georgia, being Lot 1, Block I. Pinetree Country Club Estates f/k/a Recreation Center of Cobb County Recreation Authority and being more particularly described as follows: Beginning at the intersection of the southerly right of way of Shiloh Road (right of way varies) with the west right of way of Ayers Drive; running thence south 02 degrees 11 minutes 50 seconds west along the west right of way of Ayers Drive a distance of 125.0 feet to an iron pin; running thence north 87 degrees 44 minutes 00 seconds west a distance of 227.1 feet to an iron pin; running thence north 07 degrees 16 minutes 15 seconds east a distance of 90.1 feet to an iron pin located on the southerly right of way of Shiloh Road; running thence north 83 degrees 07 minutes 45 seconds east along the southerly right of way of Shiloh Road a chord distance of 221.04 feet (having an arc distance of'222.45 feet) to an iron pin at said intersection and the point of beginning; said tract containing a dwelling located thereon and being more particularly shown on survey prepared by Tru-Line Surveying, Inc., dated April 24, 1997; reference plat at Plat Book 21, Pages 146-147, Cobb County, Georgia records. All that tract or parcel of land lying and being in the 20th District, 2nd Section, Cobb County, Georgia, being part of original Lot of Land No. 60 more particularly described as Lot No. 16, Block J of Recreation Center according to plat of survey dated August 1960 by Alien Paul Welker, R.S. No. 1081, as recorded in Plat Book 21, Page 146 and 147, Cobb County, Georgia Plat

___________GEORGIA LAWS 2001 SESSION__________4467
Records and which plat is incorporated herein by reference for more complete description of the captioned premises. All that tract or parcel of land lying and being in Land Lots 212,213,214,244 and 243 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
Commencing at a point located at the southwesterly intersection of the rights of way of Stanley Road, having a 50 foot right of way, and Collins Road, having a 40 foot right of way, said point being the TRUE POINT OF BEGINNING; thence along the westerly right of way of Collins Road south 83 degrees 14 minutes 56 seconds east a distance of 99.33 feet to the point of curvature of a curve, concave to the south, having a radius of 259.85 feet, and a chord of 100.59 feet bearing south 76 degrees 05 minutes 51 seconds east; thence easterly along said curve, a distance of 101.22 feet to a point; thence south 58 degrees 37 minutes 46 seconds east, a distance of 57.45 feet to the point of curvature of a curve, concave to the southwest, having a radius of 519.01 feet, and a chord of 146.62 feet bearing south 42 degrees 37 minutes 58 seconds east; thence southeasterly along said curve, a distance of 147.11 feet to a point; thence south 37 degrees 01 minutes 46 seconds east, a distance of 51.30 feet to the point of curvature of a curve, concave to the northeast, having a radius of 212.39 feet, and a chord of 102.33 feet bearing south 53 degrees 24 minutes 43 seconds east; thence southeasterly along said curve, a distance of 103.34 feet to a point; thence south 64 degrees 30 minutes 16 seconds east, a distance of 151.90 feet to the point of curvature of a curve, concave to the north, having a radius of 302.02 feet, and a chord of 175.45 feet bearing south 84 degrees 25 minutes 34 seconds east; thence easterly along said curve, a distance of 178.01 feet to a point; thence north 83 degrees 23 minutes 46 seconds east, a distance of 55.11 feet to a point; thence leaving said southwesterly right of way south 01 degrees 25 minutes 02 seconds west, a distance of 252.73 feet to a point; thence north 86 degrees 55 minutes 57 seconds east, a distance of 175.79 feet to a point; thence north 83 degrees 22 minutes 22 seconds east, a distance of 570.43 feet to the northeasterly right of way of Barrett Parkway, having a 109 foot right of way, said point being 54.5 feet from right of way centerline as measured perpendicular to said right of way centerline, and a point of curvature, concave to the northwest, having a radius of 2237.33 feet, and a chord of 172.94 feet bearing south 50 degrees 32 minutes 35 seconds west; thence along said northwesterly right of way, southwesterly along said curve, a distance of 172.98 feet to a point; thence continuing along said northwesterly right of way, south 52 degrees 45 minutes 29 seconds west, a distance of 637.89 feet to a point at the intersection of said northwesterly right of way and the south line of Land Lot 213 and the north line of Land Lot 244; thence south 52 degrees 45 minutes 29 seconds west, a distance of 194.47 feet to the point of curvature, concave to the southeast, having a radius of 2346.33 feet and having a chord of 873.74 feet bearing south 42 degrees 01 minutes 38 seconds west; thence southwesterly along said curve,

4468 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
a distance of 878.87 feet to a point of curvature, concave to the southeast, having a radius of 2346.53 feet, and a chord of 433.92 feet bearing south 25 degrees 59 minutes 28 seconds west; thence continuing southwesterly along said curve, a distance of 434.54 feet to a point; thence leaving said right of way north 56 degrees 15 minutes 33 seconds west, a distance of 164.86 feet to a point; thence north 43 degrees 17 minutes 30 seconds west, a distance of 230.05 feet to a point; thence south 85 degrees 08 minutes 41 seconds west, a distance of 1535.28 feet to a point at the easterly right of way of driveway from Stanley Road to Devereux Property, having a 40 foot right of way; thence along said right of way north 36 degrees 26 minutes 30 seconds west, a distance of 655.58 feet to the intersection of said right of way and the southerly intersection of Stanley Road, having a 40 foot right of way; thence along the southerly right of way of Stanley Road north 69 degrees 54 minutes 44 seconds east, a distance of 130.09 feet to the point of curvature, concave to the northwest, having a radius of 388.39 feet, and a chord of 300.86 feet bearing north 46 degrees 50 minutes 56 seconds east; thence easterly along said curve, a distance of 308.94 feet to a point; thence north 27 degrees 47 minutes 35 seconds east, a distance of 114.22 feet to the point of curvature, concave to the southeast, having a radius of 408.15 feet, and a chord of 356.46 feet bearing north 62 degrees 31 minutes 08 seconds east; thence northeasterly along said curve, a distance of 368.89 feet to a point; thence north 89 degrees 49 minutes 21 seconds east a distance of 112.87 feet to a point; thence leaving said right of way south 10 degrees 16 minutes 06 seconds east a distance of 203.49 feet to a point; thence south 61 degrees 37 minutes 54 seconds east, a distance of 101.21 feet to a point; thence north 01 degrees 19 minutes 45 seconds west, a distance of 260.19 feet to the southerly right of way of Stanley Road having a 40 foot right of way and a point of curvature, concave to the north, having a radius of 751.94 feet, a chord distance of 138.98 feet and a chord bearing of north 75 degrees 56 minutes 59 seconds east; thence easterly along said curve, a distance of 139.18 feet to a point; thence north 70 degrees 12 minutes 01 seconds east a distance of 75.07 feet to the point of curvature of a curve, concave to the south, having a radius of 546.53 feet, and a chord of 146.99 feet bearing south 77 degrees 38 minutes 48 seconds west; thence easterly along said curve, a distance of 147.43 feet to a point; thence north 84 degrees 15 minutes 18 seconds east, a distance of 74.33 feet to the point of curvature of a curve concave to the north, having a radius of 2861.50 feet, and a chord of 155.50 feet bearing north 83 degrees 01 minutes 47 seconds east; thence easterly along said cure, a distance of 155.62 feet to a point; thence leaving said right of way south 14 degrees 26 minutes 53 seconds west, a distance of 138.18 feet to a point on the south line of Land Lot 213 and the north line of Land Lot 244; thence along said land lot line south 89 degrees 58 minutes 15 seconds east, a distance of 265.70 feet to a point; thence south 89 degrees 58 minutes 15 seconds east, a distance of 174.46 feet to a point; thence north 89 degrees 16 minutes 58 seconds east, a distance of 253.47 feet to a point;

_____________GEORGIA LAWS 2001 SESSION__________4469
thence leaving said land lot line north 25 degrees 43 minutes 47 seconds west a distance of 321.88 feet; thence north 25 degrees 26 minutes 00 seconds west, a distance of 90.35 feet to a point; thence north 25 degrees 34 minutes 27 seconds west a distance of 138.08 feet to a point; thence north 30 degrees 27 minutes 35 seconds east, a distance of 209.86 feet to a point; thence north 25 degrees 57 minutes 00 seconds west, a distance of 210.28 feet to the southeasterly right of way of Stanley Road, having a 50 foot right of way, and a point of curvature, concave to the southeast, having a radius of 419.17 feet, and a chord of 42.05 feet bearing north 53 degrees 02 minutes 02 seconds east; thence northeasterly along said curve, a distance of 42.07 feet to the point of curvature of a curve, concave to the southeast, having a radius of 402.50 feet, and a chord of 64.80 feet bearing north 59 degrees 10 minutes 19 seconds east; thence northeasterly along said curve, a distance of 64.88 feet to the point of curvature of a curve, concave to the northwest, having a radius of 1193.00 feet, and a chord of 199.69 feet bearing north 64 degrees 19 minutes 20 seconds east; thence easterly along said curve, a distance of 199.92 feet to the true point of beginning, said described tract containing 78.53 acres."
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 2001 Session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Kennesaw approved April 10,1971 (Ga. L. 1971, p. 3820). as amended; and for other purposes.
This 16th day of February, 2001.
Honorable Don Wix Secretary, Cobb County Legislative Delegation
Representative, District 33
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Hines, who on oath deposes and says that he is the Representative from the 38th District and further deposes and says as follows:
(1) That the attached 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 23, 2001 .

4470 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ ROGER MINES Roger Hines Representative, 38th District
Sworn to and subscribed before me, this 23rd day of February, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 27, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4471
COBB COUNTY - SUPERIOR COURT; DEPUTY CLERK; COMPENSATION.
No. 236 (House Bill No. 845).
AN ACT
To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4618), so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4618), is amended by striking subsection (b) of Section 4 thereof and inserting in its place a new subsection (b) to read as follows:
"(b) The clerk of the superior court shall be allowed a deputy clerk whose annual salary shall be $71,177.57, to be paid in equal monthly installments from the funds in the county treasury. Any candidate for the office of clerk of the Superior Court of Cobb County shall, on the date of his or her qualification for such office in either a primary or general election, certify to the judge of the Probate Court of Cobb County the name of the person he or she shall appoint as deputy clerk in the event he or she is elected to the office of clerk; and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he or she was so named. In the event of the death or removal from office of said deputy clerk, the clerk of the superior court shall have 30 days from said date of death or removal from office of said deputy clerk to certify to the judge of the Probate Court of Cobb County the name of the new deputy clerk to be appointed. In addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of the office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

4472 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

COBB COUNTY BOARD OF COMMISSIONERS RESOLUTION

WHEREAS: Cobb County is part of a fast-growing region that; over the last decade, has seen a substantial increase in population and demand for public services; and

WHEREAS: These services and functions are managed by elected officials who hold very important legislated responsibilities; and

WHEREAS The salaries for these separate and independent offices are determined by the Georgia General Assembly; and

WHEREAS:

Members of the local delegation to the General Assembly have asked that the Board of Commissioners address the impact of any salary adjustments for local officials enacted during this current budget; and

WHEREAS: Members of the local delegation to the General Assembly have authority to set salary increases for the following positions attached thereto; now

THEREFORE: Be it Resolved, that we, the Cobb County Board of Commissioners, hereby commits that the county's adopted budget contains adequate funding to support salary adjustments as approved by the Cobb Delegation to the Georgia General Assembly in the FY01 Budget. We further request that all the above salary increases be effected upon July 1, 2001 or upon the Governor's signature, whichever is earlier.

This, the 13th day of February 2001.

s/ William J. Byrne Chairman

s/ Billy L. Askea District 1

s/ Samuel S. Olen District 3

s/ Joe L. Thompson District 2

s/ George W. Thompson, Jr. District 4

____________GEORGIA LAWS 2001 SESSION__________4473
The following positions are those that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases.
District Commissioners (4) Commission Chairman Administrative Specialist, Tax Commissioner Executive Secretary, Tax Commissioner Deputy Tax Commissioner Tax Commissioner Executive Assistant to the Sheriff Chief Investigator Sheriff Chief Deputy Sheriff Sheriff Probate Court Clerk Probate Judge Juvenile Court Judge Presiding Juvenile Court Judge Magistrate Judge Chief Deputy Clerk State Court State Court Clerk Solicitor Investigator Assistant Solicitor Chief Assistant Solicitor Solicitor State Court Division II Judges (4) State Court Judges (6) Senior Judge State court Chief Deputy Clerk Superior Court Superior Court Clerk District Attorney Investigator District Attorney Chief Investigator Assistant District Attorney Superior Court Judges (8) Senior Judge Superior Court
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 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 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; and for other purposes.
This 31 st day of January, 2001.

4474 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
Cobb County Delegation Don Edwin Wix, Secretary
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Wix, who on oath deposes and says that he is the Representative from the 33rd District and further deposes and says as follows:
(1) That the attached 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 2, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1 -14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ DON WIX Don Wix Representative, 33rd District
Sworn to and subscribed before me, this 1st day of March, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4475
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.
COBB COUNTY - BOARD OF COMMISSIONERS; COMPENSATION.
No. 237 (House Bill No. 857).
AN ACT
To amend an Act creating the board of commissioners of Cobb County, approved June 19,1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3840), so as to change the provisions relating to the compensation of the commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved April 19,2000 (Ga. L. 2000, p. 3840), is amended by striking subsection (a) of Section 8 of the Act and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Commissioners, other than the chairperson, shall be paid as their entire compensation for services as commissioners the sum of $27,820.00 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairperson shall receive as his or her entire compensation the sum of $55,640.00 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. Except as provided otherwise in this section, the salary so fixed shall constitute the entire compensation from all sources to which said chairperson or any commissioner shall be entitled. The chairperson and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following:
(1) Mileage reimbursement for the use of a private automobile while conducting county business; (2) Secretarial services, if required, over and above the services normally provided by the county; and

4476 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____

(3) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or official county business conducted outside of Cobb County."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

COBB COUNTY BOARD OF COMMISSIONERS RESOLUTION

WHEREAS: Cobb County is part of a fast-growing region that; over the last decade, has seen a substantial increase in population and demand for public services; and

WHEREAS: These services and functions are managed by elected officials who hold very important legislated responsibilities; and

WHEREAS: The salaries for these separate and independent offices are determined by the Georgia General Assembly; and

WHEREAS:

Members of the local delegation to the General Assembly have asked that the Board of Commissioners address the impact of any salary adjustments for local officials enacted during this current budget; and

WHEREAS: Members of the local delegation to the General Assembly have authority to set salary increases for the following positions attached thereto; now

THEREFORE: Be it Resolved, that we, the Cobb County Board of Commissioners, hereby commits that the county's adopted budget contains adequate funding to support salary adjustments as approved by the Cobb Delegation to the Georgia General Assembly in the FY01 Budget. We further request that all the above salary increases be effected upon July 1, 2001 or upon the Governor's signature, whichever is earlier.

This, the 13th day of February 2001.

_____________GEORGIA LAWS 2001 SESSION__________4477

s/ William Byrne Chairman

s/ Billy L. Askea District 1

s/ Samuel S. Olens District 3

s/Joe L. Thompson District 2

s/George W. Thompson, Jr. District 4

The following positions are those that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases.

District Commissioners (4) Commission Chairman Administrative Specialist, Tax Commissioner Executive Secretary, Tax Commissioner Deputy Tax Commissioner Tax Commissioner Executive Assistant to the Sheriff Chief Investigator Sheriff Chief Deputy Sheriff Sheriff Probate Court Clerk Probate Judge Juvenile Court Judge Presiding Juvenile Court Judge Magistrate Judge Chief Deputy Clerk State Court State Court Clerk Solicitor Investigator Assistant Solicitor Chief Assistant Solicitor Solicitor State Court Division II Judges (4) State Court Judges (6) Senior Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk District Attorney Investigator District Attorney Chief Investigator Assistant District Attorney Superior Court Judges (8) Senior Judge Superior Court

4478 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
BOARD OF COMMISSIONERS February 19,2001
Representative Don Wix State Representative 611 Legislative Office Bldg. Atlanta, Georgia 30334
Dear Representative Wix:
I am writing on behalf of the District Commissioners to request a 4% salary adjustment, which is budgeted for all positions in FY2001. This request excludes the chairman's position.
Than you for your consideration for this request and for all you and the delegation do for Cobb County.
Sincerely,
s/ Bill Byrne, Chairman Cobb County Board of Commissioners
cc: Cobb Delegation Commissioner Billy L. Askea Commissioner Joe L. Thompson Commissioner Samuel S. Olens Commissioner G. Woody Thompson, Jr. Mr. David Hankerson, County Manager
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act creating the Board of Commissioners of Cobb County", approved June 19, 1964 (Ga. L. 1964, Ex. Session, p. 2079).
This the 31 st day of January, 2001.
Cobb County-Delegation BY: State Rep. Don Wix, Secretary
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Wix, who on oath deposes and says that he is the

_____________GEORGIA LAWS 2001 SESSION__________4479
Representative from the 33rd District and further deposes and says as follows:
(1) That the attached 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 2, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ DON WIX Don Wix Representative, 33rd District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.

4480 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
COBB COUNTY - JUVENILE COURT; JUDGES; COMPENSATION.
No. 238 (House Bill No. 877).
AN ACT
To amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4458), so as to change the compensation of the judges of the Juvenile Court of Cobb County; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved April 16, 1999(Ga. L. 1999, p. 4458), is amended by striking Section 1 of said Act and inserting in its place the following:
'SECTION 1. (a) The presiding judge of the Juvenile Court of Cobb County shall receive an annual salary of $103,889.76 to be paid in equal monthly installments from the general funds of Cobb County. (b) The other judge or judges of the Juvenile Court of Cobb County shall receive an annual salary of $102,330.80 to be paid in equal monthly installments from the general funds of Cobb County.*
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
COBB COUNTY BOARD OF COMMISSIONERS RESOLUTION
WHEREAS: Cobb County is part of a fast-growing region that over the last decade, has seen a substantial increase in population and demand for public services; and
WHEREAS: These services and functions are managed by elected officials who hold very important legislated responsibilities; and

_____________GEORGIA LAWS 2001 SESSION__________4481

WHEREAS: The salaries for these separate and independent offices are determined by the Georgia General Assembly; and

WHEREAS:

Members of the local delegation to the General Assembly have asked that the Board of Commissioners address the impact of any salary adjustments for local officials enacted during this current budget; and

WHEREAS: Members of the local delegation to the General Assembly have authority to set salary increases for the following positions attached thereto; now

THEREFORE: Be it Resolved, that we, the Cobb County Board of Commissioners, hereby commits that the county's adopted budget contains adequate funding to support salary adjustments as approved by the Cobb Delegation to the Georgia General Assembly in the FYO1 Budget. We further request that all the above salary increases be affected upon July 1, 2001 or upon the Governor's signature, whichever is earlier.

This, the 13th day of February 2001.

s/ William J. Byrne Chairman

s/ Billy L. Askea District 1

s/ Samuel S. Olens District 3

s/ Joe L. Thompson District 2

S/ George W. Thompson, Jr. District 4

The following positions are those that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases.

District Commissioners (4) Commission Chairman Administrative Specialist, Tax Commissioner Executive Secretary, Tax Commissioner Deputy Tax Commissioner Tax Commissioner Executive Assistant to the Sheriff Chief Investigator Sheriff Chief Deputy Sheriff Sheriff Probate Court Clerk

4482 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Probate Judge Juvenile Court Judge Presiding Juvenile Court Judge Magistrate Judge Chief Deputy Clerk State Court State Court Clerk Solicitor Investigator Assistant Solicitor Chief Assistant Solicitor Solicitor State Court Division II Judges (4) State Court Judges (6) Senior Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk District Attorney Investigator District Attorney Chief Investigator Assistant District Attorney Superior Court Judges (8) Senior Judge Superior Court
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 Session of the General Assembly of Georgia a bill to amend an Act relating to the Judge of the Juvenile Court of Cobb County, approved January 17,1969 (Ga. L. 1969, p. 3 560), as amended; and for other purposes.
This the 2nd day of March, 2001.
Cobb County Delegation: By State Rep. Don Wix, Secretary
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Parsons, who on oath deposes and says that he is the Representative from the 40th District and further deposes and says as follows:
(1) That the attached 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: March 2, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

_____________GEORGIA LAWS 2001 SESSION__________4483
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ DON PARSONS Don Parsons Representative, 40th District
Sworn to and subscribed before me, this 5th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18. 2003 (SEAL)
Approved April 27, 2001.

4484 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. 11______
CITY OF AUSTELL - HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.
No. 239 (Senate Bill No. 91).
AN ACT
To provide for a homestead exemption from certain City of Austell ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions: to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Austell, including, but not limited to, taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence.
SECTION 2. Each resident of the City of Austell is granted an exemption on that person's homestead from all City of Austell ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.
SECTION 3. A person shall not receive the homestead exemption granted by Section 2 of this Act unless the person or person's agent files an application with the governing

_____________GEORGIA LAWS 2001 SESSION__________4485
authority of the City of Austell, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Austell, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption.
SECTION 4. The governing authority of the City of Austell, or the designee thereof, shall provide application forms for the exemption granted by Section 2 of this Act which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 5. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in Section 3 of this Act, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under Section 2 of this Act to notify the governing authority of the City of Austell, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
SECTION 6. The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by Section 2 of this Act shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes.
SECTION 7. The exemption granted by Section 2 of this Act shall apply to all taxable years beginning on or after January 1, 2002.
SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Austell shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Austell for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. The municipal 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 Cobb County. The ballot shall have written or printed thereon the words:

4486 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"YES ( ) Shall the Act be approved which provides a homestead exemption from certain City of Austell ad valorem taxes for municipal purposes
NO ( ) in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?"
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 onehalf of the votes cast on such question are for approval of the Act, Sections 1 through 7 of this Act shall become of full force and effect on January 1, 2002. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Austell. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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 2001 session of the General Assembly of Georgia a bill to provide for a homestead exemption from certain City of Austell ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms, and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 24 day of January, 2001.
Senator Steve Thompson 33rd District
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 the Senator from the 33rd District and further deposes and says as follows:

_____________GEORGIA LAWS 2001 SESSION__________4487
(1) That the attached 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 26, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
__ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ STEVE THOMPSON Steve Thompson Senator, 33rd District
Sworn to and subscribed before me, this 29th day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.

4488 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
COBB COUNTY - TAX COMMISSIONER; FEES FOR COLLECTION OF SCHOOL DISTRICT TAXES.
No. 240 (Senate Bill No. 297).
AN ACT
To provide that the tax commissioner of Cobb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Cobb 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 for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The tax commissioner of Cobb County shall remit all educational funds collected by said officer to the board of education of Cobb County, except that for the years 2001 through 2011 the amount of 1.6 percent of the school taxes collected shall be retained by the tax commissioner and remitted to the governing authority of Cobb 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 Article VIII, Section VI, Paragraph III of the Constitution of the State of Georgia.
SECTION 3. An Act relating to county commissions on Cobb County school tax collections, approved April 7, 1992 (Ga. L. 1992, p. 5684), is repealed in its entirety.
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 2001 session of the General Assembly of Georgia a bill to provide that the tax commissioner of Cobb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the county governing authority to reimburse the county for the cost of collecting school taxes, and for other purposes.
This 23rd day of February, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4489
Honorable Steve Thompson Senator, 33rd District
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 the Senator from the 33rd District and further deposes and says as follows:
(1) That the attached 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 23, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ STEVE THOMPSON Steve Thompson Senator, 33rd District
Sworn to and subscribed before me, this 1 st day of March, 2001.

4490 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.
COBB COUNTY - STATE COURT; COSTS.
No. 241 (Senate Bill No. 240).
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 23,1977(Ga.L. 1977, p. 3188), and an Act approved April 13, 1989(Ga.L. 1989, p. 5003), so as to change certain costs and the provisions relating to costs in 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 creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3188), and an Act approved April 13, 1989 (Ga. L. 1989, p. 5003), is amended by striking Section 20 in its entirety and inserting in lieu thereof the following:
"SECTION 20. Each party at the time of filing an action or proceeding of any character in the State Court of Cobb County, irrespective of how it shall be terminated, shall deposit with the clerk of said court the total cost, which shall include judgment and all fees required by law to be paid by the clerk out of said costs, to be determined as follows:
Civil actions of every character (includes suits, all garnishments, proceedings against tenants holding over, foreclosures of personalty, distress warrants, and any other action which by law may be filed in the State Court of Cobb County) ............ $ 50.00
Third party complaint ................................... 15.00
Garnishment reissue .................................... 20.00

_____________GEORGIA LAWS 2001 SESSION__________4491

Plaintiffs traverse of garnishment.......................... 15.00

Exemplified copy ...................................... 5.00

Certified copy-stamp and seal ............................ 3.00

Plus each page copied ...................................

.25

Alias fi. fa. ............................................ 5.00

Rush papers ........................................... 5.00

Notice ofappeal ....................................... 5.00

Preparing Department of Public Safety letter ................. 5.00

All bonds filing and approving ............................ 10.00

Motion for a new trial and docketing same ................... 15.00

Motion for judgment notwithstanding the verdict and docketing same .............................................. 15.00

Affidavit where no cause is pending ........................ 10.00

Each subpoena issued ................................... 1.00
The clerk shall not be required to file any of the above documents until the full cost has been paid. The clerk may charge and collect the same fees clerks of the superior courts are authorized to charge and collect under Chapter 6 of Title 15 of the O.C.G.A., for any fee not specified in this Act. The marshal may charge and collect the same fees that the sheriff or marshal are authorized to charge and collect under Chapter 16 of Title 15 of the O.C.G.A. Provided, further, the clerk of said court is hereby authorized to deduct from the total costs of each and every suit or proceeding filed in said court and pay to the treasurer of the Cobb County Law Library the amount as by law provided to be withheld. In all cases requiring the transport and storage of personalty, the fee and costs therefor shall be such reasonable costs as shall be required of the officer to obtain such service. All costs not provided for herein shall be charged for and collected by said court on the same basis as costs now fixed or which may hereafter be fixed by law for the Superior Court of Cobb County. The costs in criminal matters in said court, and before the judge thereof, not already provided for herein, shall be the same as is now provided for, or which may hereafter be provided for, by law, in criminal matters in the Superior Court of Cobb County."

SECTION 2. This Act shall become effective on July 1, 2001.

4492 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2001.
TOWN OF BRASELTON - COUNCIL; DISTRICTS; MAYOR AND COUNCIL; TERMS.
No. 244 (House Bill No. 760).
AN ACT
To amend an Act incorporating the Town of Braselton in the County of Jackson, approved August 21, 1916 (Ga. L. 1916, p. 598), as amended, so as to provide for town council districts; to require reapportionment by Home Rule; to provide for elections; to provide for terms of the mayor and town councilmembers; to provide for submission of such districts to the U.S. Department of Justice; 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 Braselton in the County of Jackson, approved August 21,1916 (Ga. L. 1916, p. 598), 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. Council districts, elections, and terms of office. (a) Council districts. For the purpose of electing town councilmembers, the Town of Braselton shall be divided into four voting districts, with one town councilmember elected from each district. The mayor shall be elected from the town at large. As soon as the 2000 Census data for use in reapportionment is made available to the mayor and town council but no later than the time for candidates to qualify in the 2001 municipal general election, the mayor and town council shall, consistent with the Municipal Home Rule Act of 1965, Code Section 36-35-1 et seq, of the O.C.G.A., amend the boundaries of such districts to reapportion such districts consistent with the provisions of Code Section 3635-4.1 oftheO.C.G.A. (b)(l) The boundaries of District 1 shall be as follows: Beginning at a point where the existing town limits intersect the centerline of State Highway 53 approximately 2000 feet north of the interchange of State Highway 53 and Interstate 85 and thence running southerly along the centerline of State Highway 53 to a point at which the town limits turn easterly; thence

_________GEORGIA LAWS 2001 SESSION__________4493
running easterly along the current town limits to a point at which the current town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to the intersection of Zion Church Road; thence running westerly along the centerline of Zion Church Road to its intersection with Pinecrest Street; thence running southerly along the centerline of Pinecrest Street to its intersection with Davis Street; thence running westerly along the centerline of Davis Street to its intersection with State Highway 53 (Green Street); thence running generally northerly to the interchange of State Highway 53 (Green Street) with Interstate 85; thence running westerly along the centerline of Interstate 85 to its intersection with the existing town limits at Jesse Cronic Road; thence running northwesterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to the intersection of the existing town limits with Ednaville Road; thence running easterly along the centerline of Ednaville Road to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits intersect State Highway 53 at the point of beginning. (2) The boundaries of District 2 shall be as follows: Beginning at a point at the intersection of the centerlines of Davis Street and State Highway 53 (Green Street) and thence running southerly along the centerline of State Highway 53 (Green Street) to its intersection with the existing town limits: thence running easterly along the existing town limits to a point at which the existing town limits turn northerly; thence running

4494 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
northerly along the existing town limits to the intersection of the existing town limits with Davis Street, at which point the existing town limits turn easterly; thence running easterly along the existing town limits in the centerline of Davis Street to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to the intersection of the existing town limits with Zion Church Road; thence running westerly along the centerline of the Zion Church Road to its intersection with Pinecrest Street; thence running southerly along the centerline of Pinecrest Street to its intersection with Davis Street; thence running westerly along the centerline of Davis Street to its intersection with State Highway 53 (Green Street) at the point of beginning. (3) The boundaries of District 3 shall be as follows: Beginning at a point where the centerline of State Highway 53 (Green Street) crosses the centerline of Interstate 85 and thence running southerly along the centerline of State Highway 53 (Green Street) to its intersection with the existing town limits at Henry Street; running thence westerly along the existing town limits in the centerline of Henry Street to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn southwesterly; thence running in an arc southwesterly to the intersection of the existing town limits and Josh Pirkle Road; thence running southwesterly along the centerline of Josh Pirkle Road to a point at which the existing town limits turn northwesterly and leave the right of way of Josh Pirkle Road; thence running northwesterly along the existing town limits to a point at which the existing town limits turn southwesterly; thence running southwesterly along the existing town limits to the intersection of the existing town limits and Josh Pirkle Road; thence running northerly along the centerline of Josh Pirkle road to its intersection with the southern property line of the property located at the southeast corner of the intersection of Josh Pirkle Road and SR 124; thence running northeasterly along the southern boundary of said property to a point at which the property line turns northerly; thence running northerly along the boundary of said property to its intersection with State Route 124; thence running easterly along the centerline of State Highway 124 to its intersection with an unnamed road shown bisecting tax parcel 2C on the Braselton tax map; thence running northwesterly along the centerline of such unnamed road to its intersection with the existing town limits adjacent to the southern right of way of Interstate 85; thence running easterly along the Interstate 85 right of way to its intersection with the centerline of State

___________GEORGIA LAWS 2001 SESSION__________4495
Highway 53 (Green Street) at the point of beginning. (4) The boundaries of District 4 shall be as follows: Beginning at a point at the intersection of an unnamed road bisecting tax parcel 2C on the Braselton tax map and the existing town limits along the southern right of way of Interstate 85 and thence running southerly along the centerline of said unnamed road to its intersection with State Highway 124; thence running westerly along the centerline of State Highway 124 to its intersection with the eastern property line of the property located at the southeast corner of the intersection of State Route 124 and Josh Pirkle Road; thence running southerly along the eastern boundary of said property to a point at which the property line turns southwesterly; thence running southwesterly along the boundary of said property to the centerline of Josh Pirkle Road; thence running southerly along the centerline of Josh Pirkle Road to its intersection with the existing town limits; thence running southwesterly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to a point at which the existing town limits turn southwesterly; thence running southwesterly along the existing town limits to the intersection of the existing town limits with State Highway 211; thence running northerly along the existing town limits in the centerline of State Highway 211 to the intersection of State Highway 211 with State Highway 124; thence running northeasterly along the existing town limits in the centerline of State Highway 124 to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits, crossing the right of way of State Highway 211, to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn southwesterly; thence running southwesterly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits, crossing the right of way of Interstate 85, to a point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn southerly; thence

4496 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
running southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly and northwesterly along the existing town limits to a point at which the existing town limits cross Interstate 85 and turn southwesterly adjacent to the northern right of way of Interstate 85; thence running southwesterly along the existing town limits adjacent to the northern right of way of Interstate 85 to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn southwesterly; thence running southwesterly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to a point at which the existing town limits turn southwesterly; thence running southwesterly along the existing town limits to a point at which the existing town limits turn westerly adjacent to the northern right of way of Interstate 85; thence running westerly along the existing town limits adjacent to such right of way to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to a point at which the existing town limits turn southwesterly; thence running southwesterly along the existing town limits to the intersection of the existing town limits with Spout Springs Road; thence running north and northwesterly along the existing town limits in the centerline of Spout Springs Road to the point at which Spout Springs Road crosses Duncan Creek Road; thence running northeasterly along the existing town limits in the centerline of

___________GEORGIA LAWS 2001 SESSION__________4497
Duncan Creek Road to a point at which existing the town limits turn northerly and leave the right of way of Duncan Creek Road; thence running northerly along the existing town limits to the intersection of the existing town limits with Thompsons Mill Road; thence running easterly and northeasterly along the existing town limits in the centerline of Thompsons Mill Road to a point at which the existing town limits turn southeasterly and leave the right of way of Thompsons Mill Road; thence running southeasterly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to the intersection of the existing town limits with Thompsons Mill Road; thence running easterly along the existing town limits in the centerline of Thompsons Mill Road to a point at which the existing town limits turn southerly and leave the Thompsons Mill Road right of way; thence running southerly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to the intersection of the existing town limits with Thompsons Mill Road, at which point the existing town limits turn easterly; thence running easterly along the existing town limits in the centerline of Thompsons Mill Road to a point at which the existing town limits turn southeasterly and leave the Thompsons Mill Road right of way; thence running southeasterly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to the intersection of the existing town limits and Thompsons Mill Road, at which point the existing town limits turn easterly; thence running easterly along the existing town limits in the centerline of Thompsons Mill Road to a point at which the existing town limits turn southeasterly and leave the Thompsons Mill Road right of way; thence running southeasterly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to the intersection of the existing town limits with Thompsons Mill Road; thence running northeasterly along the existing town limits in the centerline of Thompsons Mill Road to its intersection with State Highway 211; thence running northerly along the centerline of State Highway 211 to its intersection with the Mulberry

4498 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. 11_____
River, at which point the existing town limits turn easterly; thence running easterly along the existing town limits in the centerline of the Mulberry River until the existing town limits turn southwesterly and leave the river; thence running southwesterly along the existing town limits to the intersection of the existing town limits with State Highway 211; thence running southeasterly along the existing town limits in the centerline of State Highway 211 to its intersection with Liberty Church Road; thence running easterly along the existing town limits in the centerline of Liberty Church Road to its crossing of the Mulberry River; at which point the existing town limits turn south and run concurrently with the center of the Mulberry River; thence running in the direction of flow of the Mulberry River along the existing town limits running concurrently with the Mulberry River to a point at which the existing town limits leave the Mulberry River and turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to a point at which the existing town limits turn northerly; thence running northerly along the existing town limits to their intersection with Liberty Church Road at which point the existing town limits turn easterly; thence running easterly along the existing town limits in the centerline of Liberty Church Road to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn southwesterly; thence running southwesterly along the existing town limits to a point at which the existing town limits intersect with the Mulberry River near the point of confluence of the Mulberry River and Duncan Creek; thence crossing the Mulberry River and running along the existing town limits coincident with the northern bank of Duncan Creek to a point at which the existing town limits turn southwesterly and away from Duncan Creek; thence running southwesterly along the existing town limits to their intersection with State Highway 211, at which point the existing town limits turn northerly; thence northerly along the existing town limits in the centerline of State Highway 211 to a point at which the existing town limits turn southwesterly and leave the State Highway 211 right of way; thence running southwesterly along the existing town limits to a point at which the existing town limits turn westerly; thence running westerly along the existing town limits to a point at which the existing town limits turn northwesterly; thence running northwesterly along the existing town limits to a point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly, crossing the right of way of State Highway 211, to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a

_____________GEORGIA LAWS 2001 SESSION__________4499
point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn southeasterly; thence running southeasterly along the existing town limits to a point at which the existing town limits turn northeasterly; thence running northeasterly along the existing town limits to a point at which the existing town limits turn easterly; thence running easterly along the existing town limits to their intersection with the Mulberry River at which the existing town limits turn southerly in the direction of the flow of the Mulberry River; thence southerly along the existing town limits in the center of the Mulberry River to a point at which the existing town limits leave the center of the Mulberry River and turn southwesterly; thence running southwesterly along the existing town limits to a point at which the existing town limits turn southerly; thence running southerly along the existing town limits to the intersection of the existing town limits with the southern right of way of Interstate 85; thence running northeasterly along the existing town limits adjacent to the southern right of way of Interstate 85 to the point of beginning. (c) Elections. The election of the mayor and town councilmembers shall be decided by a majority of votes cast. In the event no candidate receives a majority of the votes cast for a particular office, a run-off election shall be held as provided by law between the two candidates receiving the highest number of votes for such office. The candidate receiving a majority of the votes cast in such run-off election shall be declared the winner. Only a resident of a particular council district may qualify for election from such district, and each town councilmember shall reside in the district from which he or she was elected during his or her term of office. The mayor shall be a resident of the Town of Braselton. Any town councilmember who moves his or her residence from the district from which he or she was elected shall be deemed to have vacated his or her office. There shall be no primary elections for mayor and town councilmembers in the Town of Braselton and elections for mayor and town councilmembers shall be nonpartisan. (d) Terms of office. The mayor and all town councilmembers in office on the effective date of this Act shall remain in office until the mayor and town councilmembers elected in a general election to be held on November 6, 2001, take office as provided in this Act. Thereafter, all town councilmembers shall serve a term of four years, with the exception of those town councilmembers representing Council Districts 1 and 3 elected pursuant to the general election held on November 6,2001, who shall serve a term of two years. The mayor shall serve a term of four years."
SECTION 2. It shall be the duty of the attorney for the Town of Braselton to submit this Act to the U.S. Department of Justice for approval under the Voting Rights Act of 1965.

4500 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 2001 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Braselton in the County of Jackson, approved August 21, 1916 (Ga. L. 1916, p. 598), as amended, so as to provide for Town Council districts; to provide for elections; to provide for terms of the Mayor and Town Council members; to provide for submission of such districts to the U. S. Department of Justice; to repeal conflicting laws; and for other purposes.
This 21 st day of February, 2001.
H. E. Braselton Town of Braselton Mayor and Council
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pat Bell, who on oath deposes and says that she is the Representative from the 25th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Barrow County News which is the official organ of Barrow County on the following date: February 21, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the

_____________GEORGIA LAWS 2001 SESSION__________4501
enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ PAT BELL Pat Bell Representative, 25th District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2001 (SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Braselton in the County of Jackson, approved August 21, 1916 (Ga. L. 1916, p. 598), as amended, so as to provide for Town Council districts; to provide for elections; to provide for terms of the Mayor and Town Council members; to provide for submission of such districts to the U.S. Department of Justice; to repeal conflicting laws; and for other purposes.
This 21 st day of February, 2001.
H. E. Braselton Town of Braselton Mayor and Council
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pat Bell, who on oath deposes and says that she is the Representative from the 25th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett

4502 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. 11_____
County on the following date: February 21, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ PAT BELL Pat Bell Representative, 25th District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
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 an Act incorporating the Town of Braselton in the County of Jackson, approved August 21, 1916 (Ga. L. 1916, P. 598), as amended, so as to provide for Town Council districts; to provide for

_____________GEORGIA LAWS 2001 SESSION__________4503
elections; to provide of terms of the Mayor and Town Council members; to provide for submission of such districts to the U. S. Department of Justice; to repeal conflicting laws; and for other purposes.
This 21 st day of February, 2001.
H. E. BRASELTON TOWN OF BRASELTON MAYOR AND COUNCIL
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths. Pat Bell, who on oath deposes and says that she is the Representative from the 25th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on the following date: February 22, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

4504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
s/ PAT BELL Pat Bell Representative, 25th District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Notice Notice of Intention to Introduce Local Legislation
Notice is hereby given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Braselton in the County of Jackson, approved August 21, 1916 (Ga. L. 1916, p. 598), as amended, so as to provide for Town Council districts; to provide for elections; to provide for terms of the Mayor and Town Council members; to provide for submission of such districts to the U. S. Department of Justice; to repeal conflicting laws; and for other purposes.
This 21 st day of February, 2001.
H. E. Braselton Town of Braselton Mayor and Council
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pat Bell, who on oath deposes and says that she is the Representative from the 25th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County on the following date: February 21, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required

_____________GEORGIA LAWS 2001 SESSION__________4505
by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ PAT BELL Pat Bell Representative, 25th District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18. 2001 (SEAL)
Approved April 27, 2001.

4506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
CLAYTON JUDICIAL CIRCUIT - COURT REPORTERS; COMPENSATION.
No. 253 (Senate Bill No. 263).
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 17, 1997 (Ga. L. 1997, p. 4211), 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 approved March 17, 1997 (Ga. L. 1997, p. 4211), is amended by striking Section 1 in its entirety and inserting in lieu thereof the following:
"SECTION 1. The official court reporters of the Clayton Judicial Circuit composed of Clayton County shall be compensated in an amount not to exceed $22,000.00 per annum each, to be set by the chief judge of the superior court of said circuit. Such compensation shall be paid in monthly installments from the funds provided for such purposes by Clayton County."
SECTION 2. This Act shall become effective on January 1, 2002.
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 2001 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 17, 1959 (Ga. L. 1959, p. 375), as amended, particularly by an Act approved April 21, 1997 (Ga. 1997, p. 4211); and for other purposes.
This 21 st day of February, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4507
Clayton County Legislative Delegation
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who on oath deposes and says that he is the Senator from the 44th District and further deposes and says as follows:
(1) That the attached 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 23, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_ _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1 -14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TERRELL STARR Terrell Starr Senator, 44th District
Sworn to and subscribed before me, this 26th day of February, 2001.

4508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.
CITY OF MORROW - HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.
No. 254 (Senate Bill No. 264).
AN ACT
To amend an Act to provide a homestead exemption from certain City of Morrow ad valorem taxes for city purposes, approved March 30, 1993 (Ga. L. 1993, p. 4446), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3909), so as to increase the amount of the homestead exemption from City of Morrow ad valorem taxes to $60,000.00; to provide for applicability; to provide for a referendum and automatic repeal; 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 to provide a homestead exemption from certain City of Morrow ad valorem taxes for city purposes, approved March 30, 1993 (Ga. L. 1993, p. 4446), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3909), is amended by striking from subsection (b) of Section 1 the following:
'$40,000.00', and inserting in lieu thereof the following:
'$60,000.00*, so that when amended, such subsection shall read as follows:
"(b) Each resident of the City of Morrow is granted an exemption on that person's homestead from all City of Morrow ad valorem taxes for city purposes in the amount of $60,000.00 of the assessed value of that homestead.'
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Morrow shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Morrow for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2001,

_____________GEORGIA LAWS 2001 SESSION__________4509
and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Morrow. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from certain City of Morrow ad valorem taxes for city purposes in
NO ( ) the amount of $60,000.00 of the assessed value of the homestead for certain residents of that city?"
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 shall become of full force and effect on January 1, 2002. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Morrow. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 2001 Session of the General Assembly of Georgia a bill to amend an Act to provide a homestead exemption from certain City of Morrow ad valorem taxes for city purposes, approved March 30, 1993 (Ga. L. 1993, p. 4446), as amended, particularly by an Act provided March 27, 1995 (Ga. L. 1995, p. 3909; and for other purposes.
This 6th day of February, 2001.
Clayton County Legislative Delegation
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who on oath deposes and says that he is the Senator from the 44th District and further deposes and says as follows:

4510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) That the attached 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 8, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TERRELL STARR Terrell Starr Senator, 44th District
Sworn to and subscribed before me, this 26th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.

____________GEORGIA LAWS 2001 SESSION_________4511
EARLY COUNTY - STATE COURT; SOLICITOR-GENERAL; DISTRICT ATTORNEY TO REPRESENT THE STATE.
No. 275 (House Bill No. 896).
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 provide that on and after January 1, 2005, the district attorney of the judicial circuit within which Early County is located shall represent the state in all criminal prosecutions brought in the State Court of Early County and shall perform the duties ofthe office ofsolicitor-general of the state court; to provide for contracts; to provide that no election shall be held for the office of solicitor-general of the state court; to provide for definitions and references; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Early County, approved August 21, 1906 (Ga. L. 1906, p. 161), as amended, is amended by adding a new Section 4.1 to read as follows:
'SECTION 4.1. As authorized by paragraph (1) of subsection (c) of Code Section 15-18-60 of the O.C.G.A., on and after January 1, 2005, the district attorney of the judicial circuit within which Early County is located shall represent the state in all criminal prosecutions brought in the State Court of Early County and shall perform the duties of the office of solicitor-general of the state court. The governing authority of Early County will contract annually with the district attorney to set a reasonable fee for this service. No election shall be held for the office of solicitor-general of the State Court of Early County for any term of office beginning on or after January 1,2005. On and after January 1,2005, any reference in this Act or in any other law of this state to the solicitor-general of the State Court of Early County shall be deemed to mean and to refer to the district attorney of the judicial circuit within which Early County is located."
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 2001 session of the

4512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. 11_____
General Assembly of Georgia a bill to amend an Act creating the State court of Early County, approved Aug. 21, 1906 (Ga. L. 1906, p. 161), as amended; and for other purposes.
This 5th day of March, 2001.
Anthony Howard, Chairman Board of Commissioners of Early County
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh D. Broome, who on oath deposes and says that he is the Representative from the 160th District and further deposes and says as follows:
(1) That the attached 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: March 7, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 2 8-1 -14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

_____________GEORGIA LAWS 2001 SESSION__________4513
s/ HUGH D. BROOME Hugh D. Broome Representative, 160th District
Sworn to and subscribed before me, this 12th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.
PEACH COUNTY - BOARD OF EDUCATION; COMPENSATION.
No. 276 (House Bill No. 903).
AN ACT
To amend an Act providing for the Board of Education of Peach County, approved March 20, 1990 (Ga. L. 1990, p. 4155), as amended, so as to change the provisions relating to the compensation of members of the board of education; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the Board of Education of Peach County, approved March 20, 1990 (Ga. L. 1990, p. 4155), as amended, is amended by striking Section 4 and inserting in lieu thereof the following:
'SECTION 4. (a) Except as otherwise provided in subsection (b) of this section, the compensation of the members of the Board of Education of Peach County shall be $200.00 per month, unless more than one meeting is held per month in which case the members shall receive $ 100.00 for each additional meeting after the first one up to a maximum total compensation of $400.00 per month. Members shall also be entitled to reimbursement for actual expenses necessarily incurred in connection with their official duties. (b) In lieu of the compensation of the members of the board of education as established in subsection (a) of this section, on or after April 1,2001, the Board of Education of Peach County is authorized to set the compensation of its

4514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
members in an amount of not less than $200.00 per month and not more than $500.00 per month. In addition to the compensation so set, members shall also be entitled to reimbursement for actual expenses necessarily incurred in connection with their official duties. If no action is taken by the board of education pursuant to this subsection, the provisions of subsection (a) of this section shall continue to apply as the compensation of the members of the board. Any action by the board to change the compensation of the members of the board shall be subject to the following conditions and requirements:
(1) Any such change shall not be effective until January 1 immediately following the date on which the action to change the compensation was taken; (2) Such action shall not be taken during the period of time beginning with the date that candidates for election to membership on the board of education may first qualify as such candidates and ending with the date members of the board of education take office following their election; and (3) Such action shall not be taken until notice of intent to take the action has been published in a newspaper of general circulation designated as the legal organ of Peach County at least once a week for three consecutive weeks immediately preceding the week during which the action is taken."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION
Pursuant to the provisions of Section 28-1-14 of the Official Code of Georgia Annotated, notice is hereby given that application will be made to the 2000 Session of the General Assembly of Georgia to amend an Act of the General Assembly entitled "Peach County Board of Education; Election; Terms; Referendum," approved Act approved March 20, 1990 (Ga. L. 1990, page 4155, et seq.), as amended by an Act, approved April 19, 2000 (Ga. L. 2000, page 4259, et seq.), so as to amend Section 4 of said Act to increase the compensation of members of the board of education to $500 per month; to provide an effective date; to repeal conflicting laws; and for other purposes. This 5 th day of January, 2001.
W. Warren Plowden Jr. Attorney for the Peach County School District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who on oath deposes and says that he is the Representative from the 128th District and further deposes and says as follows:

_____________GEORGIA LAWS 2001 SESSION__________4515
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Leader Tribute which is the official organ of Peach County on the following date: January 10, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ ROBERT RAY Robert Ray Representative, 128th District
Sworn to and subscribed before me, this 12th day of March, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 27, 2001.

4516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
COLUMBIA COUNTY - CORONER; COMPENSATION.
No. 277 (House Bill No. 905).
AN ACT
To amend an Act providing for the compensation, expenses, and benefits of the coroner of Columbia County, approved April 20, 1998 (Ga. L. 1998, p. 4541), so as to change the compensation ofthe 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, expenses, and benefits of the coroner of Columbia County, approved April 20, 1998 (Ga. L. 1998, p. 4541), is amended by striking subsection (a) of Section 1 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The coroner of Columbia County shall receive an annual salary in the amount of $16,000.00 payable in equal monthly installments from the funds of Columbia County.'
SECTION 2. This Act shall become effective on January 1, 2002.
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 2001 session of the General Assembly of Georgia a bill to change the compensation of certain county officers of Columbia County; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 28th day of February, 2001.
BEN L. HARBIN State Representative, District 113
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben L. Harbin, who on oath deposes and says that he is the Representative from the 113th District and further deposes and says as follows:

_____________GEORGIA LAWS 2001 SESSION__________4517
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the News-Times which is the official organ of Columbia County on the following date: March 7, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ BEN L. HARBIN Ben L.Harbin Representative, 113th District
Sworn to and subscribed before me, this 12th day of March, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.

4518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BURKE COUNTY - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM.
No. 282 (Senate Bill No. 127).
AN ACT
To provide a homestead exemption from Burke County School District ad valorem taxes for educational purposes in the total amount of the assessed value of the homestead for the taxable year beginning on January 1, 2003, for certain residents of that school district who have annual incomes not exceeding $40,000.00 and who are 65 years of age or older; to provide a homestead exemption from Burke County School District ad valorem taxes for educational purposes in the total amount of the assessed value of the homestead for each taxable year beginning on or after January 1,2004, for certain residents of that school district who are 65 years of age or older without regard to income; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; 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 Burke County School District, including taxes to pay interest on and to retire school bond indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence and not more than one acre of land immediately surrounding such residence. (3) "Income" means adjusted gross income, as defined in the Internal Revenue Code of 1986, as amended, from all sources. (4) "Senior citizen" means a person who is 65 years of age or older on or before January 1 of the year in which application for the exemption under this Act is made.
SECTION 2. (a) For the taxable year beginning on January 1,2003, and ending on December 31, 2003, each resident of the Burke County School District who is a senior citizen is granted an exemption on that person's homestead from all Burke County School District ad valorem taxes for educational purposes in the total amount of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed

_____________GEORGIA LAWS 2001 SESSION__________4519
$40,000.00 for the immediately preceding taxable year. (b) For each taxable year beginning on or after January 1, 2004, each resident of the Burke County School District who is a senior citizen is granted an exemption on that person's homestead from all Burke County School District ad valorem taxes for educational purposes in the total amount ofthe assessed value ofthat homestead without regard to that person's income. (c) A person shall not receive the homestead exemption granted by subsections (a) and (b) of this section unless the person or person's agent files an affidavit with the tax commissioner of Burke County giving the person's age, and, if applicable, the amount of income which the person and the person's spouse residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
SECTION 3. The tax commissioner of Burke County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (c) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Burke County or the designee thereof 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, independent school district taxes, or Burke County taxes for county purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Burke County School District ad valorem taxes for educational purposes.
SECTION 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Burke County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Burke County School District for approval or rejection. The election superintendent shall conduct that election at the time of the November, 2002,

4520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____

general election under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. 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 Burke County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides for exemption from all Burke County School District ad valorem taxes for educational
NO ( ) purposes in the 2003 taxable year for residents of the Burke County School District who are 65 years of age or older and have an annual income of $40,000.00 or less, and which extends such exemption in subsequent years to such residents who are 65 years of age or older without regard to income?"
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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Burke County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 7. Except as otherwise provided in Section 6 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Notice is given that there will be introduced at the regular 2001 Session of the General Assembly of Georgia a bill to provide a homestead exemption from Burke County School District ad valorem taxes for educational purposes for residents over 65 years of age with family incomes not exceeding $40,000.00; to provide for a referendum; and for other purposes.

This 8th day of January, 2001.

/s/ Honorable Don Cheeks Senator, District 23

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Cheeks, who on oath deposes and says that he is the Senator from the 23rd District and further deposes and says as follows:

_____________GEORGIA LAWS 2001 SESSION__________4521
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the True Citizen which is the official organ of Burke County on the following date: January 17, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ DON CHEEKS Don Cheeks Senator, 23rd District
Sworn to and subscribed before me, this 31 st day of January, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 27, 2001.

4522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GORDON COUNTY - BOARD OF ELECTIONS AND REGISTRATION; CREATION; BOARD OF ELECTIONS ABOLISHED.
No. 284 (House Bill No. 757).
AN ACT
To create a board of elections and registration for Gordon County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish certain boards and officers; to provide for meetings and procedures; to provide powers and duties of such board; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the members of the board and elections supervisor; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for the specific repeal of an Act providing for the board of elections of Gordon County, approved April 9, 1999 (Ga. L. 1999, p. 4106); to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to subsection (b) ofCode Section 21 -2-40 ofthe O.C.G.A., there is created the Gordon County Board of Elections and Registration. The board shall have the powers and duties of the election superintendent relating to the conduct of primaries and elections and shall have the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures.
SECTION 2. (a) The board shall be composed of five members, each of whom shall be an elector and resident of Gordon County.
(b)(l) Two members shall be appointed by the governing authority of Gordon County from a list of not less than five persons selected by the chairperson of the county executive committee of the political party whose candidate at the last preceding general election held for the election of Governor received the largest number of votes in this state for Governor, and two members shall be appointed by the governing authority of Gordon County from a list of not less than five persons selected by the chairperson of the county executive committee of the political party whose candidate at such election received the next largest number of such votes; provided, however, that none of such persons may be members of each such respective executive committee.

_____________GEORGIA LAWS 2001 SESSION__________4523
(2) The fifth member of the board shall be appointed by and serve at the pleasure of such governing authority, shall be a full-time county employee, and shall be the chairperson of the board. (c) The first party appointed members of the board shall be appointed for initial terms of office beginning July 1, 2001, and ending December 31, 2004. After the initial terms of office, successors to such members whose terms are to expire shall be appointed to take office on the first day of January immediately following the expiration of such initial terms of office and shall serve for terms of four years each and until their successors are duly appointed and qualified. (d) No person who holds public office, whether elective or appointive, shall be eligible to serve as a member of the board during the term of such office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office or appointment to public office.
SECTION 3. (a) The appointment of each member shall be made by the governing authority's filing with the clerk of the Superior Court of Gordon County an affidavit which states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Act. The affidavit for the member who has been appointed as chairperson of the board shall also specify that member's position as chairperson. The clerk of the superior court shall record each such certification on the minutes of the court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairperson within the same time and in the same manner as provided by law for registrars. (b) If the governing authority does not, in conformity with this Act, certify an appointment to the board within 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, the judge of the Probate Court of Gordon County shall immediately fill that vacancy by making the appointment thereto and shall certify it as provided in this section. Any person appointed to fill a vacancy shall serve out the unexpired term of office.
SECTION 4. Each member of the board shall be eligible to succeed himself or herself without limitation and shall have the right to resign at any time by giving written notice of his or her resignation to the governing authority and to the clerk of the Superior Court of Gordon County. Each member shall be subject to removal from the board by the governing authority of Gordon County at any time for cause after notice and hearing.
SECTION 5. Except as provided in subsection (b) of Section 3 of this Act, in the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, except by expiration of term, the governing authority shall appoint a successor for the remainder of the unexpired term. The clerk of the superior court

4524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
SECTION 6. Before entering upon his or her duties, each member of the board shall take substantially the same oath as required by law for registrars. Each member of the board shall have the same privileges from arrest as registrars.
SECTION 7. On July 1, 2001, the board of elections of Gordon County and the board of registrars of Gordon County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act; and they shall deliver thereafter to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. Also, at such time, the board of elections, the board of registrars, and the office of chief registrar of Gordon County shall be abolished.
SECTION 8. (a) The board shall be authorized to organize 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 for the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board.
SECTION 9. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at the county courthouse. Any specially called meetings, held pursuant to the bylaws adopted by the board, shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information. All meetings of the board, without limitation, shall be open to the public. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review.
SECTION 10. The chairperson of the board shall administer and supervise the conduct of elections, primaries, and registration of electors for the county.

_____________GEORGIA LAWS 2001 SESSION__________4525
SECTION 11. With the consent of the governing authority of Gordon County, the board shall be authorized to employ such full-time and part-time employees as deemed necessary for the efficient conduct of elections, primaries, and registration of electors for the county.
SECTION 12. With the consent of the governing authority of Gordon County, the board of elections and registration shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.
SECTION 13. Compensation for the members of the board, employees of the board, and the chairperson of the board shall be recommended by the board to the governing authority of Gordon County and shall be subject to the approval of the governing authority. Such compensation shall be paid from county funds.
SECTION 14. The governing authority of Gordon County shall provide the board and the elections supervisor with proper and suitable offices and equipment.
SECTION 15. The board is authorized to perform for any municipality located wholly or partially within Gordon County any functions and duties which election superintendents and boards of registrars are authorized by general law to perform on behalf of municipalities under such conditions as provided by general law.
SECTION 16. The words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meanings ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act.
SECTION 17. An Act providing for the board of elections of Gordon County, approved April 9, 1999 (Ga. L. 1999, p. 4106), shall stand repealed in its entirety on July 1, 2001.
SECTION 18. This Act shall become effective on July 1, 2001, except that, for purposes of making initial appointments to the board, it shall become effective on May 1,2001.

4526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. [1_____

SECTION 19. All laws and parts of laws in conflict with this Act are repealed.

RESOLUTION

State of Georgia County of Gordon

BE IT RESOLVED by the Gordon County Board of Commissioners, at a Special Meeting held on the 16th day of February, 2001, that it is the desire and intent of the Board of Commissioners that Local Legislation submitted to the Georgia General Assembly creating a Board of Elections and Registration for Gordon County, Georgia, has an effective date for said legislation, of July 1, 2001.

SO RESOLVE this the 16th day of February 2001, by the Board of Commissioners of Gordon County, Georgia.

Certified by: Annette Frady s/ Annette Frady, Clerk Gordon County Board of Commissioners

Sidney Collins s/ Sidney Collins, Chairman Gordon County Board of Commissioners

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to create a board of elections and registration for Gordon County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish certain boards and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the members of the board and elections supervisor; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for the specific repeal of on Act providing for the board of

_____________GEORGIA LAWS 2001 SESSION__________4527
elections of Gordon County, approved April 9, 1999 (Ga. L. 1999, p. 4106); to provide for effective dates; and for other purposes.
This 12 day of February, 2001.
Isl Tom E. Shanahan Representative
Tom E. Shanahan 10th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Shanahan, who on oath deposes and says that he is the Representative from the 10th District and further deposes and says as follows:
(1) That the attached 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: February 14, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

4528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ TOM SHANAHAN Tom Shanahan Representative, 10th District
Sworn to and subscribed before me. this 21 st day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.
CITY OF POWDER SPRINGS - HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.
No. 340 (House Bill No. 27).
AN ACT
To provide for a homestead exemption from certain City of Powder Springs ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident; to provide that such exemption shall be extended to the unremarried surviving spouse at the time of the person's death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Powder Springs, including, but not limited to, any ad valorem taxes for special district purposes, but not including taxes levied in fire prevention districts for fire prevention purposes and taxes to pay interest on and to retire municipal bonded indebtedness.

_____________GEORGIA LAWS 2001 SESSION__________4529
(2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is granted. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence. (b) Each resident of the City of Powder Springs is granted an exemption on that person's homestead from all City of Powder Springs ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident. Such exemption shall be extended to the unremarried surviving spouse at the time of the person's death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead. If any real property is removed from the homestead, the assessment in the base year shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent or the person's unremarried surviving spouse files an application with the governing authority of the City of Powder Springs, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption. (d) The governing authority of the City of Powder Springs, or the designee thereof, shall provide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 48-550.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person or the person's unremarried surviving spouse granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Powder Springs, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2003.

4530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Powder Springs shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Powder Springs for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2002, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal 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 Cobb County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from certain City of Powder Springs ad valorem taxes for municipal
NO ( ) purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead in order to assure that ad valorem taxes on such property for municipal purposes will not be increased as a result of the reassessment of such property?"
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 onehalf 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 on January 1, 2003. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Powder Springs. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill to provide for a homestead exemption from certain City of Powder Springs ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the

_____________GEORGIA LAWS 2001 SESSION__________4531
taxable year in which that exemption is first granted to a resident; and for other purposes.
This 22nd day of January, 2001.
Representative Earl Ehrhart 36th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Ehrhart, who on oath deposes and says that he is the Representative from the 36th District and further deposes and says as follows:
(1) That the attached 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 26, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 2 8-1 -14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

4532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
s/ EARL EHRHART Earl Ehrhart Representative, 36th District
Sworn to and subscribed before me, this 29th day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.
CITY OF SMYRNA - HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.
No. 341 (House Bill No. 240).
AN ACT
To provide for a homestead exemption from certain City of Smyrna ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. As used in this part, the term:
(1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Smyrna, including, but not limited to, taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this part is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include

_____________GEORGIA LAWS 2001 SESSION__________4533
only the primary residence and not more than five contiguous acres of land immediately surrounding such residence.
SECTION 2. Each resident of the City of Smyrna is granted an exemption on that person's homestead from all City of Smyrna ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.
SECTION 3. A person shall not receive the homestead exemption granted by Section 1 -2 of this part unless the person or person's agent files an application with the governing authority of the City of Smyrna, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Smyrna, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption.
SECTION 4. The governing authority of the City of Smyrna, or the designee thereof, shall provide application forms for the exemption granted by Section 1-2 of this part which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 5. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in Section 1-2 of this part, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under Section 1-2 of this part to notify the governing authority of the City of Smyrna, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
SECTION 6. The exemption granted by this part shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by Section 1-2 of this part shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes.

4534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II______
SECTION 7. The exemption granted by Section 1-2 of this part shall apply to all taxable years beginning on or after January 1, 2002.
SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Smyrna shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Smyrna for approval or rejection. The municipal election superintendent shall conduct that election on the earliest practicable date allowed by law, and shall issue the call and conduct that election as provided by general law. The municipal 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 Cobb County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from certain City of Smyrna ad valorem taxes for municipal
NO ( ) purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?"
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, this Act shall become of full force and effect on January 1, 2002. If the Act is not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Smyrna. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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 2001 session of the General Assembly of Georgia a bill to provide a homestead exemption from certain City of Smyrna ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the

_____________GEORGIA LAWS 2001 SESSION__________4535
terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 10th day of January, 2001.
REPRESENTATIVE GINGER COLLINS 29TH DISTRICT
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ginger Collins, who on oath deposes and says that she is the Representative from the 29th District and further deposes and says as follows:
(1) That the attached 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 12, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

4536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ GINGER COLLINS Ginger Collins Representative, 29th District
Sworn to and subscribed before me, this 12th day of January 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.
COBB COUNTY - STATE COURT; SOLICITOR-GENERAL; ASSISTANT SOLICITORS; COMPENSATION.
No. 342 (House Bill No. 675).
AN ACT
To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3732), so as to change the compensation of the solicitorgeneral; to change the provisions relating to the compensation of assistant solicitors; 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 State Court of Cobb County, approved March 26,1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3732), is amended by striking paragraph (1) of subsection (b) of Section 27 of said Act and inserting in its place a new paragraph (1) to read as follows:
'(1) The compensation of the solicitor-general shall be $92,491.11 per year, payable in equal monthly installments from the funds of Cobb County.'
SECTION 2. Said Act is further amended by striking subsection (d) of Section 27 and inserting in its place a new subsection (d) to read as follows:

_____________GEORGIA LAWS 2001 SESSION__________4537

*(d) The solicitor-general shall have the authority to appoint the same number of assistant solicitors as the number of judges of Division I and Division II of the State Court of Cobb County and the same number of additional assistant solicitors as the number of magistrates of the Magistrate Court of Cobb County, plus three additional assistant solicitors, one of whom shall be the chief assistant solicitor, one of whom may be the deputy assistant solicitor, and one of whom may serve as an intake attorney at the Cobb County Adult Detention Center. The compensation of such assistant solicitors shall be determined by the solicitorgeneral. The compensation of the chief assistant solicitor shall not exceed $82,160.00, payable in equal monthly installments from the funds of Cobb County. The compensation of the deputy assistant solicitor shall not exceed $77,875.20, payable in equal monthly installments from the funds of Cobb County. The compensation of the third assistant solicitor shall not exceed $67,491.84 and shall be paid in the same manner as all other assistant solicitors. The solicitor-general shall prescribe the duties and assignments of said assistant solicitors and, while so employed, they shall not engage in the private practice of law."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

COBB COUNTY BOARD OF COMMISSIONERS RESOLUTION

WHEREAS: Cobb County is part of a fast-growing region that; over the last decade, has seen a substantial increase in population and demand for public services; and

WHEREAS: These services and functions are managed by elected officials who hold very important legislated responsibilities; and

WHEREAS: The salaries for these separate and independent offices are determined by the Georgia General Assembly; and

WHEREAS:

Members of the local delegation to the General Assembly have asked that the Board of Commissioners address the impact of any salary adjustments for local officials enacted during this current budget; and

4538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. 11____

WHEREAS: Members of the local delegation to the General Assembly have authority to set salary increases for the following positions attached thereto; now

THEREFORE: Be it Resolved, that we, the Cobb County Board of Commissioners, hereby commits that the county's adopted budget contains adequate funding to support salary adjustments as approved by the Cobb Delegation to the Georgia General Assembly in the FY01 Budget. We further request that all the above salary increases be effected upon July 1, 2001 or upon the Governor's signature, whichever is earlier.

This, the 13th day of February 2001.

s/William J. Byrne CHAIRMAN

s/ Billy L. Askea District 1

s/ Samuel S. Olens District 3

s/ Joe L. Thompson District 2

s/ George W. Thompson Jr. District 4

The following positions are those that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases.

District Commissioners (4) Commission Chairman Administrative Specialist, Tax Commissioner Executive Secretary, Tax Commissioner Deputy Tax Commissioner Tax Commissioner Executive Assistant to the Sheriff Chief Investigator Sheriff Chief Deputy Sheriff Sheriff Probate Court Clerk Probate Judge Juvenile Court Judge Presiding Juvenile Court Judge Magistrate Judge Chief Deputy Clerk State Court State Court Clerk Solicitor Investigator Assistant Solicitor

_____________GEORGIA LAWS 2001 SESSION__________4539
Chief Assistant Solicitor Solicitor State Court Division II Judges (4) State Court Judges (6) Senior Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk District Attorney Investigator District Attorney Chief Investigator Assistant District Attorney Superior Court Judges (8) Senior Judge Superior Court
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2001 Session of the General Assembly of Georgia a bill to amend and Act creating the Civil and Criminal Court of Cobb County (later known as the State Court of Cobb County), approved March 26,1964 (Ga. L. 1964, p. 3211), as amended; to provide for related matters, and for other purposes.
This 31 st day of January, 2001.
Cobb County Delegation BY: Don Wix, Secretary
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John J. Wiles, who on oath deposes and says that he is the Representative from the 34th District and further deposes and says as follows:
(1) That the attached 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 2, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

4540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ JOHN J. WILES John J. Wiles Representative, 34th District
Sworn to and subscribed before me, this 16th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.
CITY OF POWDER SPRINGS - HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.
No. 347 (Senate Bill No. 89).
AN ACT
To provide for a homestead exemption from certain City of Powder Springs ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum,

____________GEORGIA LAWS 2001 SESSION__________4541
effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Powder Springs, including, but not limited to, taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence.
SECTION 2. Each resident of the City of Powder Springs is granted an exemption on that person's homestead from all City of Powder Springs ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.
SECTION 3. A person shall not receive the homestead exemption granted by Section 2 of this Act unless the person or person's agent files an application with the governing authority of the City of Powder Springs, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Powder Springs, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption.
SECTION 4. The governing authority of the City of Powder Springs, or the designee thereof, shall provide application forms for the exemption granted by Section 2 of this Act which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.

4542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II______
SECTION 5. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in Section 3 of this Act, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under Section 2 of this Act to notify the governing authority of the City of Powder Springs, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
SECTION 6. The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by Section 2 of this Act shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes.
SECTION 7. The exemption granted by Section 2 of this Act shall apply to all taxable years beginning on or after January 1, 2002.
SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Powder Springs shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Powder Springs for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. The municipal 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 Cobb County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from certain City of Powder Springs ad valorem taxes for municipal
NO ( ) purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?"
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 onehalf of the votes cast on such question are for approval of the Act, Sections 1 through 7 of this Act shall become of full force and effect on January 1, 2002. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that

_____________GEORGIA LAWS 2001 SESSION__________4543
election date. The expense of such election shall be borne by the City of Powder Springs. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 10. 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 2001 session of the General Assembly of Georgia a bill to provide for a homestead exemption from certain City of Powder Springs ad valorem taxes for municipal purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident; and for other purposes.
This 22nd day of January, 2001.
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 the Senator from the 33rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in Marietta Daily Journal the which is the official organ of Cobb County on the following date: January 26, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated

4544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ STEVE THOMPSON Steve Thompson Senator, 33rd District
Sworn to and subscribed before me, this 29th day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 27, 2001.
DOUGLAS COUNTY - HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM.
No. 357 (Senate Bill No. 56).
AN ACT
To provide for a homestead exemption from certain Douglas County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident; to provide that such exemption shall be extended to the unremarried surviving spouse at the time of the person's death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide a short title; to provide for definitions; to specify the terms and conditions

_____________GEORGIA LAWS 2001 SESSION__________4545
of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Douglas County Property Taxpayer Reassessment Relief Act of 2001."
SECTION 2. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Douglas County, including, but not limited to, any ad valorem taxes for special district purposes, but not including taxes levied in fire prevention districts for fire prevention purposes and taxes to pay interest on and to retire county bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence. (b) Each resident of Douglas County is granted an exemption on that person's homestead from all Douglas County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident. Such exemption shall be extended to the unremarried surviving spouse at the time of the person's death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead. If any real property is removed from the homestead, the assessment in the base year shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent or the person's unremarried surviving spouse files an application with the tax commissioner of Douglas County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. (d) The tax commissioner of Douglas County shall provide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section

4546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person or the person's unremarried surviving spouse granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county or the designee thereof in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2003.
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Douglas County shall call and conduct an election on the date of the 2002 general primary as provided in this section for the purpose of submitting this Act to the electors of Douglas County for approval or rejection. The election superintendent shall issue the call and conduct that election as provided by general law. 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 Douglas County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from certain Douglas County ad valorem taxes for county purposes
NO ( ) in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead in order to assure that ad valorem taxes on such property for county purposes will not be increased as a result of the reassessment of such property?"
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 onehalf of the votes cast on such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect on January 1, 2003. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Douglas County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

_____________GEORGIA LAWS 2001 SESSION__________4547

SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

RESOLUTION Douglas County Board of Commissioners RESOLUTION SUPPORTING PROPERTY TAXPAYER REASSESSMENT RELIEF FOR DOUGLAS COUNTY

WHEREAS, the Douglas Board of Commissioners desires to provide ad valorem property tax relief to the citizens of Douglas County; and

WHEREAS, the Georgia General Assembly may by local act approve legislation to allow a local referendum on the question of freezing the assessed value of a homestead in Douglas County; and

WHEREAS, Douglas County Board of Commissioners support the introduction of such legislation to provide for a homestead exemption from ad valorem taxes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value ofthat homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident;

NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners does hereby request the Douglas County legislative delegation introduce and seek approval for a local bill that will allow a local referendum on the question of property tax relief through the freezing of the assessed value of a homestead.

SO RESOLVED, this 19th day of September, 2000.

Rita Rainwater s/ Rita Rainwater, Chairman

Johnny Groover s/ Johnny Groover, Member

Claude Abercrombie s/ Claude Abercrombie, Member

Deborah Woody s/ Deborah Woody, Member

Gail Hale s/ Gail Hale, Member

4548 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 2001 Session of the General Assembly of Georgia a bill to provide for a homestead exemption from certain Douglas County ad valorem taxes for county purposes in an amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in wh ich that exemption is first granted to a resident, to provide that such exemption shall be extended to the unremarried surviving spouse at the time of the person's death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 11th day of January, 2001.
s/ Honorable William Hamrick Senator, District 30
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William G. Hamrick, who on oath deposes and says that he is the Senator from the 30th District and further deposes and says as follows:
(1) That the attached 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 13, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

_____________GEORGIA LAWS 2001 SESSION__________4549
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ WILLIAM G. HAMRICK William G. Hamrick Senator, 30th District
Sworn to and subscribed before me, this 19th day of January, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 28, 2001.
COBB COUNTY - STATE COURT; SOLICITOR-GENERAL; ASSISTANT SOLICITORS; COMPENSATION.
No. 359 (Senate Bill No. 237).
AN ACT
To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3732), so as to change the compensation of the solicitorgeneral; to change the provisions relating to the compensation of assistant solicitors; 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:

4550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3732), is amended by striking paragraph (1) of subsection (b) of Section 27 of said Act and inserting in its place a new paragraph (1) to read as follows:
'(1) The compensation of the solicitor-general shall be $92,491.11 per year, payable in equal monthly installments from the funds of Cobb County."
SECTION 2. Said Act is further amended by striking subsection (d) of Section 27 and inserting in its place a new subsection (d) to read as follows:
"(d) The solicitor-general shall have the authority to appoint the same number of assistant solicitors as the number of judges of Division I and Division II of the State Court of Cobb County and the same number of additional assistant solicitors as the number of magistrates of the Magistrate Court of Cobb County, plus three additional assistant solicitors, one of whom shall be the chief assistant solicitor, one of whom may be the deputy assistant solicitor, and one of whom may serve as an intake attorney at the Cobb County Adult Detention Center. The compensation of such assistant solicitors shall be determined by the solicitorgeneral. The compensation of the chief assistant solicitor shall not exceed $82,160.00, payable in equal monthly installments from the funds of Cobb County. The compensation of the deputy assistant solicitor shall not exceed $77,875.20, payable in equal monthly installments from the funds of Cobb County. The compensation of the third assistant solicitor shall not exceed $67,491.84 and shall be paid in the same manner as all other assistant solicitors. The solicitor-general shall prescribe the duties and assignments of said assistant solicitors and, while so employed, they shall not engage in the private practice of law."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 2001 Session of the General Assembly of Georgia a bill to amend and Act creating the Civil and Criminal Court of Cobb County (later known as the State Court of Cobb County), approved March 26,1964 (Ga. L. 1964, p. 3211), as amended; to provide for related matters, and for other purposes.

_____________GEORGIA LAWS 2001 SESSION_________4551
This 31 st day of January, 2001.
Cobb County Delegation BY: Don Wix, Secretary
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 the Senator from the 33rd District and further deposes and says as follows:
(1) That the attached 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 2, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement ofsubsection (b) ofCode Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/STEVE THOMPSON Steve Thompson Senator, 33rd District

4552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 21 st day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 28, 2001.
CITY OF SMYRNA - HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.
No. 360 (Senate Bill No. 90).
AN ACT
To provide for a homestead exemption from certain City of Smyrna ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Smyrna, including, but not limited to, taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence.

_____________GEORGIA LAWS 2001 SESSION__________4553
SECTION 2. Each resident of the City of Smyrna is granted an exemption on that person's homestead from all City of Smyrna ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.
SECTIONS. A person shall not receive the homestead exemption granted by Section 2 of this Act unless the person or person's agent files an application with the governing authority of the City of Smyrna, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Smyrna, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption.
SECTION 4. The governing authority of the City of Smyrna, or the designee thereof, shall provide application forms for the exemption granted by Section 2 of this Act which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 5. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in Section 3 of this Act, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under Section 2 of this Act to notify the governing authority of the City of Smyrna, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
SECTION 6. The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by Section 2 of this Act shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes.

4554 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II______
SECTION 7. The exemption granted by Section 2 of this Act shall apply to all taxable years beginning on or after January 1, 2002.
SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Smyrna shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Smyrna for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2001, and shall issue the call and conduct that election as provided by general law. The municipal 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 Cobb County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from certain City of Smyrna ad valorem taxes for municipal
NO ( ) purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?"
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 onehalf of the votes cast on such question are for approval of the Act, Sections 1 through 7 of this Act shall become of full force and effect on January 1, 2002. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Smyrna. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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 2001 session of the General Assembly of Georgia a bill to provide a homestead exemption from certain City of Smyrna ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base

_____________GEORGIA LAWS 2001 SESSION__________4555
year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum; effective dates, and automatic repeal; and for other purposes.
This 10th day of January, 2001.
REPRESENTATIVE GINGER COLLINS 29TH DISTRICT
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 the Senator from the 33rd District and further deposes and says as follows:
(1) That the attached 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 12, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
_____ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

4556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/STEVE THOMPSON Steve Thompson Senator, 33rd District
Sworn to and subscribed before me, this 29th day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 28, 2001.
FULTON COUNTY - COMMUNITY IMPROVEMENT DISTRICTS; ELECTORS.
No. 361 (House Bill No. 64).
AN ACT To amend an Act creating one or more community improvement districts in unincorporated Fulton County and within each municipality therein, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, so as to redefine a certain term; to change certain provisions relating to taxes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating one or more community improvement districts in unincorporated Fulton County and within each municipality therein, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, is amended by striking paragraph (7) of Section 3 and inserting in lieu thereof the following:
'(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 Fulton 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 representative of an elector whose designation is made in writing. An owner of property subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority, and one vote for each $1,000.00 (or fraction thereof) in assessed value of the owner's property for an election based on value majority. An owner of multiple parcels has one vote, not one

_____________GEORGIA LAWS 2001 SESSION__________4557
vote per parcel, for an election based on numerical majority, and one vote for each $1,000.00 (or fraction thereof) in assessed value of the aggregate of the owner's properties subject to taxes, fees, or assessments levied by the board, for an election based on value majority. Multiple owners of one parcel have one vote for elections based on numerical majority, and one vote for each $1,000.00 (or fraction thereof) in assessed value of the owners' property for elections based on value majority, which must be cast by one of their number who is designated in writing."
SECTION 2. Said Act is further amended by striking subsection (b) of Section 6 and inserting in lieu thereof the following:
"(b) The board shall levy the above-provided taxes and notify in writing the collecting governing body so it may include the levy on its regular ad valorem tax bills."
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 2001 session of the General Assembly of Georgia a bill to amend an Act entitled the "Fulton County Community Improvement Districts Act" approved April 3, 1987 (GA L 1987, p. 5460) as amended.
This the 14th day of December, 2000.
Rep. Wendell K. Willard House District 44
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendall Willard, who on oath deposes and says that he is the Representative from the 44th District and further deposes and says as follows:
(1) That the attached 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: December 29, 2000.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

4558 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ WENDALL K. WILLARD Wendall K. Willard Representative, 44th District
Sworn to and subscribed before me, this 8th day of January, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 28, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4559
BURKE COUNTY - BOARD OF EDUCATION; VACANCIES.
No. 363 (House Bill No. 230 ).
AN ACT
To amend an Act providing for the election of members of the Board of Education of Burke County, approved March 27,1985 (Ga. L. 1985, p. 4481), as amended, so as to change the provisions relating to the filling of vacancies on the board of education; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the election of members of the Board of Education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, is amended by striking subsection (a) of Section 6 of said Act and inserting in its place the following:
*(a)(l) In the event a vacancy occurs on the board of education when 14 or more months remain in the unexpired term of office, the election superintendent of Burke County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill the vacancy for the remainder of the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the 'Georgia Election Code,' as now or hereafter amended. Any person elected to fill a vacancy on the board of education as provided in this paragraph shall possess the residency and other qualifications required for the office. Any person elected in such special election to fill such a vacancy shall take office immediately upon certification of the results of such special election and qualification. (2) In the event a vacancy occurs on the board of education when less than 14 months remain in the unexpired term of office, the remaining members of the board of education shall appoint a qualified person to fill the vacancy for the remainder of the unexpired term of office. Any person appointed by the board of education to fill a vacancy as provided in this paragraph shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification.'
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 2001 session of the General Assembly of Georgia a bill to amend an Act providing for the election of

4560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
members of the Board of Education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended; and for other purposes.
This 15th day of January.
/s Alberta J. Anderson Representative 116th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alberta Anderson, who on oath deposes and says that she is the Representative from the 116th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the True Citizen which is the official organ of Burke County on the following date: January 17, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.

_____________GEORGIA LAWS 2001 SESSION__________4561
s/ALBERTA ANDERSON Alberta Anderson Representative, 116th District
Sworn to and subscribed before me, this 24th day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 28, 2001.
CLAYTON COUNTY - CORONER; OFFICE ABOLISHED.
No. 371 (Senate Bill No. 27).
AN ACT
To abolish the office of coroner of Clayton County and establish in its place the office of medical examiner of Clayton County pursuant to Code Section 45-16-80 of the O.C.G.A.; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to Code Section 45-16-80 of the O.C.G.A., the office of coroner of Clayton County is abolished and there is established in lieu thereof the office of medical examiner of Clayton County. The medical examiner shall have the qualifications, compensation, functions, powers, rights, and duties and shall serve and be appointed as specified in said Code section.
SECTION 2. If the office of coroner of Clayton County is vacant on the date on which this Act is approved by the Governor or becomes law without such approval, then this Act shall become effective on that date. If the office of coroner is not vacant on that date but becomes vacant prior to January 1, 2005, then this Act shall become effective on the date on which the office becomes vacant. Otherwise, this Act shall become effective January 1, 2005. In no event shall any election be held or appointment be made to fill any vacancy in the office of coroner of Clayton County on or after the date on which this Act is approved by the Governor or becomes law

4562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
without such 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 2001 session of the General Assembly of Georgia a bill to abolish the office of coroner of Clayton County and establish in its place the office of medical examiner of Clayton County pursuant to Code Section 45-16-80 of the O.C.G.A.; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
This 3rd day of January, 2001.
Clayton County Legislative Delegation
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who on oath deposes and says that he is the Senator from the 44th District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the News Daily which is the official organ of Clayton County on the following date: January 5, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local

_____________GEORGIA LAWS 2001 SESSION__________4563
school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TERRELL STARR Terrell Starr Senator, 44th District
Sworn to and subscribed before me, this 8th day of January, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 28, 2001.
WAYNE COUNTY - STATE COURT; JUDGE AND SOLICITOR-GENERAL; COMPENSATION.
No. 386 (Senate Bill No. 301).
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), and particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4328), so as to change the salary of the judge and solicitor; 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 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), and particularly by an Act approved March 30, 1993 (Ga. L. 1993, p.

4564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
4328), is amended by striking Section 3 of said amendatory Act of 1958 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
'Section 3. The judge of the State Court of Wayne County shall be paid an annual salary equal to the sum of 40 percent of the annual salary of a judge of superior court. Such salary 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 Section 4 of said amendatory Act of 1958 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
'Section 4. The solicitor of the State Court of Wayne County shall be paid an annual salary equal to the sum of 40 percent of the annual salary of a judge of superior court. Such salary shall be paid in monthly installments from the funds of Wayne County at the direction of the board of commissioners of Wayne County.'
SECTION 3. This Act shall become effective on January 1, 2002.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Notice is hereby given that there will be introduced at the regular 2001 session of the General Assembly of Georgia a bill 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), and particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4328), so as to change the salary of the judge and solicitor; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 21 day of February, 2001.
S-Tommie Williams State Senator, District 6
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommie Williams, who on oath deposes and says that he is the Senator from the 6th District and further deposes and says as follows:
(1) That the attached 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 25, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4565
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
___ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.
X The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/ TOMMIE WILLIAMS Tommie Williams Senator, 6th District
Sworn to and subscribed before me, this 27th day of February, 2001.
s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL)
Approved April 28, 2001.

4566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF SNELLVILLE - NEW CHARTER.
No. 387 (House Bill No. 466).
AN ACT
To provide a new charter for the City of Snellville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style City of Snellville, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be:

_____________GEORGIA LAWS 2001 SESSION__________4567
"Official Map of the corporate limits of the City of Snellville, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The mayor and 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 entire map or maps which it is designated to replace.
SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (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 the government of the City of Snellville to be exercised by the mayor and city council shall include, but not be limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (5) Business regulation and taxation. To levy and to provide for collection of license fees and taxes on privileges, occupations, trades, and professions; to

4568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement ofair quality, the restoration and maintenance ofwater resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefitting 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; (12) General health, safety andwelfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to 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; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or

___________GEORGIA LAWS 2001 SESSION__________4569
community service projects on the streets, roads, drains, and squares in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (16) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, road, alleys, and walkways of the city; (17) Municipal agencies and delegation ofpower. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (18) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (19) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (20) Municipal property protection. To provide for the preservation and protection ofproperty and equipment ofthe city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city, as provided by ordinance; (22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (23) Ordinances, rules and regulations. To make, establish, and adopt such bylaws, ordinances, policies, and rules and regulations as shall appear necessary for the security, welfare, convenience, and interest ofthe city and the inhabitants thereof and for preserving the health, peace, order, and good government of the city; (24) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (25) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community;

4570 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(26) Police andfire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (27) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (28) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted; (29) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (30) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (31) Public utilities and services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (32) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance or signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (33) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (34) Road-ways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city, for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; to authorize and control the construction of bridges, overpasses, and underpasses

___________GEORGIA LAWS 2001 SESSION__________4571
within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (35) Sewerfees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (36) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (37) Special areas ofpublic regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors; (38) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (39) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (40) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (41) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (42) Urban redevelopment. To organize and operate an urban redevelopment program; and (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all

4572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
LEGISLATIVE BRANCH SECTION 2.10.
City council; creation; number; election.
(a) 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 councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter. (b) Any person desiring to offer as a candidate for mayor of the city shall specify that he or she is offering for the office of mayor. Any person serving as a councilmember desiring to offer himself or herself as a candidate for mayor shall resign his or her position of councilmember upon qualifying as a candidate for mayor. (c) For the purpose of electing the five councilmembers of the city, there shall be five council posts to be designated Council Post 1 through Council Post 5. Any person desiring to offer as a candidate for councilmember shall designate the council post for which he or she is offering. Any person serving as mayor or as councilmember of a different post desiring to become a candidate for councilmember shall resign his or her position of mayor or councilmember of a different post upon qualifying as a candidate for councilmember.
SECTION2.il. Terms and qualifications for office.
The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve

____________GEORGIA LAWS 2001 SESSION__________4573
as mayor or councilmember unless that person shall have been a resident of the city for twelve months prior to the date of the election of the mayor and councilmembers; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; filling of vacancies.
(a) Vacancies. The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted. (b) Filling ofvacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the mayor and confirmed by the city council if less than twelve months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated or other such laws as are or may hereafter be enacted.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict ofinterest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction, nor 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 the independence of his or her judgment or action in the performance 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 independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Title 50, Chapter 14 of the Official

4574 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
Code of Georgia Annotated, 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 interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; and (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest consistent with the city's code of ethics and such disclosure shall be entered on the records of the city council, and that official shall disqualify himself or herself, consistent with the city's code of ethics, 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. (d) Use ofpublic property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable andrescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he or she was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which he or she was elected. (g) Political activities ofcertain officers and employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office in the city. No employee

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of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise. No elected official shall serve as an officer or on the board of a homeowners' association located within the city. No member of an elected official's immediate family shall serve as an employee of the city. (h) Penalties for violation.
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position. (2) Any officer or employee of the city who shall forfeit his or her office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority.
Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city.
SECTION 2.17. Eminent domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.

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ORGANIZATION AND PROCEDURES
SECTION 2.18. Organizational meetings.
The city council shall hold an organizational meeting on or before the second Monday following any 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) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
SECTION 2.19. Regular and special meetings.
(a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember 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 councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted.
SECTION 2.20. Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

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SECTION 2.21. Quorum; voting.
The mayor and three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. When the mayor pro tem is presiding in the mayor's absence, the mayor pro tem and three councilmembers shall constitute a quorum. Voting on the adoption or ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three members of the city council shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote. Once a quorum is established, the quorum cannot be defeated by the subsequent departure of the mayor or a councilmember.
SECTION 2.22. Ordinance form; procedures.
(a) Every proposed ordinance should 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 "It is hereby ordained by the governing authority of the City of Snellville...." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 2.23. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.24. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility

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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 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 councilmembers 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 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 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. (b) Such meetings shall be open to the public to the extent required by law, and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted.
SECTION 2.25. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may

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specify. This compilation shall be known and cited officially as "The Code of the City of Snellville, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
MAYOR-COUNCIL FORM OF GOVERNMENT SECTION 2.27.
Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four years and until his or her successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of his or her service. The mayor shall forfeit his or her office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.28. Mayor pro tempore.
By a majority vote, the city council shall elect a councilmemberto serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. The mayor pro tempore shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter.
SECTION 2.29. Powers and duties of mayor; city's chief executive officer.
The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesman for the city and the chief advocate of policy;

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(3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council and be counted toward a quorum as any other councilmember; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish; (8) Be the chief executive of the city; possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter, except as otherwise specifically provided for in this charter; and have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration; (9) Appoint and remove, with confirmation from the city council, all officers, department heads, and employees of the city except as otherwise provided in this charter; (10) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (11) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; (12) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; and (13) Perform such other duties as may be required by law, this charter, or by ordinance.
SECTION 2.30. Limits on terms of service.
No mayor elected and qualified for two consecutive terms shall be eligible for the succeeding term. No councilmember elected and qualified for three consecutive terms shall be eligible for the succeeding term. However, said official shall be eligible to requalify for said office after having been out of office for one term.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, or alter all nonelective

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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 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. (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, be responsible for the administration and direction of the affairs and operations of his or her department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointive officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.
SECTION3.il. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor with the confirmation of the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by 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 or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath 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) All members of a board, commission, or authority shall serve at will and may be removed from office by a vote of three members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board,

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commission, or authority of the city shall elect one of its members as chair and one member as vice chair and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
ADMINISTRATIVE OFFICERS SECTION 3.12. City attorney.
The mayor shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney.
SECTION 3.13. City clerk.
The mayor shall appoint a city clerk who shall not be a councilmember. 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 mayor and city council.
PERSONNEL ADMINISTRATION SECTION 3.14.
Position classification and pay plans.
The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.

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SECTION 3.15. Personnel policies.
The city council shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the City of Snellville.
SECTION4.il. Chief judge; associate judge.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by 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 has been an active member of the State Bar of Georgia for at least five years and shall possess all other qualifications required by law. All judges shall be appointed by the mayor and confirmed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the mayor upon confirmation by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of his or her office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.

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SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months, or both, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operations 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 presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the 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 same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each

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judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Gwinnett County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. 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 at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.
SECTION5.il. Regular elections; time for holding.
(a) There shall be a municipal general election biennially on the Tuesday next following the first Monday in November in each even-numbered year. (b) There shall be elected the mayor and two councilmembers at one election, and at every other election thereafter, the election cycle set forth herein shall be perpetuated. The remaining city councilmembers' seats shall be filled at the election alternating with the first election so that a continuing body is created.

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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 designations.
SECTION 5.13. Election by majority.
The person receiving a majority of the votes cast for any city office shall be elected.
SECTION 5.14. Special election; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the mayor or those remaining shall order a special election to fill the balance ofthe unexpired term ofsuch official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code."
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall

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provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Gwinnett County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Gwinnett County following a hearing on a complaint seeking such removal brought by any resident of the City of Snellville.
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, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION6.il. Millage rate; due dates; payment methods.
The city council, by resolution, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory fees; permits.
The city council, by ordinance, shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general

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law. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years, and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

_____________GEORGIA LAWS 2001 SESSION__________4589
SECTION 6.17. Construction; other taxes and fees.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by 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; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.

4590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.22. Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. 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.
SECTION 6.24. Preparation of budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program, and a capital improvements budget, including requirements as to the scope, content, and form of such budgets and programs.
SECTION 6.25. Submission of operating budget.
On or before a date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

_____________GEORGIA LAWS 2001 SESSION________4591
SECTION 6.26. Action on budget.
(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing fiscal year not later than June 30 of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least by sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.

4592 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 6.29. Capital improvements budget.
(a) On or before the date fixed by the city council, but no later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than June 30 of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
SECTION 6.31. Contracting procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by him or her to indicate such drafting or review; and (3) It is made or authorized by the mayor and such approval is entered in the city council journal of proceedings pursuant to Section 2.21of this charter.

_____________GEORGIA LAWS 2001 SESSION__________4593
SECTION 6.32. Purchasing.
The city council shall by policy prescribe procedures for a system of purchasing for the city.
SECTION 6.33. 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 now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. 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. Bonds for officials.
The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION7.il. Prior ordinances.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force

4594 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
until amended or repealed by the city council.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue, and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
SECTION 7.16. Specific repealer.
An Act incorporating the City of Snellville in the County of Gwinnett, approved August 20, 1923 (Ga. L. 1923, p. 775), as amended, is repealed in its entirety.

__________GEORGIA LAWS 2001 SESSION________4595
SECTION 7.17. Effective date.
This Act shall become effective on July 1, 2001.
SECTION 7.18. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
The public is hereby notified that amendments to the Municipal Charter of the City of Snellville, Georgia have been proposed and will be introduced during the current legislative session. Three major amendments are proposed as follows: provide for term limits for the office of Snellville elected officials; two (2) consecutive terms for the office of Mayor and three (3) consecutive terms for the office of Council Member; the Mayor will become a voting member of the body; newly elected officials will be sworn in on the second Monday following the election.
Sharon Lowery, City Clerk
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeffrey L. "Jeff Williams, who on oath deposes and says that he is the Representative from the 83rd District and further deposes and says as follows:
(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on the following date: February 2, 2001.
(2) That the laws requiring notice of local legislation were further complied with in the manner checked below:
X A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

4596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.
___ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1.
s/JEFFREY L. "JEFF" WILLIAMS Jeffrey L. "Jeff Williams Representative, 83rd District
Sworn to and subscribed before me, this 7th day of February, 2001.
s/ DEANA COKER Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved April 28, 2001.

HOME RULE ORDINANCES
OF COUNTIES
AND CONSOLIDATED GOVERNMENTS

_____________GEORGIA LAWS 2001 SESSION__________4599
ATHENS-CLARKE COUNTY- COMMISSION; CLERK; APPOINTMENT; MANAGER'S DUTIES.
AN ORDINANCE UNDER THE HOME RULE POWERS GRANTED TO ATHENS-CLARKE COUNTY TO AMEND THE CHARTER OF ATHENSCLARKE COUNTY, GEORGIA WITH RESPECT TO THE APPOINTMENT AND DUTIES OF THE CLERK OF COMMISSION; AND FOR OTHER PURPOSES.
The Commission of Athens-Clarke County, Georgia hereby ordains as follows:
SECTION 1. By the authority granted pursuant to the Charter of Athens-Clarke County Section 8-112, Paragraph (2), and under the Home Rule powers granted to Athens-Clarke County, Georgia pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, Section 2-105, entitled "Powers of the Commission," paragraph (b) of the Charter of Athens-Clarke County is hereby amended by adding a new subparagraph (5) to said paragraph (b) as follows:
"(5) Appoint the Clerk of Commission by a majority vote of the entire Commission, describe duties and the compensation for said office, and terminate said Clerk at any time by a majority vote of the entire Commission."
SECTION 2. By the authority granted pursuant to the Charter of Athens-Clarke County Section 8-112, Paragraph (2), and under the Home Rule powers granted to Athens-Clark County, Georgia pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, Section 4-102, entitled "Manager; Powers and Duties," paragraph (a) of the Charter of Athens-Clarke County is hereby amended by deleting subparagraph (9) of said paragraph (a) in its entirety.
SECTION 3. By the authority granted pursuant to the Charter of Athens-Clarke County Section 8-112, Paragraph (2), and under the Home Rule powers granted to Athens-Clarke County, Georgia pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, Section 4-110, entitled "Clerk of Commission; Duties," of the Charter of Athens-Clarke County is hereby amended by deleting paragraph (5) thereto in its entirety and substituting the following in lieu thereof:
"(5) Providing administrative support to the Commission, the Mayor and the Manager of Athens-Clarke County and to carry out such other duties as may be directed by the Commission."
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

4600________COUNTY HOME RULE ORDINANCES___________

Adopted the 6th day of June, 2000 s/ G. J. Spratlin____ Clerk of Commission

Approved the 9th day of June, 2000 s/ Doc Eldridge____ Mayor

I hereby certify this is a true and correct copy of an ordinance adopted by the Mayor and Commission of Athens-Clarke County, Georgia on June 6, 2000.

s/ Gloria J. Spratlin Gloria J. Spratlin Clerk of Commission

AN ORDINANCE UNDER THE HOME RULE POWERS GRANTED TO ATHENS-CLARKE COUNTY TO AMEND THE CHARTER OF ATHENSCLARKE COUNTY, GEORGIA WITH RESPECT TO THE APPOINTMENT AND DUTIES OF THE CLERK OF COMMISSION; AND FOR OTHER PURPOSES.
The Commission of Athens-Clarke County, Georgia hereby ordains as follows:
SECTION 1. By the authority granted pursuant to the Charter of Athens-Clarke County Section 8-112, Paragraph (2), and under the Home Rule powers granted to Athens-Clarke County, Georgia pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, Section 2-105, entitled "Powers of the Commission," paragraph (b) of the Charter of Athens-Clarke County is hereby amended by adding a new subparagraph (5) to said paragraph (b) as follows:
"(5) Appoint the Clerk of Commission by a majority vote of the entire Commission, describe duties and the compensation for said office, and terminate said Clerk at any time by a majority vote of the entire Commission."
SECTION 2. By the authority granted pursuant to the Charter of Athens-Clarke County Section 8-112, Paragraph (2), and under the Home Rule powers granted to Athens-dark County, Georgia pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, Section 4-102, entitled "Manager; Powers and Duties," paragraph (a) of the Charter of Athens-Clarke County is hereby amended by deleting subparagraph (9) of said paragraph (a) in its entirety.
SECTION 3. By the authority granted pursuant to the Charter of Athens-Clarke County Section 8-112, Paragraph (2), and under the Home Rule powers granted to Athens-Clarke County, Georgia pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, Section 4-110, entitled "Clerk of Commission; Duties," of the Charter of Athens-Clarke County is hereby amended

_____________GEORGIA LAWS 2001 SESSION__________4601

by deleting paragraph (5) thereto in its entirety and substituting the following in lieu thereof:

"(5) Providing administrative support to the Commission, the Mayor and the Manager of Athens-Clarke County and to carry out such other duties as may be directed by the Commission."

SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Adopted the 5th day of July, 2000 s/ G. J. Spratlin____ Clerk of Commission

Approved the 11th day of July, 2000 s/ Doc Eldridge_____ Mayor

I hereby certify this is a true and correct copy of an ordinance adopted by the Mayor and Commission of Athens-Clarke County, Georgia on June 6, 2000.

s/ Gloria J. Spratlin Gloria J. Spratlin Clerk of Commission

STATE OF GEORGIA COUNTY OF CLARKE

AFFIDAVIT

I, ANGELA SMITH. AN AGENT OF THE ATHENS DAILY NEWS/BANNER HERALD DO HEREBY SUBSCRIBE THAT THE ATHENS DAILY NEWS/BANNER HERALD PUBLISHED THE ATTACHED ADVERTISEMENT ON THE FOLLOWING DATES:

JUNE 9, 2000; JUNE 16, 2000; JUNE 23, 2000

S/ ANGELA SMITH_____________ AGENT CLASSIFIED PHONE SALES MANAGER
SWORN TO AND SUBSCRIBED BEFORE ME, THIS 7TM DAY OF JULY, 2000.

4602

COUNTY HOME RULE ORDINANCES

S/ VALERE B. W1NFREY NOTARY PUBLIC, ATHENS-CLARKE COUNTY, GEORGIA MY COMMISSION EXPIRES FEBRUARY 29, 2004

NOTICE

An ordinance to amend the Charter of the Unified Government of Athens-Clarke County, Georgia with respect to the Appointment and Duties of the Clerk of Commission was presented for first adoption at the regular meeting of the Mayor and Commission of Athens-Clarke County on June 6, 2000 and will be presented for final adoption at the regular meeting of the Mayor and Commission of AthensClarke County on July 5, 2000. A copy of said amendment is on file in the Office of the Clerk of Commission of Athens-Clarke County and the Office of the Clerk of Superior Court of Athens-Clarke County for the purpose of inspection by the public. This notice is given pursuant to the requirements of Article 9, Section 2, Paragraph 1 of the Constitution of the State of Georgia and Section 8-112 of the Charter of the Unified Government of Athens-Clarke County, Georgia.

Filed in the Office of the Secretary of State July 19, 2000.

DEKALB COUNTY - MERIT SYSTEM; HEARING OFFICERS; APPEALS OF DISCIPLINED EMPLOYEES.
DEKALB COUNTY - MERIT SYSTEM
AN ORDINANCE
BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF 1956, GEORGIA LAWS 1956, PAGE 3111, ET SEQ., AS AMENDED, AUTHORIZING THE ESTABLISHING OF A MERIT SYSTEM IN DEKALB COUNTY FOR EMPLOYEES OF DEKALB COUNTY, AUTHORIZING THE ESTABLISHING OF A MERIT SYSTEM COUNCIL, PRESCRIBING ITS DUTIES, RESPONSIBILITIES, TERMS OF OFFICE, METHOD OF APPOINTMENT AND RELATED MATTERS, SO AS TO AMEND SAID 1956 ACT TO EXTEND THE SYSTEM OF HEARING OFFICERS TO INCLUDE HEARING APPEALS OF DISCIPLINED EMPLOYEES IN ADDITION TO THE APPEALS OF DISMISSED EMPLOYEES; TO AMEND PROVISIONS PERTAINING TO APPEALS OF DISCIPLINED EMPLOYEES, AND FOR OTHER PURPOSES.

_____________GEORGIA LAWS 2001 SESSION__________4603
BE IT ORDAINED by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia, that the Act, as amended, pertaining to the DeKalb County Merit System authorizing the establishing of a merit system in DeKalb County for the employees of DeKalb County, authorizing the establishing of a Merit System Council prescribing its duties, responsibilities, terms ofoffice, method ofappointment and related matters, Georgia Laws 1956, Page 3111, et seq., as amended, be and the same is hereby further amended as follows:
1.
By deleting Section 1 (1956 Ga. Laws p. 3111, as amended) (Shown as Sec. 1052 in Appendix B to the DeKalb County Code) in its entirety and substituting in lieu thereof the following:
(a) There is hereby authorized to be created and established by the governing authority of DeKalb County a merit system of personnel administration, to be known as the DeKalb County Merit System. The said governing authority shall be authorized to create such merit system by appropriate resolution, which resolution shall specify the department, personnel and officers of the county government covered by said system and the effective date of said system.
(b) All employees of DeKalb County may be placed under said merit system except: All elected officials; all deputies ofthe sheriffand tax commissioner; the marshal, clerk, and deputy clerks and deputy marshals of the state court of DeKalb County; the assistant solicitors-general; county attorney, assistant county attorneys; all deputies of the clerk of superior court; the court reporters for the superior court, and state court of DeKalb County; and the sheriff of DeKalb County.
(c) The governing authority of DeKalb County shall not discriminate between employees under the merit system and employees not under the merit system in the granting of merit salary increases.
(d) The chief of the DeKalb County police department shall be under the DeKalb County merit system.
By amending Section 2 (1956 Ga. Laws p. 3112, as amended) (Shown as Sec. 1053 in Appendix B to the DeKalb County Code) by deleting "twenty dollars ($20.00)" in subparagraph (c) and substituting in lieu thereof "fifty dollars ($50.00)".

4604________COUNTY HOME RULE ORDINANCES___________
III.
By deleting Section 4(1956 Ga. Laws p. 3113, as amended) (Shown as Sec. 1055 in Appendix B to the DeKalb County Code) in its entirety and substituting in lieu thereof the following:
"(a) The merit system council, when requested by the Chief Executive Officer, may hold public meetings regarding proposed rules and regulations and standards of the merit system and thereafter recommend to the board of commissioners the adoption of rules and regulations and standards affecting the merit system established under this Act. Said board of commissioners may adopt a personnel code which may include provisions for the establishment and maintenance of job classification and compensation plans, the conduct of examinations for appointment under the merit system, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, service ratings, reinstatements, appeals, and such additional regulations as may be deemed to be in the best interest of impartial selection of efficient personnel and improvement of public administration. The rules and regulations may provide for the establishment of a register of persons eligible for appointment under the merit system, provided that no elected county officers shall be required to choose personnel solely from said register, but the personnel employed by such a county officer shall be processed in accordance with such rules arid regulations as may be adopted. Said personnel code, rules and regulations when approved and adopted by the board of commissioners shall have the force of law and be binding upon all departments and offices of the county enumerated in the resolution creating the merit system as to all personnel subject to the jurisdiction of the board of commissioners.
(b) The Chief Executive Officer is authorized to implement the personnel code and the rules and regulations adopted by the board of commissioners by such procedures and rules as he or she deems appropriate, and to provide for the review of personnel actions in such manner as he or she deems appropriate, consistent with the policies established by the board of commissioners.
1. For the review of appeals pertaining to disciplinary actions (dismissal, demotion or suspension) of permanent classified employees for cause, the chief executive officer shall establish a pool of persons eligible to serve as hearing officers. A hearing officer's review shall afford the employee the right to present evidence and to be heard in the manner and under such rules, regulations and administrative procedures as may be prescribed by the Chief Executive Officer or designee and outlined in the formal, written Administrative Procedures To The Personnel Chapter Of The DeKalb County Code. Within budgetary limitations, compensation of persons serving as hearing officers shall be set forth in the Administrative Procedures To The Personnel Chapter Of The DeKalb County Code, but in no event shall the hearing officer be a current official or employee of DeKalb County or have

_____________GEORGIA LAWS 2001 SESSION__________4605
been an official or employee of DeKalb County within ten years prior to serving as a hearing officer. In the discretion of the Chief Executive Officer, the approval of the board of commissioners may be sought for any and all such procedures.
2. A person serving as a hearing officer shall possess the qualifications from either of the following:
a. Baccalaureate degree in personnel administration, labor relations, public administration, political science or business administration, and a minimum of three (3) years experience in investigating or reviewing employment grievances or similar complaints; OR
b. Admitted to the practice of law in the State of Georgia and an active member of the State Bar of Georgia, plus a minimum of two (2) years experience in the practice of law.
(c) The merit system council shall keep and maintain an accurate record of minutes and shall be authorized to hire a clerk to keep and maintain its minutes, the compensation of such clerk to be set by the governing authority of said county.
(d) Said council shall be authorized to make recommendations as to amendments, additions to and changes in said rules and regulations from time to time and when said amendments, changes or additions are adopted by the board of commissioners, said amendments shall have the force of law and be binding on all parties affected by said merit system. A simple majority of the council members shall constitute a quorum for the conduct of any hearing or business to be transacted by the council. Action of the council shall be by vote of a majority of members present at a meeting where a quorum is present.
IV.
By deleting Section 5 (1956 Ga. Laws p. 3115, as amended) (Shown as Sec. 1056 in Appendix B to the DeKalb County Code) in its entirety and substituting in lieu thereof the following:
"(a) No permanent classified employee of any department or office of the county which has been brought under the merit system pursuant to this Act may be disciplined (suspended, demoted or dismissed) except for good cause, as set forth in the rules and regulations of the merit system, as approved by the governing authority of the county. Any employee so disciplined shall have the right of appeal pursuant to the rules and regulations so adopted for that purpose, by filing his or her notice of appeal in writing with the merit system director within ten (10) days after the date of his or her disciplinary action.

4606________COUNTY HOME RULE ORDINANCES___________
(b) A hearing officer shall be assigned, pursuant to the administrative procedures, to hear said appeal within forty-five (45) days after it is filed with the merit system director, during which time the merit system director must afford the disciplined employee a hearing before said hearing officer, which may be continued from time to time, to fully explain his or her conduct for which he or she was disciplined.
(c) The hearing officer may reverse a disciplinary action only upon a finding that it was based upon an error in fact or was motivated by a non-job related factor.
(d) The hearing officer shall issue a written decision within twenty (20) days from the conclusion of the hearing. The hearing officer shall maintain a record of the hearing which shall consist of the evidence received by the hearing officer. The decision of the hearing officer shall be in writing, dated and signed. The written decision shall contain findings of fact and conclusions, and shall clearly set forth the grounds for such decision.
(e) An adversely affected party may file an application for review of the hearing officer's decision to the merit system council. The application for review must be in writing and filed with the merit system director within ten (10) days from the date of receipt of the hearing officer's decision. Receipt of the decision of the hearing officer is hereby deemed to occur no later than the third day after the decision is placed in the United States mail, with sufficient postage attached, addressed to the parties, or their attorneys' of record.
(f) The review by the merit system council shall be solely from the record created by the hearing officer. The merit system council shall not be empowered to receive or to hear additional evidence but shall act as a body to review the decision of the hearing officer. The merit system council may not reverse the decision of the hearing officer unless it determines that such findings of fact or conclusions were clearly erroneous, giving due regard to the exclusive opportunity of the hearing officer to judge the credibility of the witnesses. The merit system council decision shall be in writing, and shall show the numerical vote of the merit system council. If the merit system council, by majority vote, affirms the decision of the hearing officer, the merit system council may incorporate those findings of facts and conclusions of the hearing officer upon which the merit system council bases its decision. If the merit system council, by majority vote, reverses the decision of the hearing officer, the merit system council shall set forth those specific factual findings that it deems clearly erroneous and shall detail all reasons which support its determination. If the decision of the hearing officer is not reversed in writing by the merit system council within thirty (30) days from the date the application for review was filed, the decision of the hearing officer shall become final and shall stand affirmed.
(g) All reviews of a final decision of the hearing officer or of the merit system council shall be by writ of certiorari from the superior court of DeKalb County

____________GEORGIA LAWS 2001 SESSION__________4607
according to law on application of the county or the dismissed employee. On review, the decision ofthe hearing officer or the council, with respect to all findings of fact, shall be conclusive and shall not be reversed except upon a determination by the court that such findings were not sustained by substantial evidence, giving due regard to the exclusive opportunity ofthe hearing officer tojudge the credibility of the witnesses."
V.
By deleting Section 6 (1956 Ga. Laws p. 3115) (Shown as Sec. 1057 in Appendix B To The DeKalb County Code) in its entirety and substituting in lieu thereof the following:
Sec. 1057. Merit system director.
"The merit system director shall be appointed as provided in the DeKalb County Organizational Act, Section 13 (c) (2)."
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 jurisdiction, such declaration shall not affect the remaining portions ofthis 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 Commissioners of DeKalb County, Georgia for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment or repeal is on file in the office of the Clerk of Superior Court of DeKalb County for the purposes of examination and inspection by the public.
IX.
This Ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 25th day of July, 2000, and again on the 8th day of August,

4608________COUNTY HOME RULE ORDINANCES___________

2000, at the regular time and place of the meeting of the DeKalb County Board of Commissioners.

X.

A synopsis of this Ordinance shall be published in the official organ of DeKalb County once a week for three weeks, namely on the 6th day of July, 2000, the 13th day of July, 2000, and on the 20th day of July, 2000, and a copy of this Ordinance shall be filed with the Clerk of DeKalb County Superior Court for the purpose of examination and inspection of the public along with sufficient copies of the same for distribution to those members of the public who desire the same.

XI.

The provisions of this Ordinance are effective upon the filing with the Secretary of State, a copy of this Ordinance, together with a copy of the required notice of publication and an affidavit of a duly authorized representative of the newspaper in which said notice was published to the effect that said notice has been published.

ADOPTED by the DeKalb County Board of Commissioners, on July 25, 2000, and again on August 8, 2000.

s/ Gale Walldorff Gale Walldorff Presiding Officer Board of Commissioners of DeKalb County, Georgia

APPROVED by the Chief Executive Officer of DeKalb County, Georgia this 8th day of August, 2000.

s/ Liane Levetan______ Chief Executive Officer DeKalb County, Georgia

APPROVED AS TO FORM:

ATTEST:

s/ Jeffery L. Mann____ Assistant County Attorney

s/ Michael J. Bell. Ex-Officio Clerk, Board of Commissioners
and Chief Executive Officer DeKalb County, Georgia

STATE OF GEORGIA COUNTY OF DEKALB

____________GEORGIA LAWS 2001 SESSION__________4609
I, MICHAEL J. BELL, the duly authorized Ex-Officio Clerk of the Board of Commissioners and ChiefExecutive Officer ofDeKalb County, Georgia, do hereby certify that the attached instrument is a true and correct copy of the Ordinance adopted by said Board at two regular, consecutive meetings held on July 25,2000 and on August 8, 2000.
s/Michael J. Bell. Ex-Officio Clerk of the Chief Executive Officer and Board of Commissioners, DeKalb County, Georgia.
Sworn to and subscribed before me this 14th day of August, 2000.
s/ Barbara H. Sanders_______ Barbara H. Sanders Notary Public, Gwinnett County, Georgia My Commission Expires April 20, 2004
STATE OF GEORGIA COUNTY OF DEKALB
Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, LOCAL ACT, 1956, P.3111 was published in said newspaper on the following date(s):
07/06/00, 07/13/00, 07/20/00
s/ Carolyn Jernigan-Glenn________ CAROLYN J. GLENN, PUBLISHER
Sworn to and subscribed before me this 07/20/00.
s/ Dorcas Y. Jernigan__________ Notary Public, DeKalb County, GA My commission expires July 31, 2001. (SEAL)
PUBLIC NOTICE
The public is hereby notified that action is underway by the DeKalb County Board of Commissioners to amend certain provisions of a local act of the General

4610_______COUNTY HOME RULE ORDINANCES_________
Assembly (Acts 1956, p. 3111, as amended) relating to the appeals of employees disciplined. Generally, the proposed amendment provides that all disciplinary matters (as defined) will be heard by a hearing officer, where previously suspensions and demotions were heard by a personnel review panel. The amendment further clarifies the types of disciplinary matters that may be heard by a hearing officer. It is necessary for the Board of Commissioners to adopt an ordinance at two consecutive meetings held not less than seven (7) nor more than sixty (60) days apart which ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted under the homes rule provisions for counties of the Constitution of the State of Georgia.
The public is hereby further notified that a copy of said proposed ordinance is on file with the Clerk of DeKalb County Superior Court, DeKalb County Courthouse, Decatur, Georgia for public examination and inspection, and that upon written request copies are available from the Clerk for interested members of the public.
Liane Levetan Chief Executive Officer DeKalb County, Georgia
Filed in the Office of the Secretary of State August 16, 2000.

HOME RULE ORDINANCES
OF MUNICIPAL CORPORATIONS

_____________GEORGIA LAWS 2001 SESSION__________4613
CITY OF DAWSON - CORPORATE LIMITS; ANNEXATION.
AN ORDINANCE BY THE MAYOR AND COUNCIL OF THE CITY OF DAWSON, GEORGIA,
TO AMEND THE CHARTER OF THE CITY OF DAWSON, GEORGIA, PURSUANT TO O.C.G.A. 36-35-3 TO PRESCRIBE FOR
NEW CITY LIMITS FOR THE CITY OF DAWSON, GEORGIA; TO ANNEX CERTAIN TERRITORY INTO
THE CITY OF DAWSON, GEORGIA, AND FOR OTHER PURPOSES.
The Charter of the City of Dawson, Georgia, (contained in the Laws of the State of Georgia of 1970 at Page 3121, et seq.) is hereby amended by adding to Section 1-3, an amendment annexing additional territory into the City Limits of Dawson, Georgia.
Be it ordained by the Mayor and City Council of the City of Dawson, Georgia, and it is hereby ordained by the authority of the same that an amendment to the City Charter of Dawson, Georgia, is enacted to read as follows:
1.That the corporate limits of said municipality are enlarged as follows: The corporate limits of said municipality shall remain as they are at the present time, except by adding thereto and annexing into the City of Dawson, Georgia, the territory described in Exhibit "A" attached hereto, and as shown and delineated on a survey of the same made by Richard M. Pace, Registered Land Surveyor, prepared March 1, 2000, and which plat is attached hereto and marked Exhibit "B," said plat being recorded in the office of the Clerk of the Superior Court of Terrell County, Georgia, in Plat Book 5, Page 379.
2. That the authority of the Mayor and City Council to annex territory described in Exhibit "A" is exercised pursuant to O.C.G.A. 36-36-1, et seq. and the Mayor and City Council of the City of Dawson, Georgia, do certify that the appropriate applications and petitions to be annexed into the City of Dawson, Georgia, have been executed by all of the land owners incorporated into the new boundaries of the City of Dawson, Georgia. All application to be annexed and petitions of land owners to be annexed shall remain on file in the office of the Clerk of the City of Dawson.
3. This Ordinance shall become effective after the completion of the requirements prescribed by O.C.G.A.36-35-3 and in any event not later than July 30, 2000, at 12:00 noon.
s/ Robert Albritten Mayor

4614_______MUNICIPAL HOME RULE ORDINANCES__________
ATTEST: s/ Sherri Howard Clerk
First Reading: March 9, 2000
Second Reading: April 13, 2000
All that tract or parcel of land situate, lying and being in Lots of Land No. 226 and 255 of the 12th Land District of Terrell County, Georgia, and being more specifically described as follows: Commence at a reference point which is the northeast corner of Land Lot No. 226, and which is also the northwest corner of Land Lot No. 227 in the 12th Land District of Terrell County, Georgia, and from said reference point run thence in a southerly direction along the east land lot line of Land Lot 226 south 0 degrees 28 minutes 37 seconds west a distance of 1,263.52 feet; thence run in a westerly direction south 80 degrees 21 minutes 0 seconds west 540.48 feet to a point; thence run in a southerly direction south 09 degrees 33 minutes 17 seconds west a distance of 430 feet to the point of beginning of the herein described property. From the point of beginning run thence in a southerly direction south 09 degrees 33 minutes 17 seconds west a distance of 1,604.57 feet to the existing City Limits of the City of Dawson; thence run in an arc along the present City Limits of the City of Dawson, the chord of which is north 30 degrees 17 minutes 54 seconds west for a chord distance of 1,627.46 feet to a point; thence run north 0 degrees 33 minutes 42 seconds east 253.27 feet to a point; thence run south 89 degrees 26 minutes 18 seconds east 468.09 feet to a point; thence continue in an easterly direction the chord of which is south 84 degrees 56 minutes 30 seconds east for a distance of 406.42 feet to a point; thence continue in an easterly direction south 80 degrees 26 minutes 43 seconds east for a distance of 215 feet to the point of beginning.
The herein described property is more particularly defined and delineated by reference to a survey and plat of the same made by Richard M. Pace, Georgia Registered Land Surveyor, dated March 1, 2000, and recorded March 6, 2000, in the office of the Clerk of the Superior Court of Terrell County, Georgia, in Plat Book 5, page 379, and which plat is by reference hereto incorporated herein and made a part of this description.
EXHIBIT "A"
EXHIBIT "B"
Editor's note: The plat labeled "EXHIBIT 'B'" is on file in the Office of the Secretary of State.

_____________GEORGIA LAWS 2001 SESSION__________4615
GEORGIA, TERRELL COUNTY
Personally appeared before the undersigned attesting officer THOMAS F. LEONARD who, after being duly sworn, depose(s) and say(s) as follows:
"I (we) am (are) the ownerfs) of the property described in Exhibit "A" attached hereto and made a part hereof. The property which I (we) own is contiguous to the City Limits of the City of Dawson, Georgia, and I (we) wish that property to be incorporated in the City of Dawson, Georgia.
I (we) do hereby consent and request that the City of Dawson, Georgia, annex the property described on Exhibit "A" attached hereto so that the same shall become a part of and be in the City Limits of the City of Dawson, Georgia.
This 8 day of March 2000."
s/ Thomas F. Leonard (SEAL)
Signed, sealed and executed this 8 day of March, 2000. in the presence of:
s/ William F. Mitchem Witness
GEORGIA, TERRELL COUNTY CITY OF DAWSON. GEORGIA
Personally appeared before the undersigned attesting officer, JAMES M. COLLIER, who, after being duly sworn, deposes and says as follows:
"My name is James M. Collier and I am the City Attorney for the City of Dawson, Georgia. I certify that the Ordinance by the City of Dawson amending Section 1 -3 of the City Charter was duly read and approved at the Council's regular meeting on March 9, 2000 (first reading) and again on April 13, 2000 (second reading and passage); that the same was properly advertised and properly filed for inspection at the office of the City Clerk, City Hall, Dawson, Georgia, and the Clerk of the Superior Court of Terrell County, Georgia."
Further affiant sayeth not.
s/ James M. Collier____ James M. Collier, Affiant Attorney for the City of Dawson, GA

4616_______MUNICIPAL HOME RULE ORDINANCES__________
Sworn to and subscribed before me, this 27 day of April, 2000.
s/ Beverly N. Peeler Notary Public Terrell County, GA My Comm. Exp. Oct. 15,2001
GEORGIA, TERRELL COUNTY
AFFIDAVIT
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, a legal representative of The Dawson. News, who, after being duly sworn, deposes and says on oath upon information and belief that: "The above and foregoing legal notices were published in The Dawson News, the official organ of Terrell County, Georgia, on March 16, 2000, March 23, 2000, and March 30, 2000."
Further affiant sayeth not.
s/ Tommy Rountree_________ Tommy Rountree, Editor & Publisher Legal Representative of The Dawson News
Sworn to and subscribed before me, this 27th day of April, 2000.
s/ BeverlvN. Peeler Notary Public Terrell County, GA My Comm. Exp. Oct. 15,2001
PUBLIC NOTICE OF A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF DAWSON, GEORGIA
Notice is hereby given that the City Council is considering amending the Charter for the City of Dawson, Georgia, Section 1-3, by adding to Section 1-3 an amendment annexing additional territory into the City Limits of Dawson, Georgia.

_____________GEORGIA LAWS 2001 SESSION__________4617
A copy of the proposed Amendment is on file in the office of the Clerk for the City of Dawson, City Hall, and in the office of the Clerk of the Superior Court of Terrell County in the Terrell County Courthouse for the purpose of examination and inspection by the public. Upon written request, a copy ofthe proposed Amendment will be furnished to any interested party.
Final action on this Amendment shall be taken at the regular monthly meeting of the City Council of the City of Dawson on April 13, at 6:30 p.m. at City Hall.
Filed in the Office of the Secretary of State May 2, 2000.

CITY OF ATLANTA - BILL OF RIGHTS; NONDISCRIMINATION

AN ORDINANCE

00-0-0074

AN ORDINANCE ADOPTED BY AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, AS AMENDED, O.C.G.A. 36-35-1 THROUGH -8, TO AMEND THE BILL OF RIGHTS OF THE CHARTER OF THE CITY OF ATLANTA (1966 GA. LAWS P. 4469, ET SEQ., APPROVED APRIL 15, 1996) TO ADD COLOR, AGE, GENDER IDENTITY, AND DISABILITY TO THE NONDISCRIMINATION PROVISION; TO MAKE A SIMILAR AMENDMENT TO ARTICLE 3, CHAPTER 5, SECTION 3-502; AND FOR OTHER PURPOSES.

Whereas, the Bill of Rights of the Charter of the City of Atlanta, 1996 Ga. Laws p. 4469, et seq., approved April 15, 1996, provides that the City shall not discriminate among persons because of race, religion, sex, marital status, sexual orientation, or national origin, but lacks reference to color, age, gender identity, and disability; and

Whereas, a prohibition against discrimination on the basis of color is referenced elsewhere in the City Charter and in the City of Atlanta Code of Ordinances; and

Whereas, the City of Atlanta Code of Ordinances prohibits discrimination in employment on account of an individual's age and disability; and

Whereas, it is in the City's interest that the provisions of the City Charter and the Code of Ordinances be consistent; and

4618_______MUNICIPAL HOME RULE ORDINANCES_________
Whereas, gender identity, meaning self-perception as male or female, is different from sexual orientation; and
Whereas, it is in the best interests of the City of Atlanta to treat all individuals fairly and equitably regardless of gender identity;
NOW THEREFORE, THE COUNCIL OF THE CITY OF ATLANTA HEREBY ORDAINS as follows:
SECTION 1. The Bill of Rights of the Charter of the City of Atlanta, which currently provides at paragraph 4:
Nondiscrimination. The City of Atlanta shall not, directly or indirectly, discriminate among persons because of race, religion, sex, marital status, sexual orientation, or national origin. Nothing herein shall prevent the City of Atlanta from remedying present discrimination or the present effects of past discrimination by a race-conscious affirmative action program which is in compliance with the Constitution and laws of the United States of America and the State of Georgia.
shall be deleted in its entirety and the following inserted in lieu thereof:
Nondiscrimination. The City of Atlanta shall not, directly or indirectly, discriminate among persons because of race, color, religion, sex, marital status, sexual orientation, national origin, or gender identity. Nor shall the City of Atlanta discriminate among persons because of age, to the extent that the Age Discrimination in Employment Act prohibits discrimination on the basis of age, nor because of disability, to the extent that the Americans with Disabilities Act prohibits discrimination on the basis of disability. Nothing herein shall prevent the City of Atlanta from remedying present discrimination or the present effects of past discrimination by a race-conscious affirmative action program which is in compliance with the Constitution and laws of the United States of America and the State of Georgia.
SECTION 2. Article 3, Chapter 3 of the Charter of the City of Atlanta, which currently provides at 3-502:
It shall be the policy of the city, its departments, and boards that all personnel matters shall be determined solely on the basis of merit and qualification, without respect to race, color, religion, sex, national origin, or political affiliation.
shall be deleted in its entirety and the following inserted in lieu thereof:
It shall be the policy of the city, its departments, and boards that all personnel matters shall be determined solely on the basis of merit and qualification, without

_____________GEORGIA LAWS 2001 SESSION__________4619

respect to race, color, religion, sex, marital status, sexual orientation, national origin, political affiliation, or gender identity. Further, all personnel matters shall be determined without respect to age, to the extent that the Age Discrimination in Employment Act prohibits discrimination on the basis of age, and without respect to disability, to the extent that the Americans with Disabilities Act prohibits discrimination on the basis of disability.

SECTION 3. That a copy of these proposed amendments to the Charter of the City of Atlanta shall be filed in the office of the Municipal Clerk and in the offices of the clerks of the Superior Courts of Fulton County and DeKalb County, and that a "Notice of Proposed Amendments to the Charter of the City of Atlanta," attached hereto, marked "Exhibit A" and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County, and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta, and provided that such final adoption shall only take place during the week immediately succeeding the week in which the last advertisement was published.

SECTION 4. That all ordinances and parts of ordinances and all Charter provisions and parts of Charter provisions in conflict herewith are hereby repealed.

A true copy, s/ Rhonda Dauphin Johnson Municipal Clerk, CMC

ADOPTED by the Council March 06, 2000 APPROVED by the Mayor March 14, 2000

NOTICE OF PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an ordinance has been introduced to amend the Bill of Rights of the Charter of the City of Atlanta, 1996 Ga. Laws p. 4469, et seq., approved April 15, 1996, to add color, age, gender identity, and disability to the nondiscrimination provision; to make a similar amendment to Article 3, Chapter 3, section 3-502; and for other purposes.

A copy of the proposed amendments are on file in the office of the Municipal Clerk of the City of Atlanta and in the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purposes of examination and inspection by the public.

This __ day of _____________, 2000.

EXHIBIT A PUBLISHER'S AFFIDAVIT

4620_______MUNICIPAL HOME RULE ORDINANCES________
STATE OF GEORGIA COUNTY OF FULTON
Before me, the undersigned, a Notary Public, this day personally came Kimberly Shepard, who, being duly sworn, according to law, says she is an agent of the American Lawyer Media, L.P. publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:
02/10/00, 02/17/00, 02/24/00
s/ Kimberly Shepard_____ Kimberly Shepard Agent of the Daily Report
Subscribed and sworn to before me this 02/23/00.
s/ Eileen T. Murdock_______ Notary Public Fulton County, GA Expires June 17, 2001
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance (00-0-0074) has been introduced to amend the Bill of Rights of the Charter of the City of Atlanta, 1996 Ga. Laws, p. 4469, et seq. approved April 15, 1996, to add color, age, gender identity, and disability to the nondiscrimination provision; to make a similar amendment to Article 3, Chapter 3, Section 3-502; and for other purposes.
A copy of the proposed amendments are on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 7th day of January, 2000 Rhonda Dauphin Johnson Municipal Clerk, CMC #48:2/10-3KS

_____________GEORGIA LAWS 2001 SESSION__________4621
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
JENNIFER WHITE, personally appeared before me, the undersigned Notary Public, who states she is a Contract Administration Assistant for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part ofthis affidavit appeared in The Atlanta Journal and The Atlanta Constitution on the following dates: FEBRUARY 10, 17,24,2000.
SWORN TO AND SUBSCRIBED BEFORE ME, THIS 25TH DAY OF FEBRUARY 2000.
s/Wanda W. Moore_____ (NOTARY SIGNATURE) MY COMMISSION EXPIRES MARCH 12,2002
NOTICE OF PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Bill of Rights of the Charter of the City of Atlanta, 1996 Ga. Laws p. 4469, et. seq., approved April 15, 1996, to add color, age, gender identity, and disability to the nondiscrimination provision; to make a similar amendment to Article 3, Chapter 3, Section 3-502; and for other purposes.
A copy ofthe proposed amendments are on file in the Office ofthe Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 7th day of February 2000. Rhonda Dauphin Johnson Municipal Clerk, CMC
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF DEKALB

4622_______MUNICIPAL HOME RULE ORDINANCES________
Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, NONDISCRIMINATION (00-0-0074) was published in said newspaper on the following date(s):
02/17/00, 02/24/00, 03/02/00
s/ Carolyn Jernigan-Glenn CAROLYN J. GLENN, PUBLISHER
Sworn to and subscribed before me
s/ Dorcas Y. Jernigan_____ Notary Public My commission expires July 31, 2001
NOTICE OF PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance (00-0-0074) has been introduced to amend the Bill of Rights of the Charter of the City of Atlanta, 1996 Ga. Laws p. 4469, et. seq., approved April 15, 1996, to ad color, age, gender identity, and disability to the nondiscrimination provision; to make a similar amendment to Article 3, Chapter 3, Section 3-502; and for other purposes.
A copy of the proposed amendments are on file in the Office of the Municipal Clerks of the City of Atlanta and in the offices of the Clerk of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
Given under my hand and seal of this office on the 8th day of February, 2000.
Rhonda Dauphin Johnson Municipal Clerk, CMC
Filed in the Office of the Secretary of State May 3, 2000.

_____________GEORGIA LAWS 2001 SESSION__________4623

CITY OF ATLANTA - COUNCIL; QUALIFICATIONS; RESIDENCE; DOMICILE.

CITY COUNCIL ATLANTA, GEORGIA

AN ORDINANCE

00-0-0191

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET. SEQ.) AS AMENDED, TO AMEND SECTION 2-102 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET. SEQ.), APPROVED APRIL 15,1996, AS AMENDED, SO AS TO ADD A NEW SUBSECTION (E) WHICH SHALL DEFINE "RESIDENCE" AS "DOMICILE"; TO REPEAL CONFLICTING ORDINANCES AND CHARTER PROVISIONS; AND FOR OTHER PURPOSES.

The Council of the City of Atlanta, Georgia Hereby Ordains as follows:

Section 1: Section 2-102 (entitled "Qualifications") of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et. seq.), approved April 15, 1996, as amended, is hereby amended to add a new subsection (e) which shall provide as follows:

"(e) Whenever the terms 'reside', 'residence', or 'residency' appear in this section, the same shall be interpreted to mean his or her domicile."

Section 2: A copy of this proposed amendment to the Charter of the City of Atlanta, (GA. Laws 1996, p. 4469, et seq.), approved April 15, 1996, as amended, shall be filed in the Office of the Municipal Clerk and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties and the "Notice of Proposed Amendment to the Charter of the City of Atlanta" attached hereto as Exhibit "A" and by reference, made a part hereof, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and the official organs of Fulton County and DeKalb County, and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta.

Section 3: All ordinances and charter provisions or parts of ordinances and charter provisions in conflict herewith are hereby repealed.

OMC Amendment incorporated by WDH 3/9/00

4624______MUNICIPAL HOME RULE ORDINANCES_________

A true copy,

ADOPTED as amended by Council

s/Rhonda Dauphin Johnson

March 06, 2000

Municipal Clerk, CMC

RETURNED WITHOUT SIGNATURE OF

THE MAYOR

APPROVED as per City Charter Section

2-403

March 15, 2000

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter ofthe City ofAtlanta (Ga. Laws, 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET. SEQ.) AS AMENDED, TO AMEND SECTION 2-102 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET. SEQ.), APPROVED APRIL 15, 1996, AS AMENDED, SO AS TO ADD A NEW SUBSECTION (E) WHICH SHALL DEFINE "RESIDENCE" AS "DOMICILE"; TO REPEAL CONFLICTING ORDINANCES AND CHARTER PROVISIONS; AND FOR OTHER PURPOSES.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
This __ day of ____________, 2000.

Municipal Clerk "Exhibit A"
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON

____________GEORGIA LAWS 2001 SESSION_________4625
Before me, the undersigned, a Notary Public, this day personally came Kimberly Shepard, who, being duly sworn, according to law, says she is an agent of the American Lawyer Media, L.P. publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:
02/17/00
s/ Kimberly Shepard Kimberly Shepard Agent of the Daily Report
Subscribed and sworn to before me this 02/16/00.
s/ Eileen T. Murdock_________ Notary Public Fulton County Notary expires June 17, 2001.
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter ofthe City ofAtlanta (Ga. Laws, 1996, P. 4469, et. seq.) approved April 15, 1996, as amended said Ordinance, (00-0-0191) being captioned as follows: An Ordinance to amend the Charter of the City of Atlanta, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, et. seq.) as amended, to amend Section 2-102, of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996 p. 4469, et. seq.) approved April 15, 1996, as amended, so as to add a new Subsection (c) which shall decline "residence" as "domicile", to repeal conflicting ordinances and charter provisions; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office ofthe Municipal Clerk ofthe City ofAtlanta and in the offices ofthe Clerks ofthe Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 10th day of February, 2000 Rhonda Dauphin Johnson Municipal Clerk, CMC #49:2/17-IKS

4626_______MUNICIPAL HOME RULE ORDINANCES_________
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
Before me, the undersigned, a Notary Public, this day personally came Kimberly Shepard, who, being duly sworn, according to law, says she is an agent of the American Lawyer Media, L.P. publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:
02/24/00
s/ Kimberly Shepard Agent of the Daily Report
Subscribed and sworn to before me this 02/23/00.
s/ Eileen T. Murdock Notary Public Fulton County, GA Expires June 17,2001
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF
ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, P. 4469, et. seq.) approved April 15, 1996 as amended, said Ordinance (00-0-0191) being captioned as follows:
An Ordinance to amend the Charter of the City of Atlanta, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, et. seq.) as amended, to amend Section 2-102, of the Charter of the City of Atlanta, Georgia (Ga. Laws, 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, so as to add a new Subsection (e) which shall define "residence" as "domicile"; to repeal conflicting ordinances and charter provisions; and for other purposes.
A copy ofthe proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

_____________GEORGIA LAWS 2001 SESSION__________4627
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 10th day of February, 2000 Rhonda Dauphin Johnson Municipal Clerk, CMC #52:2/24-IKS
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
Before me, the undersigned, a Notary Public, this day personally came Kimberly Shepard, who, being duly sworn, according to law, says she is an agent of the American Lawyer Media, L.P. publishers of the Daily Report, the official newspaper published in Atlanta, Ga., in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:
03/02/00
s/ Kimberly Shepard Kimberly Shepard Agent of the Daily Report
Subscribed and sworn to before me this 03/02/00.
s/ Eileen T. Murdock Notary Public Fulton County, GA Expires June 17, 2001
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.), approved April 15, 1996, as amended, said Ordinance (00-0-0191) being captioned as follows: An Ordinance to amend the Charter of the City of Atlanta, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, et. seq.) as amended, to amend Section 2-102 of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996 p. 4469, et. seq.), approved April 15, 1996, as amended, so as to add a new Subsection (e) which shall define "residence" as "domicile"; to repeal conflicting ordinances and charter provisions; and for other purposes.

4628_______MUNICIPAL HOME RULE ORDINANCES________

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 10th day of February, 2000 Rhonda Dauphin Johnson Municipal Clerk, CMC #53:3/2-lmw

PUBLISHER'S AFFIDAVIT

ACCOUNT NAME ACCOUNT NO.

CITY OF ATLANTA/MUNICIPAL CLERK A-758700

STATE OF GEORGIA COUNTY OF FULTON

JENNIFER WHITE, personally appeared before me, the undersigned Notary Public, who states she is a Contract Administration Assistant for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part ofthis affidavit appeared in The Atlanta Journal and The Atlanta Constitution on the following dates: FEBRUARY 17,2000.

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 8th DAY OF FEBRUARY 2000.

s/ Wanda W. Moore____ (NOTARY SIGNATURE) MY COMMISSION EXPIRES MARCH 12,2002

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.), approved April 15, 1996, as amended, said Ordinance (00-0-0191) being captioned as follows:

_____________GEORGIA LAWS 2001 SESSION__________4629

An ordinance to amend the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, et. seq.) as amended, to amend Section 2-102 of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et. seq.), approved April 15, 1996, as amended, so as to add a new Subsection (e) which shall define "residence" as "domicile"; to repeal conflicting ordinances and charter provisions; and for other purposes.

A copy of the proposed Ordinance and Charter amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 10th day of February, 2000 Rhonda Dauphin Johnson Municipal Clerk, CMC

PUBLISHER'S AFFIDAVIT

ACCOUNT NAME ACCOUNT NO.

CITY OF ATLANTA/MUNICIPAL CLERK A-758700

STATE OF GEORGIA COUNTY OF FULTON

JENNIFER WHITE, personally appeared before me, the undersigned Notary Public, who states she is a Contract Administration Assistant for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal and The Atlanta Constitution on the following dates: FEBRUARY 24, 2000.

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 25TH DAY OF FEBRUARY 2000.

s/ Wanda W. Moore_____ (NOTARY SIGNATURE) MY COMMISSION EXPIRES MARCH 12, 2000

4630_______MUNICIPAL HOME RULE ORDINANCES__________

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.), approved April 15, 1996, as amended, said Ordinance (00-0-0191) being captioned as follows:

An ordinance to amend the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, et. seq.) as amended, to amend Section 2-102, of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, so as to add a new Subsection (e) which shall define "residence" as "domicile"; to repeal conflicting ordinances and charter provisions; and for other purposes.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 10th day of February, 2000 Rhonda Dauphin Johnson Municipal Clerk, CMC

PUBLISHER'S AFFIDAVIT

ACCOUNT NAME ACCOUNT NO.

CITY OF ATLANTA/MUNICIPAL CLERK A-758700

STATE OF GEORGIA COUNTY OF FULTON

JENNIFER WHITE, personally appeared before me, the undersigned Notary Public, who states she is a Contract Administration Assistant for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part ofthis affidavit appeared in The Atlanta Journal and The Atlanta Constitution on the following dates: MARCH 2, 2000.

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 9TH DAY OF MARCH 2000.

_____________GEORGIA LAWS 2001 SESSION__________4631
s/ Wanda W. Moore_______ (NOTARY SIGNATURE) MY COMMISSION EXPIRES MARCH 12, 2000
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.), approved April 15, 1996, as amended, said Ordinance (00-0-0191) being captioned as follows:
An Ordinance to amend the Charter of the City of Atlanta, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, et. seq.) as amended, to amend Section 2-102 of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, so as to add a new Subsection (e) which shall define "residence" as "domicile"; to repeal conflicting ordinances and charter provisions; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 10th day of February, 2000 Rhonda Dauphin Johnson Municipal Clerk, CMC
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF DEKALB
Personally appeared before the undersigned, a notary public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of Public Notice - Proposed Amendment to Charter - Ordinance 00-0-0191 was published in said newspaper on the following date(s):
2/17,2/24,3/2,2000.

4632_______MUNICIPAL HOME RULE ORDINANCES
s/ Carolyn Jernigan-Glenn_______ CAROLYN JERNIGAN GLENN, PUBLISHER
Sworn to and subscribed before me this 13th day of April, 2000.
s/ Dorcas Y. Jernigan_____ Notary Public DeKalb County, GA My commission expires July 31, 2001
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.), approved April 15, 1996, as amended, said Ordinance (00-0-0191) being captioned as follows:
An Ordinance to amend the Charter of the City of Atlanta, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, et seq.) as amended, to amend Section 2-102 of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et seq.) approved April 15, 1996, as amended, so as to add a New Subsection (e) which shall define "residence" as "domicile"; to repeal conflicting ordinances and charter provisions; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
Given under my hand and seal of this office on the 1 Oth day of February, 2000. Rhonda Dauphin Johnson Municipal Clerk, CMC
Filed in the Office of the Secretary of State May 3, 2000.

_____________GEORGIA LAWS 2001 SESSION__________4633

CITY OF ATLANTA - REMOVAL OF ELECTED OFFICIALS.

CITY COUNCIL ATLANTA, GEORGIA

AN ORDINANCE

00-0-0215

AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET SEQ.) AS AMENDED, TO AMEND SECTION 5-304, CHAPTER 3, ARTICLE 5, OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, (GA. LAWS, 1996, P. 4469, ET. SEQ.) APPROVED APRIL 15,1996, AS AMENDED, SO AS TO PROVIDE FOR THE REMOVAL OF ELECTED OFFICIALS; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE COUNCIL OF ATLANTA, GEORGIA, as follows:

SECTION 1. That a new Subsection (a)(3) is added to Section 5-304 (entitled "Removal of elected officials")(Exhibit "A"), Chapter 3, Article 5, of the Charter of the city of Atlanta, Georgia, to read:

"(3) Failure to maintain continuously the residency within the district or districts from which elected."

SECTION 2. That the old Subsections (3), (4), (5) and (6) are hereby renumbered to Subsections (4), (5), (6) and (7).

SECTION 3. That a copy of this proposed amendment to the Charter of the City of Atlanta shall be filed in the Office of the Municipal Clerk of the City of Atlanta and in Offices of the Clerks of the Superior Courts of Fulton and DeKalb counties, Georgia, and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta", attached hereto, marked "Exhibit B" and made a part ofthis ordinance, be published once a week for three weeks in newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County, and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Atlanta City Council and provided that such final adoption shall only take place during week immediately succeeding the week in which the last advertisement was published.

4634_______MUNICIPAL HOME RULE ORDINANCES__________

SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby rescinded.

OMC Amendment incorporated by WDH 3/9/00

A true copy,

ADOPTED as amended by Council

s/ Rhonda Dauphin Johnson

March 06, 2000

Municipal Clerk, CMC

RETURNED WITHOUT SIGNATURE OF

THE MAYOR

APPROVED as per City Charter Section 2-403

March 15,2000

EXHIBIT "A"

CHAPTER 3. REMOVAL OF ELECTED OFFICIALS

Section 5-301.

Recall elections.

Any person holding an elective office of the city shall be subject to removal from office at a recall election in the manner provided by Chapter 4 of Title 21 of the O.C.G.A., the "Recall Act of 1989," as now or hereafter amended.

(1996 Ga. L. (Act No. 1019), p. 4469)

Section 5-302.

Offices to be vacated immediately upon the

occurrence of certain events.

Upon final conviction of or the entering of a plea of guilty for a crime involving moral turpitude, a felony, or other crime involving malfeasance or misfeasance while in office, the office of the mayor, president of the council, or any councilmember shall be vacated immediately without further action. The unexpired term of office shall be filled as provided in this Charter.

(1996 Ga. L. (Act No. 1019), p. 4469)

Section 5-303.

Removal of mayor for temporary inability to serve.

During the temporary inability of the mayor to perform the duties of his or her office, the president of the council shall serve as and shall have all the powers and duties of the mayor, provided the council shall, by three-fourths' vote of the entire membership serving thereon, certify such inability by resolution, which resolution shall become immediately effective without action by the mayor. The council shall determine by majority vote of its members when the mayor is again able to perform the duties of his or her office.

_____________GEORGIA LAWS 2001 SESSION__________4635

(1996 Ga. L. (Act No. 1019), p. 4469)

Section 5-304.

Removal of elected officials.

(a) Grounds for removal. The mayor, the president of the council, or any councilmember shall be subject to removal from office for any of the following causes:

(1) Malpractice, misfeasance, or malfeasance in office;

(2) Failure at any time to possess any of the qualifications of office as provided by this Charter or by law;

(3) Violation of the conflicts of interest and standards of conduct provided in this Charter or the code of ordinances;

(4) Violation of the oath of office as provided in this Charter;

(5) Abandonment of office or ceasing to perform the duties thereof; or

(6) Failure for any cause to perform the duties of office as required by the provisions herein or by law.

(b) Procedures for removal. Removal of the mayor, the president of the council, or any councilmember pursuant to subsection (a) of this section shall be accomplished by the following method. In the event the mayor, the president of the council, or any councilmember is sought to be removed by action of the council, an impartial panel shall conduct a hearing and render a decision on the matter. Such elected official sought to be removed shall be entitled to a written notice specifying the ground(s) for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The council shall provide by ordinance or resolution for the appointment of an impartial panel and the manner in which such hearings shall be held to render a decision. Any elected official sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Fulton County. Such appeals shall be governed by the same rules as govern appeals to the superior court from the probate court.

(1996 Ga. L. (Act No. 1019), p. 4469)

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

NOTICE is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p4469, et. seq.), as amended, and

4636_______MUNICIPAL HOME RULE ORDINANCES________
Ordinance be captioned as follows:
AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET SEQ.) AS AMENDED, TO AMEND SECTION 5-304, CHAPTER 3, ARTICLE 5, OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS, 1996, P. 4469, ET. SEQ.) APPROVED APRIL 15,1996, AS AMENDED, SO AS TO PROVIDE FOR THE REMOVAL OF ELECTED OFFICIALS; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
A copy of the proposed Ordinance and Charter amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in Offices of the Clerks of the Superior Courts of Fulton and DeKalb counties, Georgia for the purpose of examination and inspection by the public.
This __ day of ___________, 2000.

Municipal Clerk EXHIBIT "B"

PUBLISHER'S AFFIDAVIT

ACCOUNT NAME ACCOUNT NO.

CITY OF ATL/MUNICIPAL CLERK A-758700

STATE OF GEORGIA COUNTY OF FULTON

JENNIFER WHITE, personally appeared before me, the undersigned Notary Public, who states she is a Contract Administration Assistant for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal and The Atlanta Constitution on the following dates:

FEBRUARY 17,2000.

_____________GEORGIA LAWS 2001 SESSION__________4637

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 22ND DAY OF FEBRUARY 2000.

s/ Wanda W. Moore___ (NOTARY SIGNATURE) MY COMMISSION EXPIRES MARCH 12,2002

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.), as amended, an Ordinance (00-0-0215) be captioned as follows:

An ordinance amending the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et. seq.) as amended, to amend Section 5-304, chapter 3, Article 5, of the charter of the city of Atlanta, Georgia, (Ga. Laws, 1996. p. 4469, et. seq.) approved April 15, 1996, as amended, so as to provide for the removal of elected officials to repeal conflicting ordinances; and for other purposes.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 10th day of February, 2000. Rhonda Dauphin Johnson Municipal Clerk, CMC

PUBLISHER'S AFFIDAVIT

ACCOUNT NAME ACCOUNT NO.

CITY OF ATLANTA/MUNICIPAL CLERK A-758700

STATE OF GEORGIA COUNTY OF FULTON

JENNIFER WHITE, personally appeared before me, the undersigned Notary Public, who states she is a Contract Administration Assistant for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper of general circulation published in the City of Atlanta, Georgia, and who further states under

4638_______MUNICIPAL HOME RULE ORDINANCES__________

oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal and The Atlanta Constitution on the following dates: FEBRUARY 24, 2000.

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 25TH DAY OF FEBRUARY 2000.

s/ Wanda W. Moore______ (NOTARY SIGNATURE) MY COMMISSION EXPIRES MARCH 12, 2002

NOTICE OF PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance has been introduced to amend the Bill of Rights of the Charter of the City of Atlanta, 1996 Ga. Laws p. 4469, et. seq., approved April 15, 1996, to add color, age, gender identity, and disability to the nondiscrimination provision; to make a similar amendment to Article 3, Chapter 3, Section 3-502; and for other purposes.

A copy of the proposed amendments are on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE IN THIS 7th day of February, 2000. Rhonda Dauphin Johnson Municipal Clerk, CMC

PUBLISHER'S AFFIDAVIT

ACCOUNT NAME ACCOUNT NO.

CITY OF ATL/MUNICIPAL CLERK A-758700

STATE OF GEORGIA COUNTY OF FULTON

JENNIFER WHITE, personally appeared before me, the undersigned Notary Public, who states she is a Contract Administration Assistant for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper of general circulation published in the City of Atlanta, Georgia, and who further states under

_____________GEORGIA LAWS 2001 SESSION__________4639
oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal and The Atlanta Constitution on the following dates: MARCH 2, 2000.
SWORN TO AND SUBSCRIBED BEFORE ME, THIS 9TH DAY OF MARCH 2000.
s/ Wanda W. Moore (NOTARY SIGNATURE) MY COMMISSION EXPIRES MARCH 12,2002
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.), as amended, an Ordinance (00-0-0215) be captioned as follows:
An ordinance amending the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et. seq.) as amended, to amend Section 5-304, chapter 3, Article 5, of the charter of the city of Atlanta, Georgia, (Ga. Laws, 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, so as to provide for the removal of elected officials; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE IN THIS 10th day of February, 2000. Rhonda Dauphin Johnson Municipal Clerk, CMC
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
Before me, the undersigned, a Notary Public, this day personally came Kimberly Shepard, who, being duly sworn, according to law, says she is an agent of the

4640_______MUNICIPAL HOME RULE ORDINANCES__________
American Lawyer Media, L.P. publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:
02/17/00
s/ Kimberly Shepard____ Kimberly Shepard Agent of the Daily Report
Subscribed and sworn to before me this 02/16/00.
s/ Eileen T. Murdock____ Notary Public Fulton County, GA Notary expires June 17, 2001
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF
ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.), as amended, an Ordinance (00-0-0215) be captioned as follows:
An ordinance amending the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et. seq.) as amended, to amend Section 5-304, chapter 3, Article 5, of the charter of the city of Atlanta, Georgia, (Ga. Laws, 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, so as to provide for the removal of elected officials; to repeal conflicting ordinances: and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 10th day of February, 2000 Rhonda Dauphin Johnson Municipal Clerk, CMC #50:1/17-1KS

_____________GEORGIA LAWS 2001 SESSION__________4641
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
Before me, the undersigned, a Notary Public, this day personally came Kimberly Shepard, who, being duly sworn, according to law, says she is an agent of the American Lawyer Media, L.P. publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:
02/24/00
s/ Kimberly Shepard______ Kimberly Shepard Agent of the Daily Report
Subscribed and sworn to before me this 02/23/00.
s/ Eileen T. Murdock______ Notary Public Fulton County, GA Notary expires June 17, 2001
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.), as amended, an Ordinance (00-0-0215) be captioned as follows:
An ordinance amending the Charter of the City of Atlanta, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et. seq.) as amended, to amend Section 5-304, chapter 3, Article 5, of the charter of the city of Atlanta, Georgia, (Ga, Laws, 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, so as to provide for the removal of elected officials; to repeal conflicting ordinances: and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

4642_______MUNICIPAL HOME RULE ORDINANCES__________
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 10th day of February, 2000 Rhonda Dauphin Johnson Municipal Clerk, CMC #51:2/24-IKS
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
Before me, the undersigned, a Notary Public, this day personally came Kimberly Shepard, who, being duly sworn, according to law, says she is an agent of the American Lawyer Media, L.P. publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:
03/02/00
s/ Kimberly Shepard____ Kimberly Shepard Agent of the Daily Report
Subscribed and sworn to before me this 03/02/00.
s/ Eileen T. Murdock____ Notary Public Fulton County, GA Notary expires June 17, 2001
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.), as amended, an Ordinance (00-0-0215) be captioned as follows:
An ordinance amending the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et. seq.) as amended, to amend Section 5-304, chapter 3, Article 5, of the charter of the city of Atlanta, Georgia, (Ga. Laws, 1996, p. 4469, et. seq.) approved

_____________GEORGIA LAWS 2001 SESSION__________4643
April 15, 1996, as amended, so as to provide for the removal of elected officials; to repeal conflicting ordinances: and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 10th day of February, 2000 Rhonda Dauphin Johnson Municipal Clerk, CMC
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF DEKALB
Personally appeared before the undersigned, a notary public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of Public Notice - Proposed Amendment to Charter - Ordinance 00-0-0215 was published in said newspaper on the following date(s):
2/17,2/24,3/2,2000.
s/ Carolyn Jernigan-Glenn____ CAROLYN JERNIGAN GLENN, PUBLISHER
Sworn to and subscribed before me this 13th day of April, 2000
s/ Dorcas Y. Jernigan____ Notary Public DeKalb County, GA My commission expires July 31, 2001
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.), as amended, an

4644_______MUNICIPAL HOME RULE ORDINANCES__________
Ordinance (00-0-0215) be captioned as follows:
An ordinance amending the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et. seq.) as amended, to amend Section 5-304, chapter 3, Article 5, of the charter of the city of Atlanta, Georgia, (Ga. Laws, 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, so as to provide for the removal of elected officials; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
Given under my hand and seal of this office on the 10th day of February, 2000.
Rhonda Dauphin Johnson Municipal Clerk, CMC
Filed in the Office of the Secretary of State May 3, 2000.
CITY OF CECIL - MAYOR, COUNCIL, AND OTHER OFFICIALS; REMOVAL.
There is hereby added to the Municipal Code of Cecil Section 5.6 (g), which is to read as follows: "Absence from two consecutive regular council meetings; however, should there be extenuating circumstances or circumstances which the council believe justify an exception to the two meeting rule, said council can waive the two meeting rule and allow said mayor or council member to continue in office."
CITY OF CECIL
s/ Michael K. Yates Mayor
s/ Gail J. Yates Clerk
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF COOK

_____________GEORGIA LAWS 2001 SESSION__________4645
I, Ann Knight, Do Hereby Certify that I am the Publisher of The Adel NewsTribune, the newspaper in which Sheriffs advertisements appear for Cook County, and that the attached addition to the Cecil Municipal Code was published in said newspaper on the following dates, to wit: March 29,2000 and April 5 and 12,2000.
s/ Ann G. Knight ANN KNIGHT
Sworn to and subscribed before me this 8th day of May, 2000.
s/ DeAnne Brannon ___ N.P. My commission expires: 5/17/2000
The City of Cecil is proposing that the following amendment be made to the Cecil Municipal Code. The mayor, council member, or others provided for in this charter shall be removed from office for the following reason: Absence from two consecutive regular meetings; however, should there be extenuating circumstances or circumstances which the council believe justify an exception to the two meeting rule, said council can waive the two meeting rule and allow said mayor or council member to continue in office. A copy of the proposed amendment is on file in the office of Cecil City Hall and in the office of the Clerk of the Superior Court for Cook County, Georgia for the purpose of examination and inspection by the public.
Filed in the Office of the Secretary of State May 11, 2000.
CITY OF CHAMBLEE - PERSONNEL; EMPLOYMENT; COMPENSATION.
#483
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CHAMBLEE, GEORGIA, ARTICLE V, SECTION 2, TO PROVIDE FOR THE HIRING OF A MARSHAL, POLICEMEN, CITY CLERK, PUBLIC
WORKS DIRECTOR, COMMUNITY DEVELOPMENT DIRECTOR, PARKS AND RECREATION DIRECTOR AND PERMITS AND INSPECTIONS DIRECTOR WITH CONFIRMATION OF EMPLOYMENT BY THE CITY COUNCIL; COMPENSATION, REMOVAL AND FOR ALL OTHER LAWFUL PURPOSES.
BE IT ORDAINED AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHAMBLEE, GEORGIA that the provisions

4646_______MUNICIPAL HOME RULE ORDINANCES__________
of Article V, Section 2 of the Charter of the City of Chamblee, Georgia be amended by deleting said Section 2 in its entirety and inserting in lieu thereof a new Section 2 which new section shall read as follows:
PARTI
Section 2. Hiring of marshal, policemen, city clerk, public works director, community development director, parks and recreation director and permits and inspections director; compensation, removal.
(a) There shall be a Marshal of the City of Chamblee who shall be hired by the City Manager, with the confirmation of employment by the City Council, and removed by the City Manager. The Marshal shall be the Chief of Police of said municipality and shall be clothed with all the powers of an arresting officer within said municipality and shall be clothed with all the powers usual and incident to such officer. The Marshal shall receive such compensation as the Mayor and Council shall prescribe. The Marshal shall serve all papers and summonses and execute all writs and executions directed to him or her by the City Manager, perform all the duties prescribed by state law and this Charter, and carry out such other duties as the City Manager may lawfully direct. The municipality through its manager shall have the power to appoint assistant marshals and policemen as may be necessary, who shall serve at the pleasure of the City Manager and who shall receive such compensation as the Mayor and Council may prescribe and who shall perform the duties of marshals and policemen of the City of Chamblee.
(b) There shall be a City Clerk for the City of Chamblee who shall be hired by the City Manager, with the confirmation of employment by the City Council, and removed by the City Manager. The City Clerk shall receive such compensation as the Mayor and Council may fix and shall perform the duties prescribed in this Charter and such other duties as the City Manager may lawfully direct.
(c) There shall be a Public Works Director for the City of Chamblee who shall be hired by the City Manager, with the confirmation of employment by the City Council, and removed by the City Manager. The Public Works Director shall receive such compensation as the Mayor and Council may fix and shall perform the duties prescribed in this Charter and such other duties as the City Manager may lawfully direct.
(d) There shall be a Community Development Director for the City of Chamblee who shall be hired by the City Manager, with the confirmation of employment by the City Council, and removed by the City Manager. The Community Development Director shall receive such compensation as the Mayor and Council may fix and shall perform the duties prescribed in this Charter and such other duties as the City Manager may also direct.

_____________GEORGIA LAWS 2001 SESSION__________4647
(e) There shall be a Parks and Recreation Director for the City of Chamblee who shall be hired by the City Manager, with the confirmation of employment by the City Council, and removed by the City Manager. The Parks and Recreation Director shall receive such compensation as the Mayor and Council may fix and shall perform the duties prescribed in this Charter and such other duties as the City Manager may also direct.
(f) There shall be a Permits and Inspections Director for the City of Chamblee who shall be hired by the City Manager, with the confirmation of employment by the City Council, and removed by the City Manager. The Permits and Inspections Director shall receive such compensation as the Mayor and Council may fix and shall perform the duties prescribed in this Charter and such other duties as the City Manager may also direct.
(g) If the Marshal, the City Clerk, the Director of Public Works, the Community Development Director, the Parks and Recreation Director or the Permits and Inspections Director is removed from office, said officer may appeal such removal to the City Council. Only a majority vote of the entire membership of the City Council can overturn such a removal action by the City Manager.
PART 2
It is hereby declared to be the intention of the Mayor and City Council that the sections, paragraphs, sentences, clauses and phrases ofthis ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance.
The foregoing was proposed by Councilmember Bradford with a motion that the same be adopted. Said motion was seconded by Councilmember Coleman. Same was then put to a vote and three Councilmembers voted in favor of the Ordinance and two Councilmembers voted against the Ordinance. Said motion was thereupon declared passed and duly adopted this 18th day April, 2000.
s/ Becky Craven_______ Becky Craven, CMC City Clerk, City of Chamblee, Georgia
Approved this 18th day of April, 2000.
s/ Mary W. Goldenburg_______ The Honorable Mary W. Goldenburg Mayor, City of Chamblee, Georgia

4648_______MUNICIPAL HOME RULE ORDINANCES
Approved as to form
s/ Joe Fowler City Attorney
First reading: March 21, 2000
Second reading: April 18, 2000
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF DEKALB
Personally appeared before the undersigned, a notary public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of Public Notice Amend the Charter of City of Chamblee was published in said newspaper on the following date(s):
3/9,3/16,3/23/00.
s/ Carolyn Jernigan-Glenn___________ CAROLYN JERNIGAN GLENN, PUBLISHER
Sworn to and subscribed before me this 15th of May, 2000.
s/ Dorcas Y. Jernigan________ Notary Public DeKalb County, GA My commission expires July 31, 2001 (SEAL)
NOTICE OF PROPOSED AMENDMENT TO CHARTER OF THE CITY OF CHAMBLEE, GEORGIA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Chamblee, Georgia (Ga. L., 1935, p. 976 et. seq. approved March 28,1935) so as to amend Article V, Section 2 of the Charter and related laws of the City so as to provide that the hirin", jf the Marshal, Policemen, City Clerk, Public Works Director, Community Develop Director, Parks and Recreation

_____________GEORGIA LAWS 2001 SESSION__________4649
Director and Permits and Inspections Director shall be by the City Manager with the confirmation of employment by the City Council and for all other lawful purposes.
A copy of the proposed Ordinance to amend the Charter is on file in the Office of the City Clerk of the City of Chamblee, Georgia and the office of the Clerk of the Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public.
This 2nd day of March, 2000.
Becky Craven, CMC City Clerk City of Chamblee, Georgia
Filed in the Office of the Secretary of State May 23, 2000.
CITY OF PORT WENTWORTH - COUNCILMEMBERS SEEKING OTHER OFFICE; OATH; MAYOR AND COUNCIL; COMPENSATION; CATV; NATURAL GAS SYSTEM.
City of Port Wentworth
CHARTER AMENDMENTS
ADD ARTICLE II, SECTION 4B:
Procedure for council members seeking another office.
a.) A current council member desirous of seeking a county, state, or federal elected position must resign from their position in order to seek the new position.
b.) A current council member wishing to seek the mayor's position, if the council member was elected in the staggered election not including the mayor's position, must resign their position from council at the beginning of the qualifying period in order for a candidate to qualify for the vacant seat.
DELETE IN ITS ENTIRETY ARTICLE II, SECTION 8 AND REPLACE WITH:

4650_______MUNICIPAL HOME RULE ORDINANCES__________
An oath will be administered to all elected officials, prior to accepting position, in accordance with the laws of the State of Georgia
AMEND ARTICLE II, SECTION 12 TO READ AS FOLLOWS:
The Mayor shall receive a salary of three hundred dollars ($300.00) per month. Each member of the Council shall receive a salary of two hundred dollars ($200.00) per month. The salaries of the Mayor and Council may be amended in accordance with the laws of the State of Georgia.
AMEND ARTICLE IV, SECTION 29 BY ADDING:
Add after "firefighting equipment and facilities,":
"... CATV equipment and facilities, natural gas system,..."

Regular Meeting of Mayor and Council April 13, 2000 City of Port Wentworth Port Wentworth, Georgia

Motion Made 1 Seconded 2 Voted Aye 3 Voted Nay 4 Abstained 5

Item #: C - Council Member Richard Haymans made a motion to approve as the second reading some proposed Charter Amendments. Proposed Charter Amendments include: procedures for Council Members seeking another office; change in the oath of office for elected officials; compensation of elected officials; and provisions for the City to own and operate a natural gas system and CATV equipment and facilities. (Copy Attached)

Haymans - 1 Young - 2 All-3

s/ John R. Hinely____ Mayor John R. Hinely

The foregoing minutes are true and correct and approved by me on this 27th day of April, 2000.

s/ David A. Rutherford____ David A. Rutherford, City Clerk

_____________GEORGIA LAWS 2001 SESSION__________4651

AFFIDAVIT OF PUBLICATION SAVANNAH MORNING NEWS

STATE OF GEORGIA CHATHAM COUNTY

Personally appeared before me, Joan T. Jenkins, to me known, who being sworn, deposes and says:

That she/he is the CLASSIFIED ADV. SUPV. of Southeastern Newspaper Corporation, a Georgia corporation, doing business in Chatham County, Georgia under the trade name of Savannah Morning News, a daily newspaper published in said county;

That she/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, published on 3-26, 2000, 4-2-2000, 4-9-2000, and finds that the following advertisement, to-wit:

CHARTER AMENDMENTS

Pursuant to OCGA 36-35-3, the City of Port Wentworth is amending its Charter. Proposed Charter amendments include: Procedures for Council members seeking another office; change in the oath of office for elected officials; compensation of elected officials; and provisions for the City to own and operate a natural gas system and CATV equipment and facilities.

A copy of the proposed amendments are on file at City Hall for public view.

Appeared in each of said editions.

s/ Joan T. Jenkins______ (Deponent)

Sworn to and subscribed Before me this 22 day of May, 2000

s/Lillie D. Lang_______ Lillie D. Lang Notary Public, Chatham County, GA My Commission Expires April 8, 2001.

Filed in the Office of the Secretary of State June 15, 2000.

4652_______MUNICIPAL HOME RULE ORDINANCES__________
CITY OF SUMMERVILLE - CITY MANAGER; CONTRACTS; PURCHASES.
A RESOLUTION AMENDING THE CHARTER OF THE CITY OF SUMMERVILLE, GEORGIA;
AND FOR OTHER PURPOSES
WITNESSETH:
WHEREAS, the City of Summerville is desirous of amending the Charter of the City of Summerville;
WHEREAS, after deliberation, the Council and Mayor have determined that situations arise which necessitate that the City Manager be able to expend funds in excess of five hundred dollars ($500.00) without first seeking the approval of the Council and Mayor;
BE IT RESOLVED, by the Mayor and Council of the City of Summerville, Chattooga County, Georgia;
IT IS HEREBY RESOLVED by its governing authority, being the Mayor and Council, that the Charter of the City of Summerville be amended as to Sec. 5.1 (City manager; appointment; powers and duties), subsection (g)(10) which, replacing the old provision, is now to read as follows:
To make and execute all lawful contracts on behalf of the City of Summerville as to matters within his/her jurisdiction, except such as may be otherwise provided by ordinance or resolution of the mayor and council. However, no contract, purchase, or obligation involving more than five thousand dollars ($5000.00) shall be valid or binding until approved by the mayor and council; and without the approval of the mayor and council neither the city manager nor any other officer or employee shall in any calendar month expend or obligate for any purpose any sum or sums in excess of the monthly budget, or one-twelfth of the annual budget therefor, as fixed by the mayor and council. No department head of the City of Summerville shall make any purchase on behalf of said city without a written purchase order signed by the city manager;
The Council proposes said amendment to the Charter of the City of Summerville at its first reading in the regular council meeting May 8,2000 and the final reading in the regular council meeting June 12,2000 thereafter. The Council, in amending Sec. 5.1(g)(10) of the Charter of the City of Summerville, increases the permissible expenditure of the City Manager from five hundred dollars ($500.00) to five thousand dollars ($5000.00) without first having to seek approval from Council and Mayor.

____________GEORGIA LAWS 2001 SESSION__________4653
This 8th day of May, 2000.
CITY OF SUMMERVILLE
BY: s/ Joe Norton______ JOE NORTON, MAYOR
ATTESTED BY:
s/Jill Durham____________ CLERK, CITY OF SUMMERVILLE
PUBLISHER'S AFFIDAVIT
GEORGIA, CHATTOOGA COUNTY.
I, Gene Espy, Publisher of The Summerville News, the official organ of Chattooga County, in which the Sheriffs advertisements are printed, do hereby certify that the above and foregoing legal advertisement appeared in the following issues of The Summerville News, to-wit: May 25, June 1, and June 8, 2000.
s/ Gene Espy GENE ESPY
Sworn to and subscribed before me, this 12th day of June, 2000. s/Joyce M. Whited______ Notary Public
PUBLIC NOTICE
Notice is given that there will be a final reading in the regular council meeting of the City of Summerville on June 12, 2000 for a request for an Ordinance to amend the Charter of the City of Summerville to provide for the City Manager to be able to expend funds in excess of $500.00 without first seeking the approval of the Council and Mayor. The proposed Charter Amendment is on file at City Hall and in the office of the Clerk of the Superior Court of Chattooga County, Georgia, pursuant to Home Rule powers in O.C.G.A. 36-35-3 and 36-35-4.
Mayor Joe Norton City of Summerville, Georgia
Filed in the Office of the Secretary of State June 20, 2000.

4654_______MUNICIPAL HOME RULE ORDINANCES_________
CITY OF MONROE - RECORDER; QUALIFICATIONS.
AN ORDINANCE TO AMEND THE CITY OF MONROE, GEORGIA
MUNICIPAL CHARTER
AN ORDINANCE OF THE CITY OF MONROE, GEORGIA, TO AMEND THE MUNICIPAL CHARTER APPROVED BY LOCAL ACT OF THE GENERAL ASSEMBLY OF GEORGIA INCORPORATING THE CITY OF MONROE APPROVED APRIL 8, 1971 (GA. LAWS 1971 p. 3221) AS AMENDED, SO AS TO CHANGE ARTICLE VII, RECORDER'S COURT, SECTION 7.02 SUBSECTION (a); RECORDER AND FOR OTHER PURPOSES.
Pursuant to the authority granted to municipalities in O.C.G.A. 36-35-3, be it ordained by the Mayor and Council of the City of Monroe, Georgia that the Charter of Monroe, Georgia Law 1971 p. 3221, as amended, shall be amended as follows:
Section 1. Amend Section 7.02: Recorder, by deleting the entire Section (a) in its entirety and inserting in lieu thereof a new Section 7.02(a) to read as follows:
Section 7.02 RECORDER. Be it further enacted that (a) no person shall be qualified or eligible to serve as recorder unless he shall have obtained the age of twenty-one (21) years of age, and shall be a resident of the State of Georgia. The recorder shall be appointed by the Mayor and Council, and shall serve at the discretion of the Mayor and Council. The compensation of the Recorder shall be fixed by the Council.
Section 2. All laws and parts of laws in conflict with this Ordinance are hereby repealed.
So Resolved and Ordained this 6th day of July, 2000.
FIRST READING: June 6, 2000
SECOND READING: July 6, 2000
CITY OF MONROE, GEORGIA
By: s/ David F. Dickinson________ David F. Dickinson, Mayor
Attest: s/ Paula L. Franklin_____ Paula L. Franklin, City Clerk

_____________GEORGIA LAWS 2001 SESSION__________4655
I certify that this is a true and exact copy of the original ordinance on file at the City of Monroe City Hall, Monroe, Georgia.
s/Paula L. Franklin, CITY CLERK
City of Monroe Recorders Court
STATE OF GEORGIA COUNTY OF WALTON
Personally appeared before me, the undersigned Notary Public Robert O. Hale who after being duly sworn stated under oath that he is the Publisher of The Walton Tribune newspaper, a newspaper of general circulation published in the City of Monroe, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Walton Tribune on May 21,28 and June 4, 2000.
s/ Robert O. Hale______ (Robert O. Hale) signature
Sworn to and subscribed before me, This 7th day of June, 2000.
s/ Lisa S. Owens________ My commission expires: August 25, 2003
NOTICE OF INTENTION TO AMEND THE MUNICIPAL CHARTER OF
THE CITY OF MONROE, GEORGIA
Notice is given that there will be introduced at the June 6, 2000 meeting of the City of Monroe, Georgia an Ordinance to amend an Act to reincorporate the City of Monroe in the County of Walton, approved April 8,1971 (Ga. L. 1971, p. 3221), as amended, so as to amend Section 7.02(a) which shall change the qualifications of the Recorder of the Recorder's Court of Monroe, which shall read as follows:
Section 7.02 RECORDER. Be it further enacted that (a) no person shall be qualified or eligible to serve as recorder unless he shall have obtained the age of twenty-one (21) years of age, and shall be a resident of the State of Georgia. The recorder shall be appointed by the Mayor and Council, and shall serve at the discretion of the Mayor and Council. The compensation of the Recorder shall be fixed by the Council.

4656_______MUNICIPAL HOME RULE ORDINANCES________
A copy of the proposed amendment is on file in the Office of the Clerk of Superior Court of Walton County, Georgia and the Office of the City Clerk of the City of Monroe, Georgia for the purpose of examination and inspection.
This 15th day of May, 2000.
City of Monroe, Georgia By: Paula L. Franklin, Clerk
BENTON AND PRESTON, P.C. Attorneys at Law 110-112 Court Square Post Office Box 984 Monroe, Georgia 30655 Telephone: 770-267-2503 Telecopier: 770-267-3596
P.O. # 15940 430-41,43,45
Filed in the Office of the Secretary of State July 12, 2000.

CITY OF PORT WENTWORTH - MUNICIPAL COURT; JUDGE; APPOINTMENT; PENALTIES; CONTEMPT.

CHARTER AMENDMENTS

DELETING IN ITS ENTIRETY: Article V, Section 31 "Required; presiding officer

REPLACING WITH:

The Mayor and Council shall establish a municipal or police court for said city, and fix the time and place of holding said court, which said court shall have jurisdiction to try offenses against the laws and ordinances of the municipal government of said city; and said court shall be presided over by a city judge to be appointed by the Mayor and Council. The city judge's compensation and his qualifications shall be established by the Mayor and Council. The city judge shall serve in office at the pleasure of the Mayor and Council, and the city judge shall take such oath as may be prescribed by Mayor and Council.

_____________GEORGIA LAWS 2001 SESSION__________4657

DELETING IN ITS ENTIRETY: Article V, Section 32 "Penalties imposable for violations of law; power to punish for contempt, issue warrants, grant bail, etc.

REPLACING WITH:

The City Judge, as the presiding officer of said police court, shall have the power to impose fines for the offense of breaking the laws or ordinances of said city in an amount not to exceed one thousand ($ 1,000), or to imprison offenders in the Chatham County jail or in the barracks of said city for a period of not more than thirty (30) days. The presiding officer of said police court shall also have the power to punish for contempt of court by a fine not to exceed one thousand dollars ($1,000) or to imprison not more than thirty (30) days. He shall also have the power to issue warrants for state offenses committed within the corporate limits of the city, which warrants may be executed by any member of the city police force or by an sheriff or deputy sheriff of this state, and to hold hearings on said offenses and to commit the offenders to the jail in Chatham County, or admit them to bail if the offense is bailable, for their appearance at next term of a court of competent jurisdiction to be held in Chatham County.

Regular Meeting of Mayor and Council City of Port Wentworth Port Wentworth, Georgia July 13, 2000

Motion Made 1 Seconded 2 Voted Aye 3 Voted Nay 4 Abstained 5

RESQLUT1ONS/ORDINANCES/PROCLAMATIONS

Item #: A - Council Member Ed Young made a motion to approve as the second reading the Charter amendments, Article V, Section 31 and 32 regarding fines and penalties.

Young - 1 Haymans - 2
All-3

s/ John R. Hinely______ Mayor John R. Hinely

4658

MUNICIPAL HOME RULE ORDINANCES

The foregoing minutes are true and correct and approved by me on this 27th day of July, 2000.

s/ David A. Rutherford____ David A. Rutherford, City Clerk

Regular Meeting of Mayor and Council City of Port Wenrworth Port Wentworth, Georgia June 22, 2000

Motion Made 1 Seconded 2 Voted Aye 3 Voted Nay 4 Abstained 5

RESOLUTIONS/ORDINANCES/PROCLAMATIONS

Item #: B - Council Member Angela Brackett made a motion to approve as the first reading the Charter amendments, Article V, Section 31 and 32 regarding fines and penalties.
Brackett - 1 Butler - 2 All-3

s/ John R. Hinely_______ Mayor John R. Hinely

The foregoing minutes are true and correct and approved by me on this 13th day of July, 2000

s/ David A. Rutherford_____ David A. Rutherford, City Clerk

AFFIDAVIT OF PUBLICATION SAVANNAH MORNING NEWS

STATE OF GEORGIA CHATHAM COUNTY

Personally appeared before me, Joan T. Jenkins. to me known, who being sworn, deposes and says:

That she/he is the CLASSIFIED ADV. SUPV of Southeastern Newspaper Corporation, a Georgia corporation, doing business in Whatham County, Georgia under the trade name of Savannah Morning News, a daily newspaper published in said county;

___________GEORGIA LAWS 2001 SESSION__________4659

That she/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, published on 6-25, 2000, 7-2-2000, 7-9-2000, and finds that the following advertisement, to-wit:

CHARTER AMENDMENTS

Pursuant to OCGA 36-35-3, the City of Port Wentworth is amending its Charter. The proposed charter amendments include: Appointing the City Judge as the presiding officer and penalties imposable for violations of law.

A copy of the proposed amendments are on file at City Hall for public view.

Appeared in each of said editions, s/ Joan T. Jenkins______ (Deponent)

Sworn to and subscribed Before me this 14 day of July, 2000

s/ Lillie D. Lang_________ Lillie D. Lang Notary Public, Chatham County, Ga. My Commission Expires Apr. 8, 2001

Filed in the Office of the Secretary of State September 1, 2000.

CITY OF COVINGTON - COUNCIL; TELECOMMUNICATIONS SYSTEM NETWORK.
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF COVINGTON BY ADDING A NEW SECTION IMMEDIATELY FOLLOWING SECTION 16A, TO BE DESIGNATED AS SECTION 16B, SO AS TO PROVIDE FOR ADDITIONAL POWERS, DUTIES, AND AUTHORITY OF THE CITY COUNCIL OF THE CITY OF COVINGTON, GEORGIA, WITH RESPECT TO A TELECOMMUNICATIONS SYSTEM NETWORK; TO REPEAL ALL OTHER ACTS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.
WHEREAS, the City ofCovington, Georgia, a municipal corporation ofthe State of Georgia (the "City"), operates pursuant to the Constitution and laws of the State

4660_______MUNICIPAL HOME RULE ORDINANCES_______
of Georgia and its Charter, approved January 30,1962,1907(Ga.L. 1962, p. 2003), as amended; and
WHEREAS, the city has now determined that it is necessary to make certain amendments to its Charter pursuant to its home rule powers granted under the provisions of Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A. Section 36-35-1 thorugh 36-35-7;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and council of the City of Covington in council duly assembled and IT IS HEREBY ORDAINED, by the authority of the same, as follows:
Section 1. The Charter ofthe City ofCovington, Georgia, which was established by an Act creating a new Charter for the City of Covington, Georgia, approved on January 30, 1962, (Ga. L. 1962, p. 2003), as amended, is hereby amended by adding a new section to read as follows:
"Section 16B. Telecommunications.
The City shall have the power and authority to acquire, own, hold, lease, sell, resell, build, maintain, operate and contract with respect to a telecommunications system network in order to provide telecommunications services and similar other services, to establish and charge rates, fees, tolls and charges for the services, facilities or commodities furnished or made available by such undertaking; to interconnect its system or services or both with the systems or services of consumers and other providers, to use telecommunications to respond to community needs, encourage the development of information-based organizations in the city, to finance from time to time any such telecommunications systems through the issuance of revenue bonds as then permitted by the Constitution and laws of the State of Georgia; and to make any contract with respect to and furnish the services of any such systems to consumers within or outside the corporate limits of the city."
Section 2. All portions of the Charter or amendments thereto or all ordinances in conflict herewith shall be and the same are hereby repealed.
Sections. If any part of this ordinance shall be declared void, it is the intent and the purpose hereofthat all other provisions not so declared void shall remain in full force and effect.
Section 4. The City Clerk is hereby authorized and directed to cause a notice, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, to be published in The Covington News, the official newspaper in which Sheriffs advertisements are published in Newton County, in which the city is

_____________GEORGIA LAWS 2001 SESSION__________4661
located, once a week for three weeks within a period of sixty days immediately preceding the day of the final adoption of this ordinance. The City Clerk is also hereby authorized and directed to cause the publisher of The Covington News to execute an affidavit of such publication.
This ordinance was introduced and read at a lawful meeting of the Council of the City of Covington held on October 2,2000, and read the second time, passed, and adopted in like meeting held on October 16, 2000.
By: s/ Sam Ramsev______ SAM RAMSEY, Mayor
Attest: s/ J. H. Grotheer. Jr. JOHN H. GROTHEER, JR., City Clerk
(CITY SEAL)
CLERK'S CERTIFICATE
NOW COMES the undersigned Clerk of the City of Covington, Georgia (the "City"), keeper ofthe records and seal thereof, and certifies that the foregoing pages of typewritten matter constitute a true and correct copy of an Ordinance duly adopted by the City in a public meeting properly and lawfully assembled on October 16,2000, in compliance with Official Code of Georgia Annotated Section 50-14-1, which meeting was open to the public and at which a quorum was present and acting throughout, the original of which Ordinance has been entered in the official records of the City and is in my official possession, custody and control and that such Ordinance is in full force and effect as of the date herein below set forth.
This 16th day of October, 2000.
s/ J. H. Grotheer. Jr.___________ JOHN H. GROTHEER, JR., City Clerk
(CITY SEAL)
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF NEWTON
Personally appeared before the undersigned attesting officer, H. WALLACE McDONALD, who, on oath deposes and says that he is the publisher of that newspaper known as The Covington News, which publishes a tri-weekly edition, and that The Covington News published on Thursday of each week is the newspaper

4662_______MUNICIPAL HOME RULE ORDINANCES__________
in which Sheriffs advertisements for Newton County are published. Further deposing, he says that as publisher of that newspaper he is the person duly vested with authority to sign for that newspaper in all such matters and things as contained in this affidavit, and further says that the attached Notice of Intention to Amend the Charter of the City of Covington, Georgia, was published in The Covington News on September 28, October 5 and October 12, 2000.
This 23rd day of October, 2000.
s/ H. Wallace McDonald________ H. WALLACE McDONALD, Publisher
Sworn to and subscribed before me this 23rd day of October, 2000.
s/ Gerilvn LeBlanc__________ Notary Public, Newton County, Georgia My Commission Expires June 13, 2004
Legal No. 2248 September 28, 2000 Octobers, 12, 2000
NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF COVINGTON, GEORGIA BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS "THE MUNICIPAL HOME RULE ACT OF 1965"
CITY OF COVINGTON, GEORGIA NEWTON COUNTY
Notice is hereby given that an ordinance will be introduced on October 2,2000, and read for final adoption on October 16, 2000, to amend the charter of the City of Covington, Georgia, which was created by an act amended on January 30, 1962 (Ga. L. 1962, p. 2003), as amended, so as to authorize the City of Covington, Georgia, to acquire, construct, operate, maintain and contract with respect to a telecommunications system network.
A copy of this proposed amendment is on file in the office of the Clerk of the City of Covington, 2194 Emory Street, N.W., Covington, Georgia, and is on file in the office of the Clerk of the Superior Court of Newton County, 1132 Usher Street, N.W., Covington, Georgia, for the purpose of examination and inspection by the public, all as required by law.
This 21st day of September, 2000.

_____________GEORGIA LAWS 2001 SESSION__________4663
John H. Grotheer, Jr., City Clerk Linda S. Ryder, Deputy Clerk
Filed in the Office of the Secretary of State October 26, 2000.
CITY OF COLLINS - COUNCIL; QUORUM.
WHEREAS, the MAYOR AND COUNCIL OF THE CITY OF COLLINS, GEORGIA, have the legislative power to amend the city charter pursuant to Official Code of Georgia Annotated Section 36-35-3; and,
WHEREAS, the MAYOR AND COUNCIL OF THE CITY OF COLLINS, GEORGIA, deem it to be in the best interest of the orderly working of local government to amend the city charter in particulars relating to the number of council members required to be present to constitute a quorum for the transaction of business of the council and the method of voting;
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED, that the following amendment to Section 2.15 of the Charter of the City of Collins, Georgia of 1975, as amended, is hereby enacted.
AMENDMENT TO THE CHARTER OF THE CITY OF COLLINS, GEORGIA OF 1975, AS AMENDED, SO AS TO CHANGE CERTAIN PROVISIONS RELATING TO THE NUMBER OF COUNCIL MEMBERS NECESSARY TO CONSTITUTE A QUORUM; THE NUMBER OF AFFIRMATIVE VOTES REQUIRED FOR THE ADOPTION OF ANY ORDINANCE, RESOLUTION, OR MOTION; AND TO REPEAL CONFLICTING CHARTER PROVISIONS.
Section 1. The Charter of the City of Collins, Georgia of 1975 (Ga. Laws 1975, p. 3792), as amended, is hereby amended by striking Section 2.15 thereof and inserting in its place a new Section 2.15 to read as follows:
Section 2.15. Quorum; Voting. Three council members shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the Official Minutes, but any member of the council shall have the right to request a roll-call vote. The affirmative vote of a majority of council members present and voting shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this Charter.

4664_______MUNICIPAL HOME RULE ORDINANCES________
Section 2. Any and all parts of the Charter of the City of Collins, Georgia of 1975, as amended, in conflict with this Amendment are hereby repealed.
GEORGIA, TATTNALL COUNTY
I hereby certify that the attached one (1) page of typewritten material is a true copy of an amendment to the Charter of the City of Collins, Georgia, lowering the number of council members required to constitute a quorum, which received its first reading at the regular meeting of the Council on September 7, 2000 and was duly adopted by the Council of the City of Collins, Georgia, pursuant to O.C.G.A. 36-35-3 at its next regular meeting held on November 2, 2000.
This 2nd. day of November 2000
s/ Ruth S. Holland _____ RUTH S. HOLLAND, CLERK CITY OF COLLINS, GEORGIA
PUBLISHER'S AFFIDAVIT
GEORGIA, TATTNALL COUNTY
Comes now PAM WATERS who, after being duly sworn, deposes and states as follows:
1. I am the Editor and Publisher of The Glennville Sentinel, a newspaper of general circulation published in Reidsville, Georgia. The Glennville Sentinel is the official organ of Tattnall County, Georgia.
2. The attached "Notice of Proposed Amendment to the Charter of the City of Collins, Georgia, was published in The Glennville Sentinel as provided by law once a week for three (3) weeks, appearing September 14,2000, September 21,2000 and September 28, 2000.
s/ Pam Waters PAM WATERS
Sworn to and subscribed before me this __ day of August, 2000.
s/ Elizabeth B. Nobles NOTARY PUBLIC My Commission Expires September 19, 2004

_____________GEORGIA LAWS 2001 SESSION__________4665
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF
COLLINS, GEORGIA
An amendment to the Charter of the City of Collins, Georgia, has been proposed, which will lower the number of councilmen necessary to constitute a quorum for the transaction of business from four (4) to three (3), and which will change the number of votes required for the adoption of any ordinance, resolution, or motion from three (3) councilmen to a majority of those present and voting.
A copy of the proposed amendment is on file in the office of the City Clerk, City Hall, Collins, Georgia, and in the office of the Clerk of the Superior Court of Tattnall County, Georgia, for the purpose of examination and inspection by the public.
The City Clerk will furnish a copy of the proposed amendment to anyone upon written request.
Cheney & Cheney, P.C. Attorneys at Law Post Office Box 1100 Reidsville, Georgia 30453 (912)557-4768
Filed in the Office of the Secretary of State November 13, 2000.
CITY OF DALTON - PUBLIC SAFETY COMMISSION; MEMBERSHIP.
ORDINANCE 00-26
To amend The Charter Of The City of Dalton, First Approved February 24,1874 (Georgia Laws 1874, p. 181) By Amending Section 7-1 Captioned "Creation; composition; supervision by public safety commission." As Enacted by Georgia Laws 1945, p. 593, 2 To Provide For a Five Member Public Safety Commission; By Striking And Repealing Section 7-3 OfThe Charter OfThe City of Dalton Captioned "Appointment, term, compensation of public safety commission." As Enacted by Georgia Laws 1945, p. 593, 3 And Substituting In Lieu Thereof A New Section 7-3 Captioned "Appointment and term of public safety commission."; To Provide For Severability; To Provide For An Effective Date; To Repeal Conflicting Ordinances; And For Other Purposes

4666_______MUNICIPAL HOME RULE ORDINANCES________
BE IT ORDAINED by the Mayor and Council of the City of Dalton and by authority of the same, IT IS HEREBY ORDAINED as follows:
SECTION 1:
Amend the Charter of the City of Dalton by amending Section 7-1 captioned "Creation; composition; supervision of public safety commission." by striking the phrase "three (3) members" and substituting in lieu thereof the phrase "five (5) members" so that Section 7-1 as amended shall read as follows:
Sec. 7-1. Creation; composition; supervision by public safety commission.
There is hereby created for the City of Dalton a police and fire department to consist of a chief of police and such other police officers and a fire chief, and such other firemen, as may be determined by the Public Safety Commission, consisting of five (5) members to be appointed by the Mayor and Council of said City as is hereinafter provided, and such commission shall be charged with the administration of the affairs of said departments.
SECTION 2:
Amend the Charter of the City of Dalton by striking Section 7-3 captioned "Appointment, term, compensation of public safety commission." and substituting in lieu thereof a new Section 7-3 captioned "Appointment, term, compensation of public safety commission." which shall read as follows:
Sec. 7-3. Appointment and term of public safety commission.
The Public Safety Commission shall consist of five (5) commissioners appointed by the Mayor and Council and each such member shall serve a five (5) year term. Provided, however, the Mayor and Council at their first regular meeting held during the year 2001 shall appoint one (1) commissioner to serve one-fifth (1/5) of a full term or one (1) year; appoint one (I) commissioner to serve two-fifths (2/5) of a full term; appoint one (1) commissioner to serve threefifths (3/5) of a full term or three (3) years; appoint one (1) commissioner to serve four-fifths (4/5) of a full term or four (4) years; and appoint one commissioner to serve a full term of five (5) years. Any vacancy in a term of a member shall be filled for the expiration of that term by appointment of the Mayor and Council. Upon the expiration of the term of service of any member so appointed, the Mayor and Council shall appoint a member for a full term.
SECTION 3:
This Ordinance shall be effective after adoption upon the filing of a copy of this ordinance, a copy of the required notice of publication, and an affidavit of a duly

_____________GEORGIA LAWS 2001 SESSION__________4667

authorized representative of the newspaper in which the notice was published with the Secretary of State of Georgia, with the office of the Clerk of the Superior Court of Whitfield County, Georgia, and with the office of the Clerk of the City of Dalton, Georgia.

SECTION 4:

It is hereby declared to be the intention of the Mayor and Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or otherwise invalid by a court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance.

SECTION 5:

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

SO ORDAINED this 4th day of December, 2000.

The foregoing Ordinance received its first reading on 11-20-2000 and a second reading on 12-04-2000. Upon second reading a motion for passage ofthe ordinance was made by Alderman Christie, second by Alderman Robinson and upon the question the vote is 4 ayes, 0 nays and the Ordinance is adopted.

ATTEST:

s/Ravmond Elrod_____________ MAYOR

s/ Faye L. Martin____ CITY CLERK

CLERK'S CERTIFICATE

I, Faye L. Martin, the duly appointed and qualified City Clerk of the City of Dalton, Georgia do hereby certify that the attached is an true and exact copy of an ordinance amending the Charter of the City of Dalton, Georgia by amending

Section 7-1 and by deleting Section 7-3 and substituting a new Section 7-3 in lieu thereof. Said Ordinance was adopted on 4th day of December, 2000.

s/ Fave L. Martin_____________ City Clerk

(Seal)

4668_________MUNICIPAL HOME RULE ORDINANCES_________

LEGAL AFFIDAVIT

I, Holly Whaley, Classified Advertising Manager of the Daily Citizen, a newspaper

published in the city of Dalton, Georgia, do solemnly swear the advertisement for:

Notice of Amendments________

__

has run 3 time(s) in the newspaper.

Run Dates are as Follows:

11/17/00 12/1/00

11/24/00

s/ Holly Whalev Holly Whaley Classified Advertising Manager

Sworn on this day Dec. 6, 2000 s/ Mary Cottrell________ Notary Public, Whitfield County, Georgia My Commission Expires Sept. 30, 2003

NOTICE OF PROPOSED AMENDMENT TO THE CITY CHARTER OF THE CITY OF DALTON, GEORGIA

The City of Dalton, Georgia proposes to amend its Charter to amend Section 7-1 captioned "Creation; composition; supervision by public safety commission." to change the number of members of the Public Safety Commission from three (3) to five (5); to delete Section 7-3 captioned "Appointment, term, compensation of public safety commission." and substitute in lieu thereof a new Section 7-3 captioned "Appointment, term, compensation of public safety commission." to provide for the appointment of five (5) members to the Public Safety Commission by the Mayor and Council; to provide for staggered terms; to provide for the filing of any vacancy to the Public Safety Commission. A copy of the proposed home rule ordinance is on file in the Office of the City Clerk of the City of Dalton, Georgia and in the office of the Clerk of the Whitfield County Superior Court. A copy of the proposed home rule ordinance shall be furnished for examination and inspection.

Faye L. Martin City Clerk 11/17 11/24 12/1

Filed in the Office of the Secretary of State December 22, 2000.

_____________GEORGIA LAWS 2001 SESSION__________4669
CITY OF KENNESAW - MAYOR; POWERS; DEPARTMENTS.
Ordinance No. 2000-22
CITY OF KENNESAW
AMENDMENT TO THE CHARTER OF THE CITY OF KENNESAW
Be it ordained, by the Mayor and City Council of the City of Kennesaw, as follows:
That the Charter of the City of Kennesaw, Article II. City Government, Section 2.06. Mayor as presiding officer; additional powers, be amended and substituted in lieu thereof the following:
Article II. City Government, Section 2.06. Mayor as presiding officer; additional powers;
The mayor shall preside at meetings of the council; shall have a vote only in the case of a tie vote by councilmen; shall have veto power, and the mayor shall have four (4) days after the meeting with the council in which to file with the clerk, in writing, this dissent, but the council may, at the same meeting or at the next regularly scheduled meeting of the Mayor and Council, pass any such ordinance, order or resolution, notwithstanding the veto, by a vote of four-fifths (4/5) of the total number of councilmen, to be taken by ayes and nays, and entered upon the minutes; shall be the chief executive officer of the city; shall have the authority to appoint council members to advise the various departments of the city through the direction of the city manager, provided, however, that each councilman shall be appointed chairman ofone ofthe following committees; general and administrative, police, public works, parks and recreation, community development, and museum and preservation services; shall sign ordinances and resolutions on their final passage, may obtain short-term loans in the name of the city when authorized by the council to do so; shall sign deeds, bonds, and contracts when authorized by the council to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances.
Be it hereby resolved and adopted, this the 15th day of January, 2001.
s/ Leonard Church____ Honorable Leonard Church
Mayor, City of Kennesaw
Attest: Diane H. Coker Diane Coker, City Clerk

4670_______MUNICIPAL HOME RULE ORDINANCES_________
Mayor and Council Regular Meeting January 2, 2001
Public Hearing:
2. Consideration for approval of First public hearing for Ordinance #2000-22 for charter change to Section 2.06 Mayor as presiding officer, additional powers. Funding: N/A
Mayor Church opened the floor on the first public hearing on the Charter amendment to section 2.06.
Mayor Church closed the public hearing.
Mayor and Council Regular Meeting January 15,2001
Public Hearing
Final public hearing and adoption of Ordinance #2000-22 for a charter change to Section 2.06 Mayor as presiding officer, additional powers.
Mayor Church stated this amendment changes the departmental structure of the City; we will now have six instead of five.
Mayor Church opened the public hearing for comments.
Mayor Church closed the public hearing and asked for a motion.
Councilman Dowdy made a motion to approve the amendment as presented. Seconded by Councilman Rowland. Unanimously approved.
Mr. Bentley advised this charter amendment would need to be forwarded to the Secretary of the State.
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA, - County of Cobb.
Before me, the undersigned, a Notary Public, this day personally came R. Terry Smith, who, being duly sworn, according to law, says that he is the president of the Marietta Daily Journal, publishers of the Marietta Daily Journal, official newspaper published at Marietta, in said county and State, and that the publication,

_____________GEORGIA LAWS 2001 SESSION__________4671
of which the annexed is a true copy, was published in said paper on the 15th, 22nd & 29th day(s) of December 2000, as provided by law.
s/ R. Terry Smith
Subscribed and sworn to before me this 17th day of January, 2004
s/ Debra C. Adamson_____ Notary Public, Paulding County, Georgia
My commission expires August 21, 2004
M-474 PUBLIC HEARING
Notice is hereby given that the City of Kennesaw shall hold a public hearing to give consideration to amend Section 2.06 of the Charter of the City of Kennesaw. The amendment is to change list of committees to which a chairman is to be appointed by the Mayor or presiding officer. A copy of the proposed amendment is on file in the City Clerks Office from 8:00 a.m. to 5:00 p.m., Monday through Friday, for public viewing.
The first public hearing shall be January 2, 2001 with a final hearing and scheduled adoption by the Mayor and Council on January 15,2001 at 7:30 p.m. at Kennesaw City Hall, 2529 J.O. Stephenson Avenue. All interested persons may attend and be heard relative thereto.
12:15,22,29
Filed in the Office of the Secretary of State January 29, 2001.
CITY OF SAVANNAH - CITY OF SAVANNAH EMPLOYEES' RETIREMENT PLAN; RETIREMENT AGE; BENEFITS; CONTRIBUTIONS; CREDIT.
AN ORDINANCE TO BE ENTITLED
AN ORDINANCE TO AMEND THE CHARTER OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH, GEORGIA, TO AMEND THE PENSION PLAN ADOPTED AND APPROVED JUNE 8, 1972, AS

4672_______MUNICIPAL HOME RULE ORDINANCES_________
AMENDED AND RESTATED, AND CODIFIED AS ARTICLE 3, CHAPTER 4 OF THE 1977 CITY CODE, APPENDIX IV, AS AMENDED, TO PROVIDE FOR A CHANGE IN RETIREMENT AGE, BENEFITS, EMPLOYEE CONTRIBUTIONS AND CREDITING OF SERVICE; 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 by amending the City of Savannah Employees' Retirement Plan as follows:
SECTION 1
A. By striking from Article III Administration of Plan, C. Retirement Fund"four and ninety-two one-hundredths percent (4.92%) of the Employee's Basic Monthly Earnings" and inserting in lieu thereof "as determined in Article V."
B. By Striking from Article IV Eligibility to Participate, D. Crediting ofService 6. "No more than 35 years of Credited Service shall be used for computing any of the benefits payable under this Plan." and inserting a new Paragraph 6. as follows:
6. Credited Service Grantedfor Accrued Sick Leave at Retirement. The unused balance of a Participant's accrued sick leave under any sick leave program that may be offered by the City at the time of retirement can be credited in one, and only one, of the following two ways, at the option of the Participant at the time of terminating employment with the City:
(a) The accrued sick leave balance as of the date of retirement may be converted into an equivalent number of months (up to a maximum of 12 months) and combined with the Participant's actual service to determine an adjusted total Credited Service to be used for the purpose of computing benefits due under Sections A, B, or C of Article VI.
(b) The accrued sick leave balance as of the date of retirement may be converted to equivalent number of months (up to a maximum of 12 months) and added to the Participant's actual age to determine an adjusted age to be used for purpose of computing non-disability benefits under Sections A or B of Article VI.
Credit shall not be granted under this provision to increase a Participant's Credited Service in order to meet minimum service eligibility for a benefit under this Plan.
For a Participant eligible to retire with an Occupational Disability Benefit or

_____________GEORGIA LAWS 2001 SESSION__________4673
a Non-Occupations Disability Benefit, credit for accrued sick leave shall be applied as specified in subsection (a) above.
C. Amend Article V, Employee Contributions by striking said Section and inserting in lieu thereof a new Article V as follows:
ARTICLE V EMPLOYEE CONTRIBUTIONS
Effective January 1,2001, each Employee shall contribute to the cost of the Plan an amount equal to six and sixty-five one-hundredths percent (6.65%) of his or her Basic Monthly Earnings, said contributions commencing upon employment and continuing so long as he or she shall remain a Participant hereunder and employed by the City.
As permitted under section 414(h) of the Internal Revenue Code, employee contributions made after January 1,2001 shall be deemed picked up by the City, and for purposes of determining taxable income for the federal income tax, the employee contributions provided for in this Article shall be treated as employer contributions.
D. Amend Article VI, Benefits, A. Police or Fire Employees, Sections 1. and 2., B. General Employees, Sections 1. and 2., and C. All Employees, Sections 1. and 2 by striking said Sections and inserting in lieu thereof the following:
ARTICLE VI BENEFITS
A. Police or Fire Employees
1. Retirement Date The Retirement Date for a Participant who is a Police or Fire Employee shall be the first date of the month coincident with or next following the date the Participant attains the age of 55 and the completion of 5 or more years of Credited Service, provided however that after the completion of 10 or more years of Credited Service, a Participant who is a Police or Fire Employee may retire on the first day of any month following the attainment of age 50.
2. Retirement Benefit (a) Benefit upon retirement at Age 55 (requires at least 5 years of Credited Service)
A Participant upon retirement at age 55 with 5 or more years of Credited Service shall receive an annual benefit equal to Final Average Earnings multiplied by the sum of the following percentages (up to a maximum of

4674_______MUNICIPAL HOME RULE ORDINANCES_________
100% of his or her final Average Earnings):
(1) For up to a total combined maximum of 30 years of Credited Service for items (i) and (ii) below where service is credited first to item (i) and second to Item (ii): (i) 2.3% for each year (or fraction thereof) of Credited Service earned after January 1,2000 (including any service credited under Section 6(a) of Article IV), plus (ii) 2.1% for each year (or fraction thereof) of Credited Service earned prior to January 1, 2000, plus
(2) 1 % for each year (or fraction thereof) of Credited Service earned in excess of 30 years.
(b) Alternative Retirement Date for Police and Fire employees: (1) Alternative Retirement Date at age 50 (requires at least 10 years of Credited Service)
An Alternative Retirement date for a Participant who is a Police or Fire Employee shall be the first day of any month following the attainment ofage 50 and completion ofat least 10 years ofCredited Service.
(2) Alternative Retirement Benefit A Participant who is a Police or Fire Employee, upon retirement on his or her Alternative Retirement Date, shall receive an immediate monthly retirement benefit, under which payment shall commence on the Alternative Retirement Date of the Participant and shall be payable on the first day of each month thereafter during the lifetime of the Participant. The benefit for alternative retirement shall be computed in the same manner as specified in Section A2(a) of this Article but shall be reduced by one-half of one percent (.5 of 1%) for each month by which the Participant's Alternative Retirement Date preceded his or her age 55.
B. General Employees
1. Retirement Date The Retirement Date for a Participant who is a General Employee shall be the first day of the month coincident with or next following the date the Participant attains the age of 57 and the completion of 5 or more years of Credited Service, provided however that, after the completion of 10 or more years of Credited Service, a Participant who is a General Employee may retire on the first day of any month following the attainment of age 52.

___________GEORGIA LAWS 2001 SESSION__________4675
2. Retirement Benefit (a) Benefit upon retirement at age 57 (requires at least 5 years of Credited Service)
A Participant upon retirement at age 57 with 5 or more years of Credited Service shall receive an annual benefit equal to Final Average Earnings multiplied by the sum of the following percentages (up to a maximum of 100% of his or her Final Average Earnings):
(1) For up to a total combined maximum of 3 0 years of Credited Service for items (i) and (ii) below where service is credited first to item (i) and second to item (ii): (i) 2.3% for each year ( or fraction thereof) of Credited Service earned after January 1, 2000 (including any service credited under Section 6(a) of Article IV), plus (ii) 2.1% for each year (or fraction thereof) of Credited Service earned prior to January 1, 2000, plus
(2) 1% for each year (or fraction thereof) of Credited Service earned in excess of 30 years.
(b) Alternative Retirement Date for General Employees (1) Alternative Retirement Date at age 52 (requires at least 10 years of Credited Service)
An Alternative Retirement Date for a Participant who is a General Employee shall be the first day of any month following the attainment of age 52 and completion of at least 10 years of Credited Service.
(2) Alternative Retirement Benefit
A Participant who is a General Employee, upon retirement on his or her Alternative Retirement Date, shall receive an immediate monthly retirement benefit, under which payment shall commence on the Alternative Retirement Date of the Participant and shall be payable on the first day of each month thereafter during the lifetime of the Participant. The benefit for alternative retirement shall be computed in the same manner as specified in Section B2(a) of this Article but shall be reduced by one-half of one percent (.5 of 1 %) for each month by which the Participant's Alternate Retirement Date precedes his or her age 57.
3. Anything herein to the contrary notwithstanding, with respect to those General Employees who were excluded herefrom under Article II, Section 2, there shall be provided retirement benefits therefor as set forth in this

4676_______MUNICIPAL HOME RULE ORDINANCES________
Article VI for each such employee who shall agree to contribute to the Pension Reserve Fund in accordance with Article V, hereof, such contribution commencing July 1, 1972.
Such Employee shall comply with all age and service requirements of this Plan in order to obtain the benefits set forth herein.
C. All Employees
The following benefits apply to both General Employees and Police or Fire Employees.
1. Employees Over Retirement Age on Effective Date With respect to each Police or Fire Employee who was over age 60 or each General Employee who was over age 65 on the Effective Date of the Plan, the years of Credited Service hereunder shall be the total of said Employee's years of service with the City.
2. Delayed Retirement (a) Delayed Retirement Date An Employee of the City may remain in the active employ of the City beyond normal retirement age; provided however that the City Manager may require, at any time, such Employee to obtain a medical examination certifying medical fitness to perform the duties of the position he or she holds. Credited Service shall continue to accrue beyond age 57 for General Employees and age 55 for Police and fire Employees.
A General Employee electing to remain in the City's employ afer age 57 or Police of Fire Employees electing to remain in the City's employ after age 55 shall not be eligible to receive a Nonoccupational Disability Benefit, as provided in this Article, but, on incurring such disability, shall be eligible to receive the retirement benefits of this Plan which are not related to disability.
The provisions herein, which permits the City Manager to require a medical examination certifying fitness for continued employment, shall not apply to a Participant serving in an elective office or by election or appointment of the Mayor and Aldermen. Credited Service shall continue to accrue for these Employees so long as such Participant serves in said office.
(b) Delayed Retirement Benefit The Participant who is a General Employee, upon retirement on his or her Delayed Retirement Date, shall receive a monthly retirement

_____________GEORGIA LAWS 2001 SESSION__________4677
benefit which shall be an amount computed and payable in the same manner as a normal retirement benefit as specified in Section B2(a) of this Article with respect to General Employees, but based on the Participant's Final Average Earnings and Credited Service as of his or her Delayed Retirement Date.
The Participant who is a Police or Fire Employee, upon retirement on his or her Delayed Retirement Date, shall receive a monthly retirement benefit which shall be computed and payable in the same manner as a normal retirement benefit as specified in Section A2(a) of this Article with respect to Police or Fire Employees, but based on the Participant's Final Average Earnings and Credited Service as of his or her Delayed Retirement Date.
E. Amend Article VI, Benefits, Section 3. Occupational Disability Benefit (a) Participant's Benefit (4) by striking said Section and inserting in lieu thereof a new Section (4) as follows:
(4) A Participant qualifying for an Occupational Disability benefit shall receive a benefit, which shall be equal to:
i. in the case of a Police or Fire Employee, the benefit he or she would have received if, on the date of his or her disability retirement, he or she were age 55 and had completed 25 years of Credited Service determined in accordance with Section A2(a) of this Article.
ii.in the case of a General Employee, the benefit he or she would have received if, on the date of his or her disability retirement, he or she were age 57 and had completed 25 years of Credited Service determined in accordance with Section B2(a) of this Article.
F. Amend Article VI, Benefits, Section 4. Non-occupational Disability Benefit (a) Participant's Benefit (4) Disability Benefitby striking said Section and inserting a new Section (4) Disability Benefit as follows:
(4) Disability Benefit The monthly Non-occupational Disability benefit granted a Participant shall commence on his or her Disability Retirement Date and shall be payable on the first day of each month thereafter during the continuation of the Participant's Total and Permanent Disability. The amount of each monthly Non-occupational Disability benefit shall be based upon the Participant's years of Credited Service, and shall be determined as specified in Section A2(a) of this Article for Police and Fire Employees and as specified in Section B2(a) of this Article for General Employees, whichever is appropriate, without regard to the Participant's age.

4678_______MUNICIPAL HOME RULE ORDINANCES________
Once the Participant has net the age and service requirements for the retirement benefit at age 55 for Police or Fire Employees as specified in Section A2(a) of this Article or the retirement benefit at age 57 for General Employees as specified in Section B2(a) of this Article, whichever is appropriate, the Participant may elect to change his or her Non-occupational Disability benefit to any one of the forms of benefit specified in Section C7(b)(2) of this Article.
G. Amend Article VI, Benefits by adding thereto as Section 12 the following:
12. Surviving Spouse Benefit for Participants Retired Prior to December 31, 1987.
The surviving spouse of a retired Participant who retired prior to December 31, 1987, and who elected a benefit form which does not provide for a continuing benefit to a survivor, shall be entitled to a monthly benefit of $120 per month. Such benefit shall be payable beginning on the later of January 1, 1999 or the first day of the month following the date of the death of the Participant, and shall continue until the sooner of the death of the surviving spouse or the remarriage of the surviving spouse.
To qualify for this benefit, the surviving spouse must have been married to the Participant on the date of retirement, and must have been married to the Participant on the date of the Participant's death.
H. Amend Article IX, Termination ofthe Plan, A. Allocation ofFunds, Section 2, Section 4, Section 5, and Section 6 and inserting in lieu thereof a new Section 2, Section 4, Section 5, and Section 6 as follows:
2. To provide immediate normal retirement benefits to eligible General Employees age 57 or older and eligible Police or Fire Employees age 55 or older on the date of discontinuance of the Plan (but only to those determined to be eligible for such benefits of the Plan prior to such date of discontinuance), without reference to the order in which they shall have attained their normal retirement ages of 57 and 55, respectively, and to provide for death benefits for those eligible therefor in this group.
4. To provide normal retirement benefits upon attainment of normal retirement age to eligible General Employees age 52 or older but less than age 57 on the date of discontinuance of the Plan and to eligible Police or Fire Employees age 50 or older but less than age 55 on the date of discontinuance of the Plan, without reference to the order in which they shall reach ages 57 and 55, respectively, and to provide death benefits for those eligible therefor in this group.

_____________GEORGIA LAWS 2001 SESSION__________4679
5. To provide normal retirement benefits upon attainment of normal retirement age to eligible General Employees age 45 or older but less than age 52 on the date of discontinuance of the Plan and to eligible Police or Fire Employees age 43 or older but less than age 50 on the date of discontinuance of the Plan, without reference to the order in which they shall reach ages 57 and 55, respectively.
6. To provide normal retirement benefits upon attainment or normal retirement age to eligible General Employees below the age of 45 on the date of discontinuance of the Plan and to eligible Police or Fire Employees below the age of 43 on the date of discontinuance of the Plan, without reference to the order in which they shall reach ages 57 and 55, respectively.
I. Amend Article IX, Termination of Plan, B. Credited Service by striking said Section and inserting in lieu thereof the following:
B Credited Service For the purpose of determining whether or not a Participant has, on the effective date of discontinuance of the Plan, completed sufficient years of Credited Service to be eligible to receive a retirement benefit under the provisions of Subsections 4., 5. and 6. of Section A of this Article IX (but for no other purpose and in particular not for the purpose of determining the amount of such benefit), each Participant who is a General Employee and who on such date is less than age 57 shall receive credit as though his or her period of service included the period from the date of discontinuance of the Plan to his or her fifty-seventh birthday. Similarly, each Participant who is a Police or Fire Employee and who on such date is less than age 55 shall receive credit as though his or her period of service included the period from the date of discontinuance of the Plan to his or her fifty-fifth birthday.
J. Amend Article XI, Option Factors, A. Base benefit Form, 1. For Police or Fire Employees and 2. For General Employees as follows:
1. For Police or Fire Employees (a) by striking therefrom "58" and inserting in lieu thereof "age 55"
(b) by striking therefrom "53" and inserting in lieu thereof "50"
2. For General Employees (a) by striking therefrom "60" and inserting in lieu thereof "57"
(b) by striking therefrom "55" and inserting in lieu thereof "52"

4680_____MUNICIPAL HOME RULE ORDINANCES________
SECTION 2
The C'ty of Savannah Employees' Retirement Plan as amended and restated herein shall be effective for all purposes as of January 1, 2001.
SECTION 3
All Charter, Code provisions, Ordinances and Laws not in conflict herewith shall continue in full force and effect, but where in conflict, are hereby repealed.
ADOPTED AND APPROVED: January 25, 2001
s/ Floyd Adams. Jr. MAYOR
ATTEST:
s/ Dyanne C. Reese______ CLERK OF COUNCIL
AFFIDAVIT OF PUBLICATION SAVANNAH MORNING NEWS
STATE OF GEORGIA COUNTY OF CHATHAM
Personally appeared before me, LYNNETTE TUCK, to me known, who being sworn, deposes and says:
That she/he is the CLASSIFIED INSIDE SALES MANAGER of Southeastern Newspaper Corporation, a Georgia corporation, doing business in Chatham County, Ga., under the trade name of Savannah Morning News, a daily newspaper published in said county;
That she/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 she/he has reviewed the regular editions of the Savannah Morning News, published on:
1-6,2001, 1-12,2001, 1-19,2001,

_____________GEORGIA LAWS 2001 SESSION__________4681

and finds that the following advertisement, to-wit:

00-724-101-0115-51220 Special Notice

Notice is hereby given that

The Mayor and Aldermen of the City of Savannah will consider an Ordinance proposed pursuant to OCGA 36-35-3 to amend the Charter of the City of Savannah to amend the Pension Plan adopted and approved June 8, 1972, as amended, with reference to retirement age, benefits, and employee contributions.

The Amendment will be considered at the meeting of Council January 11,2001, to be held 2pm in Council Chambers at City Hall and further considered for final adoption at the next regular meeting of January 25, 2001.

A copy of the proposed Ordinance is on file in the office of the clerk of Council and the office of the clerk of the Superior Court of Chatham County, Ga., for the purpose of examination and inspection by the public.

This 29th day of December, 2000.

Dyanne C. Reese Clerk of Council

s/ Lynnette Tuck___________ (Deponent)

Appeared in each of said editions. Sworn to and subscribed before me This 19 day of Jan., 2001

s/ Lillie D. Lang Lillie D. Lang
Notary Public, Chatham County, Ga. My Commission Expires Apr. 8, 2001

Filed in the Office of the Secretary of State February 2, 2001.

4682_______MUNICIPAL HOME RULE ORDINANCES__________
CITY OF JONESBORO - POWERS; VACANCIES; QUORUMS; CODE OF ORDINANCES; MAYOR PRO TEMPORE; CLERK; TREASURER; TAX ASSESSORS, MUNICIPAL COURT;
PENALTIES; RULES; REMOVAL OF OFFICERS; CONTRACTS.
STATE OF GEORGIA CITY OF JONESBORO
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, OF THE CITY OF JONESBORO, GEORGIA, SPECIFICALLY THE CHARTER FOR THE CITY OF JONESBORO, GEORGIA, SECTIONS: 1.13(13), (20) & (29); 2.12(b);2.20;2.24(b);2.28;3.10(a),(b),(c)&(d);3.13;3.14;3.17;4.13(c);4.15; 5.16(a), (1), (2), (3), (4), (5), (6), (b), (1) & (2); and 6.29 TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES AND CHARTER PROVISIONS; TO PROVIDE AN ADOPTION DATE; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES ALLOWED BY LAW.
WHEREAS, the City of Jonesboro, Georgia is a duly incorporated municipal government;
WHEREAS, the duties and powers of the City of Jonesboro are set out in the City Charter;
WHEREAS, the duly elected governing authority of the City of Jonesboro, Georgia is authorized under Article 9, Section 2, Paragraph 2, and Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to govern the affairs of and to exercise home rule powers for the City of Jonesboro, Georgia;
WHEREAS, the duly elected governing authority of the City of Jonesboro, Georgia is the Mayor and Council thereof;
WHEREAS, Section 36-35-3(b)(l) of the Official Code of Georgia Annotated (O.C.G.A.) provides the governing authority power to adopt ordinances amending city charters as incident of their home rule powers; and
WHEREAS, the Mayor and Council desire to adopt an ordinance amending provisions of the Charter for the purpose of providing further clarity and to improve and sustain the health, safety and welfare of the citizens of the City of Jonesboro, Georgia.
Be it and it is hereby ordained by the Mayor and Council of the City of Jonesboro:

_____________GEORGIA LAWS 2001 SESSION__________4683
Section 1.
The Charter for the City of Jonesboro, Georgia is hereby amended to read as follows:
"Charterfor the City ofJonesboro
ARTICLE 1
INCORPORATION AND POWERS...
Section 1.13 Examples of Powers...
...(13) Recreation. To createprograms, and to managefacilities so as to provide recreational opportunities for the city residents and visitors, ...
...(20) 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, transportationfacilities, public airports, storm water managementfacilities and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations andpenalties, and to providefor withdrawal ofservice for refusal or failure to pay the same. To levy fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending ofa sewage disposalplant andsewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to providefor the manner and method ofcollecting such service charges andfor enforcing payment of the same; and to charge, impose and collect a sewer connection fee to those connected with the system;...
...(29) Public Utilities and Services. To grant franchises, make contracts, easements, and rights-of-way over, in, under, and on other property ofsaid city on such terms and conditions as such city council may fix, to grant for public utilities and public services and to prescribe the rates, fares, regulations, standards and conditions ofservices applicable to the service to be provided by the franchise granted or contractor, insofar as not in conflict with valid regulations of the Public Service Commission as may be applicable.
ARTICLE II
GOVERNMENT STRUCTURE...

4684_______MUNICIPAL HOME RULE ORDINANCES______
Section 2.12. Vacancies, Filing of Vacancies...
...(b) In the event that the office ofmayor or councilman shall become vacantfor any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six (6) months of the date of the next regular election, the city council or those remaining shall appoint a successorfor the remainder of the unexpired term. In all other respects, the special election shall be held and conducted in accordance with the provisions ofstate law.
Section 2.20. Quorum; Voting.
The presiding officer and three (3) council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the minutes, but any member ofthe city council shall have the right to request a roll call vote and such vote shall be recorded in the minutes. Except as otherwise provided in this charter, the affirmative vote of a majority of council members present shall be required for the adoption of any ordinance, resolution, or motion.
Section 2.24. Signing; Authenticating; Recording; Codification; Printing...
...(b) The city council shallprovidefor the preparation ofa general codification of all the ordinances of the city having the force and effect law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as city council may specify. The compilation shall be known and cited officially as the "Code of Ordinances ofJonesboro, Georgia."
Section 2.28. Mayor Pro Tern; Selection; Duties.
By a majority vote, the city council shall elect a council member to serve as mayor pro tern at the January council meeting each year. During the sickness, absence or disqualification ofthe mayor, the mayor pro tern shall act as mayor, or in case ofsickness, absence or disqualification ofthe mayor pro tern, any one of the council chosen by the city council shall be clothed with all the rights and privileges of the mayor, and shall perform the mayor's duties. The mayor, or mayor pro tern while acting as mayor, shall have right to vote upon any question before the council, and in the case ofa tie shall cast the deciding vote, unless his vote created the tie. The sickness, absence or disqualification ofthe mayor or mayor pro tern shall be declared by majority vote of the council members.

_____________GEORGIA LAWS 2001 SESSION__________4685
ARTICLE HI
ADM1NISTRA TIVE AFFAIRS...
Section 3.10. Administrative and Service Departments.
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish or alter all nonelective offices, positions of employment, departments, and agencies of the city, as necessaryfor the proper administration ofthe affairs andgovernment of this city.
(b) The mayor and council ofsaid city are hereby authorized and empowered to elect for said city annually, and for the term of one (1) year, unless sooner discharged or as otherwise provided by Georgia statute setting another term, a clerk, treasurer, chief of police and as many policemen as they may think necessary, an electrician, a board of health, sanitary inspector, building inspector, chief of fire department, city physician, municipal court judge, solicitor, city attorney, and tax assessor(s), and so many officers and such other officers, including cemetery keeper, as they may deem necessary and proper, fixing their salaries, require them to bond, prescribe their duties and oaths, and suspend or remove them from office, or impose upon them fines, at their discretion, and all officers elected or appointed by said mayor and city council shall accept such offices subject to being suspended, removed dismissed therefrom at the will ofthe mayor and city council at any time they seefit to make such suspension, removal or dismissal, and no officer dismissed or removed, no matter whether the timefor which he has been appointed or elected had expired or shall have or hold any claim against said city. The mayor and councilmen, at their discretion, may elect or appoint the same person to discharge and perform the duties of more than one office; all such officers shall be elected at the first regular meeting held after the election and qualification of said mayor and council or so soon thereafter as possible. The mayor shall have the right to vote in the election of officers.
(c) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers ofthe city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(d) There shall be director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsiblefor the administration and direction ofthe affairs and operations of his department or agency.

4686_______MUNICIPAL HOME RULE ORDINANCES__________
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; attend andpreserve minutes ofall the acts and doing ofeach meeting ofthe city council; andperform such other duties as may be required by the city council. The council may combine the duties ofcity clerk with other appointed positions in city government. The city clerk shall execute such bond, with good security, conditionfor thefaithful discharge ofhis duties in such sum as may be required of him by the city council.
Section 3.14. City Treasurer.
The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other monies belonging to the city subject to the provisions of this charter and the ordinances ofthe city, and to enforce all laws ofGeorgia relating to the collection ofdelinquent taxes andsale orforeclosurefor nonpayment oftaxes by the city. The city treasurer shall also be responsible for the general duties of a treasurer andfiscal officer and shall execute such bond and in such sum as may be required ofhim by the city council. He shall also make general and special reports in the manner and at the time when called upon by the city council to do so. The council may combine the duties of city treasurer with other appointed positions in city government.
Section 3.17 Tax Assessors
The mayor and council may contract for Tax Assessor services with a county or another city or may appoint their own Assessors in accordance with state law.
ARTICLE IV
MUNICIPAL COURT...
Section 4.13 Jurisdiction; Powers...
...(c) The municipal court shall have power to imposefines, costs andforfeitures for the violation ofany ordinance ofthe City ofJonesboro passed in accordance with this charter, in an amount not to exceed One Thousand and 00/100 Dollars ($1,000.00), to imprison offendersfor a period ofnot more than six (6) months, or at labor on the roads and streets or other public works of said city for not more than thirty (30) days; and the said municipal court shall have the power and authority to impose any one or more of these punishments when the court shallfind that thefacts ofthe case sojustify, or to set out a penalty providedfor use for punishment of violations of city ordinances as set out in state law ...

_____________GEORGIA LAWS 2001 SESSION__________4687
Section 4.15 Rules for Court.
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 court may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be availablefor public inspection, and, upon request, a copy shall befinished to a defendant in municipal court proceedings.
ARTICLE V
ELECTIONS AND REMOVALS...
Section 5.16. Removal of Officers.
(a) The mayor, council members, or other appointed officers, not including department heads or other officers listed under Section 3.10, as providedfor in this charter shall be removedfrom office for any one or more ofthe following causes:
(1) incompetence, misfeasance in office;
(2) conviction of a crime involving moral turpitude;
(3) failure at any time to posses any ofthe qualifications ofoffice as provided by this charter;
(4) knowingly violating any express prohibition of this charter;
(5) abandonment of office or neglect to perform the duties thereof;
(6) failure for any other cause to perform the duties of office as required by this charter or by state law; or
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(I) By the vote offour (4) council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing -which shall be held not less than (10) days after the service of such written notice. Any elected officer sought to be removedfrom office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court ofClayton

4688_______MUNICIPAL HOME RULE ORDINANCES_________
County. Such appeal shall be governed by the same rules as govern appeals to the Superior Court from the municipal court.
(2) By an order ofSuperior Court ofClayton Countyfollowing a hearing on a complaint seeking such a removal brought by any resident of the City of Jonesboro.
ARTICLE VI
FINANCE...
Section 6.29. Contracting Procedures.
All City contracts shall comply with state law and city ordinances. "
Section 2.
The preamble to this Ordinance is hereby incorporated into this Ordinance as if set out fully herein.
Section 3.
The sections, paragraphs sentences clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.
Section 4.
This Ordinance shall be codified in accordance with state law and local ordinance.
Section 5.
All ordinances and parts of ordinances and all charter provisions and parts of charter in conflict herewith are hereby expressly repealed.
Section 6.
All non-repealed Charter provisions and ordinances not in conflict with this Ordinance are hereby re-adopted and, where applicable, shall be renumbered for consistency herewith accordingly.

_____________GEORGIA LAWS 2001 SESSION__________4689
Section 7.
The adoption date of this Ordinance is February 12, 2001.
Section 8.
The effective date of this Ordinance shall be February 12, 2001.
SO ORDAINED this 12 day of February, 2001.
CITY OF JONESBORO, GEORGIA
s/JoyB. Day______________ Joy B. Day, Mayor
ATTEST:
s/ Katherine Smith_________ KATHERINE SMITH, City Clerk
APPROVED AS TO FORM:
s/ Steven M. Fincher________ STEVEN M. FINCHER, City Attorney
AFFIDAVIT OF News Daily
PERSONALLY APPEARED before me, Rita Camp, who being duly sworn, deposes and states that he/she is over the age of twenty-one (21) years, and is competent to make this Affidavit, and that the facts contained herein are based upon his/her personal knowledge and are true and correct.
1.
I am a duly authorized representative of the News Daily newspaper.
2.
As a duly authorized representative of News Daily newspaper I hereby state that a notice of a Charter Amendment was published in the News Daily as provided under O.C.G.A. 36-35-3 and 36-35-5 also known as Chapter 35 of Title 36 of the O.C.G.A.

4690_______MUNICIPAL HOME RULE ORDINANCES
s/ Rita Camp Authorized Representative
Subscribed to and sworn before me on this 16th day of February, 2001.
s/ Tina Connell_________ Notary Public, Clayton County, Georgia My Commission Expires August 10, 2001
State of Georgia City of Jonesboro County of Clayton
Notice is hereby given that two (2) public hearings shall be held on Jan. 8,2001 and Feb. 12, 2001 at City of Jonesboro City Hall, 124 North Avenue, Jonesboro, Georgia 30236 at 7:00 p.m. for the purposes of considering an ordinance which would amend the Charter for the City of Jonesboro, Georgia, Sections: 1.13(13), (20) & (29); 2.12 (b); 2.20; 2.24(b); 2.28; 3.10(a), (b), (c) & (d); 3.13; 3.14; 3.17; 4.13(c); 4.15; 5.16(a) (1), (2), (3), (4), (5), (6), (b), (1) & (2); and 6.29 said sections set out the ability to conduct recreation programs, list areas of franchise, establish the manner of filling vacancies, provide for storm water management, make modifications to the rules setting quorums, change the name of the Code of Ordinances, defined the duties of the Mayor Pro Tern, reaffirm an at-will employment policy, define duties of the Clerk, Treasurer and Tax Assessors, clarify penalties in Municipal Court, adopt authority to set rules in the Municipal Court, set out rules for removal of officers, and establish contracting procedures.
A complete copy of the purposed amendment is on file in the office of the Clerk of Jonesboro, Georgia and in the office of the Clerk of Superior Court of Clayton County for the purpose of examination and inspection by the public.
City of Jonesboro, Georgia
KATHERINE SMITH, City Clerk
Filed in the Office of the Secretary of State February 22, 2001.

GEORGIA LAWS 2001 SESSION_________ 4691

CITY OF ATLANTA - CONTRACTS; LOCAL PREFERENCE PROGRAM.

CITY COUNCIL ATLANTA, GEORGIA

00-O-1868

AN ORDINANCE BY

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (G A. LAWS 1965, P. 298, ET. SEQ.), AS AMENDED, TO AMEND SECTION 6-402 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET. SEQ.), APPROVED APRIL 15, 1996, AS AMENDED, SO AS TO AMEND SUBSECTIONS (a) AND (b) TO ADD LOCAL PREFERENCE PROGRAM TO THE LIST OF REQUIREMENTS FOR AWARDS OF CONTRACTS; TO REPEAL CONFLICTING ORDINANCES AND CHARTER PROVISIONS; AND FOR OTHER PURPOSES

THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS as follows:

SECTION ONE:

Section 6-402 entitled Purchasing Procedures, of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et. seq.), approved April 15, 1996, as amended, is hereby amended as follows:

(A) Delete the third sentence of the first paragraph of subsection (a) in its entirety, and replace it with the following:

Awards of contracts shall be made to the most responsible and responsive firms, said responsibleness and responsiveness to be determined by factors including those set forth in subsection (b) below, including but not limited to compliance with the requirements of any existing minority and female business opportunity development plans and any local preference program as established by City ordinance.

(B) Add a number (12) to subsection (b) as follows:

(12) The compliance of the bidder or firm with the requirements of a local preference program as may be prescribed by ordinance.

4692_______MUNICIPAL HOME RULE ORDINANCES__________

SECTION TWO:

A copy of this proposed amendment to the Charter of the City of Atlanta (Ga. Laws 1996, p. 4469, et seq.), approved April 15, 1996, as amended, shall be filed in the Office of the Municipal Clerk and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties and the "Notice of Proposed Amendment to the Charter of the City of Atlanta" attached hereto as Exhibit "A" and by reference, made a part hereof, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and the official organs of Fulton County and DeKalb County, and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta.

SECTION THREE:

All ordinances and charter provision or parts of ordinances and charter provisions in conflict herewith are hereby repealed.

A true copy,

ADOPTED by the council

s/ Rhonda Dauphin Johnson APPROVED by the Mayor

Municipal Clerk, CMC

CERTIFIED

1 st Adoption Jan 16,2001

2nd Adoption Feb 05, 2001

Rhonda Dauphin Johnson

Municipal Clerk

FEB05,2001 FEE 13, 2001

"Exhibit A"

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.) approved April 15, 1996, as amended7, said Ordinance being captioned as follows:

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET. SEQ.) AS AMENDED, TO AMEND SECTION 6-402 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET. SEQ.), APPROVED APRIL 15, 1996, AS AMENDED, SO AS TO AMEND

_____________GEORGIA LAWS 2001 SESSION__________4693
SUBSECTIONS (a) AND (b) TO ADD LOCAL PREFERENMCE PROGRAM TO THE LIST OF REQUIREMENTS FOR AWARDS OF CONTRACTS; TO REPEAL CONFLICTING ORDINANCES AND CHARTER PROVISIONS; AND FOR OTHER PURPOSES.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
This __ day of __________, 2000.
Municipal Clerk
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF DEKALB
Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, ORDINANCE 00-O-1868 was published in said newspaper on the following date(s):
01/18/01,01/25/01,02/01/01
s/ Carolyn Jernigan-Glenn___ CAROLYN J. GLENN, PUBLISHER
Sworn to and subscribed before me this 02/01/01.
s/ Dorcas Y. Jernigan________ Notary Public
My commission expires July 31, 2001.
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, P. 4469, et. seq.) approved April 15, 1996, as amended, said Ordinance, (00-O-1868), being captioned as follows:

4694_______MUNICIPAL HOME RULE ORDINANCES________
An Ordinance to amend the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, et. seq.) as amended, to amend Section 6-402 of the Charter of the City of Atlanta, Georgia (GA. Laws 1996, p. 4469, et. seq.), approved April 15, 1996, as amended, so as to amend subsections (a) and (b) to add local preference program to the list of requirements for awards of contracts; to repeal conflicting ordinances and charter provisions; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
Given Under My Hand and Seal Of This Office On This 3rd day of January 2001.
Rhonda Dauphin Johnson Municipal Clerk, CMC
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
Before me, the undersigned, a Notary Public, this day personally came Kara Gibson who, being duly sworn, according to law, says she is an agent of the American Lawyer Media, L.P. publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:
01/18/01,01/25/01,02/01/01
s/ Kara Gibson___________ Kara Gibson Agent of the Daily Report
Subscribed and sworn to before me this 02/01/01.
s/ Tara Green_______ Notary Public, Douglas County, Georgia Expires Dec 19, 2004

_____________GEORGIA LAWS 2001 SESSION__________4695
CITY OF ATLANTA MUNICIPAL CLERK NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, P. 4469, et. seq.) approved April 15, 1996 as amended, said Ordinance, (00-O-1868), being captioned as follows:
An Ordinance to amend the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et. seq.) as amended, to amend Section 6-402 of the Charter of the City of Atlanta, GA (Ga. Laws 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, so as to amend subsections (a) and (b) to add local preference program to the list of requirements for awards of contracts; to repeal conflicting ordinances and charter provisions; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, GA for the purposes of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 3rd day of January 2001.
Rhonda Dauphin Johnson Municipal Clerk, CMC #15:l/18-3ag
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
DONNA MCDUFFIE, personally appeared before me, the undersigned Notary Public, who states she is a Legal Clerk for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal and The Atlanta Constitution on the following dates:
JANUARY 18, 25, 2001. FEBRUARY 1, 2001.

4696_______MUNICIPAL HOME RULE ORDINANCES
SWORN TO AND SUBSCRIBED BEFORE ME, THIS 5th DAY OF March 2001.
s/ Wanda W. Moore______ Notary Public, Spalding County, GA My Commission Expires March 12, 2002
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF
THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (GA Laws, 1996, P. 4469, et. seq.) approved April 15, 1996, as amended, said Ordinance, (00-O-1868), being captioned as follows:
An Ordinance to amend the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, et. seq.) as amended to amend Section 6-402 of the Charter of the City of Atlanta, Georgia (GA. Laws 1996, p. 4469, et. seq.), approved April 15, 1996, as amended, so as to amend subsections (a) and (b) to add local preference program to the list of requirements for awards of contracts; to repeal conflicting ordinances and charter provisions; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 3rd day of January 2001.
Rhonda Dauphin Johnson Municipal Clerk, CMC
Filed in the Office of the Secretary of State February 28, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4697

CITY OF ATLANTA - NONDISCRIMINATION.

CITY COUNCIL ATLANTA, GEORGIA

AN ORDINANCE BY COUNCILMEMBER CATHY WOOLARD

00-0-2074

AN ORDINANCE BY COUNCILMEMBER CATHY WOOLARD, TO AMEND THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET. SEQ.), AS AMENDED, TO AMEND SUBPART A OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET. SEQ.) APPROVED APRIL 15, 1996, AS AMENDED SO AS TO DELETE THE WORDS "RACE, COLOR, RELIGION, SEX, MARITAL STATUS, SEXUAL ORIENTATION, NATIONAL ORIGIN, OR GENDER IDENTITY;" AND TO INSERT THE FOLLOWING WORDS IN LIEU THEREOF: "RACE, COLOR, CREED, RELIGION, SEX, DOMESTIC RELATIONSHIP STATUS, PARENTAL STATUS, FAMILIAL STATUS, SEXUAL ORIENTATION, NATIONAL ORIGIN, GENDER IDENTITY OR RACIAL PROFILING;" TO REPEAL CONFLICTING ORDINANCES; AND FOR, OTHER PURPOSES.

THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS AS FOLLOWS;

SECTION 1: SUBPART A (ENTITLED "BILL OF RIGHTS") OF THE CHARTER OF THE CITY OF ATLANTA GEORGIA (G A. LAWS 1996, P. 4469, ET. SEQ.) APPROVED APRIL 15, 1996, AS AMENDED, IS HEREBY AMENDED SO AS TO DELETE THE WORDS "RACE, COLOR, RELIGION, SEX, MARITAL STATUS, SEXUAL ORIENTATION, NATIONAL ORIGIN, OR GENDER IDENTITY;" AND TO INSERT THE FOLLOWING WORDS IN LIEU THEREOF: "RACE, COLOR, CREED, RELIGION, SEX, DOMESTIC RELATIONSHIP STATUS, PARENTAL STATUS, FAMILIAL STATUS, SEXUAL ORIENTATION, NATIONAL ORIGIN, GENDER IDENTITY OR RACIAL PROFILING;" AS FOLLOWS:

BILL OF RIGHTS

The council, mayor and all departments of government of the City of Atlanta shall be guided by the provisions of this Bill of Rights:

4698_______MUNICIPAL HOME RULE ORDINANCES________

1. Religion and Conscience. The City of Atlanta shall not interfere with the freedom of each person in the city to follow the dictates of his or her own conscience concerning religious worship, nor shall the city support any religion.

2. Speech, Assembly and Press. The City of Atlanta shall not interfere with the rights of freedom of speech, of freedom of the press, to petition the government, or of peaceable assembly.

3. Unreasonable Searches and Seizures. The City of Atlanta shall not authorize any unreasonable search or seizure.

4. Nondiscrimination. The City of Atlanta shall not, directly or indirectly, discriminate among persons because of race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, political affiliation, gender identity, or racial profiling. Nothing herein shall prevent the City of Atlanta from remedying present discrimination or the present effects of past discrimination by a race-conscious affirmative action program which is in compliance with the Constitution and laws ofthe United States of America and the State of Georgia.

5. Environmental Protection. The City of Atlanta shall promote the right of the people to clean air, pure water, freedom from excessive and unnecessary noise, and the natural, scenic, historic and aesthetic qualities of the environment. (1996 Ga. L. (Act No. 1019), p. 4469)

SECTION 2: A copy of this proposed amendment to the Charter of the City of Atlanta, (Ga. Laws 1996, p. 4469, et. seq.), as approved April 15,1996, as amended shall be filed in the Office of the Municipal Clerk and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties and the "Notice of Proposed Amendment to the Charter of the City of Atlanta" attached hereto as Exhibit "A" and by reference, made a part hereof, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organs of Fulton County and DeKalb County, and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta.

SECTION 3: All ordinances and charter provisions or parts of ordinances and charter provisions in conflict herewith are hereby repealed.

A true copy,

ADOPTED as amended by the Council APPROVED by the Mayor

FEE 05, 2001 FEB 13, 2001

s/Rhonda Dauphin Johnson Municipal Clerk, CMC

_____________GEORGIA LAWS 2001 SESSION__________4699
CERTIFIED 1st Adoption Jan 16,2001 2nd Adoption Feb 05, 2001 Rhonda Dauphin Johnson
Municipal Clerk
"Exhibit A"
NOTICE OF THE PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
NOTICE is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Eaws, 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:
AN ORDINANCE BY COUNCILMEMBER CATHY WOOLARD, TO AMEND THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET. SEQ.), AS AMENDED, TO AMEND SUBPART A OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET. SEQ.) APPROVED APRIL 15, 1996, AS AMENDED SO AS TO DELETE THE WORDS "RACE, COLOR, RELIGION, SEX, MARITAL STATUS, SEXUAL ORIENTATION, NATIONAL ORIGIN, OR GENDER IDENTITY;" AND TO INSERT THE FOLLOWING WORDS IN LIEU THEREOF: "RACE, COLOR, CREED, RELIGION, SEX, DOMESTIC RELATIONSHIP STATUS, PARENTAL STATUS, FAMILIAL STATUS, SEXUAL ORIENTATION, NATIONAL ORIGIN, GENDER IDENTITY OR RACIAL PROFILING;" TO REPEAL CONFLICTING ORDINANCES; AND FOB. OTHER PURPOSES.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia; for the purpose of examination and inspection by the public.
This ______ day of __________, 2000.
Municipal Clerk

4700_______MUNICIPAL HOME RULE ORDINANCES______'
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF DEKALB
Personally appeared before the undersigned, a notary public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of Public Notice 00-0-2074 was published in said newspaper on the following date(s):
12/28/00,01/04/01
s/ Carolyn Jernigan-Glenn CAROLYN JERNIGAN GLENN, PUBLISHER
Sworn to and subscribed before me this llth day of January, 2001
s/ Dorcas Y. Jernigan_____ Notary Public My commission expires July 31, 2001
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, P. 4469, et. seq.) approved April 15, 1996, as amended, said Ordinance, (00-0-2074), being captioned as follows:
An Ordinance by Councilmember Cathy Woolard to amend the Charter of the City of Atlanta Adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et. seq.), as amended, to amend Subpart A of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et. seq.) approved April 15,1996, as amended so as to delete the words "race, color, religion, sex, marital status, sexual orientation, national origin, or gender identity;" and to insert the following words in lieu thereof: "race color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, or gender identity;" to repeal conflicting ordinances; and for other purposes.
A copy of the proposed Ordinance and the Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks

_____________GEORGIA LAWS 2001 SESSION_____________4701
of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 19th day of December 2000.
Rhonda Dauphin Johnson Municipal Clerk, CMC CITY OF ATLANTA MUNICIPAL CLERK 55 Trinity Avenue #2700 Atlanta, GA 30303 Phone: 404-330-6030 Fax 404-658-6273
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF DEKALB
Personally appeared before the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, 00-0-2074 was published in said newspaper on the following date(s):
01/18/01,01/25/01,02/01/01
s/ Carolyn Jernigan-Glenn CAROLYN JERNIGAN GLENN, PUBLISHER
Sworn to and subscribed before me this 02/01/01.
s/ Dorcas Y. Jernigan________ Notary Public My commission expires July 31, 2001
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, P. 4469, et. seq.) approved April 15, 1996, as amended, said Ordinance, (00-0-2074), being captioned as follows:

4702_______MUNICIPAL HOME RULE ORDINANCES__________
An Ordinance by Councilmember Cathy Woolard to amend the Charter of the City of Atlanta Adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et. seq.), as amended, to amend Subpart A of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et. seq.) approved April 15,1996, as amended so as to delete the words "race, color, religion, sex, marital status, sexual orientation, national origin, or gender identity;" and to insert the following words in lieu thereof: "race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, or gender identity;" to repeal conflicting ordinances; and for other purposes.
A copy of the proposed Ordinance and the Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 19th day of December 2000.
Rhonda Dauphin Johnson Municipal Clerk, CMC CITY OF ATLANTA MUNICIPAL CLERK 55 Trinity Avenue #2700 Atlanta, GA 30303 Phone: 404-330-6030 Fax 404-658-6273
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
Before me, the undersigned, a Notary Public, this day personally came Kara Gibson who, being duly sworn, according to law, says she is an agent of the American Lawyer Media, L.P. publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:
01/18/01,01/25/01,02/02/01
s/ Kara Gibson______ Kara Gibson Agent of the Daily Report

_____________GEORGIA LAWS 2001 SESSION__________4703
Subscribed and sworn to before me this 02/01/01.
s/ Tara Green______ Notary Public Douglas County Notary expires Dec. 19, 2004
CITY OF ATLANTA MUNICIPAL CLERK NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta Ga. Laws, 1996, P. 4469, et. seq. approved April 15, 1996 as amended said Ordinance (00-0-2074), being captioned as follows:
An Ordinance by Councilmember Cathy Woolard (as amended by Finance/Executive Committee) to amend the Charter ofthe City ofAtlanta Adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga Laws 1965, p. 298, et. seq.) as amended to amend Subpart A of the Charter of the City of Atlanta, Ga(Ga. Laws 1996, p. 4469, et. seq.) approved April 15, 1996, as amended so as to delete the words "race, color, religion, sex, marital status, sexual orientation, national origin, or gender identity;" and to insert the following words in lieu thereof "race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin or gender identity, or racial profiling" to repeal conflicting ordinances and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, GA for the purposes of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 3rd day of January 2001. #13:l/18-3ag
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
DONNA MCDUFFIE, personally appeared before me, the undersigned Notary Public, who states she is a Legal Clerk for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper of general circulation published in the

4704_______MUNICIPAL HOME RULE ORDINANCES__________
City of Atlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal and The Atlanta Constitution on the following dates: DECEMBER 28, 2000, JANUARY 4, 2001.
SWORN TO AND SUBSCRIBED BEFORE ME, THIS 5th DAY OF MARCH 2001.
s/ Wanda W. Moore________ (NOTARY SIGNATURE)
MY COMMISSION EXPIRES MARCH 12,2002
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF
THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (GA. Laws, 1996, P. 4469, et. seq.) approved April 15, 1996, as amended, said Orginance, (00-0-1868), being captioned as follows:
An Ordinance to amend the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, et. seq.) as amended to amend Section 6-402 of the Charter of the City of Atlanta, Georgia (GA. Laws 1996, p. 4469, et. seq.), approved April 15, 1996, as amended, so as to amend subsections (a) and (b) to add local preference program to the list of requirements for awards of contracts; to repeal conflicting ordinances and charter provisions; and for other purposes..
A copy of the proposed Orginance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 3rd day of January 2001.
Rhonda Dauphin Johnson Municipal Clerk, CMC
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON

_____________GEORGIA LAWS 2001 SESSION__________4705
DONNA MCDUFFIE, personally appeared before me, the undersigned Notary Public, who states she is a Legal Clerk for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal and The Atlanta Constitution on the following dates:
JANUARY 18,25,2001. FEBRUARY 1,2001.
SWORN TO AND SUBSCRIBED BEFORE ME THIS 6th DAY OF January 2001
s/ Wanda W. Moore_____ (NOTARY SIGNATURE) MY COMMISSION EXPIRES
MARCH 12, 2002
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, P. 4469, et. seq.) approved April 15, 1996, as amended, said Ordinance, (00-0-2074), being captioned as follows:
An Ordinance by Councilmember Cathy Woolard (as amended by Finance/Executive Committee) to amend the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et. seq.) as amended, to amend Subpart A of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et. seq.) approved April 15, 1996, as amended so as to delete the words "race, color, religion, sex, marital status, sexual orientation, national origin, or gender identity;" and to insert the following words in lieu thereof: "race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, or gender identity; or racial profiling;" to repeal conflicting ordinances; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 3rd day of January 2001.

4706_______MUNICIPAL HOME RULE ORDINANCES
Rhonda Dauphin Johnson Municipal Clerk, CMC
Filed in the Office of the Secretary of State February 28, 2001.

CITY OF ATLANTA - NONDISCRIMINATION.

CITY OF ATLANTA ATLANTA, GEORGIA

AN ORDINANCE BY COUNCIL MEMBER CATHY WOOLARD

00-O-2075

AN ORDINANCE BY COUNCILMEMBER CATHY WOOLARD, TO AMEND THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET. SEQ.), AS AMENDED, TO AMEND ARTICLE III SECTION 3-502 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET. SEQ.) APPROVED APRIL 15, 1996, AS AMENDED SO AS TO AMEND ARTICLE III SECTION 3502 OF THE CHARTER OF THE CITY OF ATLANTA CODE OF ORDINANCES, SO AS TO DELETE THE WORDS "RACE, COLOR, RELIGION, SEX, MARITAL STATUS, SEXUAL ORIENTATION, NATIONAL ORIGIN, POLITICAL AFFILIATION, OR GENDER IDENTITY;" AND TO INSERT THE FOLLOWING WORDS IN LIEU THEREOF: "RACE, COLOR, CREED, RELIGION, SEX, DOMESTIC RELATIONSHIP STATUS, PARENTAL STATUS, FAMILIAL STATUS, SEXUAL ORIENTATION, NATIONAL ORIGIN, POLITICAL AFFILIATION, GENDER IDENTIFY OR RACIAL PROFILING;" TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS AS FOLLOWS:

SECTION 1: ARTICLE III SECTION 3-502 (ENTITLED "DISCRIMINATION PROHIBITED") OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET. SEQ.) APPROVED APRIL 15, 1996, AS AMENDED, IS HEREBY AMENDED SO AS TO DELETE THE WORDS "RACE, COLOR, RELIGION, SEX, MARITAL STATUS, SEXUAL

_____________GEORGIA LAWS 2001 SESSION__________4707

ORIENTATION, NATIONAL ORIGIN, POLITICAL AFFILIATION, OR GENDER IDENTITY;" AND TO INSERT THE FOLLOWING WORDS IN LIEU THEREOF: "RACE, COLOR, CREED, RELIGION, SEX, DOMESTIC RELATIONSHIP STATUS, PARENTAL STATUS, FAMILIAL STATUS, SEXUAL ORIENTATION, NATIONAL ORIGIN, POLITICAL AFFILIATION, GENDER IDENTITY OR RACIAL PROFILING;" AS FOLLOWS:

Section 3-502. Discrimination prohibited.

It shall be the policy of the city, its departments, and boards that all personnel matters shall be determined solely on the basis of merit and qualification, without respect to race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, political affiliation, gender identity or racial profiling.

(1996 Ga. L. (Act No. 1019), p. 4469)

SECTION 2: A copy of this proposed amendment to the Charter of the City of Atlanta, (Ga. Laws 1996, p. 4469, et. seq.), as approved April 15,1996, as amended shall be filed in the Office of the Municipal Clerk and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties and the "Notice of Proposed Amendment to the Charter of the City of Atlanta" attached hereto as Exhibit "A" and by reference, made a part hereof, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organs of Fulton County and DeKalb County, and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta.

SECTION 3: All ordinances and charter provisions or parts of ordinances and charter provisions in conflict herewith are hereby repealed.

A true copy

ADOPTED as amended by the Council APPROVED by the Mayor

FEB 05,2001 FEB 13, 2001

s/ Rhonda Dauphin Johnson Municipal Clerk, CMC

CERTIFIED 1st Adoption Jan 16,2001 2nd Adoption Feb 05, 2001 Rhonda Dauphin Johnson Municipal Clerk

4708_______MUNICIPAL HOME RULE ORDINANCES__________
"Exhibit A"
NOTICE OF THE PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
NOTICE is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:
AN ORDINANCE BY COUNCILMEMBER CATHY WOOLARD, TO AMEND THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET. SEQ.), AS AMENDED, TO AMEND ARTICLE III SECTION 3-502 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET. SEQ.) APPROVED APRIL 15, 1996, AS AMENDED SO AS TO DELETE THE WORDS "RACE, COLOR, RELIGION, SEX, MARITAL STATUS, SEXUAL ORIENTATION, NATIONAL ORIGIN, OR GENDER IDENTITY;" AND TO INSERT THE FOLLOWING WORDS IN LIEU THEREOF: "RACE, COLOR, CREED, RELIGION, SEX, DOMESTIC RELATIONSHIP STATUS, PARENTAL STATUS, FAMILIAL STATUS, SEXUAL ORIENTATION, NATIONAL ORIGIN, GENDER IDENTITY OR RACIAL PROFILING;" TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia; for the purpose of examination and inspection by the public.
This _____ day of _____________, 2000.
Municipal Clerk
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF DEKALB

_____________GEORGIA LAWS 2001 SESSION__________ 4709
Personally appeared before the undersigned, a notary public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of Public Notice 00-0-2075 was published in said newspaper on the following date(s):
12/28/00,01/04/01
s/ Carolyn Jernigan-Glenn______ CAROLYN JERN1GAN GLENN, PUBLISHER
Sworn to and subscribed before me this llth day of January, 2001
s/ Dorcas Y. Jernigan_________ Notary Public My commission expires July 31, 2001
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF
ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, P. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance, (00-O-2075), being captioned as follows:
An Ordinance by Councilmember Cathy Woolard, to amend the Charter of the City of Atlanta Adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et. seq.), as amended, to amend Article III Section 3-502 of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et. seq.) approved April 15, 1996, as amended so as to delete the words "race, color, religion, sex, marital status, sexual orientation, national origin, or gender identity;" and to insert the following words in lieu thereof: "race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, or gender identity;" to repeal conflicting ordinances; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

4710_______MUNICIPAL HOME RULE ORDINANCES__________
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 19th day of December 2000.
Rhonda Dauphin Johnson Municipal Clerk, CMC CITY OF ATLANTA MUNICIPAL CLERK 55 Trinity Ave #2700 Atlanta, GA 30303 Phone: 404-330-6030 Fax: 404-658-6273
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF DEKALB
Personally appeared before me the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of Public Notices, 00-0-2075 was published in said newspaper on the following date(s):
01/18/01,01/25/01,02/01/01
s/ Carolyn Jernigan-Glenn______ CAROLYN JERNIGAN GLENN, PUBLISHER
Sworn to and subscribed before me this 02/01/01.
s/ Dorcas Y. Jernigan__________ Notary Public My commission expires July 31, 2001
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF
ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, P. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance (00-0-2075), being captioned as follows:

_____________GEORGIA LAWS 2001 SESSION__________4711
An Ordinance by Councilmember Cathy Woolard, to amend the Charter of the City of Atlanta Adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et. seq.), as amended, to amend Article III Section 3-502 of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et. seq.) approved April 15, 1996, as amended so as to delete the words "race, color, religion, sex, marital status, sexual orientation, national origin, or gender identity;" and to insert the following words in lieu thereof: "race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, or gender identity;" to repeal conflicting ordinances; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 19th day of December 2000.
Rhonda Dauphin Johnson Municipal Clerk, CMC CITY OF ATLANTA MUNICIPAL CLERK 55 Trinity Ave #2700 Atlanta, GA 30303 Phone: 404-330-6030 Fax: 404-658-6273
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
Before me, the undersigned, a Notary Public, this day personally came Kara Gibson who, being duly sworn, according to law, says she is an agent of the American Lawyer Media, L.P. publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:
01/18/01,01/25/01,02/01/01
s/ Kara Gibson_____ Kara Gibson Agent of the Daily Report

4712_______MUNICIPAL HOME RULE ORDINANCES________
Subscribed and sworn to before me this 02/01/01.
s/ Tara Green___________ Notary Public, Douglas County, Georgia Expires Dec. 19, 2004
CITY OF ATLANTA MUNICIPAL CLERK NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta Ga. Laws, 1996, P. 4469, et. seq. approved April 15, 1996 as amended said Ordinance (00-0-2075), being captioned as follows:
An Ordinance by Council member Cathy Woolard (as amended by Finance/Executive Committee) to amend the Charter ofthe City ofAtlanta Adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et. seq.) as amended to amend Article III Section 3-502 of the Charter ofthe City ofAtlanta, Ga (Ga. Laws 1996, p. 4469, et. seq.) approved April 15, 1996, as amended so as to delete the words "race, color, religion, sex, marital status, sexual orientation, national origin, or gender identity;" and to insert the following words in lieu thereof; race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin or gender identity, to repeal conflicting ordinances and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, GA for the puipose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 3rd day of January 2001.
Rhonda Dauphin Johnson Municipal Clerk, CMC #14:l/18-3ag
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON

_____________GEORGIA LAWS 2001 SESSION__________4713
DONNA MCDUFFIE, personally appeared before me, the undersigned Notary Public, who states she is a Legal Clerk for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal and The Atlanta Constitution on the following dates:
DECEMBER 28, 2000. JANUARY 4, 2001.
SWORN TO AND SUBSCRIBED BEFORE ME, THIS 5th DAY OF March 2001.
s/ Wanda W. Moore______ MY COMMISSION EXPIRES
MARCH 12, 2002
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, P. 4469, et. seq.) approved April 15, 1996, as amended, said Ordinance (00-0-2075), being captioned as follows:
An Ordinance by Councilmember Cathy Woolard (as amended by Finance/Executive Committee) to amend the Charter ofthe City ofAtlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et. seq.), as amended so as to amend Article III Section 3-502 of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et. seq.) approved April 15, 1996, as amended so as to delete the words "race, color, religion, sex, marital status, sexual orientation, national origin, political affiliation, or gender identity;" and to insert the following words in lieu "race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, political affiliation, gender identity; or racial profiling" to repeal conflicting ordinances; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 3rd day of January 2001.
Rhonda Dauphin Johnson Municipal Clerk, CMC

4714_______MUNICIPAL HOME RULE ORDINANCES____________
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
DONNA MCDUFFIE, personally appeared before me, the undersigned Notary Public, who states she is a Legal Clerk for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal and The Atlanta Constitution on the following dates:
JANUARY 18, 25, 2001. FEBRUARY 1, 200!.
SWORN TO AND SUBSCRIBED BEFORE ME, THIS 6th DAY OF February 2001.
s/ Wanda W. Moore______ MY COMMISSION EXPIRES
MARCH 12,2002
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF
THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, P. 4469, et. seq.) approved April 15, 1996, as amended, said Ordinance (00-0-2075). being captioned as follows:
An Ordinance by Councilmember Cathy Wooiard (as amended by Finance/Executive Committee) to amend the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et. seq.), as amended so as to amend Article III Section 3-502 of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et. seq.) approved April 15, 1996, as amended so as to delete the words "race, color, religion, sex, marital status, sexual orientation, national origin, political affiliation, or gender identity;" and to insert the following words in lieu thereof: "race, color, creed, religion, sex, domestic relationship status, familial status, sexual orientation, national origin, political affiliation, gender identity; or racial profiling" to repeal conflicting ordinances; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

_____________GEORGIA LAWS 2001 SESSION_____________47L5
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 3rd day of January 2001.
Rhonda Dauphin Johnson Municipal Clerk, CMC
Filed in the Office of the Secretary of State February 28, 2001.
CITY OF LAGRANGE - MUNICIPAL COURT; ASSISTANT JUDGE.
AN ORDINANCE
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF LAGRANGE TO AMEND THE CHARTER OF THE CITY; TO AMEND CHAPTER 7 OF THE CHARTER RELATING TO MUNICIPAL COURT IN ORDER TO MODIFY THE APPOINTMENT PROCESS AND TO ALLOW THE MUNICIPAL COURT JUDGE TO NAME AND DESIGNATE AN ASSISTANT JUDGE OF THE MUNICIPAL COURT OF THE CITY OF LAGRANGE UNDER CERTAIN CIRCUMSTANCES; TO REPEAL CONFLICTING PROVISIONS; TO FIX AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
THE MAYOR AND COUNCIL OF THE CITY OF LAGRANGE, GEORGIA, HEREBY ORDAIN AS FOLLOWS:
SECTION 1:
That Section 7.02 of the Charter of the City of LaGrange be amended, pursuant to the Municipal Home Rule Act of 1965, as amended, by deleting therefrom said Section 7.02, in its entirety, inserting in lieu thereof a new Section 7.02 to read as follows:
"Sec. 7.02. Municipal judge; assistant judge.
(a) A person shall not be qualified or eligible to serve as a municipal judge unless he shall be licensed to practice law in the State of Georgia, shall have attained the age of twenty-five (25) years, shall be a qualified voter of Troup County, Georgia, and shall have resided therein at least one (1) year immediately preceding his or her appointment and shall continue to be a resident thereof during the term of his or her office. At the first regular meeting in January of each year, the mayor and council shall appoint the municipal judge,

4716_______MUNICIPAL HOME RULE ORDINANCES_________
and may also appoint an assistant municipal judge, each of whom shall serve for a term of one (1) year and until his or her respective successor is appointed and qualified. The mayor and council shall also be authorized to fill any vacancy or unexpired term in such offices and to fix the compensation of the municipal judge and the assistant municipal judge.
(b) Before entering on the duties of their offices, the municipal judge and any assistant municipal judge shall each take an oath before an officer duly authorized to administer oaths that he or she will truly, honestly and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. This oath shall be entered upon the minutes of the mayor and council.
(c) The assistant municipal judge shall conduct court and preside thereover when requested by or in the absence or disability of the municipal judge of said court and shall otherwise have the same power and responsibility as the municipal judge of said court.
(d) Should the mayor and council choose not to appoint an assistant municipal judge pursuant to subsection (a) above, the municipal judge, with the consent of the mayor and council, may appoint one or more assistant municipal judges who shall conduct court and preside thereover when requested or in the absence or disability of the municipal judge and shail otherwise have the same power and responsibility as the municipal judge of said court. Any assistant municipal judge so appointed shall meet the qualifications of municipal judge as set forth herein. Such assistant municipal judge(s), if appointed by the municipal judge, shall be paid by the municipal judge for such service. In all instances, the mayor and council shall have the authority to remove any municipal judge or assistant municipal judge at their pleasure, with or without cause."
SECTION 2:
All provisions of the Charter of the City of LaGrange in conflict herewith are hereby repealed.
SECTION 3:
This Charter amendment, after adoption by the Council and upon approval by the Mayor, shall become effective upon a copy of same being filed with the Secretary of State of the State of Georgia and the Clerk of the Superior Court of Troup County, Georgia, all in accordance with O.C.G.A. 36-35-5.

_____________GEORGIA LAWS 2001 SESSION__________4717
INTRODUCED AND FIRST READING February 13, 2001
SECOND READING AND ADOPTED February 27, 2001
SUBMITTED TO MAYOR AND APPROVED February 27, 2001
BY:s/W. JeffLukken Mayor
ATTEST: s/ John Bell_____ Clerk
AFFIDAVIT OF PUBLISHER OF NEWSPAPER_____________
GEORGIA, TROUP COUNTY
Before me personally appeared Carla B. Jones who being duly sworn, depose and says that he is the Authorized Agent of The LaGrange Daily News, and that the same is a public gazette published in the city of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the Sheriffs sales of said County of Troup in said State.
Deponent further saith that the following notice attached hereto:
LEGAL NO. 3002 FEB. 9, 16,23,2001
NOTICE OF INTENT TO AMEND CHARTER OF THE CITY OF LAGRANGE
Notice is hereby given that the Mayor and Council of the City of LaGrange, Georgia have proposed and will consider an amendment to the City Charter modifying the appointment procedure for the office of municipal judge and assistant municipal judge. A copy of the proposed amendment is on file in the office of John W. Bell, City Clerk, and in the office of Jackie Ward Taylor, Clerk of the Superior Court of Troup County, Georgia, for the purpose of examination and inspection by the public.
This 6th day of February, 2001.
Jeffrey M. Todd LaGrange City Attorney Lewis, Taylor, Todd & Dixon, P.C. P.O.Box 1027

4718_______MUNICIPAL HOME RULE ORDINANCES__________
304 Church Street LaGrange, Georgia 30241 (706)882-2501
has been published in said LaGrange Daily News, to-wit:
2/9/2001, 2/16/2001, 2/23/2001.
being 3 publications of said notice and petition, issued on dates aforesaid respectively.
s/ Carla B. Jones___ Authorized Agent
Sworn and subscribed before me this 27 day of February 2001.
s/ Judy C. Phillips JUDY C. PHILLIPS NOTARY PUBLIC TROUP COUNTY STATE OF GEORGIA My Commission Expires July 4, 2013
Filed in the Office of the Secretary of State March 1, 2001.
CITY OF ALAMO - MUNICIPAL COURT; ESTABLISHMENT; JURISDICTION; JUDGES; PENALTIES.
ORDINANCE
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTION 14 AND SECTION 17 OF THE CHARTER OF THE CITY OF ALAMO AND REPEALING ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT THEREWITH:
It is ordained by the Mayor and Council of the City of Alamo, Georgia as follows:
SECTION I. AMENDMENT OF SECTION 14 OF CHARTER.
The Charter of the City of Alamo approved by Act of the Legislature of the State of Georgia in August, 1909 is hereby amended by striking in its entirety Section 14 thereof and substituting in lieu thereof the following:

_____________GEORGIA LAWS 2001 SESSION__________4719

"Section 14. Be it further enacted, that the mayor and council shall have the power to establish a Municipal Court for the trial and punishment of offenders of the ordinances and laws of the City of Alamo and those laws of the State of Georgia for which jurisdiction is conferred upon the City by the Constitution or the general laws of the State of Georgia; to appoint one or more judges of such court in accordance with the general laws of the State of Georgia and to provide compensation for such judges; to punish any such offender by fines and forfeitures not in excess of One Thousand Dollars ($1,000.00) or to impose a sentence of confinement not in excess of six (6) months, either or both; and to provide for any other alternative or probated sentencing allowed by the Constitution or the general laws of the State of Georgia."

SECTION II. AMENDMENT OF SECTION 17 OF CHARTER.

Section 17 of the Charter of the City of Alamo approved by Act of the Legislature of the State of Georgia in August, 1909 is hereby amended as follows:

A. By striking the phrase "justice of the peace" and substituting in lieu thereof the phrase "magistrate"; and

B. By striking the phrase at the end of such section which reads "by fine not exceeding one hundred dollars or imprisonment thirty days" and substituting in lieu thereof the phrase "by fines and forfeitures not in excess of One Thousand Dollars ($1,000.00) or to impose a sentence of confinement not in excess of six (6) months".

SECTION III. REPEAL.

This ordinance shall be cumulative of all other ordinances which may govern the subject matter hereof except to the extent that such ordinances or parts of ordinances are in conflict with the provisions of this ordinance. To the extent of any such conflict, such prior ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed.

SECTION III. EFFECTIVE DATE.

This ordinance shall take effect from and after the 7th day of February, 2000.

Attest:

s/ Debra Brownina_____ CITY CLERK

s/ Bobby Cox. Jr._______ MAYOR

4720________MUNICIPAL HOME RULE ORDINANCES________
CERTIFICATE
I certify that the foregoing is a true copy of an ordinance which was duly adopted at a regular meeting of the Mayor and Council of the City of Alamo on the 7th day of February, 2000, and is recorded with the minutes of such meeting and that such ordinance has not been rescinded. I further certify that Bobby Cox, Jr. is the duly elected Mayor, and I am the duly appointed Clerk for the City of Alamo.
s/ Debra Browning________ DEBRA BROWNING - CLERK
Sworn to and subscribed before me this 7th day of February, 2001.
s/ Ginger Purvis________ GINGER S. PURVIS Notary Public Wheeler County, Georgia My commission expires May 6, 2001
STATE OF GEORGIA COUNTY OF WHEELER
AFFIDAVIT
Personally appeared before me the undersigned officer duly authorized to administer oaths, DuBose Porter who after being duly sworn deposes and states that he is the Editor of The Wheeler County Eagle and that the attached advertisement was published in The Wheeler County Eagle, which is the official county organ on each of the following dates: January 12, January 19, January 26, 2000.
s/ DuBose Porter____ Editor, The Wheeler County Eagle
Sworn to and subscribed before me this 6th day of November, 2000.
s/ Marilyn Smith Knapp NOTARY PUBLIC My Commission Expires June 30, 2003.

_____________GEORGIA LAWS 2001 SESSION__________4721
PUBLIC NOTICE
The Mayor and Council of the City of Alamo have adopted an ordinance at their regular meeting on the 3rd day of January, 2000 to amend portions of the Charter of the City of Alamo so as to conform to the general laws of the State.
The ordinance adopted by the Mayor and Council provides as follows:
The Charter of the City of Alamo approved by Act of the Legislature of the State of Georgia in August, 1909 is hereby amended by striking in its entirety Section 14 thereof and substituting in lieu thereof the following:
"Section 14. Be it further enacted, that the mayor and council shall have the power to establish a Municipal Court for the trial and punishment of offenders of the ordinances and laws of the City of Alamo and those laws of the State of Georgia for which jurisdiction is conferred upon the City by the Constitution or the general laws of the State of Georgia; to appoint one or more judges of such court in accordance with the general laws of the State of Georgia and to provide compensation for such judges; to punish any such offender by fines and forfeitures not in excess of One Thousand Dollars ($1,000.00) or to impose a sentence of confinement not in excess of six (6) months, either or both; and to provide for any other alternative or probated sentencing allowed by the Constitution or the general laws of the State of Georgia."
Section 17 of the Charter of the City of Alamo approved by Act of the Legislature of the State of Georgia in August, 1909 is hereby amended as follows:
A. By striking the phrase "justice of the peace" and substituting in lieu thereof the phrase "magistrate"; and
B. By striking the phrase at the end of such section which reads "by fine not exceeding one hundred dollars or imprisonment thirty days" and substituting in lieu thereof the phrase "by fines and forfeitures not in excess of One Thousand Dollars ($1,000.00) or to impose a sentence of confinement not in excess of six (6) months".
A copy of the proposed amendment is on file in the Office of the Clerk of the City of Alamo at the City Hall and in the Office of the Clerk of the Superior Court of Wheeler County, Georgia for the purpose of examination and inspection by the public. The Clerk of the City of Alamo shall furnish to anyone, upon written request, a copy of the proposed amendment.
The final adoption of this ordinance shall be considered at the regular meeting of the Mayor and Council on the 7th day of February, 2000 at 7:00 o'clock p.m. at the City Hall in Alamo, Georgia. The public is invited to comment on this ordinance

4722_______MUNICIPAL HOME RULE ORDINANCES
and to attend the meeting at which final adoption shall be considered.
This 5th day of January, 2000.
Bobby Cox, Jr. Mayor, City of Alamo
Filed in the Office of the Secretary of State March 15, 2001.
CITY OF MCDONOUGH - MUNICIPAL COURT; PENALTIES.
STATE OF GEORGIA CITY OF MCDONOUGH
ORD. NO. 01-01-24B
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MCDONOUGH, GEORGIA, CHARTER, ARTICLE IV, MUNICIPAL COURT, SECTION 4.12, JURISDICTION; AND CHAPTER 1.08, GENERAL PENALTY, SECTION 1.08.010, GENERAL PENALTY TO MODIFY THE PENALTIES PROVIDED THEREIN; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES AND CHARTER PROVISIONS; TO PROVIDE AN ADOPTION DATE; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES ALLOWED BY LAW.
WHEREAS, the City of McDonough. Georgia is a duly incorporated municipal government;
WHEREAS, the duties and powers of the City of McDonough are set out in the City Charter;
WHEREAS, Article IV, Municipal Court, Section 4.12, Jurisdiction of the City Charter sets out the maximum penalties allowed in the City of McDonough for violations of the ordinances of the City;
WHEREAS, Chapter 1.08, General Penalty, Section 1.08.010 of the Code of Ordinances, City of McDonough, Georgia provides the general penalties for violation of all City ordinances;
WHEREAS, the duly elected governing authority of the City of McDonough, Georgia is authorized under Article 9, Section 2, Paragraph 2, and Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to govern the affairs of and to exercise home rule powers for the City of McDonough, Georgia;

_____________GEORGIA LAWS 2001 SESSION__________4723
WHEREAS, the duly elected governing authority of the City of McDonough, Georgia is the Mayor and Council thereof;
WHEREAS, Section 36-35-3(b)(l) of the Official Code of Georgia Annotated (O.C.G.A.) provides the governing authority power to adopt ordinances amending city charters pursuant to their home rule powers;
WHEREAS, Section 15-7-84 of the O.C.G.A. provides that unless a city charter sets a lower maximum punishments to be imposed for violations of municipal ordinances shall not exceed a fine of One Thousand and OO/100 Dollars ($ 1,000.00) and/or six (6) months imprisonment;
WHEREAS, Section 36-30-8 of the O.C.G.A. provides that a city may assign those convicted of ordinance violations to work gangs for time periods not to exceed thirty (30) days, and
WHEREAS, the governing authority desires to adopt an ordinance to modify the maximum punishments available for imposition for the violation of ordinances of the City of McDonough, Georgia and thereby amend Article IV, Municipal Court, Section 4.12, Jurisdiction of the Charter and Chapter 1.08, General Penalty, Section 1.08.010, General Penalty of the Code of Ordinances of McDonough, Georgia.
Be it Ordained by the Mayor and council of the City of McDonough and it is hereby ordained by authority thereof:
Section 1.
That Section 4.12, Jurisdiction, Article IV, Municipal Court, in the Charter of the City McDonough, Georgia of the Code of Ordinances, City of McDonough, Georgia, is hereby amended to read as follows:
" The Charter ... Article IV Municipal Court... Sec. 4.12. Jurisdiction
Sec. 4.12 Jurisdiction.
The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of One Thousand and 00/100 Dollars ($1,000.00), or imprisonmentfor not more than six (6) months or confinement at laborfor aperiod ofnot more than thirty (30) days or any or all ofthe above sentences or alternative sentencing as now or hereafter provided by law. The City is expressly authorized to contract with Henry County for the detention of City prisoners. "

4724_______MUNICIPAL HOME RULE ORDINANCES_________
Section 2.
That Section 1.08.010, General Penalty, Chapter 1.08, General Penalty of the code of Ordinances, City of McDonough, Georgia, is hereby amended to read as follows:
" Chapter 1.08 GENERAL PENALTY... 1.08.010 General penalty.
Whenever in this code or in any ordinance of the city and any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specificpenalty is provided therefor, such violation ofany such provision of this code or any ordinance shall be punishable by a fine not exceeding one thousand dollars ($1,000.00), by sentence of imprisonment for a period not to exceed six (6) months, or to be confined at laborfor a period ofnot more than thirty (30) days or any or all ofthe above sentences or such alternative sentencing as now or hereafter provide by law in the discretion of (he recorder. "
Section 4.
The sections, paragraphs sentences clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.
Section 5.
Penalties, if applicable, for violation of this Ordinance are found under Sections 1 and 2 hereinabove and are reincorporated here by reference.
Section 6.
All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.
Section 7.
The adoption date of this Ordinance is January 24, 2001.
Section 8.
The effective date of this Ordinance shall be January 24, 2001.

_____________GEORGIA LAWS 2001 SESSION__________4725

SO ORDAINED this 24th day of January, 2001.

CITY OF MCDONOUGH, GEORGIA

s. Richard Craig_______ RICHARD CRAIG, Mayor

ATTEST:

s/ Evelyn Craig________ EVELYN CRAIG, City Clerk

APPROVED AS TO FORM:

s/ Steven M. Fincher_____ STEVEN M. FINCHER, City Attorney

CERTIFICATION

I hereby certify that I am an officer of the public entity shown below and that I hold the title indicated. The __ pages attached hereto are true, correct and accurate copies of the original document maintained in my office, under my custodial supervision.

[SEAL]

s/ Daphne Wilkerson___________ Acting City Clerk, City of McDonough

Sworn to and subscribed before me this 16 day of March, 2001.

s/ Dianne McLendon Notary Public, Henry County, Georgia My Commission Expires June 17, 2001.

AFFIDAVIT OF Linda Brooks

PERSONALLY APPEARED before me, Linda Brooks, who being duly sworn, deposes and states that he/she is over the age of twenty-one (21) yeas, and is competent to make this Affidavit, and that the facts contained herein are based upon his/her personal knowledge and are true and correct.

1.

I am a duly authorized representative of the Daily Herald newspaper.

4726_______MUNICIPAL HOME RULE ORDINANCES________
2.
As a duly authorized representative of Daily Herald newspaper I hereby state that a notice of a Charter Amendment was published in the Daily Herald as provided under O.C.G.A. 36-35-3 and 36-35-5 also known as Chapter 35 of Title 36 of the O.C.G.A.
s/ Linda Brooks Authorized Representative
Subscribed to and sworn before me on this 16 day of March, 2001.
s/ Katherine A. Case Notary Public My Commission Expires October 4, 2003
MISCELLANEOUS
STATE OF GEORGIA CITY OF MCDONOUGH COUNTY OF HENRY
NOTICE IS HEREBY GIVEN that two (2) public hearings shall be held at City of McDonough City Hall, 88 Keys Ferry Street, McDonough, Georgia 30253 on January 8,2001 at 4:00 p.m. and January 16,2001, at 7:00 p.m. for the purposes of considering an ordinance which would amend the Charter of the City of McDonough Georgia, Section 4.12, Jurisdiction and the Code of Ordinances, City of McDonough, Georgia, Section 1.08.010, General Penalty, to modify the maximum fines and punishments allowed under the City Charter and Ordinances to match the maximum fines and punishments allowed by Georgia Law to be imposed for violations of municipal ordinances.
A complete copy of the proposed amendment is on file in the office of the Clerk of McDonough, Georgia and in the office of the Clerk of the Superior Court of Henry County for the purpose of examination and inspection by the public.
CITY OF MCDONOUGH, GEORGIA EVELYN CRAIG, City Clerk Dec. 8, 15,22,2000-4522

_____________GEORGIA LAWS 2001 SESSION__________4727
AFFIDAVIT OF Linda Brooks
PERSONALLY APPEARED before me, Linda Brooks, who being duly sworn, deposes and states that he/she is over the age of twenty-one (21) yeas, and is competent to make this Affidavit, and that the facts contained herein are based upon his/her personal knowledge and are true and correct.
1.
I am a duly authorized representative of the Daily Herald newspaper.
2.
As a duly authorized representative of Daily Herald newspaper I hereby state that a notice of a Charter Amendment was published in the Daily Herald as provided under O.C.G.A. 36-35-3 and 36-35-5 also known as Chapter 35 of Title 36 of the O.C.G.A.
s/ Linda Brooks_______ Authorized Representative
Subscribed to and sworn before me on this 2 day of April, 2001.
s/ Katherine A. Case Notary Public My Commission Expires October 4, 2003
MISCELLANEOUS
STATE OF GEORGIA CITY OF MCDONOUGH COUNTY OF HENRY
NOTICE IS HEREBY GIVEN that two (2) public hearings shall be held at City of McDonough City Hall, 88 Keys Ferry Street, McDonough, Georgia 30253 on January 8,2001 at 4:00 p.m. and January 16,2001, at 7:00 p.m. for the purposes of considering an ordinance which would amend the Charter of the City of McDonough Georgia, Section 4.12, Jurisdiction and the Code of Ordinances, City of McDonough, Georgia, Section 1.08.010, General Penalty, to modify the maximum fines and punishments allowed under the City Charter and Ordinances to match the maximum fines and punishments allowed by Georgia Law to be imposed for violations of municipal ordinances.

4728_______MUNICIPAL HOME RULE ORDINANCES________
A complete copy of the proposed amendment is on file in the office of the Clerk of McDonough, Georgia and in the office of the Clerk of the Superior Court of Henry County for the purpose of examination and inspection by the public.
CITY OF MCDONOUGH, GEORGIA EVELYN CRAIG, City Clerk Dec. 8, 15,22,2000-4522
Filed in the Office of the Secretary of State March 27, 2001.

DISSOLUTION OF THE
TOWN OF BIBB CITY

_____________GEORGIA LAWS 2001 SESSION__________4731
Editor's note. - The following material relating to the dissolution of the Town of Bibb City has been submitted to the Office of Legislative Counsel pursuant to Code Section 36-30-7.1 of the Official Code of Georgia Annotated. In addition to this material, please see Act No. 36, House Bill No. 205, Ga. L. 2001, p. 3592, abolishing the Town of Bibb City and repealing the charter of the town.
Columbus, Georgia Georgia's First Consolidated Government
Post Office Box 1340 Columbus, Georgia 31902-1340
(706) 653-4024
December 19,2000
Honorable Cathy Cox Georgia Secretary of State State Capitol, Suite 214 Atlanta, Georgia 30334
Dear Madam Secretary:
Pursuant to the provisions of the O.C.G.A. 36-30-7.1, the Town of Bibb City in Muscogee County has, effective January 1, 2001, repealed its charter and deactivated itself. The Consolidated Government of Columbus, Georgia has acknowledged this action of the governing authority of Bibb City and has been advised that the Subparagraph (g) ofthe cited statute provides that upon termination "all assets, property, and legal rights and obligations of the municipal corporation or local authority shall devolve by operation of law upon the governing authority of the county in which the legal situs of the municipal corporation or local authority was located." Documentation for these actions of the governing authorities of Bibb City and Columbus or Muscogee County is enclosed: the Clerk of the Columbus Council has received and has certified Resolutions 12-7-001 and 12-7-002 of Bibb City dated December 7,2000 which were delivered to the Columbus Council at its December 12, 2000 meeting, and copies of said Resolutions as well as a copy of pages 667-670 of the December 12 minutes of the Columbus Council record the transaction.
Although the dissolution of Bibb City occurs by action of its governing authority rather than by an action for declaratory judgment filed in accordance with Subsection (j) of O.C.G.A. 36-30-7.1, said Subsection (j) requires that notice of dissolution of the municipal corporation be made to the Secretary of State and to the Legislative Counsel by filing a copy of a court judgment with them. Accordingly, this office is providing you with similar notice, and a comparable letter is also being transmitted simultaneously to the Legislative Counsel. Perhaps

4732

TOWN OF BIBB CITY

some publication in the annual session laws would be appropriate as was done in 2000 Ga. L. 4851 recording the dissolution of the City of Mineral Bluff by the Superior Court of Fannin County.

Although the Charter of Bibb City is not recorded in the Georgia Laws, its incorporation is recorded in the 1909 Civil Minutes of the Superior Court of Muscogee County where the Petition for a Charter at the August term was granted for the Town of Bibb City. Reference to Bibb City appears in the Charter of Columbus, Georgia recorded at 1993 Ga. L. 4978. Section 1-100 of the Columbus Charter notes that Bibb City was not a political subdivision that participated in the consolidation process, nor was it included in the annexation process that extended the former annexed areas of the old City of Columbus to the county lines. According to Section 1-104 of the Columbus Charter, any incorporated municipality, i.e. Bibb City, other than the City of Columbus, located within Muscogee County at the time of consolidation, continued to exist in the same relationship to Muscogee County and to the City of Columbus as it had existed prior to consolidation, i.e., as a municipality outside of the old municipality of Columbus but as a municipality which is a part of Muscogee County.

In corresponding to the Legislative Counsel so as to convey to him the foregoing information, his examination of the current Columbus Charter is invited. He might recommend that the General Assembly enact an amendment to the Charter that recognizes the deactivation of Bibb City. Such an amendment could perhaps provide the publication of notice contemplated by O.C.G.A. 36-30-7.1 (j). The following sentence added to the end of the present text of Section 1-100 of the Columbus Charter is suggested as a possible amendment: "As of January 1, 2001, the Town of Bibb City, which on December 7,2000, deactivated itself as a separate municipality under the provisions of O.C.G.A. 36-30-7.1, is merged into the political entity created by the consolidation of the City of Columbus and Muscogee County, and said Bibb City is hereby annexed as a part of the City of Columbus which is consolidated with Muscogee County under a single government." If such a sentence is added to Section 1-100, Section 1-104 could be repealed because no other municipalities now exist in Muscogee County.

Respectfully,

s/E. H. POLLEYS, JR. E. H. Polleys, Jr. City Attorney
EHPjr./eh
cc: Honorable Thomas B. Buck, Representative, District 135, Georgia House of Representatives

__________GEORGIA LAWS 2001 SESSION_________4733
STATE OF GEORGIA MUSCOGEE COUNTY COLUMBUS, GEORGIA
I, TINY B. WASHINGTON, DO HEREBY CERTIFY THAT I AM THE DULY APPOINTED CLERK OF THE COUNCIL OF COLUMBUS, GEORGIA, AND THAT I AM, AS SUCH, THE OFFICIAL CUSTODIAN OF THE OFFICIAL RECORDS OF SAID COUNCIL, ORDINANCES, RESOLUTIONS AND MINUTES AND ITS PREDECESSORS GOVERNMENTS.
I FURTHER CERTIFY THAT THE ATTACHED One PAGE(S) IS A TRUE AND CORRECT COPY OF RESOLUTION NUMBER 12-7-001 FROM THE TOWN OF BIBB CITY, REQUESTING THAT THEY BE ALLOWED TO VOLUNTARILY SURRENDER THEIR CHARTER OF BIBB CITY.
WITNESS MY OFFICIAL SIGNATURE AS CLERK OF COUNCIL OF THE COUNCIL OF COLUMBUS, GEORGIA UNDER THE SEAL OF COLUMBUS, GEORGIA, THIS THE 13TH DAY OF DECEMBER. 2000.
s/TINY B. WASHINGTON TINY B. WASHINGTON, CMC CLERK OF COUNCIL COUNCIL OF COLUMBUS, GA

Resolution Number 12-7-001

Whereas, the Mayor and Council of the Town of Bibb City, Muscogee County, Georgia, Operating as a Municipal Corporation in Muscogee County, Georgia, do hereby request that the State of Georgia allow the Town of Bibb City to voluntarily surrender the City Charter of Bibb City, Muscogee County, Georgia.

Whereas, the Town of Bibb City, Muscogee County, Georgia, finds itself unable to prepare a budget for the year 2001, due to the lack of projected revenue for the year 2001. Due to this lack of funds, the Town of Bibb City will be unable to fund the services needed by its citizens, and that is required by Georgia State law.

Signed: s/THOMAS L. BAILEY

Date: 12-7-00

Thomas L. Bailey/Mayor

Attested: s/JAMES L. MILLIRONS

Date: 12-7-00

James L. Millirons/Chief of Police

4734

TOWN OF BIBB CITY

Mayor pro-tern James Floyd Councilor J. T. Givens Councilor Tommy S. Barron, Jr. Councilor Ronald Golden Councilor Arie "Cissy" King

s/ YES s /YES s/ YES s/ YES s/ YES

STATE OF GEORGIA MUSCOGEE COUNTY COLUMBUS, GEORGIA

I, TINY B. WASHINGTON, DO HEREBY CERTIFY THAT I AM THE DULY APPOINTED CLERK OF THE COUNCIL OF COLUMBUS, GEORGIA, AND THAT I AM, AS SUCH, THE OFFICIAL CUSTODIAN OF THE OFFICIAL RECORDS OF SAID COUNCIL, ORDINANCES, RESOLUTIONS AND MINUTES AND ITS PREDECESSORS GOVERNMENTS.
I FURTHER CERTIFY THAT THE ATTACHED One PAGE(S) IS A TRUE AND CORRECT COPY OF RESOLUTION NUMBER 12-7-002 FROM THE TOWN OF BIBB CITY, ACKNOWLEDGING THAT THEY HAVE REQUESTED THAT THEY BE ALLOWED TO VOLUNTARILY SURRENDER THEIR CHARTER OF BIBB CITY, AND FURTHER REQUESTING THAT THE CONSOLIDATED GOVERNMENT OF COLUMBUS, GEORGIA, MUSCOGEE COUNTY, ASSUME THE RESPONSIBILITIES FOR ANY AND ALL MUNICIPAL SERVICES TO THE TOWN OF BIBB CITY AND ITS CITIZENS.

WITNESS MY OFFICIAL SIGNATURE AS CLERK OF COUNCIL OF THE COUNCIL OF COLUMBUS, GEORGIA UNDER THE SEAL OF COLUMBUS, GEORGIA, THIS THE 13TH DAY OF DECEMBER. 2000.

s/TINY B. WASHINGTON TINY B. WASHINGTON, CMC CLERK OF COUNCIL COUNCIL OF COLUMBUS, GA

Resolution Number 12-7-002
Whereas, the Town of Bibb City, Muscogee County, Georgia, has requested that the State of Georgia allow the Town of Bibb City, Muscogee County, Georgia to voluntarily surrender its City Charter to the State, the Mayor and Council of Bibb City, Muscogee County, Georgia respectfully requests the Consolidated Government of Columbus, Muscogee County, Georgia to assist the Town of Bibb City and its citizens, by assuming responsibility for any and all municipal services to the Town of Bibb City, and its citizens.

_____________GEORGIA LAWS 2001 SESSION__________4735

Whereas, the Town of Bibb City, Muscogee County, Georgia, and the Consolidated Government of Columbus, Muscogee County, Georgia are both located in the same county, the Mayor and Council of Bibb City, Muscogee County, Georgia feel that this is a reasonable and appropriate request.

Signed: s/THOMAS L. BAILEY Thomas L. Bailey/Mayor

Date: 12-7-00

Attest: s/JAMES L. MILLIONS

Date: 12-7-00

James L. Millirons/Chief of Police

Mayor pro-tern James Floyd Councilor Tommy S. Barron, Jr. Councilor J. T. Givens Councilor Ronald Golden Councilor Arie "Cissy" King

s/ YES s/ YES s/ YES s/ YES s/ YES

Columbus Council Minutes December 12, 2000 Pages 667 - 670
BIBB CITY:
Mayor Peters said we have Mayor Tom Bailey of Bibb City and Mr. Jerry Evans, Director of Economic Development for Bibb City present with us here this morning. He said they have been talking with us and have asked that effective, January 1, 2001, the City of Columbus take over the services that they currently provide for their City.
He said in 1909,45 citizens went up to Bibb Mill and voted to incorporate a new City, Bibb City, and since that time, Bibb City has been a thriving community, but said since the mill has closed, it has been a difficult time on the administration of Bibb City. He said because of that, their budget runs from December to December each year; therefore, their budget will be running out at the end of this year, and said they will not be doing another budget. He said we have kept a low profile from the City's standpoint; until, they actually took action with their City Council to formally request by resolution, to dissolve their City and give up their Charter, then they would bring it before us and ask us to incorporate.
Mayor Peters said they have done that and are here today to present the City of Columbus with a resolution, stating that they will give up their Charter. He said we have done some research with our City Attorney, the State of Georgia, Georgia

4736

TOWN OF BIBB CITY

Municipal Association and are getting different opinions on whether or not, since they were incorporated by a declaratory judgement of Superior Court in 1909, and not by the Legislature as most cities are, on whether or not they have to go back to Superior Court, or does it have to go up to the Legislature or just by taking action themselves, does that dissolve their Charter. He said for all intense purposes, it is irrelevant because they have dissolved and have given up their Charter, effective December 31, 2000; therefore, the City of Columbus, will be picking up their services, police services, fire services and garbage, all the services that the other citizens of Columbus enjoy.
He said we know that this is a very emotional time for the citizens of Bibb City and difficult to give up a City Charter, but said we hope that the transition will be smooth and that the citizens will see an invisible transition and not suffer in any way for the services.
Mayor Tom Bailey of Bibb City said they appreciate the Council's assistance in working with them and will continue to work with them through this process. He said this has been hard, but they feel that this is the best for their citizens of Bibb City, and most of them do understand it. He said they are here this morning to present the resolution to the Council, and then read the following two resolutions in their entirety.

Resolution Number 12-7-001
Whereas, the Mayor and Council of the Town of Bibb City, Muscogee County, Georgia, Operating as a Municipal Corporation in Muscogee County, Georgia, do hereby request that the State of Georgia allow the Town of Bibb City to voluntarily surrender the City Charter of Bibb City, Muscogee County, Georgia.
Whereas, the Town of Bibb City, Muscogee County, Georgia, finds itself unable to prepare a budget for the year 2001, due to the lack of projected revenue for the year 2001. Due to this lack of funds, the Town of Bibb City will be unable to fund the services needed by its citizens, and that is required by Georgia State law.
Signed: Thomas L. Bailey, Mayor Attest: James L. Millirons, Chief of Police
Mayor Peters said we will take the resolution just read by Mayor Bailey, along with the minutes from today's meeting and send them to the Department of Community Affairs and request that, Bibb City still remain the title Bibb City, as a Township, as well as ask our Legislative Delegation in Atlanta to research this matter and see what would be the best course of action to take, to either do a declaratory judgement or send a request to the Legislature. He said we don't want to wait until February or March and then you'll go without services during that time

_____________GEORGIA LAWS 2001 SESSION__________4737
period, and said the Council will need to step up to the plate and say, we will continue the services.
He said Bibb City will be picking up three councilors, with Councilor McDaniel who represents the Bibb City area, as well as the two city-wide councilors, who will be a part of the transition team.
Resolution Number 12-7-002
Whereas, the Town of Bibb City, Muscogee County, Georgia, has requested that the State of Georgia allow the Town of Bibb City, Muscogee County, Georgia to voluntarily surrender its City Charter to the State, the Mayor and Council of Bibb City, Muscogee County, Georgia respectfully requests the Consolidated Government of Columbus, Georgia, Muscogee County, Georgia to assist the Town of Bibb City and its citizens, by assuming responsibility for any and all municipal services to the Town of Bibb City, and its citizens.
Whereas, the Town of Bibb City, Muscogee County, Georgia, and the Consolidated Government of Columbus, Muscogee County, Georgia are both located in the same county, the Mayor and Council of Bibb City, Muscogee County, Georgia feels that this is a reasonable and appropriate request.
Signed: Thomas L. Bailey, Mayor Attest: James L. Millirons, Chief of Police
Councilor McDaniel then made a motion to accept the request of Bibb City. Seconded by Councilors Woodson and Poydasheff.
Councilor Turner Pugh said her only concern is that this will be effective on January 1,2001, with the provision that it is sent to the State Legislators, along with any other legal binding agreements that has to be changed.
Mayor Peters said our City attorney has said that under Title 36, it is basically automatic that once they give up their Charter, since they are in Muscogee County that we automatically assume the responsibility and liabilities, and the good goes with the bad. He said GMA has a different version on that, but said either way it is going to happen, effective January 1.
Mr. Jerry Evans, Director of Economic Development for Bibb City said he would like to apologize to the Mayor and Council and said that they should have come before this Mayor and Council earlier, but said that this was not an easy decision on the part of their government. He said they didn't have any choice but to come to you, because once their funds ran out their options ran out. He also acknowledged Mr. James Floyd, Mayor Pro Tern, who was also present in the

4738

TOWN OF BIBB CITY

audience this morning. He said Mr. Floyd has worked extremely hard on this matter.

Mayor Peters said he understands that this has not been easy for Bibb City and their citizens, and said the main thing is that we want to have a smooth transition and that everyone is treated with dignity and respect, and is what we intend to do. He said City Manager Cavezza has some good ideas about upgrading some areas that you feel like needed to be addressed immediately. He said we will deal with all of those issues.

After continued discussion on this matter, Councilor Poydasheff then seconded Councilor Turner Pugh's amendment and asked that the question be called on the motion, as amended. The question was then called on the motion, which carried unanimously by those ten members of Council present for this meeting.

City Manager Cavezza said the staff will be meeting on tomorrow to talk about some details and that we will be getting together with those officials of Bibb City.

Mayor Peters said that the garbage fee in Bibb City has always been $7.00, but here in Columbus, the garbage fee is $ 12.50 and said other than that we don't know of any disparities there. He said we have been asked if there will be a special fee assessed to pay off the debt, this loan to the bank, and said we have consistently said no. He said we don't know what the property tax situation is, but said we will get into it and said there are a lot unanswered questions that we don't know at this point. He said there will not be an attempt to go up there and raise everyone's property taxes, and said we want them to be treated the same way and the same status as every other citizen in Muscogee County.

Mr. Evans said that they have tried to present it to the citizens as best they could, but said its going to be hard for them to accept change. He said he thinks it will be the best thing in the end, and as far as they were concerned there was never any doubt about it, because they had the Service Delivery Strategy, which all other issues were null and void.

He said he just wants everyone to know that they did come to Columbus a few months back and asked for you all to try to help us find a way out of this, but said there was just no legal way to get out of it. He said this is just the end result of something that has been coming a long time, because when Bibb Mill shut down, it was between 80 - 90% of their taxable income. He said there is no way to make up that kind of money.

Speaking to Mayor Bailey and Mr. Evans, City Attorney Polleys said he would recommend that the Clerk of Council of Columbus, be allowed to certify these two resolutions, because he is going to recommend that we send this to the Secretary of State, as well as the Legislative Counsel, pursuant to the Stature. He said we can

_____________GEORGIA LAWS 2001 SESSION__________4739
also send it to the Department of Community Affairs as well.
Columbus, Georgia Georgia's First Consolidated Government
Post Office Box 1340 Columbus, Georgia 31902-1340
(706) 653-4024
Honorable Sewell R. Brumby Legislative Counsel 316 State Capitol Atlanta, Georgia 30334
Dear Mr. Brumby:
As a follow-up to the letter from City Attorney E. H. Polleys, Jr. dated December 19, 2000 concerning the deactivation of the Town of Bibb City, Georgia, please find enclosed for your file a copy of an Order entered on January 2, 2001 by the Muscogee County Superior Court.
Thank you for your consideration of this matter and please let us know if you need any further information.
Sincerely,
s/CLIFTON C. FAY Clifton C. Fay Assistant Ciy Attorney
CCF/eh
cc: Honorable Thomas B. Buck, Representative, III, District 135

4740

TOWN OF BIBB CITY

IN THE SUPERIOR COURT OF MUSCOGEE COUNTY STATE OF GEORGIA

IN THE MATTER OF THE TOWN OF BIBB CITY

ORDER

Effective January 1, 2001, the Town of Bibb City, Georgia has voluntarily repealed its Charter and deactivated itself as a municipality under Georgia law. Resolutions from the Town of Bibb City Numbered 12-7-001 and 12-7-002 have been filed with the Clerk of Council of Columbus, Georgia and indicates such a deactivation effective January 1, 2001. Notice of such deactivation has been forwarded to the Legislative Counsel to the Georgia General Assembly and to the Georgia Secretary of State by the City Attorney of Columbus, Georgia. To assure an orderly transition for the former Town of Bibb City to be absorbed by the Consolidated Government of Columbus, Georgia, the Muscogee County Sheriff is hereby authorized to assume custody of all property, records, money and any other official documents kept by the former Town of Bibb City and the Muscogee County Sheriff is hereby authorized to continue to perform law enforcement duties in the territory of the former Town of Bibb City.
SO ORDERED this 2nd day of January, 2001.

s/WILLIAM J. SMITH WILLIAM J. SMITH JUDGE OF SUPERIOR COURT