LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 2002 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE Volume Two Book Two COMPILER'S NOTE General Acts and Resolutions of the 2002 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. Amendments to the Constitution of the State of Georgia proposed in the 2002 session will be found in Volume I beginning at page 1495. 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 October 15, 2001, and April 15, 2002, are printed in Volume II beginning at pages 5889 and 5901, respectively. There are no numbered pages between page 1505, 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 and II have each been divided into two books due to 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 state auditor's report on funding of retirement bills; 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 2002 TABLE OF CONTENTS VOLUME ONE Acts and Resolutions of General Application ........................ 1 Proposed Amendments to the Constitution ......................... 1495 VOLUME TWO Acts and Resolutions of Local Application ........................... 3501 County and Consolidated Government Home Rule Actions .............. 5889 Municipal Home Rule Actions .................................... 5901 Town of Lithia Springs; court order and resolutions concerning dissolution ................................................... 5985 Town of Resthaven; court order and resolutions concerning dissolution .... 5991 VOLUME THREE Acts by Numbers-Page References ..................................... I Bills and Resolutions-Act Number References ......................... VII Appellate Courts-Personnel........................................ XV Superior Courts-Personnel and Calendars ............................ XVI Index-Tabular ................................................ XXXI Index-General ................................................ LXXV Population of Georgia Counties-Alphabetically ................. CLXXXVII Population of Georgia Counties-Numerically ....................... CXCIV Population of Municipalities-Alphabetically ........................ CXCIX Population of Municipalities-Numerically .......................... CCVI Population of Judicial Circuits ................................... CCXIII Georgia Senate Districts, Alphabetically by County ................. CCXVII Georgia Senators, Alphabetically by Name ......................... CCXX Georgia Senators, Numerically by District ....................... CCXXIV Georgia House Districts, Alphabetically by County ............... CCXXVIII Georgia Representatives, Alphabetically by Name ................. CCXXXI Georgia Representatives, Numerically by District .................... CLXL Status of Referendum Elections ................................. CCXLLX Vetoes by the Governor ..................................... CDXXXV State Auditor's Report on Funding of Retirement Bills.............. CDXLVII __________GEORGIA LAWS 2002 SESSION__________4757 CITY OF LILBURN - NEW CHARTER. No. 621 (House Bill No. 1272). AN ACT To provide a new charter for the City of Lilburn; 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 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 ofcertiorari; 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 effective dates; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. 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 of Lilburn, Georgia, and by that name shall have perpetual succession. 4758 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 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 city clerk and to be designated, as the case may be: "Official Map (or Description) of the Corporate Limits of the City of Lilbum, Georgia." Photographic, typed, or other copies of such map or description certified by the city 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. 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 by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE A. Creation. SECTION 2.10. City council creation; number; election. The legislative authority of the government of this city, except as otherwise ____________GEORGIA LAWS 2002 SESSION__________4759 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. B. Terms and qualifications for office. SECTION 2.11. Mayor and 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 council member unless that person shall have been a resident of the city for 12 months prior to the date of election of the mayor or members ofthe 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. C. Vacancies in office. SECTION 2.12. Vacancy; filling of vacancies. (a) Vacancies - The office of mayor or council member 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 council member shall be filled for the remainder of the unexpired term, if any, by appointment by the mayor and/or 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 of the O.C.G.A., or other such laws as are or may hereafter be enacted. D. Compensation and expenses. SECTION 2.13. Compensation and expenses. The mayor and council members shall receive compensation and expenses for their services as provided by ordinance. 4760 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II E. Prohibitions. 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 council member 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 or sign any ordinance, resolution, contract or other matter in which that person is financially interested. F. Inquiries and investigations. 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. G. General power and authority. 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. H. Eminent domain. 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, ____________GEORGIA LAWS 2002 SESSION__________4761 passive recreational and greenspace, 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 on the second Monday of each January following an election. The meeting shall be called to order by the mayor 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)(council member) of this city and that I will support and defend the charter thereof as well as the constitution and laws of the State of Georgia and of the United States of America. I do further solemnly swear and affirm that I am not the holder of any unaccounted for public money due this State 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, by the laws ofthe State ofGeorgia I am prohibited from holding; that I am otherwise qualified to hold said office, according to the Constitution and Laws of Georgia, and that I will support the Constitution of the United States and of this State." 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 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 such applicable laws as are or may hereafter be enacted. 4762 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II B. Procedures. 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 city council and serve at the pleasure ofthe city council. The city council shall have the power to appoint new members to any committee at any time. (c) The city council, by majority vote, shall assign from among its members policy responsibility for the various operating departments of the city. (d) The city council shall instruct the city manager on matters of importance for any department or other duties which the city council has assigned that councilmember responsibility. SECTION 2.21. Quorum: voting. The mayor, or mayor pro tempore, and two members of the council shall constitute a quorum for the transaction of any business before the council; on all questions before the city council, the mayor, or mayor pro tempore, if he or she be presiding, shall be entitled to vote only in case of a tie or in case only one vote is needed to pass any motion, resolution, ordinance or other question before the council. No motion, resolution, ordinance or other question before the council shall pass unless a majority of the members, including the mayor or mayor pro tempore, if he or she be presiding, votes for the same, and unless the said motion, resolution, ordinance or question receives at least three affirmative votes. C. Ordinances. SECTION 2.22. Ordinance form; procedures. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The mayor and council of the City of Lilburn hereby ordains..." and every ordinance shall so begin. (b) An ordinance may be introduced by any member of the council and be read at a regular or special meeting of the city council. This reading may be accomplished by the reading of the caption. 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. Either the mayor or any ____________GEORGIA LAWS 2002 SESSION__________4763 council member or council members may request that consideration of any proposed ordinance be delayed until the next regularly scheduled meeting of the governing authority. Said request need not be accompanied by any explanation or reason and shall automatically be delayed until the next regularly scheduling meeting of the governing authority without the necessity of said delay being approved or voted on by the governing authority. The delay of said consideration shall not be further postponed except by vote of the governing authority. Upon introduction of any ordinance, the clerk shall, as soon as reasonable, distribute a copy to the mayor and to each council member and shall file a reasonable number ofcopies in the office ofthe clerk and at such other public places as the city council may designate. SECTION 2.23. Action requiring an ordinance. In addition to other acts required by general state law or by specific provisions of this charter to be done by ordinances, acts of the council which have the force and effect of law shall be done 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 ofthe mayor or one councilmember 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 council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (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. 4764 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 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. 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 Lilburn, Georgia." Copies of the code shall be available 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 ofthe 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 ofany current changes in or additions to codes oftechnical regulations and other rules and regulations included 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 the manager's compensation. The manager shall be appointed solely on the basis of ____________GEORGIA LAWS 2002 SESSION_________4765 executive and administrative qualifications. SECTION 2.28. Removal of city manager. The city manager is employed at will and may be summarily removed from office at any time by the city council. SECTION 2.29. Acting city manager. The city council may designate a qualified city administrative officer to exercise the powers and perform the duties ofmanager during the manager's temporary absence or physical or mental disability. The city council may elect to assume these responsibilities depending on the length of absence of the city manager. SECTION 2.30. Powers and duties of the city manager. The city manager shall be the chiefexecutive and administrative officer ofthe city. The manager shall be responsible to the city council for the administration of all city affairs placed in the manager's charge under this charter. As the chief executive and administrative officer, the manager shall perform such duties as may be required by the city council and/or required by city ordinance. SECTION 2.31. 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 council members. The compensation of the mayor shall be established in the same manner as for council members. SECTION 2.32. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council. Cast the deciding vote in any instance where the council vote is tied, or where one vote is needed to pass any motion, resolution, ordinance or other question before the council; (2) Have power to administer oaths and to take affidavits; 4766 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (3) 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; (4) Recommend to the city such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (5) 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; (6) Prepare, or have prepared, an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmembers, the city manager and the city attorney; (7) Shall instruct the city manager on matters of importance for any department which the city council has assigned the mayor responsibility or on any matters of importance to the city council; (8) Perform such other duties as may be required by law, this charter, or by ordinance. SECTION 2.33. Mayor pro tempore. The council shall elect by majority vote from among its members a mayor pro tempore. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore, or in the mayor pro tempore's absence or disability for any reason, any one of the council members 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 long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all council members. The mayor pro tempore or selected council member shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14. 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. ____________GEORGIA LAWS 2002 SESSION_________4767 (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 appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There may be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointive 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, 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 ofthe 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 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 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 ofthe 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 4768 LOCAL AND SPECIAL ACTS AND RESOLUTIONS. VOL. II 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 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 council member. 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 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 of Lilburn, Georgia, and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall increase or decrease the salary range applicable to any position by amendment of such pay plan. For purposes of this 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. 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 position classification and pay plan, methods of promotion and application of service ratings thereto and transfer of employees ___________GEORGIA LAWS 2002 SESSION_________4769 within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay and the order and manner in which layoffs shall be effected; and (4) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the city. 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 Lilburn. 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, shall be a resident of Gwinnett County, 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. (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 mat 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 4770 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 for each offense committed 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 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 state courts for violations of state law. (e) The municipal court shall have authority to establish bond 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 ofpersons charged with violations. Whenever any person shall give bond 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 ofajudge ofthe Superior Court ofGwinnett County under the laws ofthe State of Georgia regulating the granting and issuance of writs of certiorari. ____________GEORGIA LAWS 2002 SESSION_________4771 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 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., the "Georgia Election Code," as now or hereafter amended. B. Election of officers. SECTION 5.11. Regular elections; time for holding. The city council shall cause an election to be held at the city hall or such other place in the city as the council shall direct and designate on the Tuesday next following the first Monday in November, 1989, and on such day biennially thereafter. All elections and notice thereof shall in all respects be held in compliance with Chapter 3 of Title 21 of the O.C.G.A. The mayor and council members shall be elected pursuant to Code Section 21-2-541.1 of the O.C.G.A. The terms of office of the mayor and two council persons whose terms of office would normally expire at the first organizational meeting in January, 1990, shall expire on December 31,1989. The terms of office of the two council persons whose terms of office would normally expire at the first organizational meeting in January 1992, shall expire on December 31, 1991. The mayor and each member of the council elected pursuant to the Act shall be elected for a term of office of four years and until his or her successor is elected and qualified and shall take office on the first day of January immediately following his or her election. 4772 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 5.12. Qualifying; nomination of candidates; absentee ballots. By ordinance the city council may prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of elections in the city. SECTION 5.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. SECTION 5.14. Election by plurality. The person receiving a plurality of the votes cast for any city office shall be elected. C. Vacancies. SECTION 5.15. Special elections; vacancies. In the event that the office of mayor or council member 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 ofthe 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. D. Other provisions. SECTION 5.16. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. ____________GEORGIA LAWS 2002 SESSION__________4773 SECTION 5.17. Removal of officers. (a) The mayor, council members, 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 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. Removal may be accomplished by three-fifths' vote of entire council. 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 Gwinnett 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 ofthe Superior Court of Gwinnett County following a hearing on a complaint seeking such removal brought by any resident of the City of Lilburn. (3) By a recall election. A recall of an incumbent of an elective office shall be initiated upon a written request to that effect signed by at least 30 percent of the registered voters eligible to vote for such office in the last preceding general municipal election. The council shall prescribe rules and regulations governing the initiation and preparation of such written request and the procedures for holding the recall election. SECTION 5.18. Organization of council. The new council members shall be sworn in by the city attorney and the oath of office shall be administered to the newly elected members as follows: "I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or Council Member as the case may be) of the City of Lilburn, Georgia, 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. I do further solemnly swear and affirm that I am not the holder of any unaccounted for public money due this State or any political subdivision or authority thereof; that I am not the holder of any office oftrust under the government ofthe United States, any other state, or any foreign state which, by the laws of the State of Georgia I am prohibited from holding; that I am otherwise qualified to hold said 4774 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II office, according to the Constitution and Laws of Georgia, and that I will support the Constitution of the United States and of this State." SECTION 5.19. Temporary vacancies. Pursuant to the authority set forth in subsection (d) of Code Section 45-5-6 of the O.C.G.A., for the duration of any suspension of any elected member of the governing authority of the City of Lilburn, a replacement officer for the public officer suspended shall be appointed at any regular or specially called meeting of the governing authority. The person appointed shall have all authority thereafter as is possessed by an elected person for the same position. The person appointed shall serve for the duration of the suspension or the expiration of the term of office for which said appointment has been made, whichever shall first occur. Should the suspended person be finally convicted, the office of the said public official shall be considered permanently vacant and shall be filled pursuant to Section 5.15 of the charter of the City of Lilburn, as amended. ARTICLE VI FINANCE A. Property taxes. 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. SECTION 6.11. Millage rate; due dates; payment methods. The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and 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. B. Occupation taxes and regulatory fees. ____________GEORGIA LAWS 2002 SESSION_________4775 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. 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. 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 city 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 4776 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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. SECTION 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. SECTION 6.17. Construction; other taxes 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 ofthis city to govern its local affairs. C. Collection of delinquent taxes. 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. ____________GEORGIA LAWS 2002 SESSION__________4777 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 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 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 ofan 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 city manager shall submit to the city council a 4778 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the first day of June of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. 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. (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 unless authorized by the council. The council shall be authorized to establish a tax millage rate each year after the submission of the budget to the council to ensure that the necessary revenue will be available to meet the appropriations provided for in the budget. The tax millage rate levied by the council shall not exceed five mills to cover general operating expenses, without the approval of a majority of those voting in a referendum specially called for approval of same. An additional millage rate may be levied for the retirement of bonded indebtedness. 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 ____________GEORGIA LAWS 2002 SESSION__________4779 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, 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 ten days prior to the beginning of each fiscal year, the city manager 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 2.24. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the fifteenth 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 city manager 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 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. 4780 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 (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. SECTION 6.32. Centralized purchasing. The city council may 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 city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city 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 city manager 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 ofthe highest and best use ofthe 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. ____________GEORGIA LAWS 2002 SESSION__________4781 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. SECTION 7.11. Existing ordinances, resolutions, rules and regulations. Existing ordinances, resolutions, rules and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for two years from the effective date of this charter. During such two-year period, the city council shall review all such provisions and shall readopt, repeal, or amend each, so that a codification as provided by subsection (b) of Section 2.26 is 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 60 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition. SECTION 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. 4782 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (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. Effective date. This Act shall become effective 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 Lilburn in the County of Gwinnett, approved in 1980 (Ga. L. 1980, p. 3164), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. SECTION 7.18. General repealer. All laws and parts of laws in conflict with this Act are repealed. Resolution No. 018-01 An Resolution of the Mayor and City Council of the City of Lilburn, Georgia Approving an Amendment to the City Charter WHEREAS, the present municipal Charter for the City ofLilburn was last amended in 1990; and WHEREAS, the Mayor and Council of the City of Lilburn has determined that it is in the best interest of the citizens of the city to have an updated and current ____________GEORGIA LAWS 2002 SESSION__________4783 Charter for the City which is concise, easy to understand, and reflects changes in municipal law in the State of Georgia; and WHEREAS, the Mayor and Council of the City of Lilburn desires to request the Local Legislative Delegation to introduce and have approved by the Georgia General Assembly an amended Charter for the City of Lilburn City Hall; NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Lilburn, Georgia, that it hereby approves a new municipal Charter for the City of Lilburn which is attached to this Resolution, and further requests that the Local Legislative Delegation ofthe Georgia General Assembly introduce and have approved in the 2002 Session ofthe General Assembly this amended Charter for the City of Lilburn. BE IT FURTHER RESOLVED by the Mayor is directed to forward the proposed new municipal Charter to members of the Local Legislation Delegation together with this Resolution and with the request that the same be introduced and approved SO RESOLVED this 10th day of December, 2001. APPROVED: S. Scott Batterton_____ s/ S. Scott Batterton, Mayor Jack Bolton ___ s/ Jack Bolton, Mayor Pro Tern Michael Donald__________ s/ Michael Donald, Council Member Bill Barry__________ s/ Bill Barry, Council Member Diana Preston________________ s/ Diana Preston, Council Member ATTEST/AUTHENTICATED: (SEAL) Kathv J. Maner________ s/ Kathy J. Maner, City Clerk This Is To Certify That This Is A True And Correct Copy Of The Original Document Date 01/2/02 Tom Combiths City Manager Signature and Title 4784 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 2002 session of the General Assembly of Georgia a bill to provide for a new charter for the City of Lilburn; and for other purposes. THIS the 9 day of January, 2002. -s- Charles Bannister CHARLES BANNISTER State Representative District 77 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles 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 11, 2002. (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 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 ____________GEORGIA LAWS 2002 SESSION__________4785 to the county governing authority within which the area to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ CHARLES BANNISTER Charles Bannister Representative, 77th District Sworn to and subscribed before me, this 28th day of January, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. COBB COUNTY - STATE COURT; JUDGES; ASSOCIATE JUDGES; COMPENSATION. No. 622 (House Bill No. 1281). 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 associatejudges 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 3 the following: "The chief judge of the State Court of Cobb County shall receive as additional compensation $3,800.00 per annum.", and inserting in lieu thereof the following: "The chief judge of the State Court of Cobb County shall receive as additional compensation $3,952.00 per annum." 4786 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2. Said Act is further amended by striking from Section 23 of Part 1 the following: "The salary of the judges of Division 1 of the State Court of Cobb County shall be $119,272.08 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 $124,042.96 per annum." SECTION 3. 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 $95,735.33 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 4. 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. 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 have very important constitutional 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 ____________GEORGIA LAWS 2002 SESSION_________4787 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 up to 4% as approved by the Cobb Delegation to the Georgia General Assembly in the FY 02 Budget. We further request that all the above salary increases to be effective upon July 1, 2002, or upon the Governor's signature, whichever is earlier. This, the eighth day of January 2002. s/William J. Bvrne_______ CHAIRMAN s/ Billy L Askea DISTRICT 1 s/ Sam S. Olens______ DISTRICT 3 s/ Joe L. Thompson DISTRICT 2 s/ George W. Thompson. Jr. DISTRICT 4 Positions that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases for: 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 Chief Magistrate Chief Deputy Clerk State Court State Court Clerk Solicitor Investigator Assistant Solicitor Chief Assistant Solicitor Solicitor State Court Division II Judges (4) 4788 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II State Court Judges (6) Chief Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk District Attorney District Attorney Investigator District Attorney Chief Investigator Assistant District Attorney Superior Court Judges (8) Chief Judge Superior Court NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2002 Session of the General Assembly of Georgia a bill to amend an 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, 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 ofCobb County on the following date: January 25, 2002. (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 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 2002 SESSION_________4789 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/RICHGOLICK Rich Golick Representative, 30th District Sworn to and subscribed before me, this 30th day of January, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. HENRY COUNTY - STATE COURT; TECHNOLOGY FEES. No. 623 (House Bill No. 1325). AN ACT To amend an Act creating the State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which said technology fees may be put; to provide 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 Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, is amended by striking Section 6 of said Act and inserting in its place the following: 4790 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II "SECTION 6. (a) The clerk of the state court shall be entitled to charge and collect the same fees as the clerk of the superior court is entitled to charge and collect for the same or similar services. All such fees shall be paid into the county treasury, except those sums which are directed by law to be paid otherwise. (b) The clerk of the state court shall be entitled to charge and collect a technology fee to be set by the court in an amount not to exceed $5.00 for the filing of each civil action and not to exceed $5.00 as a surcharge to each fine paid. Technology fees shall be used exclusively to provide for the technological needs of the court. Such uses shall include only the following: (1) Computer hardware and software purchases; (2) Lease, maintenance, and installation of computer hardware and software; and (3) Purchase, lease, maintenance, and installation of imaging, scanning, facsimile, communications, projection, and printing equipment and software. The funds collected pursuant to this subsection shall be maintained in a segregated fund by the clerk of the court and shall be used only for the purposes authorized in this subsection at the direction of the chiefjudge of the court." SECTION 2. This Act shall become effective on July 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 2002 Session of the General Assembly of Georgia a bill to amend an Act providing for the creation of the State Court of Henry County approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended (Ga. L. 1999, p. 4176), to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which said technology fees may be utilized; to provide for an effective date; and for other purposes. This 18th day of January, 2002. 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: ____________GEORGIA LAWS 2002 SESSION_______4791 (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Daily Herald which is the official organ of Henry County on the following date: January 25, 2002. (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 notification is attached hereto. X The notice requirement of subsection (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 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 7th day of February, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. 4792 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II COBB COUNTY - SUPERIOR COURT; DEPUTY CLERK; COMPENSATION. No. 624 (House Bill No. 1340). 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, 2001 (Ga. L. 2001, p. 4471), 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 16,2001 (Ga. L. 2001, p. 4471), 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 ofthe superior court shall be allowed a deputy clerk whose annual salary shall be $73,312.90, to be paid in equal monthly installments from the funds in the county treasury. Any candidate for the office ofclerk ofthe 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 ofthe 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 ofemployees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County." ____________GEORGIA LAWS 2002 SESSION_________4793 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 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 have very important constitutional 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 up to 4% as approved by the Cobb Delegation to the Georgia General Assembly in the FY 02 Budget. We further request that all the above salary increases to be effective upon July 1, 2002, or upon the Governor's signature, whichever is earlier. This, the eighth day of January 2002. William J. Bvrne_____ CHAIRMAN Billy L. Askea DISTRICT 1 Sam S. Olens DISTRICT 3 4794 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Joe L. Thompson DISTRICT 2 George W. Thompson. Jr. DISTRICT 4 Positions that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases for: 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 Chief Magistrate 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) Chief Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk District Attorney District Attorney Investigator District Attorney Chief Investigator Assistant District Attorney Superior Court Judges (8) Chief Judge Superior Court NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2002 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 ____________GEORGIA LAWS 2002 SESSION_________4795 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. 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 ofCobb County on the following date: January 25, 2002. (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 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 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, 31st District Sworn to and subscribed before me, this 6th day of February, 2002. 4796 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II s/DEANACOKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. COBB COUNTY - SHERIFF; CHIEF DEPUTY SHERIFF; CHIEF INVESTIGATOR; EXECUTIVE ASSISTANT; COMPENSATION. No. 625 (House Bill No. 1341). 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 27, 2001 (Ga. L. 2001, p. 4452), so as to change the compensation ofthe 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 27,2001 (Ga. L. 2001, p. 4452), 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 $94,651.13 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 thejudge ofthe probate court the name ofthe 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 ____________GEORGIA LAWS 2002 SESSION_________4797 performance of said duties upon taking the oath of office prescribed by law for the sheriffofCobb County. The chiefdeputy sheriffis authorized, when directed by the sheriff, to discharge any and all ofthe duties and powers ofthe sheriff. In addition to said chiefdeputy, said sheriffshall 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 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 ofthe chief investigator shall be $85,882.47 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 $51,622.12 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. 4798 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 have very important constitutional 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 up to 4% as approved by the Cobb Delegation to the Georgia General Assembly in the FY 02 Budget. We further request that all the above salary increases to be effective upon July 1, 2002, or upon the Governor's signature, whichever is earlier. This, the eighth day of January 2002. William J. Bvrne_____ CHAIRMAN Billy L. Askea DISTRICT 1 Sam S. Olens_____ DISTRICT 3 Joe L. Thompson DISTRICT 2 George W. Thompson. Jr. DISTRICT 4 Positions that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases for: District Commissioners (4) Commission Chairman ____________GEORGIA LAWS 2002 SESSION________4799 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 Chief Magistrate 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) Chief Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk District Attorney District Attorney Investigator District Attorney Chief Investigator Assistant District Attorney Superior Court Judges (8) Chief Judge Superior Court NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2002 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. 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: 4800 LOCAL AND SPECIAL ACTS AND RESOLUTIONS. VOL. II (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 25, 2002. (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 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 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, 31st District Sworn to and subscribed before me, this 6th day of February, 2002. s/DEANACOKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. ____________GEORGIA LAWS 2002 SESSION_________4801 PEACHTREE CITY - NEW CHARTER. No. 626 (House Bill No. 1362). AN ACT To provide a new city charter for Peachtree City; to provide for reincorporation and for corporate powers, limits, and jurisdiction; to provide for a governing authority; to provide for city councilmembers and a mayor and qualifications and powers; to provide for the filling of vacancies; to provide for various city officers; to provide for police and fire departments; to provide for the registration of electors and for elections; to provide for the power oftaxation, licensing, and borrowing; to provide for city personnel; to provide for the powers of the city council as to animals, eminent domain, and streets; to provide for assessments for public improvements; to provide for a municipal court, a judge, and jurisdiction; to provide for existing ordinances and officers and personnel; to provide for pending matters; to provide for severability; to provide for the repeal of a specific Act and amendatory Acts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I IN GENERAL SECTION 1.1. Reincorporation; corporate powers. (a) Peachtree City, in Fayette County, and the inhabitants thereof, are reincorporated and are hereby constituted and declared a body politic and corporate under the name and style Peachtree City, Georgia, and by that name shall have perpetual succession. (b) Said city shall have full powers to govern itself by such ordinances, bylaws, rules, and regulations for municipal purposes as may be deemed proper and not in conflict with the Constitution or laws of this state or the United States. (c) Said city shall have full power in and by said corporate name: (1) To contract and be contracted with; (2) To sue and be sued; (3) To plead and be impleaded; (4) To purchase, hold, receive, enjoy, possess, and retain for the use of and benefit ofsaid Peachtree City or the inhabitants thereofin perpetuity or for any term, any estate, real or personal, or lands, tenements, or hereditaments of any kind, within or without the limits of said city, for corporate purposes; (5) To use, manage, improve, sell, convey, rent, or lease any such estate or property; 4802 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (6) To have and use a common seal; and (7) To perform all acts necessary or incident to its corporate existence or capacity. (d) In addition, the city shall have all powers possible for a city to have as found in Title 36 of the O.C.G.A. as it may be amended and all other provisions under the present or future Constitution and laws of the state as fully and completely as though they were specifically enumerated in this charter. (e) The city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (f) 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 1.2. Corporate limits. (a) The boundaries of this city shall be and are defined as follows: All that territory and the inhabitants thereof embraced and contained in the sixth land district of Fayette County, Georgia, being land lots numbered 24 to 63, inclusive, and portions of land lots numbered 19 to 21, inclusive, and all that territory and the inhabitants thereof embraced and contained in the seventh land district of Fayette County, Georgia, being land lots numbered 64 to 68, inclusive, and land lots numbered 90 to 103, inclusive, and land lots numbered 122 to 135, inclusive, and land lots numbered 155 to 162, inclusive, and portions of land lots numbered 63, 121, and 164, inclusive, and such tracts and parcels as shall be incorporated within the corporate limits of said city pursuant to law. (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 supercede for all purposes the earlier map or maps which it is designated to replace. SECTION 1.3. Corporate authority and territorial jurisdiction of governing body and officers. (a) The corporate authority of said city and the territorial jurisdiction of the governing body and the officers thereof shall extend, for police and sanitary purposes, over all lands which are controlled and all lands which may hereafter be owned or controlled by said city for waterworks, electric light, sewerage, drainage, or cemetery purposes outside of the territory as indicated in this article. (b) The governing body and officers of said city shall have full power and authority to make and enforce such ordinances, bylaws, rules, and regulations as they may deem necessary to protect the land, premises, and other property referred to in this article and all rights and interest ofsaid city therein as fully and completely as ifthe same were located within the limits of said city proper as indicated in Section 1.2 of this charter. ____________GEORGIA LAWS 2002 SESSION__________4803 ARTICLE II GOVERNING BODY; DEPARTMENTS; APPOINTIVE OFFICERS SECTION 2.1. Governing body; composition, quorum, meetings. (a) The government of said city shall be vested in a mayor and four councilmembers chosen as provided in this charter, in such other officers and employees as required under the terms ofthe charter, and in such other officers and employees as the mayor and councilmembers consider necessary and proper to appoint and employ. (b) The chief administrative and operational officer of the city shall be the city manager. (c) The mayor and councilmembers of said city shall collectively be known as "Council of Peachtree City" (hereinafter sometimes referred to as "city council" or "council" and when so referred to shall be construed to mean the Council of Peachtree City) in which all legislative powers of said city shall be vested. (d) Except as otherwise set forth below, the mayor and three councilmembers, or four councilmembers without the mayor, shall constitute a quorum of the city council. Less than a quorum may meet and compel the attendance of absentees as provided by ordinance. In the event the office of mayor and one or more offices of council shall become vacant or more than one office of council shall become vacant, then a quorum shall be the mayor and two councilmembers, or three councilmembers without the mayor. If two or more offices of council shall be vacant simultaneously or if the office of mayor and one or more offices of council shall be vacant simultaneously, then all of the remaining members of the council may meet to appoint persons to fill vacancies on the council, set the date for a special election and qualification thereof, and, if necessary, appoint a provisional mayor pro tempore. (e) The city council shall meet at such specified time and place as may be provided by ordinance. Special meetings may be called at any time by the mayor upon giving not less than 24 hours notice of said special meeting. SECTION 2.2. Eligibility qualifications of mayor and councilmembers. No person shall be eligible to hold the office of mayor or councilmember of said city unless he or she is 21 years of age and is a qualified elector of said city who shall have continuously resided and maintained his or her domicile therein for at least six months immediately preceding his or her election. Except as authorized by law, the mayor and councilmembers shall not hold any other city office or city employment during the term for which each such person was elected unless the mayor or councilmember affected shall first resign. 4804 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2.3. Duties and authority of mayor. The mayor shall be the chief executive officer of said city and it shall be his duty; (1) To preside at all meetings of the city council; (2) To see that all meetings are conducted in a parliamentary manner; (3) To preserve order and decorum in such meetings; (4) To inflict such punishment upon any person guilty of contempt before said council as may be authorized by municipal ordinances; (5) To see that all laws, ordinances, rules, regulations, and resolutions of the city council of said city are faithfully executed and enforced; (6) To appoint and be an ex officio member of all committees; (7) To see that all funds are properly accounted for and that all revenues are properly and promptly collected; (8) To inform the council from time to time of the general condition of said city and its affairs and recommend such measures as he or she may deem necessary or expedient for the welfare of said city; (9) To inspect or cause to be inspected by one or more of the councilmembers of said city the records and books of accounts of the city and see that they are properly and correctly kept to require such reports to be made by such city staff and given to the council; (10) To see that order is maintained in said city and that its property and effects are preserved; (11) To convene the council in extra session as frequently as he or she may deem proper; (12) To bind said city by signing any contract, obligation, or other matter entered into and authorized by ordinance or resolution of the council of said city, properly passed in accordance with the provisions of this charter; and (13) To do acts and things as may be proper and necessary in the proper conduct of the affairs of said city and as may be hereinafter authorized. Subject to the limitations contained in this charter, the said mayor shall exercise general supervision and jurisdiction over the affairs of the said city; however, the responsibility for the daily operation and administration of the city shall be delegated to the city manager who shall report on such activities to the mayor and councilmembers as hereinafter provided. SECTION 2.4. Authority of mayor to vote. The mayor shall be entitled to vote on all questions before the city council. ____________GEORGIA LAWS 2002 SESSION__________4805 SECTION 2.5. Duties of mayor pro tempore. The mayor pro tempore shall discharge the duties and exercise the powers and authority of the mayor in the absence, disability, or disqualification of the mayor and during a vacancy in the office of mayor provided his or her rights and duties as councilmember shall remain unimpaired, except he or she shall not receive the salary or expense of a councilmember while receiving the salary and expense of mayor when there is a vacancy in the office of mayor. SECTION 2.6. Duties of councilmembers. Councilmembers shall work with the mayor in establishing city policies, drafting ordinances, handling budgetary matters, and addressing any other matters which come before city council in order to carry out the powers and responsibilities as enumerated in Section 1.1 of this charter. SECTION 2.7. Date of municipal general election; election of mayor and councilmembers, post designation; assuming office; term; oath. (a) Pursuant to Chapter 2 ofTitle 21 ofthe O.C.G.A., the "Georgia Election Code," the municipal general election shall be conducted on the Tuesday next following the first Monday in November of odd-numbered years. (b) For the purposes of electing councilmembers, positions on the council shall be numbered as posts 1 through 4, respectively. (c) In 1992, Peachtree City altered the length of the mayor and councilmembers' terms from two years to four years. After a period of transition, the elections for posts 1 and 2 are held every four years from 1995 forward. The elections for mayor and posts 3 and 4 are held every four years from 1993 forward. All persons elected shall assume office on the first meeting in January following the election except in the case of special elections when such elected official shall assume office at the first meeting following the certification of the election. (d) After January 1, 1993, any mayor or councilmember who has been elected for two consecutive four-year terms under the provisions of this charter shall not be eligible to be elected for the same position of mayor or councilmember for the succeeding term; however, nothing contained herein shall prevent a person who has served as mayor for two consecutive four-year terms to be eligible and qualified to be elected for a position as councilmember for the succeeding term. Likewise, nothing contained herein shall prevent a person who has served as councilmember for two consecutive four-year terms to be eligible and qualified to be elected for a position as mayor for the succeeding term. 4806 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (e) The candidate for each respective office who shall receive the majority of votes cast for such office by the electors of said city shall be elected to such office. (f) Candidates elected to office shall on or before the day of assuming office qualify by taking and subscribing before the municipal judge, the mayor, or some other officer authorized by law to administer oaths the following oath: "I do solemnly swear or affirm that I will well and truly perform the duties of (mayor) (mayor pro tempore) (councilmember) of Peachtree City by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of Peachtree City and that I will support and defend the Charter and ordinances thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. So help me God." Such oath shall be filed with the city clerk, who shall record the same upon the minutes ofthe meeting ofthe Council ofPeachtree City, next following such filing, unless such oath is filed during a regular meeting of the said council in which latter case such oath shall be recorded upon the minutes of the meeting then in session. SECTION 2.8. Filling vacancies on council. (a) In the event that the office of mayor or the office of any one or more of the councilmembers shall become vacant by death, resignation, removal, or otherwise, and said vacancy or vacancies are for unexpired terms of 12 months or less, then said vacancy or vacancies may be filled by appointment and selected by majority vote of the remaining members of the mayor and council in the case of vacancies in said council and by the councilmembers in the case of a vacancy in the office of mayor. (b) Persons selected as provided in subsection (a) of this section shall be duly qualified to fill such vacancies for the unexpired terms. (c) Unless provided otherwise by ordinance, the mayor, or in the case of a vacancy in the office of mayor, the mayor pro tern, shall determine the procedure for council to follow in the appointment process; provided, however, that such procedure shall comply with the laws of the state and of the United States and, provided further, that such procedures are given to the members of council at least ten days before the meeting during which such appointment is to be made. (d) Should such vacancy or vacancies exceed 12 months, a special election shall be called to determine the person who shall fill the unexpired term. The date of such special election shall comply with the laws of the state and of the United States. In the event of such vacancy or vacancies which exceed 12 months, the city council may appoint an individual or individuals to fill such vacant office or offices until the date of the next available election. In no event shall any appointment be for a period exceeding one year. ____________GEORGIA LAWS 2002 SESSION_________4807 SECTION 2.9. Declaration of vacancy in office of mayor or councilmember. Should the mayor or any member of the council fail or refuse to perform the duties of his or her office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the majority of the remaining members of the council, declared vacant and the vacancy filled as above provided. SECTION 2.10. Compensation of mayor and councilmembers as fixed; expenses of office allowable. (a) The mayor shall receive an annual salary and each councilmember shall receive such annual salary as shall be established by ordinance during the proceeding term for which such official shall have been appointed or elected. Said salaries shall be paid in 12 equal monthly installments on or before the last day of each month. (b) In addition to their salaries, each councilmember may be reimbursed for actual out-of-pocket expenses incurred on behalf of the city as provided by ordinance. (c) The city council may also provide for payment of all reasonable expenses which may be incurred by the mayor in the discharge ofhis or her duties, including such staff as may be appointed by the mayor. SECTION 2.11. Organization of council; mayor pro tempore; provisional mayor pro tempore. (a) The city council shall, at its organizational meeting and thereafter at its first regular meeting in January of each year, elect one of its members mayor pro tempore for a term of one year. (b) Before entering on the discharge of his or her duties, the mayor pro tempore shall, in addition to the oath taken as councilmember, take the oath prescribed for mayor pro tempore. (c) In case neither the mayor nor mayor pro tempore can attend to or discharge the duties ofmayor, whatever the cause, the city council shall elect a provisional mayor pro tern to act until a mayor or mayor pro tempore can act, from its membership, who shall take the same oath and be clothed with all of the rights, power, and authority of mayor until a mayor or mayor pro tempore can act. SECTION 2.12. Council interference with administration. The city council and 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 except for purposes of gathering needed information which is of 4808 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II routine matters or is the type of information which such officers and employees can easily and quickly assemble. Except as provided above, the city council and its members shall not give orders directly to such officers and employees, either publicly or privately, but shall coordinate all orders and instructions through the city manager. SECTION 2.13. Appointment of officers by council; removal. The city council shall at its organizational meeting and thereafter at the discretion of city council appoint a clerk, a city attorney, a city auditor, a city judge, a city manager, and any other city positions as required by ordinance. Such appointed individuals, after their initial appointment, need not be reappointed on an annual basis but shall serve subject to the pleasure of the mayor and council and may be removed from office by the council at any time; provided, however, that the mayor may suspend any such individual pending a meeting ofthe council to make a formal decision on the appropriate action to take. SECTION 2.14. City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be the custodian of the official city seal and city records; maintain city council records as required by state law or by ordinance; and perform such other duties as may be required by the city council. The city clerk shall report to the city manager and shall be subject to all of the rights, privileges, and obligations of the city's personnel policies; however, the city clerk can be terminated or removed from such position only by the city council. The city council may appoint the city manager to serve as the city clerk. SECTION 2.15. City attorney. The city council shall appoint a city attorney, which may be a law firm, and shall provide for the payment of such attorney for the services rendered to the city. The city attorney shall be responsible for the representation and defense of the city in all litigation in which the city is a party and will coordinate such representation with all attorneys provided to the city through applicable insurance contracts, if any; shall 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. ____________GEORGIA LAWS 2002 SESSION__________4809 SECTION 2.16. City auditor. The city council shall appoint a city auditor who shall be a certified public accountant or accounting firm to ensure that the city's financial records are kept appropriately and according to the laws of this state and of the United States. The city auditor shall conduct an annual independent audit of all city accounts, funds, and financial transactions. The audit shall be conducted according to generally accepted auditing principles. SECTION 2.17. City judge. The city council shall appoint a city judge pursuant to the requirements of Section 8.2 of this charter. SECTION 2.18. City manager. The mayor and council shall appoint and contract with a city manager who shall serve subject to the pleasure of the mayor and council for a term as set forth in the contract and according to state law. The title of such officer shall be city manager of the city. His or her salary shall be determined by the mayor and council and included as a part ofthe contract. Such officer shall be the chiefadministrative and operational officer of the city and shall perform such executive duties as may be delegated by the mayor and council. The city manager's job performance shall be evaluated and subject to review annually by the mayor and council. SECTION 2.19. Officers appointed by council to perform described duties and give bond. All officials appointed by said council shall discharge such duties in addition to those prescribed in this charter as are, or may be, prescribed by ordinances of said council and shall give such bonds for the faithful discharge of their respective duties as said council may require; provided, the surety on the bond shall be a duly authorized guaranty or surety company, qualified to transact business in this state. SECTION 2.20. Police department. The city council shall create a police department which shall consist of a chief of police and such other police officers as the city council shall provide. Subject to the requirements of the laws of the state and of the United States, it shall be the duty of the chief of police and the police officers to make arrests, within and without the 4810 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II limits of said city, of all persons violating any ordinance of said city and to make arrests of all persons who have violated the penal statutes of this state or of the United States, either with or without warrant or summons therefor. They shall have power to release all persons upon such bond as may be prescribed by such ordinances. Said police force shall be so uniformed and armed as to be readily recognized by the public as peace officers, the arms and uniform to be furnished by the city and to remain the property of the city. SECTION 2.21. Fire department. The city council shall create a fire department which shall consist of a chief and such other officers as the city council shall provide. It shall be the responsibility of said department to provide the citizens ofthe city protection from fires and other such hazards as the city council shall deem appropriate. Additionally, the fire department may offer emergency medical services to the citizens of the city as deemed appropriate by the city council. SECTION 2.22. Other divisions and departments; employees thereof. The city council shall be and it is hereby authorized, without any further specific authorization on the part of the General Assembly, to create by proper ordinances such other divisions and departments and to prescribe their functions and the duties of the affairs and employees of such departments as it may deem necessary and for the best interest of the residents of Peachtree City. ARTICLE III REGISTRATION OF ELECTORS; ELECTIONS SECTION 3.1. Qualifications of electors. No person shall vote in any primary or election conducted by the city unless he or she shall be duly registered and possesses the qualifications prescribed by Code Section 21-2-216 of the O.C.G.A. as now or hereafter amended. SECTION 3.2. Voting by person not qualified therefore. Any person voting at any election of said city who is not a qualified voter according to the provisions of this charter shall be guilty of a misdemeanor and upon conviction therefor shall be punished as prescribed in the penal code of this state. ____________GEORGIA LAWS 2002 SESSION__________4811 SECTION 3.3. 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. ARTICLE IV TAXATION; LICENSES; BORROWING SECTION 4.1. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of providing revenues to defray the costs of operating the city government, of governmental services, for the repayment of principal and interest on bonded indebtedness and other proper debts ofthe city, and for any other public purpose as determined by the city council in its discretion. SECTION 4.2. Millage rate; due dates; payment methods. The city council, by ordinance, shall establish a millage rate for the city property tax with a due date as established by the Fayette County tax commissioner. The Fayette County tax commissioner shall be the official tax commissioner for the city; however, ifthe Fayette County tax commissioner fails or refuses to act as such, then the Director ofFinancial Services shall be the official tax commissioner for the city and shall have all the necessary duties and powers to carry out this position as permitted by law. SECTION 4.3. General obligation bonds. The city council shall have the power to issue bonds for the purpose of providing revenue to accomplish 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. 4812 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 4.4. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such revenue bonds are to be serviced out of any revenue produced by the project, program, or venture for which they were issued and shall not be a general obligation of the city. SECTION 4.5. Short-term loans. The city, with the approval of city council, may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 4.6. Lease-purchase contracts. The city, with the approval of city council, 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 ofthe municipality at the close ofthe 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 4.7. Occupational, business, and other taxes. The city council by ordinance shall have the power to levy such occupation, business, and other 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 payment of such taxes as provided herein. SECTION 4.8. Regulatory fees; permits. The city council by ordinance shall have the power to require businesses or practitioners doing business within the city to obtain a permit for such activity from the city and pay a regulatory fee for such permit. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in this charter. ____________GEORGIA LAWS 2002 SESSION__________4813 SECTION 4.9. Franchises. (a) The city council shall have the power to grant franchises for the use ofthe city's streets by telephone companies, electric companies, electric membership companies, 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 council receives just and adequate compensation therefor. The city council shall provide by ordinance for the registration of all franchises. (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 the city's streets for the purposes of railroads, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. SECTION 4.10. Collection of delinquent taxes and fees. The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city by whatever means as are not precluded by law. This shall include providing for the dates when taxes or fees are due; late penalties and 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 4.11. Authority to license, regulate, and control business and other activities. Unless otherwise prohibited by law, the city council of said city shall have full power and authority to license, regulate, and control all businesses and activities of every kind and character carried on within the corporate limits of said city unless prohibited from doing so by law. SECTION 4.12. Revoking licenses and prohibiting operation. (a) Unless otherwise prohibited by law, the city council of said city may revoke the license of, or prohibit the operation of, any business or establishment, in the event the same becomes a nuisance or is dangerous, hazardous, or injurious to the health 4814 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II or morals of the inhabitants of said city. (b) No revocation or prohibition shall occur without giving written notice to the person, firm, or corporation conducting such business, said notice stating the reasons why such license is being revoked or prohibition is occurring, and affording such person, firm, or corporation an opportunity to be heard on the question before the said council, the said notice setting forth the time and place of the hearing on the revocation or prohibition. At said hearing the person holding said license or conducting said business, or the firm or corporation holding or conducting the same, may submit to said council whatever evidence he or she may desire touching upon the question of revocation of such license or prohibition of such business. (c) The decision of the city council revoking any such license or prohibiting such business shall be final. ARTICLE V PERSONNEL SECTION 5.1. 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. 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. SECTION 5.2. Personnel policies. All employees serve at-will and may be removed from office at any time unless otherwise provided in this charter, by ordinance, or by adopted contract or personnel policies. SECTION 5.3. Social security, hospitalization, and workers' compensation benefits for employees authorized. The city council shall be authorized to provide insurance, retirement, and other pension benefits and workers' compensation benefits for its employees and their dependents and survivors and shall be authorized to expend funds of said city. The city council shall be authorized to provide for social security benefits for its employees as provided by the laws of the United States. ____________GEORGIA LAWS 2002 SESSION__________4815 ARTICLE VI COUNCIL POWERS AS TO ANIMALS, EMINENT DOMAIN, AND STREETS SECTION 6.1. Council powers as to animals and fowl. The city council of said city shall have the power and authority: (1) To prevent all animals and fowl from running at large in said city; (2) To prevent and prohibit the keeping of grazing, herd, and other traditional farm animals within the city limits or to regulate the manner in which they must be kept if allowed to remain; (3) To impound such animal or animals as referred to above when found upon the streets of said city and to charge such fees for same as they may prescribe and in addition thereto charge for the keep of such animal or animals so impounded; (4) To sell such animals as referred to above when the owner or owners of such animal or animals so impounded shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals and the proceeds applied to the payment ofsaid feed and cost ofkeeping said animal or animals; and (5) To dispose of such animals under such rules and regulations as may be prescribed by said council. SECTION 6.2. Condemnation of property for municipal purpose; eminent domain. (a) The city council of said city shall have full powers and authority to condemn property to carry out any and all lawful purposes in the furtherance of its corporate functions, both governmental and proprietary, and when the power and authority granted by this section is exercised by said council it may be done, whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian, or agent, in the manner provided by Title 22 ofthe O.C.G.A. and the Acts amendatory thereof which by this reference thereto is incorporated herein as if set forth verbatim. (b) This right of condemnation by the city shall extend beyond its corporate limits where the property to be condemned is needed by the city and is deemed useful by the council to afford and make available to the city such property for use in development and thereafter the operation, maintenance, repair, extension, and improvement to any city facility, either governmental or proprietary. (c) Without limiting the generality of the foregoing, the city shall have full and complete power and authority to exercise the power of eminent domain to acquire rights to take water from navigable and nonnavigable streams and from lakes and other places within and without the corporate limits of said city and within and 4816 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II without the County of Fayette; and to exercise such power of eminent domain to acquire land or any interest therein, within and without the corporate limits of said city and within and without the County ofFayette, necessary for water, sewer, other utilities, and airport property and facilities, together with the usual and necessary appurtenances therefor, or such land or any interest therein necessary in order to lay out, grade, open, pave, straighten, maintain, elevate, lower, improve, and relocate streets, sidewalks, alleys, recreational paths, and ways on, in, across, along, through, under, or over private property and property already devoted to public use and particularly Fayette County School District property; and also under, over, or across the rights ofway ofpublic utility companies, railroads, and all others having the right to acquire private property by exercise of the power of eminent domain or any similar power. SECTION 6.3. Street powers. (a) Said city shall have full and complete power and authority to open, lay out, grade, widen, construct, pave, repave, curb, and otherwise permanently improve any and all publicly owned streets, sidewalks, alleys, recreational paths, and ways and to maintain, relocate, repair, repave, extend, abandon, or close them and to construct, maintain, repair, replace, and remove street curbing, streets, sidewalks, alleys, recreational paths, or ways. (b)(l) To provide funds for the purpose of improving or removing sidewalks, curbing, and sewer, the associated construction costs, except costs of sewers which cannot serve the abutting real estate nor the owners thereof, may be assessed against the abutting real estate and owners thereofbut only on the side of the street on which such improvements are made, if on one side only. (2) To provide funds for the purpose of improving or removing streets, alleys, and ways, one-third of the associated construction costs may be assessed against abutting real estate and owners thereof on one side of such street and one-third against abutting real estate and the owners thereof on the other side, the city paying the remaining third. In real estate subdivisions all street construction costs may be assessed against the abutting real estate and owners thereof. (3) To provide funds for the purpose of improving or removing recreational paths, one-halfofthe associated construction costs may be assessed against the owners of all real estate situated in a subdivision to which or in which such new recreational paths are constructed or removed. The city shall pay the remaining one-half. (c) Cost of maintenance and repair of all city streets shall be paid out of the city treasury except in special cases provided for by city ordinance. ____________GEORGIA LAWS 2002 SESSION________4817 ARTICLE VII PUBLIC IMPROVEMENTS; ASSESSMENT SECTION 7.1. Improvement assessment. (a) Provision shall be made by ordinance for all sewer, sidewalk, street, alley, recreational path, way, or street curbing construction, maintenance, or repairs ifany part of the cost thereof is to be assessed against abutting or other real estate or the owners thereof. (b) After the first reading of an ordinance, notice that it has been introduced shall be published one time by the city clerk in the legal organ of the city to appear at least eight days before final passage of said ordinance. Said notice shall state that such ordinance has been introduced in the council and shall include a general description of the improvement, its location, and its estimated cost and shall state that the actual cost or such part thereof as the ordinance provides will be assessed against the abutting real estate and the owners thereofor against such real estate and the owners thereof as shall be benefitted by such improvement and that anyone objecting to such improvement, or objecting to the amount of his or her assessment, may appear and make such objections at the next regular meeting of the council after the expiration of said eight days. Notice shall also be sent by the city clerk via certified mail to the owners of such property at the street address of all real estate which is affected by the assessment. Receipt of the notice by the owner of the real estate is not required. Information concerning names of owners and street addresses obtained from the Fayette County Tax Commissioner's Office shall be deemed to be adequate for the purposes of providing this notice. No other or further notice of any kind shall be required, but if some other notice is given or ordered to be given, failure to give such additional notice shall not invalidate such ordinance or the assessment of such costs or the lien herein created against such abutting or other real estate nor the ordinance assessing the costs of such improvement. The second reading of such ordinance shall not be waived until the expiration ofsaid eight days after said publication ofnotice required by this section. But after the expiration of said eight-day notice, such ordinances may be taken up and adopted at any regular meeting of the council without further notice. SECTION 7.2. Improvement assessment against public property. When the city council orders any sewer, sidewalk, street, alley, recreational path, way, or street curbing paved or otherwise improved, upon which any public property abuts, the city council shall assess the cost of such improvements against said public property in the same manner and to the same extent as it does where private property is assessed. And when any sewer, sidewalk, street, alley, recreational path, way, or street curbing is paved or otherwise improved upon which 4818 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II public property abuts and the public officer or agency controlling such public property fails or refuses to pay the assessed cost of such improvements, the city council shall enforce payment of the same by levy and sale, mandamus, or other appropriate legal proceedings; provided, however, that such action for collection of the assessed cost of such improvements upon which public property abuts may be defended by the authorities in control of said public property by proving that the amount claimed to be due, or some part thereof, is not justly due or owing by said authorities; and, provided further, that when any action is begun and said authorities admit that part of the amount claimed is due, the amount so admitted to be due shall be paid as a condition precedent before any defense shall be heard by any court. SECTION 7.3. Scope of improvement assessment. (a) Cost assessed against abutting or other property and the owners thereof for sewer, sidewalk, street, alley, recreational path, way, or street curbing shall, except as otherwise provided by this charter, include all cost of such improvement, including necessary engineering, surveying, ditching, back filling, grading, blasting, dynamiting, pipe, and all other labor and materials, and shall include tearing up and reconstructing, repaving, repairing, and replacing of sewer, sidewalk, street, alley, recreational path, way, or street curbing and extending, relocating, and regrading for any of these to the private property line of the property assessed. (b) Expense of maintenance and repairs of street, alley, recreational path, or way shall not be assessed against abutting real estate, but cost of maintenance and repairs of sidewalks, curbing, and service sewers may be so assessed. SECTION 7.4. Lien for improvement cost. (a) To secure costs of sewer, sidewalk, street, alley, recreational path, way, or street curbing assessed against abutting or other real estate and the owners thereof, and costs of repair of any of these, said city shall have a lien against such abutting real estate and the owners thereof, or against the real estate and the owners thereof for the primary benefit of which such improvement is made, from the date of adoption ofthe ordinance providing for the work and assessing the cost, which lien shall be prior and superior to all other except state, county, and city taxes, and said city shall have the right to sell and transfer all such liens and claims to third parties who shall be protected by the same lien and rights as the city has and holds against such property and the owners thereof. (b) Nothing in this section shall be construed to deprive the property owner of the right of paying for said improvement in cash at the completion of the work if he or she desires to do so. ____________GEORGIA LAWS 2002 SESSION_________4819 SECTION 7.5. Installment payment of improvement assessments. When any sewer, sidewalk, street, alley, recreational path, way, or street curbing or other improvement shall be constructed, reconstructed, repaired, or replaced, pursuant to an ordinance providing for the same and providing for assessment ofthe cost thereof or a part thereof, against the abutting or other real estate, the owners thereof shall be allowed to pay for the same, except in case of repairs, as follows: One-fifth cash and the balance in four equal annual installments within the next four years thereafter, with interest on said deferred installments at the rate of 7 percent per annum from the date of adoption of the final assessment ordinance. SECTION 7.6. Assessment of sidewalk cost. Sidewalks shall be constructed on one side of a street and the cost thereof assessed against the abutting real estate and owners thereof on that side of such street if the owners of more than 50 percent of the street frontage on that side of said street so request. Sidewalks may be constructed on either or both sides of a street, and the cost thereof shall be assessed against the abutting or other real estate and the owners thereof, without the consent of any of such abutting or other real estate owners when the city council deems it proper or desirable for such sidewalks to be laid and they are not laid for the primary benefit ofpersons other than such abutting or other real estate owner. SECTION 7.7. Due date of improvement assessments. Costs assessed against property and the owner thereof for sewer, sidewalk, street, alley, recreational path, way, street curbing, or other like or similar work shall all become due and payable in full if any installment is not paid within 60 days from the day it is due. SECTION 7.8. Execution for improvement assessments. The city council shall have full power and authority to enforce collection of amounts so assessed by execution against the real estate so assessed and the owner thereof at the date of the ordinance providing for the work, which execution, if not paid, shall be issued by the clerk of the city and levied on such real estate by the chief of police, as city marshal, or his or her lawful deputy, and after advertisement as in cases of sales for Peachtree City taxes, such property shall be sold at public outcry to the highest bidder for cash, if such execution and costs have not been previously paid; provided such property owner shall have the right to file an 4820 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II affidavit denying that the whole or some part ofthe amount for which the execution issued is owing or due and stating what amount, if any, he or she admits to be owing, which amount so admitted to be owing shall be paid to the levying officer before the affidavit shall be received, which affidavit when received shall be returned to the Superior Court of Fayette County and there tried and the issue determined, as in case of illegalities, subject to all the penalties provided by law in cases of illegality filed for delay only. SECTION 7.9. Payment of street paving cost by railroads; street tax on public carriers. (a) Any street railroad company or other railway company having a track or tracks running along or across a street, alley, recreational path, or way of the city shall be required to pay the cost in full for paving or otherwise improving such street, alley, recreational path, or way between their tracks and two feet on each side thereof. (b) Any bus company or other public transportation company shall also be liable for such street taxes as the council may lawfully impose. ARTICLE VIII MUNICIPAL COURT SECTION 8.1. Creation. (a) There is hereby established a court to be known as the "Municipal Court of Peachtree City" which shall have jurisdiction and authority to try offenses against laws and ordinances of said city and to punish for a violation of the same. (b) This court shall have the power: (1) To enforce its judgments by the imposition of such penalties as may be provided by law; (2) To punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another, whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; (3) To try all offenses within the territorial limits of Peachtree City constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; (4) To establish bail or recognizance to ensure the presence of those charged with violations and to prescribe the conditions of forfeiture of the same; and (5) To administer oaths and to perform all other acts necessary and proper to the conduct of said court. (c) The presiding officer of such court shall be known as the judge. ____________GEORGIA LAWS 2002 SESSION__________4821 (d) Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof. (e) The court shall sit at a place designated by the council. SECTION 8.2. Judge. (a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 21 years and shall not have been convicted of a crime involving moral turpitude. (b) No person shall be qualified or eligible to serve as judge unless he or she is licensed to practice law in the State of Georgia. (c) Neither the mayor, any member of council, appointed officer, nor any employee of Peachtree City shall be qualified or eligible to serve as judge. (d) The judge shall be appointed by the city council and shall serve at the discretion ofthe city council. The compensation ofthejudge shall be fixed by the city council. (e) The judge pro hac vice shall serve in the absence or disqualification of the judge; shall have the same qualifications as the judge; and shall be appointed by the city council. (f) Before entering on duties of his or her office, the judge or judge pro hac vice shall take an oath before the mayor or mayor pro tempore 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 meeting of the mayor and council. SECTION 8.3. Jurisdiction. (a) Unless a lesser penalty is provided by ordinance or a greater penalty is provided by general law, the judge shall have power to impose fines, costs, and forfeitures for the violation of any law or ordinance of Peachtree City passed in accordance with this charter as follows: (1) To impose a fine in an amount not to exceed $1,000.00 for each offense; (2) To imprison offenders for a period of not more than six months for each offense; (3) To commit offenders to community service for not more than 40 hours per week for a period of not more than six months for each offense; and (4) To combine any one or more of these punishments in the discretion of the judge. (b) Said judge shall not have the authority to inflict a greater punishment for contempt than to impose a fine of $200.00 or imprisonment not exceeding ten days, or any combination of the two. (c) The judge shall be authorized to issue warrants for offenses committed within the corporate limits of Peachtree City, which warrants may be executed by any 4822 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II police officer of said city, and to commit the offenders to jail or admit them to bail or recognizance in bailable cases for their appearance at the next term of court of competent jurisdiction. (d) The judge is hereby authorized to issue subpoenas to compel the attendance of witnesses to said municipal court and to issue such other processes as may be necessary for the proper administration of said court. (e) The municipal court shall also have concurrent jurisdiction with that of the magistrate over offenses against the criminal laws ofthe state committed within the corporate limits of the city. (f) Except as may be herein otherwise specified, the judge is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of Peachtree City. (g) The municipal court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits of the city granted by state laws generally to municipal courts and particularly such laws as authorized the abatement of nuisances, (h) The judge of the municipal court is hereby authorized to administer oaths. SECTION 8.4. Right ofjudicial review of final judgments and sentences. Any defendant who is dissatisfied with the judgment or sentence of the municipal court shall have the right to seek review of said judgment or sentence by filing a petition for the writ of certiorari in the Superior Court of Fayette County as provided by the general law of this state. Upon the filing of a notice of intention to petition for certiorari with the clerk of the municipal court in writing and within ten days after the date of the final judgment, it shall be the duty of the judge of said court to assess a reasonable bond pending the review ofthe judgment ofconviction, with such surety or sureties to be approved by the clerk of said court, and such bond, when filed and approved as provided herein, shall act as a supersedeas of judgment until the final judgment of the superior court. SECTION 8.5. Court costs. In all cases in the Municipal Court of Peachtree City, the costs incurred and allowable in this charter may be computed under the provisions of the laws of the State of Georgia fixing costs in the courts of said state or the city council may establish by ordinance a schedule of fees to defray the costs of operation. The council may also provide a uniform scale of costs of the clerk and police officers of said city for all services in the arrest and prosecution of offenders in the municipal court and in the issuance and collection of tax and other executions and for their collections and payment into the city treasury. ____________GEORGIA LAWS 2002 SESSION__________4823 SECTION 8.6. 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 business of said court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures to the operation of the superior courts under the general laws of the State of Georgia. ARTICLE IX GENERAL PROVISIONS SECTION 9.1. Existing ordinances, resolutions, rules, and regulations. 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 until amended or repealed by the city council. SECTION 9.2. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect until otherwise decided by the city council. SECTION 9.3. 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 on-going work or cases shall be completed by such city personnel or officers as may be provided by the city council. SECTION 9.4. Severability. If any article, section, subsection, paragraph, or sentence 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, and sentence be enacted separately and 4824 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II independent of each other. SECTION 9.5. Gender. The use of masculine pronouns in the charter shall include the feminine. SECTION 9.6. Specific repealer. An Act creating and incorporating Peachtree City, approved March 9,1959 (Ga. L. 1959, p. 2409), and all amendatory laws thereto, are repealed in their entirety. SECTION 9.7. General repealer. All laws and parts of laws in conflict with this Act are repealed. February 5, 2002 The Honorable Kathy Cox Georgia House of Representatives Suite 611 Legislative Office Building 18 Capitol Square Atlanta, Ga. 30334 Dear Representative Cox: Please accept this letter as an official request that you introduce at the Regular 2002 Session of the General Assembly of Georgia a bill to provide a new city charter for the City of Peachtree City. The proposed charter was unanimously adopted by the City Council of Peachtree City on September 9, 2001. Thank you for your consideration, and please let me know if you need any additional information. Sincerely, Stephen D. Brown s/Stephen D. Brown Mayor ____________GEORGIA LAWS 2002 SESSION__________4825 Notice is given that there will be introduced at the regular 2002 Session of the General Assembly of Georgia a bill provide a new city charter for Peachtree City; to provide for reincorporation and for corporate powers, limits, and jurisdiction; to provide for a governing authority; to provide for city council members and a mayor, and qualifications and powers; to provide for the filling ofvacancies; to provide for various city officers; to provide for police and fire departments; to provide for the registration of electors and for elections; to provide for the power of taxation, licensing and borrowing; to provide for city personnel; to provide for the powers of the city council as to animals, eminent domain, and streets; to provide for assessments for public improvements; to provide for a municipal court, ajudge, and jurisdiction; to provide for existing ordinances and officers and personnel; to provide for pending matters; to provide for severability; to provide for the repeal of an Act, creating and incorporating Peachtree City, approved March 9,1959 (Ga. L. 1959, p. 2409), and all amendatory laws thereto; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kathy Cox, who on oath deposes and says that she is the Representative from the 105th District and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Fayette Daily News which is the official organ of Fayette County on the following date: February 6, 2002. (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 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. 4826 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 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 11th day of February, 2002. s/ KATHY COX Kathy Cox Representative, 105th District s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. COBB COUNTY - STATE COURT; ASSISTANT SOLICITORS; COMPENSATION. No. 627 (House Bill No. 1370). 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 27, 2001 (Ga. L. 2001, p. 4536), so as 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 27, 2001 (Ga. L. 2001, p. 4536), is 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 ofjudges of Division I and Division II of the ____________GEORGIA LAWS 2002 SESSION__________4827 State Court of Cobb County and the same number of additional assistant solicitors as the number of magistrates ofthe 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 solicitor-general. The compensation of the chief assistant solicitor shall not exceed $84,346.00, payable in equal monthly installments from the funds of Cobb County. The compensation of the deputy assistant solicitor shall not exceed $78,740.00, payable in equal monthly installments from the funds of Cobb County. The compensation of all other assistant solicitors shall not exceed $69,222.00 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 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 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 have very important constitutional 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 4828 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 up to 4% as approved by the Cobb Delegation to the Georgia General Assembly in the FY 02 Budget. We further request that all the above salary increases to be effective upon My 1, 2002, or upon the Governor's signature, whichever is earlier. This, the eighth day of January 2002. s/ William J. Bvrne CHAIRMAN s/ Billy L. Askea DISTRICT 1 s/ Sam S. Olens______ DISTRICT 3 s/ Joe L. Thompson DISTRICT 2 s/ George W. Thompson. Jr. DISTRICT 4 Positions that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases for: 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 Chief Magistrate Chief Deputy Clerk State Court State Court Clerk Solicitor Investigator Assistant Solicitor Chief Assistant Solicitor Solicitor State Court Division II Judges (4) ____________GEORGIA LAWS 2002 SESSION_________4829 State Court Judges (6) Chief Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk District Attorney District Attorney Investigator District Attorney Chief Investigator Assistant District Attorney Superior Court Judges (8) Chief Judge Superior Court NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2002 Session of the General Assembly of Georgia a bill to amend an 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, 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: January 25, 2002. (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 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 4830 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 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 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 4th day of February, 2002. s/JUDY MANNING Judy Manning Representative, 32nd District s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. COBB COUNTY - PROBATE COURT; JUDGE; CLERK; COMPENSATION. No. 628 (House Bill No. 1371). AN ACT To amend an Act changing the compensation ofthe clerk ofthe 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 27, 2001 (Ga. L. 2001, p. 4457), so as to change the compensation ofthejudge and the clerk ofthe 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 ____________GEORGIA LAWS 2002 SESSION________4831 salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 27,2001 (Ga. L. 2001, p. 4457), 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 ofthe Probate Court ofCobb County shall receive an annual salary of $100,094.75, 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 ofthe probate court shall be compensated in the amount of $63,996.10 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. 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; WHEREAS: These services and functions are managed by elected officials who have very important constitutional 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 mis 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 4832 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 up to 4% as approved by the Cobb Delegation to the Georgia General Assembly in the FY 02 Budget. We further request that all the above salary increases to be effective upon July 1, 2002, or upon the Governor's signature, whichever is earlier. This, the eighth day of January 2002. s/ William J. Byrne CHAIRMAN s/ Billy L. Askea DISTRICT 1 s/ Sam S. Olens_____ DISTRICT 3 s/ Joe L. Thompson DISTRICT 2 s/ George Thompson. Jr. DISTRICT 4 Positions that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases for: 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 Chief Magistrate Chief Deputy Clerk State Court State Court Clerk Solicitor Investigator Assistant Solicitor Chief Assistant Solicitor Solicitor State Court Division II Judges (4) ____________GEORGIA LAWS 2002 SESSION__________4833 State Court Judges (6) Chief Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk District Attorney District Attorney Investigator District Attorney Chief Investigator Assistant District Attorney Superior Court Judges (8) Chief Judge Superior Court NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2002 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. 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: January 25, 2002. (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 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 4834 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 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 to be annexed 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 11th day of February, 2002. s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL) Approved April 25, 2002. TWIGGS COUNTY - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 629 (House Bill No. 1383). AN ACT To amend an Act entitled an Act to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Twiggs County School District for residents who are 62 years of age or older and whose net income does not exceed $15,000.00, approved April 17,1992 (Ga. L. 1992, p. 6502), so as to increase the amount ofsuch exemption to $25,000.00 ofthe assessed value ofthe homestead; 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 2002 SESSION_________4835 SECTION 1. An Act entitled an Act to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Twiggs County School District for residents who are 62 years of age or older and whose net income does not exceed $15,000.00, approved April 17,1992(Ga.L. 1992, p. 6502), is amended by striking in its entirety Section 2 and inserting in lieu thereof the following: "SECTION 2. Each resident of the Twiggs County School District who is 62 years of age or older is granted an exemption on that person's homestead from Twiggs County School District ad valorem taxes in the amount of $25,000.00 of the assessed value of that homestead if that resident's net income for the immediately preceding taxable year does not exceed $ 15,000.00 for income tax purposes. The value of a homestead in excess of the amount exempted by this section shall remain subject to taxation." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Twiggs County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Twiggs County School District for approval or rejection. The election superintendent shall conduct that election at the time of the 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 Twiggs County. The ballot shall have written or printed thereon the words: "YES ( ) Shall the Act be approved which increases the homestead exemption from certain ad valorem taxes levied for the Twiggs NO ( ) County School District from $15,000.00 to $25,000.00 for residents of that district who are 62 years of age or older and whose net income does not exceed $15,000.00?" 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 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, 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 Twiggs County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. 4836 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 is given that there will be introduced at the Regular 2002 Session of the General Assembly of Georgia a bill to amend an Act entitled to an Act to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Twiggs County School District for residents of that district who are 62 years of age or older and whose net income does not exceed $15,000.00, approved April 17, 1992 (Ga. L. 1992, p. 6502), so as to increase the amount of such exemption; to provide for a referendum, effective dates, and automatic repeal; and for other purposes. 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 Twiggs Times which is the official organ of Twiggs County on the following date: January 30, 2002. (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 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 2002 SESSION_________4837 __ 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 to be annexed 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 11th day of February, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. TWIGGS COUNTY - BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 630 (House Bill No. 1390). AN ACT To create a board of elections and registration in Twiggs County; to provide definitions related thereto; to provide for authority; to empower said board with the powers and duties ofthe election superintendent relating to the conduct ofelections; to empower said board with the powers and duties ofthe board ofregistrars relating to the registration of voters and absentee balloting procedures; to provide for the qualifications and terms of the members of said board; to provide a method for the appointment or election, resignation, and removal of its members; to provide for a chairperson and operating budget of the board and for offices, clerical assistants, and employees; to define its powers, duties, and responsibilities; to provide for compensation for the members of said board; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 4838 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 1. (a) Pursuant to the authorization contained in subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created a Twiggs County Board of Elections and Registration and said board is empowered with the powers and duties of the election superintendent relating to the conduct ofelections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures in and for Twiggs County, Georgia. (b) For the purposes of this Act, the terms "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the 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; the term "board" means the Twiggs County Board of Elections and Registration created by subsection (a) of this section; the term "county" means Twiggs County; and the term "superior court" means the Superior Court of Twiggs County. SECTION 2. (a) The Twiggs County Board of Elections and Registration shall be composed of five members, each of whom shall be an elector and a resident of Twiggs County, and who shall be selected in the following manner: (1) One member of the board shall be appointed by the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment ofthe member. One member of the board shall be appointed by the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Each of these two respective members appointed by political parties shall be nominated by the chairperson and ratified by the county executive committee of the respective political party at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office; and (2) Three members shall be appointed by the governing authority of Twiggs County, Georgia, and one of said members shall be designated by said governing authority as supervisor of registration and elections and that person shall be the administrator and chairperson of the board and shall carry out all duties of voter registration and elections; provided, however, that with respect to initial appointments, the board shall appoint only two members to said board, and the person serving as chief registrar in Twiggs County shall be designated as one ofthe appointed members ofthe board. Such chief registrar shall serve as a member of the Twiggs County Board of Elections and Registration for the remainder of the term of office to which he or she was appointed as chief registrar. (b) Except for the chief registrar, in making the initial appointments to the board, the members shall be selected at least 30 days prior to January 1, 2003. ___________GEORGIA LAWS 2002 SESSION__________4839 (c) Initial members, except for the chief registrar, and all successors including the successor to the chief registrar shall be appointed for terms of four years and until their successors are duly appointed and qualified. The term of each initial member shall commence on January 1, 2003. SECTION 3. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member's qualifying as a candidate for elective public office. SECTION 4. The Board of Commissioners of Twiggs County shall certify the appointment of each member by filing an affidavit with the clerk of the superior court no later than 15 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. The clerk of superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars. SECTION 5. Each member ofthe board shall be eligible to serve successive terms, shall have the right to resign at any time by giving written notice of such resignation to the appointing body and to the clerk of the superior court, and shall be subject to removal from the board by the appointing body at any time, for cause, after notice and hearing, in the same manner and by the same authority as provided for removal of registrars. SECTION 6. In the event a vacancy occurs in the office of any appointed member before the expiration of his or her term, by removal, death, resignation, or otherwise, the original appointing body shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 2 of this Act. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members. SECTION 7. Before entering upon the member's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. 4840 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 8. (a) The board shall be authorized to organize itself, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and 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. (b) 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 meetings and shall meet not fewer than six times per year. Any specially called meeting shall be called by the chairperson or any two members. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review. (c) The board shall have the authority to contract with any municipality located within Twiggs County for the holding by the board of any primary or election to be conducted within such municipality. SECTION 9. (a) The chairperson of the board shall receive an annual salary of not less than $18,500.00 nor more than $20,500.00, the exact amount to be determined by the Board of Commissioners of Twiggs County, to be paid in equal monthly installments from county funds. The other members of the board shall be compensated at a rate of not less than $12.00 per hour to be fixed by the board subject to the approval of the Board of Commissioners of Twiggs County. (b) The compensation of clerical assistants and other employees of the board of elections and registration shall be at a rate of not less than $9.00 per hour to be fixed by the board subject to the approval of the Board of Commissioners of Twiggs County. SECTION 10. (a) The Twiggs County Board of Elections and Registration shall be empowered with all powers and duties relating to the conduct of elections as election superintendent pursuant to provisions of Title 21 of the O.C.G.A. (b) The Twiggs County Board of Elections and Registration is empowered with all ofthe powers and duties relating to the registration ofvoters and absentee balloting procedures as board of registrars pursuant to the provisions of Title 21 of the O.C.G.A. (c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 ofthe O.C.G.A. and shall be construed liberally so as to effectuate that purpose. ____________GEORGIA LAWS 2002 SESSION_________4841 (d) The board shall propose an annual budget to the county governing authority for approval or negotiation detailing the expenditures necessary for the execution of its duties. SECTION 11. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and 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 12. The chairperson of the board of elections and registration shall be the chief executive officer 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 13. The Board of Commissioners of Twiggs County shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the Board of Commissioners of Twiggs County shall deem appropriate. SECTION 14. This Act shall become effective on January 1, 2003. On January 1, 2003, the superintendent of elections and the board of registrars shall be relieved of all powers and duties to which the Twiggs County Board ofElections and Registration succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties. At such time, the Board of Registrars of Twiggs County shall stand abolished. SECTION 15. All laws and parts of laws in conflict with this Act are repealed. Notice is given that there will be introduced at the Regular 2002 Session of the General Assembly of Georgia a bill to create a board of elections and registration for Twiggs County and provide for its powers and duties; to provide for the composition of the board and the method of appointment, qualification, and terms ofits members; to provide for resignation, succession, and removal ofmembers and for filling vacancies; to provide for oaths and privileges; to provede 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 4842 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II certain purposes; to provide for compensation of the chairperson and members of the board; to provede for offices and equipment; to provide for the meaning of certain items; to repeal conflicting laws; and for other purposes. 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 Twiggs Times which is the official organ of Twiggs County on the following date: January 30, 2002. (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 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 to be annexed 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 11th day of February, 2002 ____________GEORGIA LAWS 2002 SESSION________4843 s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. TATTNALL COUNTY - BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 631 (House Bill No. 1392). AN ACT To amend an Act creating the Tattnall County Board ofElections, approved March 27, 1995 (Ga. L. 1995, p. 3869), so as to change said board to the Tattnall County Board of Elections and Registration; to change the name of said board; to provide that the board shall have the powers and duties of the board of registrars; to delete obsolete provisions relating to appointment of the initial members of the board; to provide for the transfer of powers and duties and all equipment, supplies, books, records, and materials pertaining to such powers and duties from the board of registrars to the board of elections and registration; to abolish the board of registrars; 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 Tattnall County Board of Elections, approved March 27,1995 (Ga. L. 1995, p. 3869), is amended by striking Section 1 and inserting in lieu thereof the following: "SECTION 1. There is created in and for Tattnall County the Tattnall County Board of Elections and Registration, sometimes referred to in this Act as the "board.1 The board is empowered with the powers and duties of the election superintendent relating to the conduct of primaries and elections and shall have the powers and duties ofthe board ofregistrars relating to the registration ofvoters and absentee balloting procedures." 4844 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2. Said Act is further amended by striking Section 4 and inserting in lieu thereof the following: "SECTION 4. All appointees to the board shall serve for a term of two years beginning on the first day of January immediately following the expiration of such member's respective predecessor's term of office and until a successor is appointed and qualified, except in the event of a resignation or removal as provided in this Act." SECTION 3. Said Act is further amended by striking Section 19 and inserting a new Section 19 to read as follows: "SECTION 19. On July 1,2002, the board ofregistrars ofTattnall County shall be relieved from all powers and duties to which the board succeeds by the provisions of this Act. On and after July 1,2002, no member of the board of registrars shall be entitled to any salary or salary supplement to which he or she may have been entitled as a result of holding such position. The board of registrars 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 Tattnall County shall be abolished." SECTION 4. It shall be the duty of the governing authority of Tattnall County to require the attorney therefor to submit this Act to the United States Attorney General for approval, pursuant to Section 5 of the federal Voting Rights Act of 1965. 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 2002 session of the General Assembly of Georgia a bill to amend an Act creating the Tattnall County Board of Elections, approved March 27,1995 (Ga. L. 1995, p. 3869), and for other purposes. This 22nd day of January, 2002. Representative Terry Barnard 154th District ____________GEORGIA LAWS 2002 SESSION_________4845 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry 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 Glennville Sentinel which is the official organ of Tattnall County on the following date: January 24, 2002. (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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/TERRY BARNARD Terry Barnard Representative, 154th District Sworn to and subscribed before me, this 29th day of January, 2002. 4846 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. DEKALB COUNTY CIVIC CENTER AUTHORITY - QUORUM. No. 632 (House Bill No. 1395). AN ACT To amend an Act creating the DeKalb County Civic Center Authority, approved April 4, 1996 (Ga. L. 1996, p. 4216), as amended, so as to change provisions relating to the number of members constituting a quorum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the DeKalb County Civic Center Authority, approved April 4,1996 (Ga. L. 1996, p. 4216), as amended, is amended by striking in its entirety subsection (f) of Section 3 and inserting in lieu thereof the following: "(f) A majority of the members of the authority who are duly appointed and who are currently serving as members 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." 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 2002 regular session of the General Assembly of Georgia a bill to amend an Act creating the DeKalb County Civic Center Authority, approved April 4,1996 (Ga. L. 1996, p. 4216), as amended, so as to change provisions relating to the number of members constituting a quorum; and for other purposes. This 10 day of January, 2002. ____________GEORGIA LAWS 2002 SESSION_________4847 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michele Henson, who on oath deposes and says that she is the Representative from the 65th 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: January 31, 2002. (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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/MICHELE HENSON Michele Henson Representative, 65th District Sworn to and subscribed before me, this 7 day of February, 2002. 4848 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL) Approved April 25, 2002. BEN HILL COUNTY - MOTOR VEHICLE REGISTRATION PERIOD. No. 633 (House Bill No. 1426). AN ACT To repeal an Act providing for a nonstaggered four-month vehicle registration period for Ben Hill County, approved March 25, 1996 (Ga. L. 1996, p. 3615); to specify the vehicle registration period for Ben Hill County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for a nonstaggered four-month vehicle registration period for Ben Hill County, approved March 25,1996 (Ga. L. 1996, p. 3615), is repealed effective January 1,2004. Accordingly, on and after January 1,2004, the registration period for vehicles in Ben Hill County, including without limitation those vehicles for which registration and licensing is issued in calendar year 2003 for expiration in calendar year 2004, shall be as provided by subparagraph (a)( 1)(A) ofCode Section 40-2-21 ofthe O.C.G.A. or as otherwise provided by general law for those counties for which local Acts providing for four-month registration periods have not been enacted. 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 2002 Session of the General Assembly of Georgia a bill providing that motor vehicles shall be registered and licensed to operate in Ben Hill County during 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. _____________GEORGIA LAWS 2002 SESSION__________4849 This 30 day of January, 2002. Linda Faye Taylor Tax Commissioner Ben Hill County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who on oath deposes and says that he is 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 Herald-Leader which is the official organ of Ben Hill County on the following date: February 6, 2002. (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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/NEWT HUDSON Newt Hudson Representative, 156th District 4850 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Sworn to and subscribed before me, this 14th day of February, 2002. s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL) Approved April 25, 2002. RABUN COUNTY - FORM OF GOVERNMENT; ADVISORY REFERENDUM. No. 634 (House Bill No. 1429). AN ACT To provide for an advisory referendum election to be held in Rabun County for the purpose of determining the form of county government desired by the people of Rabun County; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. It is the purpose of this Act to provide for an advisory referendum within Rabun County to determine the form ofcounty government desired by the people ofRabun County. SECTION 2. (a) It shall be the duty of the election superintendent of Rabun County to issue the call for an advisory referendum election for the purpose of submitting a question to the voters of said county to determine the form of county government desired by the people of Rabun County. The superintendent shall conduct the election on the date of the state-wide general primary in 2002. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Rabun County. The ballot shall have printed thereon the following: ____________GEORGIA LAWS 2002 SESSION_________4851 "Advisory Referendum Election "YES ( ) Should the Board of Commissioners of Rabun County be increased from three members to five members?" NO ( ) (b) It shall be the duty ofthe election superintendent ofRabun County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose senatorial or representative district lies wholly or partially within Rabun County. The expense of such election shall be borne by Rabun County. (c) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Rabun County and is for a public purpose and is an essential governmental function for which public funds may be expended. 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 2002 regular session of the General Assembly of Georgia a bill to provide for an advisory referendum election to be held in Rabun County for the purpose of determining the form of county government desired by the people of Rabun County; and for other purposes. This the 24 day of January, 2002. 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 Clayton Tribune which is the official organ of Rabun County on the following date: January 24, 2002. (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. 4852 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 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 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 14 day of February, 2002. s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL) Approved April 25, 2002. POLK COUNTY - BOARD OF EDUCATION; DISTRICTS. No. 635 (House Bill No. 1815). AN ACT To amend an Act providing a new Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, particularly by an Act approved March 29,1994 (Ga. L. 1994, p. 4353), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for related matters; to provide for submission of this Act for ____________GEORGIA LAWS 2002 SESSION__________4853 preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new Board ofEducation for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4353), is amended by striking Section 1 and inserting in lieu thereof a new Section 1 to read as follows: "SECTION 1. (a) The Board ofEducation ofPolk County shall be composed ofnine members who shall be elected as provided in this Act. For the purpose of electing members of the board, Polk County shall be divided into nine education districts which shall be and correspond to those nine numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: polksbwk2 Plan Type: LOCAL User: Shantee Administrator: CNTY-POLK. (b) When used in such attachment, the terms Tract' and 'BG' (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 2000 for the State ofGeorgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Polk County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State ofGeorgia. Any part ofPolk County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of2000 for the State ofGeorgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia." SECTION 2. The members of the board serving on the effective date of this Act shall continue to serve the new education district the number of which corresponds to the education district from which they were elected for the remainder oftheir terms and until their successors are elected and qualified. 4854 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 3. It shall be the duty of the attorney for the Board of Education of Polk County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Plan Name: polksbwk2 Plan Type: LOCAL User: Shantee Administrator: CNTY-POLK Redistricting Plan Components Report District 001 Polk County Tract: 9902 BG:4 4038 4039 4040 4041 4042 4043 4045 4046 4047 4048 4049 4050 4051 4052 BG:5 5008500950105011 Tract: 9904 BG: 1 1018 1020 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 BG:3 3000 3001 3002 3003 3004 3005 3015 3016 3018 3019 Tract: 9905 BG:2 2019 2020 2021 2032 2033 2034 2035 2037 BG:3 BG:4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 BG:5 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5035 5036 5037 BG:6 ____________GEORGIA LAWS 2002 SESSION__________4855 6022 District 002 Polk County Tract: 9903 BG:3 3012 3031 3032 3033 3034 3035 3042 3064 3065 3066 3067 3068 Tract: 9904 BG: 1 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1998 BG:3 3007 3008 3009 3010 3011 3012 3013 3014 3017 3020 3021 3022 3023 3024 3025 3026 3027 3028 BG:4 BG:5 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 Tract: 9905 BG:5 5023 5024 5025 5026 5028 5029 5030 5031 5032 5033 5034 5038 5039 5040 BG:6 6026 District 003 Polk County Tract: 9902 BG:4 4022 4023 4024 4029 4030 4044 Tract: 9903 BG: 1 1051 1054 1055 1056 1066 1067 1068 1069 1070 1071 1072 1073 1075 1076 1077 1997 BG:2 2016 2018 2019 2020 2021 2022 2023 2027 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3036 3037 3038 3039 3040 3041 4856 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3069 3070 3071 3072 3073 3074 3075 3076 Tract: 9904 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1999 EG: 2 2013 2022 BG:3 3006 Tract: 9905 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 10191020 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2036 District 004 Polk County Tract: 9902 BG: 1 1030 1031 1032 1033 BG:3 3006 3007 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3999 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4025 4026 4027 4028 4031 4032 4033 4034 4035 4036 4037 BG:5 5007 5012 5013 5029 5030 5031 5032 Tract: 9903 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1052 1053 1057 1058 1059 1060 1061 1062 1063 1064 1065 1074 1078 1998 1999 BG:2 ___________GEORGIA LAWS 2002 SESSION________4857 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2017 2024 2025 2026 2028 2029 2030 2031 20322033204920502051 Tract: 9905 BG: 1 1000 1001 1002 1003 1004 District 005 Polk County Tract: 9902 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2999 BG:3 3000 3001 3002 3003 3004 3005 3008 3009 3010 3011 BG:5 5000 5001 5002 5003 5004 5005 5006 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5033 5034 5035 5036 5037 5038 5039 5040 5041 Tract: 9905 BG:4 400140024003 District 006 Polk County Tract: 9901 BG:1 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1050 1051 1059 BG:2 BG:3 BG:4 4858 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 4000 4001 4002 4003 4006 4007 4008 4009 4010 4011 4012 4013 401740224035 Tract: 9906 BG: 1 1005 10101011 BG:2 2000 2001 2006 District 007 Polk County Tract: 9901 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1048 1049 1052 1053 1054 1055 1056 1057 1058 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 Tract: 9906 BG:1 1000 1001 1002 1003 1004 1006 1007 1008 1009 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 Tract: 9907 BG: 1 BG:2 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3012 3013 301430153016301730183019 BG:4 BG:5 5000 5001 5002 5003 5004 5005 5043 5044 5045 5046 5047 5049 5999 District 008 Polk County Tract: 9904 BG:5 5000 5001 5002 5003 5004 5050 5051 5052 5053 5054 5055 5056 5057 5058 5999 Tract: 9906 BG: 1 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 ____________GEORGIA LAWS 2002 SESSION__________4859 1088 1089 1090 BG:2 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2035 2036 2037 2038 2039 2040 2041 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4996 4997 4998 Tract: 9907 BG:3 3010 3011 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 BG:5 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5048 5995 5996 5997 5998 District 009 Polk County Tract: 9901 BG:4 4004 4005 4014 4015 4016 4018 4019 4020 4021 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 Tract: 9902 BG:2 20502051 Tract: 9905 BG:4 4000 BG:5 5000 5027 BG:6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6023 6024 6025 6027 6028 6029 6030 6031 6032 6033 6034 6035 6999 Tract: 9906 BG:2 2002 2003 2004 2005 2022 2023 2024 2025 2026 2027 2028 2029 20302031203220332034 4860 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BG:3 3012301330143015 BG:4 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4999 NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 2002 regular session of the General Assembly of Georgia Legislation to amend an Act providing new election district boundary lines for the Board of Education of Polk County, approved March 28, 1995 (Ga. L. 1985, p. 4985), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4353), so as to re-apportion and redistrict said Board; to provide for related matters; and for other purposes. This 19th Day of March, 2002. Tommy Sanders, Chairman Polk County School District Michael H. York, Sr. Attorney for Polk School District P. O. Box 246 Cedartown, GA 30125 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cummings, who on oath deposes and says that he is the Representative from the 27th 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 19, 2002. (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 2002 SESSION__________4861 __ 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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/BILLCUMMINGS Bill Cummings Representative, 27th District Sworn to and subscribed before me, this 27th day of March, 2002. s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL) Approved April 25, 2002. WORTH COUNTY - BOARD OF COMMISSIONERS; DISTRICTS. No. 636 (House Bill No. 1802). AN ACT To amend an Act creating and establishing a board of commissioners of Worth County, approved August 15,1904 (Ga. L. 1904, p. 842), as amended, particularly by an Act approved April 15,1992 (Ga. L. 1992, p. 6263), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department 4862 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating and establishing a board of commissioners of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 842), as amended, particularly by an Act approved April 15, 1992 (Ga. L. 1992, p. 6263), is amended by striking subsections (a) and (b) of Section 2 and inserting in lieu thereof the following: "(a) For purposes of electing the chairperson and members of the board of commissioners of Worth County, there shall be five commissioner districts to be designated Commissioner Districts 1 through 5, and one commissioner shall be elected from each district. Commissioner District 5 shall consist of the entirety of Worth County. For the purpose of electing the four remaining commissioners, Worth County shall be divided into four commissioner districts which shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: worths Plan Type: Local User: Gina Administrator: Worth Co. (b) When used in such attachment, the terms 'Tract' and 'BG' (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 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Worth County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Worth County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia." SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the board of commissioners of Worth County are to be elected in the November, 2002, general election and in subsequent general elections, and this Act results from ____________GEORGIA LAWS 2002 SESSION_________4863 changes in population based on the United States decennial census of 2000. It is not the intention ofthe General Assembly to affect the membership ofcurrent members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members. SECTION 3. It shall be the duty of the attorney of the board of commissioners of Worth County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2002 ofmembers ofthe board ofcommissioners ofWorth County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2003. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan Name: worth3 Plan Type: Local User: Gina Administrator: Worth Co. Redistricting Plan Components Report District 001 Worth County Tract: 9502 BG: 1 1044 1045 1046 1047 1048 1049 1050 1064 1065 BG:2 2040 2041 2042 2043 2044 2045 2046 2047 2052 2053 2054 2055 BG:3 3003 3005 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 BG:4 4015401640194020 Tract: 9504 BG: 1 12101211 12121216 Tract: 9505 BG: 1 4864 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1066 1999 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2047 2997 2999 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3069 3070 3074 District 002 Worth County Tract: 9502 BG: 1 1000 1001 1002 1006 1009 1010 1011 1012 1013 1014 1015 1024 1025 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4017 4018 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4998 4999 Tract: 9504 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 ____________GEORGIA LAWS 2002 SESSION__________4865 110811091110 1111 11121113 11141115 11161117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1213 1214 1215 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1998 1999 BG:2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2019 2020 2021 2022 2023 2024 2025 2027 2047 2048 Tract: 9505 BG:3 30683071307230733999 District 003 Worth County Tract: 9501 Tract: 9502 BG: 1 1003 1004 1005 1007 1008 1016 1017 1018 1019 1020 1021 1022 1023 1028 1066 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2048 2049 2050 2051 2056 2057 2058 2059 2060 2061 2062 2996 2997 2998 2999 BG:3 3000 3001 3002 3004 3006 3013 District 004 Worth County Tract: 9504 BG:2 2000 2001 2002 2003 2016 2017 2018 2026 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 BG:3 Tract: 9505 4866 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BG: 1 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1065 1067 1068 1069 1070 1998 BG:2 2046 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2996 2998 Tract: 9506 March 19, 2002 Mr. Ray Holland Georgia House of Representatives State Capitol Atlanta, Georgia Re: Revised voting districts Worth County Commissioners and Worth County Board of Education Dear Ray: Transmitted herewith please find abstract of minutes of meeting of Worth County Board of Commissioners and Worth County Board of Education certified by the respective custodians of the records as relates to the new voting districts for each of these local governments. Please note that the Board of Commissioners' minutes clearly request that you are to introduce local legislation for this purpose and the Board of Education has also expressly requested your assistance in getting the necessary legislation passed. I hope that these items are sufficient; if not, please let me know. I enjoyed and appreciate our additional conversation today and will continue to keep in touch with you. Sincerely yours, Clarence A. Miller s/ Clarence A. Miller CAM/mjm PS. Also transmitted are copies of publication, re: Intent to Introduce Local Legislation ____________GEORGIA LAWS 2002 SESSION__________4867 Georgia, Worth County ABSTRACT OF MINUTES OF MEETING OF THE WORTH COUNTY BOARD OF COMMISSIONERS "-Proposed Redistricting Maps: Three plans have been submitted by the Reapportionment Services Office, Atlanta for redistricting. Once approved by the County Commissioners, a map and stat sheet is to be signed by all board members for presentation to the School Board, likewise approve. Once approved by both boards, signed map and stat sheet is to be submitted to Representative Ray Holland, whereby he will have the Notice of Intent published regarding Local Legislation and have a bill introduced to the General Assembly for passage. During and/or after which time the new reapportionment Commissioner Districts and School Districts map shall be sent to the U.S. Justice Department for approval as required by law. Mrs. Bozeman motioned to accept Plan 3 as proposed by the Reapportionment Services Office and attach word description to map when it becomes available. Mr. Smoak seconded. Yes votes from Mr. Dent and Mr. Gaines." I, Nell Ford, Clerk to the Worth County Board ofCommissioners hereby certify the above and foregoing is a true abstract of minutes of meeting of the Worth County Board of Commissioners held the 17th day of January 2002 at a public meeting with a quorum present. Meeting held in the Commission Board Room, 3rd Floor Courthouse. This 19th day of March 2002. Nell Ford s/ Nell Ford County Clerk NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the Regular 2002 Session of the General Assembly of Georgia a bill to amend an Act creating and establishing a Board of Commissioners and Roads and Revenues of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 842), as amended; and for other purposes. 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: 4868 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (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: February 27, 2002. (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 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 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 25 day of March, 2002. s/DEANACOKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. ____________GEORGIA LAWS 2002 SESSION_________4869 CHEROKEE COUNTY - BOARD OF EDUCATION; DISTRICTS. No. 637 (House Bill No. 1794). AN ACT To amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 24, 1992 (Ga. L. 1992, p. 5044), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 24, 1992 (Ga. L. 1992, p. 5044), is amended by striking Section 2 and inserting a new Section 2 to read as follows: "SECTION 2. (a) For the purpose of electing members to the Cherokee County Board of Education, the Cherokee County School District is divided into seven education districts which shall be and correspond to those seven numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: chersb5 Plan Type: LOCAL User: Blake Administrator: Cherokee Co. (b) When used in such attachment, the terms Tract' and 'BG' (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 2000 for the State ofGeorgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Cherokee County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Cherokee County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to 4870 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (c) The present members of the board of education shall serve for the terms of office for which they were elected and until their successors are elected and qualified as provided in Section 3. Members of the board of education shall be deemed to represent the education district provided for in subsection (a) of this section which number corresponds to the education district for which they were elected. Beginning with the primary and general elections held in 2002 and thereafter at which members ofthe board ofeducation are elected, members shall be elected from the education districts provided for in subsection (a) of this section." SECTION 2. It shall be the duty of the attorney for the Board of Education of Cherokee County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Plan Name: chersbS Plan Type: LOCAL User: Blake Administrator: Cherokee Co Redistricting Plan Components Report District 001 Cherokee County Tract: 903 BG: 1 1046 1047 1048 1991 1993 1994 1997 1998 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 2012 2013 201429972999 Tract: 906.01 BG:3 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 BG:4 ___________GEORGIA LAWS 2002 SESSION__________4871 BG:6 Tract: 906.02 BG:2 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 BG:5 Tract: 907.01 BG:3 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4024 4025 4026 4030 4031 4032 4033 4034 4035 4036 4037 4038 4040 4041 4042 4043 4044 4045 4046 4047 4048 4050 4051 4053 BG:6 60006015 Tract: 907.02 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 BG:2 BG:7 Tract: 908.01 BG:6 6006 6007 6008 6015 6016 6017 6018 6019 6020 6021 BG:7 7001 7002 7003 7004 7005 7006 7007 7008 District 002 Cherokee County Tract: 905.01 BG:2 2011 2012 2013 2014 2015 2016 2017 2018 2021 2022 2023 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 Tract: 905.02 BG:3 3010 3011 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3028 3029 3999 BG:4 BG:5 4872 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 5005 5006 5007 5008 5009 5010 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5999 BG:6 Tract: 906.01 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3089 3090 3091 3092 3093 Tract: 906.02 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Tract: 907.02 BG: 1 1000 Tract: 908.01 BG:4 BG:5 5000 BG:6 6000 6001 6002 6003 6004 6005 6009 6010 6011 6012 6013 6014 Tract: 908.02 BG: 1 BG:2 20002001 2002 BG:3 District 003 Cherokee County Tract: 908.01 BG:5 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 50135014 BG:7 7000 Tract: 908.02 BG:2 2003 2004 Tract: 909.01 Tract: 909.02 Tract: 909.03 ____________GEORGIA LAWS 2002 SESSION__________4873 BG:2 2000 2001 2002 2003 2004 2005 BG:5 BG:6 District 004 Cherokee County Tract: 903 BG:2 2008 2009 Tract: 907.01 BG:4 4021 4022 4023 4027 4028 4029 4039 4997 BG:6 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6016 6017 6018 6019 6020 6021 6022 6023 6024 6998 6999 Tract: 910.04 BG:3 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3996 3997 3998 Tract: 910.06 Tract: 911.01 District 005 Cherokee County Tract: 910.03 BG: 1 BG:2 2000 2001 2005 2006 2015 2016 2017 2018 2019 2020 2021 2022 2023 BG:3 Tract: 911.02 Tract: 911.03 District 006 Cherokee County Tract: 907.01 BG:4 4049 4052 4998 4999 Tract: 908.01 BG:7 7999 Tract: 909.03 4874 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BG: 1 BG:2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 BG:3 BG:4 Tract: 910.01 Tract: 910.03 BG:2 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2014 Tract: 910.04 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3995 3999 Tract: 910.05 District 007 Cherokee County Tract: 901 Tract: 902 Tract: 903 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1049 1050 1051 1052 1053 1054 1055 1992 1995 1996 1999 BG:2 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2992 2993 2994 2995 2996 2998 Tract: 904 Tract: 905.01 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2019 2020 2024 2025 2026 2027 2028 2029 Tract: 905.02 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3012 3026 3027303030313032 ___________GEORGIA LAWS 2002 SESSION_________4875 BG:5 50005001 5002500350045011 50125013501450155016 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2002 session of the General Assembly of Georgia a bill to amend an Act which provides for the membership on the Cherokee County Board ofEducation approved April 17,1973 (Ga. L. 1973 P. 3207) as amended; and for other purposes. 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: March 1, 2002. (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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. 4876 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II s/ CHARLES F. SCHEID, III Charles F. Scheid, III Representative, 17th District Sworn to and subscribed before me, this 22nd day of March, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. CHEROKEE COUNTY - BOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS; TERMS. No. 638 (House Bill No. 1793). AN ACT To amend an Act creating a board of commissioners for Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), as amended, particularly by an Act approved March 24, 1992 (Ga. L. 1992, p. 5036), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a board of commissioners for Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), as amended, particularly by an Act approved March 24, 1992 (Ga. L. 1992, p. 5036), is amended by striking subsections (b) through (e) of Section 2 and inserting in lieu thereof new subsections (b) through (e) to read as follows: "(b) The Eastern District shall be composed of the territory included in Commissioner Districts 1 and 2. The Western District shall be composed of the territory included in Commissioner Districts 3 and 4. ____________GEORGIA LAWS 2002 SESSION_________4877 (c) Commissioner Districts 1 through 4 shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: cherccS Plan Type: Local User: Shantee Administrator: Cherokee. (d) When used in such attachment, the terms Tract' and 'BG' (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 2000 for the State ofGeorgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Cherokee County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Cherokee County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (e) Commissioner Districts 1, 2, 3, and 4 as they existed on January 1, 2002, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act." SECTION 2. Said Act is further amended by striking Section 3 and inserting in lieu thereofa new Section 3 to read as follows: "SECTIONS. (a) The members of the board of commissioners in office on January 1, 2002, representing former Commissioner Districts 1 and 4 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 2002. At the general election in 2002 and every four years thereafter, members ofthe board shall be elected from Commissioner Districts 1 and 4 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. 4878 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (b) The members of the board of commissioners in office on January 1, 2002, representing former Commissioner Districts 2 and 3 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 2004. At the general election in 2004 and every four years thereafter, members ofthe board shall be elected from Commissioner Districts 2 and 3 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election." SECTION 3. It shall be the duty of the attorney for the governing authority of Cherokee County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Plan Name: chercc3 Plan Type: Local User: Shantee Administrator: Cherokee Redistricting Plan Components Report District 001 Cherokee County Tract: 901 Tract: 902 Tract: 903 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 2012 2013 2014 2015 2016 2017 2018 2023 2024 2025 2026 2027 2028 2997 2998 2999 Tract: 904 Tract: 905.01 Tract: 905.02 BG:3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3012 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4014401940204021 BG:5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5030 5031 5033 5034 5035 5036 5037 BG:6 ___________GEORGIA LAWS 2002 SESSION__________4879 Tract: 906.01 Tract: 906.02 District 002 Cherokee County Tract: 905.02 BG:3 3000 3010 3011 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3999 BG:4 4012 4013 4015 4016 4017 4018 4022 4023 4024 4025 4026 4027 4028 4029 4030 4997 4998 4999 BG:5 5024 5025 5026 5027 5028 5029 5032 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5999 Tract: 907.01 BG:4 4041 4042 4043 4044 4045 4046 4053 Tract: 907.02 BG:2 2035 2039 2040 2041 2049 2050 BG:7 7048 7049 7051 7052 7053 7054 7057 7062 7063 7064 Tract: 908.01 BG:4 4000 4001 4002 4003 4004 4005 4006 4009 4012 4013 4998 4999 BG:5 BG:6 6000 6001 6002 6003 6004 6005 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 BG:7 7000 7001 7002 7003 7004 7005 7006 7007 7008 Tract: 908.02 Tract: 909.01 Tract: 909.02 Tract: 909.03 BG:5 BG:6 District 003 Cherokee County Tract: 903 BG:2 2008 2009 2019 2020 2021 2022 2029 2030 2031 2032 2033 2992 4880 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 2993 2994 2995 2996 Tract: 907.01 BG:3 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4047 4048 4049 4050 4051 4997 BG:6 Tract: 907.02 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2042 2043 2044 2045 2046 2047 2048 BG:7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7015 7016 7017 7018 7019 7020 7021 7022 7023 7024 7025 7026 7027 7028 7029 7030 7031 7032 7033 7034 7035 7036 7037 7038 7039 7040 7041 7042 7043 7044 7045 7046 7047 7050 7055 7056 7058 7059 7060 7061 Tract: 908.01 BG:4 4007400840104011 BG:6 6006 6007 6008 Tract: 910.03 BG:3 Tract: 910.04 BG:3 3026 3036 Tract: 911.01 Tract: 911.02 Tract: 911.03 District 004 Cherokee County Tract: 907.01 BG:4 4052 4998 4999 Tract: 908.01 BG:7 7999 ____________GEORGIA LAWS 2002 SESSION__________4881 Tract: 909.03 BG:1 BG:2 BG:3 BG:4 Tract: 910.01 Tract: 910.03 BG: 1 BG:2 Tract: 910.04 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3027 3028 3029 3030 3031 3032 3033 3034 3035 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3995 3996 3997 3998 3999 Tract: 910.05 Tract: 910.06 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2002 session of the General Assembly of Georgia a bill to amend an Act which creates the Board of Commissioners of Cherokee County, approved March 30, 1989 (Ga. L. 1989, P. 4295 as amended; and for other purposes. 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: March 1, 2002. (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. 4882 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 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 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 22nd day of March, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. MONROE COUNTY - BOARD OF EDUCATION; DISTRICTS. No. 639 (House Bill No. 1781). AN ACT To amend an Act entitled "An Act to reconstitute the Board ofEducation ofMonroe County, Georgia," approved February 25, 1993 (Ga. L. 1993, p. 3857), so as to change the description of the districts from which members of such board are elected; to define certain terms; to provide for the submission of this Act for approval pursuant to Section 5 ofthe federal Voting Rights Act of 1965; to provide effective dates; to repeal conflicting laws; and for other purposes. ____________GEORGIA LAWS 2002 SESSION_________4883 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled "An Act to reconstitute the Board ofEducation ofMonroe County, Georgia," approved February 25, 1993 (Ga. L. 1993, p. 3857), is amended by striking subsections (b) and (c) of Section 2 and inserting in lieu thereof the following: "(b) For purposes of electing a Board of Education of Monroe County, the Monroe County School District shall be divided into seven education districts as provided in this subsection. One member of the board shall be elected from each such district by the voters voting in only such district. The seven education districts shall be and correspond to those seven numbered districts described in and attached to and made a part of the 2002 amendatory Act to this Act and further identified as Plan Name: monroesblr Plan Type: Local User: Blake Administrator: Monroe. (c) When used in such attachment, the terms Tract' and 'BG' (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 2000 for the State ofGeorgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the Monroe County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the Monroe County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries ofthat city as shown on the census map for the United States decennial census of 2000 for the State of Georgia." SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Monroe County are to be elected in the November, 2002, general election and in subsequent general elections, and this Act results from changes in population based on the United States decennial census of2000. It is not the intention ofthe General Assembly to affect the membership ofcurrent members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of 4884 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members. SECTION 3. It shall be the duty of the attorney of the Board of Education of Monroe County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2002 of members of the Board of Education of Monroe County shall become effective upon its approval by the Governor or upon its becoming law without such approval; and this Act shall otherwise become effective January 1, 2003. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan Name:monroesblr Plan Type: Local User: Blake Administrator: Monroe Redistricting Plan Components Report District 001 Monroe County Tract: 501 BG: 1 1085 1086 1087 1088 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 112611271128 BG:3 310831093110311131123113311431153116311731183119 3120 3121 3122 3123 3126 3127 3133 3989 Tract: 502 BG: 1 1052 1053 1054 1055 1057 1058 1059 1065 1066 1067 1077 BG:2 2011 2012 2013 2014 2015 2018 2019 2020 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 BG:3 3002 3003 3004 3005 3006 3007 3019 3020 3021 3028 3029 3030 3031 3032 3033 3034 3035 3036 3039 3041 3042 3045 3046 3047 District 002 Monroe County _________GEORGIA LAWS 2002 SESSION_________4885 Tract: 502 BG:2 2041 2042 2043 2044 2045 2046 2049 BG:3 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3022 3023 3024 3025 3026 3027 3043 3044 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 310631073108310931103999 Tract: 503 BG: 1 1052 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1989 1990 1991 1992 1993 BG:2 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2063 2064 2065 2066 2067 2996 2997 2998 District 003 Monroe County Tract: 501 BG: 1 1075 1076 1077 1078 1079 1080 1082 1083 1084 1089 1090 1091 1113 19941995 BG:2 2051 2052 2054 2055 2056 2057 2058 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 BG:3 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3034 3056 3057 3058 3063 3064 3065 3066 3067 3068 3136 3137 3994 3995 3997 Tract: 502 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 4886 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 1049 1050 1051 1056 1098 1099 BG:2 2016 2017 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2047 2048 20502051205220532054 BG:3 3091 District 004 Monroe County Tract: 501 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1081 1996 1997 1998 1999 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2053 2059 2060 2061 2062 2063 2997 2998 2999 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3990 3991 3992 3993 3998 3999 Tract: 502 BG: 1 1000 District 005 Monroe County Tract: 501 BG:3 3031 3032 3033 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3059 3060 3061 3062 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3124 3125 3128 3129 3130 313131323134313531383996 Tract: 502 ____________GEORGIA LAWS 2002 SESSION__________4887 BG: 1 1060 1061 1062 1063 1064 1068 1069 1070 1071 1072 1073 1074 1075 1076 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 BG:2 2000 2001 2002 2003 2004 2005 2085 2086 2087 2088 2089 Tract: 503 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1035 1036 1037 1111 1112 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1994 1996 1997 1998 1999 BG:3 3000 3001 3002 3004 3005 3006 3021 3022 3999 District 006 Monroe County Tract: 502 BG:2 2006 2007 2008 2009 2010 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 BG:3 3000 3001 3037 3038 3040 3070 3071 3072 3073 311131123113 31143115 Tract: 503 BG: 1 1030 1031 1032 1033 1034 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1053 1054 1055 1056 1057 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1113 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 11641165 1995 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2061 2062 2068 2069 2070 2071 2072 2073 2074 2075 2076 2999 BG:3 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3043 3044 3045 3049 3050 3051 3054 3055 3056 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3997 3024 3039 3058 3059 3060 3062 3063 3064 3065 3066 3069 3086 3088 3089 3095 3096 4888 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II District 007 Monroe County Tract: 503 BG:3 3003 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3046 3047 3048 3052 3053 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105310631073998 Notice is given that there will be introduced at the Regular 2002 Session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to reconstitute the board of Education of Monroe County, Georgia," approved February 25, 1993 (Ga. L. 1993, p. 3857); and for other purposes. 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 20, 2002. (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 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 2002 SESSION_________4889 __ 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 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, 11 Oth District Sworn to and subscribed before me, this 22nd day of March, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. CATOOSA COUNTY - BOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS; TERMS. No. 640 (House Bill No. 1776). AN ACT To amend an Act creating the office ofcommissioner ofCatoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved February 6, 1992 (Ga. L. 1992, p. 4501), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method ofelection; to provide for submission ofthis Act for preclearance pursuant to Section 5 ofthe federal Voting Rights Act of 1965, as amended; 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. An Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved February 6, 1992 (Ga. L. 1992, p. 4501), is amended by striking Section 4890 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 2 and inserting in lieu thereof a new Section 2 to read as follows: "SECTION 2. (a) For the purpose electing members of the board of commissioners, Catoosa County shall be divided into five commissioner districts. Commissioner Districts 1,2, 3, and 4 shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: catccsb4 Plan Type: Local User: Angela Administrator: Catoosa. Commissioner District 5 shall be comprised of the entire geographic area of Catoosa County. (b) When used in such attachment, the terms Tract' and 'BG' (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 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Catoosa County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Catoosa County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia." SECTION 2. Said Act is further amended by striking Section 3 and inserting in lieu thereofa new Section 3 to read as follows: "SECTION 3. (a) The members of the board who were elected at the general election in November 1998 shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. The members ofthe board who were elected at the general election in November 2000 shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. (b) The first members of the reconstituted board of commissioners of Catoosa County from Commissioner Districts 2 and 4 shall be elected at the general ___________GEORGIA LAWS 2002 SESSION__________4891 election in November 2002. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (c) The first members of the reconstituted board of commissioners of Catoosa County from Commissioner Districts 1,3, and 5 shall be elected at the general election in November 2004. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (d) Successors to members elected under subsections (b) and (c) of this section shall be elected at the November general election next preceding the expiration ofsuch terms ofoffice and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (e) Commissioner Districts 1, 2, 3, 4, and 5 as they existed on January 1,2002, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section." SECTION 3. It shall be the duty ofthe attorney ofthe governing authority of Catoosa County to submit this Act for approval pursuant to Section 5 ofthe federal Voting Rights Act of 1965, as amended. SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2002 of members of the board of commissioners of Catoosa County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2003. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan Name: catccsb4 Plan Type: Local User: Angela Administrator: Catoosa Redistricting Plan Components Report District 001 Catoosa County Tract: 303 BG:4 4030 4031 4032 4033 4034 4035 4036 4041 4042 4043 4044 4045 4046 4063 4065 4066 4069 4070 Tract: 304.01 4892 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BG:4 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 401940204026 BG:5 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5998 5999 Tract: 305 BG:3 3014 Tract: 306 BG:2 BG:3 BG:4 BG:5 Tract: 307 BG: 1 BG:2 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 BG:4 BG:5 BG:6 District 002 Catoosa County Tract: 303 BG:5 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5035 5036 5037 5038 Tract: 304.01 BG:3 BG:4 4000 4001 4002 4003 4004 4005 BG:5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 Tract: 304.02 BG: 1 1016 BG:2 2010 2013 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 ____________GEORGIA LAWS 2002 SESSION__________4893 2025 2026 2027 2028 BG:7 Tract: 305 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 BG:2 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 30123013301530163017 Tract: 306 BG: 1 Tract: 307 BG:3 3026 District 003 Catoosa County Tract: 301 BG: 1 1013 1014 1015 1025 1026 1027 1033 1038 Tract: 302 Tract: 303 BG:4 40004001400240784079 BG:5 5030 5031 5032 5033 5034 5039 5040 5041 Tract: 304.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2014 BG:6 Tract: 305 BG: 1 1000 District 004 Catoosa County 4894 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Tract: 301 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1016 1017 1018 1019 1020 1021 1022 1023 1024 1028 1029 1030 1031 1032 1034 1035 1036 1037 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 BG:2 Tract: 303 BG: 1 BG:4 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4037 4038 4039 4040 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4064 4067 4068 4071 4072 4073 4074 4075 4076 4077 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 Tract: 304.01 BG:4 4006 4021 4022 4023 4024 4025 NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 2002 regular session of the General Assembly of Georgia legislation to amend the Act creating the Office of Commissioner of Catoosa County, approved February 23,1943 (Ga. L. 1943, p. 858), so as to reapportion and to change the composition and manner of election of the Board of Commissioners of Catoosa County; and for other purposes. This 28th day of January, 2002. Ronald L. Forster State Representation, District 3 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: January 30, 2001. ___________GEORGIA LAWS 2002 SESSION_________4895 (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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/RONALD FORSTER Ronald Forster Representative, 3rd District Sworn to and subscribed before me, this 4th day of February, 2002. s/DEANACOKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. 4896 LOCAL AND SPECIAL ACTS AND RESOLUTIONS. VOL. II UPSON COUNTY - BOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS; TERMS. No. 641 (House Bill No. 1767). AN ACT To amend an Act creating a board of commissioners of roads and revenues of Upson County, approved February 1, 1877 (Ga. L. 1877, p. 267), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3883), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a board ofcommissioners ofroads and revenues ofUpson County, approved February 1, 1877 (Ga. L. 1877, p. 267), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3883), is amended by striking subsection (d) of Section 2 and inserting in lieu thereof the following: "(d)( 1) For purposes ofelecting members ofthe board ofcommissioners, other than the chairperson, Upson County is divided into four commissioner districts. One member of the board shall be elected from each such district. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: upsonccl Plan Type: Local User: staff Administrator: Upson. (2) When used in such attachment, the terms Tract' and 'BG' (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 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report ofthe Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Upson County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Upson County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according ____________GEORGIA LAWS 2002 SESSION__________4897 to the United States decennial census of2000 for the State ofGeorgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia.* SECTION 2. Said Act is further amended by striking subsections (a) and (b) of Section 3 and inserting in lieu thereof the following: "(a) Those members of the Board of Commissioners of Upson County who are serving as such on December 31,2001, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after January 1, 2003, the Board of Commissioners of Upson County shall consist of five members all of whom shall be elected from commissioner districts described in subsection (d) of Section 2, except for the member who is chairperson and who is elected at large as provided in subsection (a) of Section 1. (b)(l) The members from Commissioner Districts 3 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2002. Those members of the board elected thereto from Commissioner Districts 3 and 4 in 2002 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2006, and upon the election and qualification of their respective successors. (2) Commissioner Districts 1 and 2, as they exist on December 31,2001, shall continue to be designated as Commissioner Districts 1 and 2, respectively, but as newly described under this Act, and on and after January 1, 2003, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act. (3) The chairperson and members from Commissioner Districts 1 and 2 shall be elected at the general election on the Tuesday next following the first Monday in November, 2004. The chairperson and those members of the board elected thereto from Commissioner Districts 1 and 2 in 2004 shall take office the first day ofJanuary immediately following that election and shall serve for initial terms of office which expire December 31,2008, and upon the election and qualification of their respective successors. (4) Future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members ofthe board shall serve for the terms of 4898 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II office specified therefor in this subsection and until their respective successors are elected and qualified." SECTION 3. It shall be the duty ofthe attorney ofthe Board ofCommissioners ofUpson County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 4. This section and Section 1 ofthis Act and those provisions ofthis Act necessary for the election of members of the Board of Commissioners of Upson County in 2002 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2003. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan Name: upsonccl Plan Type: Local User: staff Administrator: Upson Redistricting Plan Components Report District 001 Upson County Tract: 9901 BG:2 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 Tract: 9904 BG:3 3015 3016 3024 3025 3026 3027 3028 3029 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3996 3998 BG:4 4000 4001 4002 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4039 4040 4999 BG:5 5005 5006 5007 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5997 Tract: 9905 BG: 1 1044 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 ___________GEORGIA LAWS 2002 SESSION__________4899 1057 1058 1059 1060 1061 1062 BG:2 2024 2025 2026 2027 2028 2036 2037 2038 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3020 BG:4 4006 4023 4024 4025 4026 4030 4031 4036 4037 4038 4039 4040 4041 BG:5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5022 5023 5024 5025 5026 5027 5028 5029 Tract: 9906 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2991 2992 2993 2994 2995 2996 2997 2998 2999 District 002 Upson County Tract: 9902.01 BG:4 4047 4048 4049 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 BG:5 5002 5003 5004 5005 5028 5029 5999 Tract: 9902.02 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1997 BG:2 2000 2001 2002 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Tract: 9903 Tract: 9904 BG: 1 4900 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 1006 1007 1008 1009 1010 1011 1013 1014 1015 BG:2 BG:3 3001 3002 3003 3009 3010 3011 3997 Tract: 9906 EG: 2 2990 District 003 Upson County Tract: 9901 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Tract: 9902.01 BG:3 BG:4 4000 4001 4002 4003 4004 4005 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4030 4999 BG:5 5000 5001 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 Tract: 9902.02 BG: 1 1000 1001 1002 1003 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1998 1999 BG:2 2003 2004 2005 2006 2007 Tract: 9905 BG:1 10001001 1010 1011 District 004 Upson County Tract: 9902.01 BG:4 4006 4007 4008 4009 4010 4029 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4050 4051 Tract: 9904 ____________GEORGIA LAWS 2002 SESSION_________4901 BG: 1 1000 1001 1002 1003 1004 1005 1012 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 BG:3 3000 3004 3005 3006 3007 3008 3012 3013 3014 3017 3018 3019 3020 3021 3022 3023 3030 3031 3032 3999 BG:4 4003 4038 4998 BG:5 5000 5001 5002 5003 5004 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5998 5999 BG:6 Tract: 9905 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1045 1999 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2029 2030 2031 2032 2033 2034 2035 2039 2040 2041 2042 2043 2044 2045 2046 2047 BG:3 3018 3019 3021 3022 3023 3024 BG:4 4000 4001 4002 4003 4004 4005 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4027 4028 4029 4032 4033 4034 4035 BG:5 5018501950205021 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that Local Legislation will be introduced by Representative Robert M. (Mack) Crawford in the 2002 session of the Georgia General Assembly for the purpose of making changes in the Upson County Commission district lines. Board of Commissioners of Upson County 4902 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Mallory & Trice, LLP P.O. Drawer 832 Thomaston, GA 30286 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mack 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 Thomaston Times which is the official organ of Upson County on the following date: January 16, 2002. (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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ MACK CRAWFORD Mack Crawford Representative, 129th District Sworn to and subscribed before me, this 18th day of March, 2002. ____________GEORGIA LAWS 2002 SESSION__________4903 s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL) Approved April 25, 2002. PIKE COUNTY - BOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS; TERMS. No. 642 (House Bill No. 1766). AN ACT To amend an Act creating a board of commissioners of roads and revenues for the County of Pike, approved March 17, 1870 (Ga. L. 1870, p. 447), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3562), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a board ofcommissioners ofroads and revenues for the County of Pike, approved March 17,1870 (Ga. L. 1870, p. 447), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3562), is amended by striking subsection (d) of Section 3 and inserting in lieu thereof the following: "(d)(l) For purposes ofelecting members ofthe board ofcommissioners, other than the chairperson, Pike County is divided into four commissioner districts. One member of the board shall be elected from each such district. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: pikeccp2remc Plan Type: Local User: staff Administrator: Pike. (2) When used in such attachment, the terms Tract' and 'BG' (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 2000 for the State of Georgia. The separate numeric designations in a Tract 4904 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report ofthe Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Pike County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Pike County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia." SECTION 2. Said Act is further amended by striking subsections (a) and (b) of Section 3 and inserting in lieu thereof the following: 'SECTION 3. (a) Those members of the Board of Commissioners of Pike County who are serving as such on December 31,2001, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after January 1, 2003, the Board of Commissioners of Pike County shall consist of four members all of whom shall be elected from commissioner districts described in subsection (d) of Section 2 except for the member who is chairperson and who is elected at large as provided in subsection (a) of Section 2. (b) The members from Commissioner Districts 1 and 2 shall be elected at the general election on the Tuesday next following the first Monday in November, 2002. Those members of the board elected thereto from Commissioner Districts 1 and 2 in 2002 shall take office the first day of January immediately following that election and shall serve for terms of office which expire December 31,2006, and upon the election and qualification of their respective successors. The members from Commissioner Districts 3 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2004. The chairperson and those members of the board elected thereto from Commissioner Districts 3 and 4 in 2004 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2008, and upon the election and qualification of their respective successors. Those and all future successors to members ofthe board whose terms _____________GEORGIA LAWS 2002 SESSION___________4905 of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day ofJanuary immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified." SECTION 3. It shall be the duty of the attorney of the Board of Commissioners of Pike County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 4. This section and Section 2 ofthis Act and those provisions ofthis Act necessary for the election of members of the Board of Commissioners of Pike County in 2002 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2003. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan Name: pikeccp2remc Plan Type: Local User: staff Administrator: Pike Redistricting Plan Components Report District 001 Pike County Tract: 9801 BG:2 2024 2034 2035 2037 2038 2039 2040 2041 2046 2051 2067 2076 BG:3 3000 3001 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3023 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3051 3052305430583059 Tract: 9802 BG: 1 1064 1065 1066 1071 1072 1073 1077 1078 1079 1080 1081 1082 1083 1084 1087 1092 1999 Tract: 9803 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 4906 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1998 1999 EG: 2 200020202021 Tract: 9804 BG:2 2005 2006 2007 2008 2009 2010 District 002 Pike County Tract: 9801 BG:2 2064 2065 2066 BG:3 3002 3003 3004 3005 3020 3021 3022 3024 3025 3026 3027 3028 3029 3030 3031 3050 3053 3055 3056 3057 Tract: 9802 BG: 1 1060 1085 1086 1088 1089 1093 1094 1095 1096 1097 1098 1099 1103 Tract: 9803 BG: 1 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1070 1997 BG:2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2997 2998 2999 Tract: 9804 BG:2 2000 2001 2002 2003 2004 2011 2012 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2038 2039 2040 2041 2042 ____________GEORGIA LAWS 2002 SESSION__________4907 District 003 Pike County Tract: 9801 BG: 1 1032 1033 1034 1049 1050 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1064 1065 1066 1997 1998 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2025 2026 2027 2028 2029 2032 2033 2036 2042 2043 2044 2045 2047 2048 2049 2050 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2997 2998 2999 Tract: 9804 BG: 1 BG:2 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2036 2037 2999 District 004 Pike County Tract: 9801 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1051 1063 1996 1999 BG:2 2030 2031 2068 2069 2070 2071 2072 2073 2074 2075 2077 2078 20792080208120822083 Tract: 9802 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1061 1062 1063 1067 1068 1069 1070 1074 1075 1076 1090 1091 11001101 1102 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that the Board of Commissioners of Pike County will be 4908 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II introducing Local Legislation at the Regular Session of the 2002 Georgia General Assembly for the Redistricting Map for Commission Districts. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mack 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 and Reporter which is the official organ of Pike County on the following date: February 13, 2002. (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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ MACK CRAWFORD Mack Crawford Representative, 129th District Sworn to and subscribed before me, this 19th day of March, 2002. ____________GEORGIA LAWS 2002 SESSION_________4909 s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL) Approved April 25, 2002. LINCOLN COUNTY - BOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS. No. 643 (House Bill No. 1761). AN ACT To amend an Act creating the Board of Commissioners of Lincoln County, approved February 25,1949 (Ga. L. 1949, p. 1228), as amended, particularly by an Act approved March 10,1986 (Ga. L. 1986, p. 3653), and by an Act approved April 4, 1997 (Ga. L. 1997, p. 3681), so as to revise the districts for the election of members ofthe board ofcommissioners; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Board of Commissioners of Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended, particularly by an Act approved March 10,1986 (Ga. L. 1986, p. 3653), and by an Act approved April 4, 1997 (Ga. L. 1997, p. 3681), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows: "SECTION 2. (a) For the purpose ofelecting members ofthe board ofcommissioners, Lincoln County is divided into five commissioner districts. Districts 1 through 4 shall be and correspond to those four numbered districts described in and attached to and made a part ofthis Act and further identified as Plan Name: lincccsbl Plan Type: Local User: staff Administrator: Lincoln. District 5 shall consist of Lincoln County in its entirety. 4910 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (b) When used in such attachment, the terms 'Tract' and 'BG' (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 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Lincoln County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Lincoln County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia." SECTION 2. Said Act is further amended by striking Section 10 and inserting in lieu thereof a new Section 10 to read as follows: "SECTION 10. (a) The members of the board of commissioners who were elected at the general election in November 2000 shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. (b) The first members of the reconstituted board of commissioners of Lincoln County from Commissioner Districts 1 and 2 shall be elected at the state-wide general election in 2002. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (c) The first members of the reconstituted board of commissioners of Lincoln County from Commissioner Districts 3 and 4 shall be elected at the state-wide general election in 2004. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (d) The first member of the reconstituted board of commissioners of Lincoln County from Commissioner District 5, who shall serve as chairperson, shall be elected at the state-wide general election in 2004. Such member shall take office on January 1 following his or her election for a term of four years and until his ____________GEORGIA LAWS 2002 SESSION__________4911 or her successor is elected and qualified. (e) Successors to members elected under subsections (b), (c), and (d) of this section shall be elected at the state-wide general election next preceding the expiration of such terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (f) Commissioner Districts 1, 2, 3,4, and 5 as they existed on January 1,2002, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act." SECTION 3. It shall be the duty of the attorney for the governing authority of Lincoln County to submit this Act for approval pursuant to Section 5 ofthe federal Voting Rights Act of 1965, as amended. SECTION 4. The provisions ofthis Act relating to and necessary for the regular election in 2002 of members of the board of commissioners of Lincoln County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2003. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan Name: lincccsbl Plan Type: Local User: staff Administrator: Lincoln Redistricting Plan Components Report District 001 Lincoln County Tract: 9701 BG: 1 BG:2 2012 2013 2033 2034 2035 2036 2037 2038 2039 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2099 2100 2993 2994 2997 BG:3 3000 3001 3002 4912 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II That part of Block 3003 which lies west of Town Creek and runs generally southeasterly from its intersection with Florence Creek and intersects Metzville Road and north of Nash Branch Creek extended to its intersection with Washington Street which runs generally easterly from Town Creek and lies north of Wallace Wells Cricle. 3004 3015 3016 3017 3018 3019 3036 3037 3999 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3038 3039 3040 3041 3042 3043 3044 3045 3046 District 002 Lincoln County Tract: 9701 BG:3 That part of Block 3003 which lies east of Town Creek and runs generally southeasterly from Town Creek andintersects Metzville Road and south of Nash Branch Creek extended to its intersection with Washington Street which runs generally easterly from Town Creek and lies south of Nash Branch Creek. BG:4 4009 4010 4011 4012 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 Tract: 9702 BG:2 2074 BG:3 3028 3029 3030 3031 3032 3036 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3063 3064 3065 3066 District 003 Lincoln County Tract: 9702 BG:2 2022 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2090 2994 2995 2996 2997 2998 BG:3 3009 3011 3014 3015 3016 3017 3018 3019 3020 3021 3026 3027 ____________GEORGIA LAWS 2002 SESSION_________4913 3033 3034 3035 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3062 District 004 Lincoln County Tract: 9701 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2040 2041 2098 2995 2996 2998 2999 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4013 4999 Tract: 9702 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2023 2024 2025 2026 2027 2028 2030 2031 2088 2089 2091 2092 2093 2999 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 3012 3013 3022 3023 3024 3025 3999 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2002 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended, so as to provide for new commissioner districts; and for other purposes. 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 Lincoln Journal which is the official organ of Lincoln County on the following date: March 7, 2002. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: 4914 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/TOMMCCALL Tom McCall Representative, 90th District Sworn to and subscribed before me, this 19th day of March, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. ___________GEORGIA LAWS 2002 SESSION___________4915 HALL COUNTY - BOARD OF EDUCATION; DISTRICTS. No. 644 (House Bill No. 1730). AN ACT To amend an Act providing for districts for the election of the Board of Education of Hall County, approved March 29, 1983 (Ga. L. 1983, p. 4553), as amended, particularly by an Act approved February 19,1992 (Ga. L. 1992, p. 4563), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for districts for the election of the Board of Education of Hall County, approved March 29,1983 (Ga. L. 1983, p. 4553), as amended, particularly by an Act approved February 19, 1992 (Ga. L. 1992, p. 4563), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following: "SECTION 1. (a) For the purpose of electing members to the Board of Education of the Hall County School District, the Hall County School District shall be divided into four education districts which shall be and correspond to those four numbered districts described in and attached to and made a part ofthis Act and further identified as Plan Name: hallsbwk2 Plan Type: Local User: Gina Administrator: Hall Co. (b) When used in such attachment, the terms Tract' and 'BG' (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 2000 for the State ofGeorgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the Hall County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the Hall County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as 4916 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia." SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Hall County are to be elected in the November, 2002, general election and in subsequent general elections, and this Act results from changes in population based on the United States decennial census of 2000. It is not the intention ofthe General Assembly to affect the membership ofcurrent members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members. SECTION 3. It shall be the duty of the attorney of the Board of Education of Hall County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2002 of members of the Board of Education of Hall County shall become effective upon its approval by the Governor or upon its becoming law without such approval; and this Act shall otherwise become effective January 1, 2003. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan Name: hallsbwk2 Plan Type: Local User: Gina Administrator: Hall Co. Redistricting Plan Components Report District 001 Hall County Tract: 1 Tract: 12 BG:3 3009 3010 3011 3012 3013 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3057 3058 3060 3062 3063 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 ___________GEORGIA LAWS 2002 SESSION__________4917 3076 3077 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4020 4021 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 Tract: 13 BG: 1 10141015 101710181019 BG:2 2009201020112012 BG:3 3002 Tract: 2.01 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 BG:3 3999 Tract: 2.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1999 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2028 2029 2063 2064 2065 Tract: 6 BG:1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1999 BG:2 2000 2001 2002 2003 2005 2006 2007 2008 2014 2015 2016 2017 2018 2019 2020 2027 2031 2035 2046 2047 2048 2049 2050 2051 2052 2053 2054 2994 2995 2996 2998 2999 BG:3 3058 3059 3060 3061 3062 3063 3064 3065 3066 Tract: 7 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2009 2010 2011 2012 2013 2014 2018 2021 2022 2023 2028 2029 2030 2031 2033 2034 2035 2036 2038 2040 2041 2042 2043 2044 4918 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Tract: 8 BG: 1 1000 1001 1002 1003 1004 1005 1007 1009 1010 1015 1016 1017 1018 1019 1021 1022 1023 1024 1025 1027 BG:2 2000 2001 2002 2003 2004 2006 2007 2008 2009 2011 District 002 Hall County Tract: 13 BG: 1 1020 1022 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 BG:2 2000 2001 2003 2004 2005 2006 2007 2008 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 BG:3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 Tract: 14.01 BG: 1 1016 1017 1018 1019 1023 1026 1033 1034 1035 BG:2 2000 2001 2005 2007 2008 2009 2010 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 BG:3 BG:4 4001 4003 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 BG:5 Tract: 15 BG: 1 1000 1001 1002 1003 BG:3 3017 3018 3019 3020 3021 3022 3024 3025 3026 3027 3028 3994 3995 BG:4 Tract: 16.01 BG: 1 ____________GEORGIA LAWS 2002 SESSION_________4919 1000 1001 1002 1033 1034 1035 1036 1040 1041 1042 1043 1044 1045 1046 1047 1048 BG:2 Tract: 16.02 Tract: 16.03 District 003 Hall County Tract: 10.01 BG: 1 1006 1007 BG:2 2001 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 2022 BG:3 3001 3002 3003 3004 3006 3007 3008 3010 3012 3015 3016 3017 3018 3019 3022 3025 3026 3028 3029 3030 3031 3032 3033 3042 3043 3045 3048 3049 3050 3051 3052 3053 3054 3994 3999 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4009 4010 4011 4012 4014 4015 4018 4019 4024 4026 4027 4029 4032 4033 4995 4998 4999 Tract: 10.02 BG: 1 1006 1007 1008 1009 1010 1011 1012 1015 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1999 BG:2 2000 2002 2006 2007 2010 2011 2012 2013 2014 2015 2016 2017 20182019202020212999 BG:3 3000 3003 3004 3005 3006 3008 3009 3010 3014 3015 3016 3017 3019 3020 3021 3022 3024 3025 3028 Tract: 11 BG:2 2013 2020 BG:3 3004 3005 3006 3013 3014 3016 3020 3021 3022 3024 3025 3026 3027 3031 3032 3033 3035 3036 3038 3039 3040 3044 3046 3048 3051305430563058 BG:4 4001 4003 4005 4006 4008 4009 4010 4011 4012 4015 4018 4019 4023 4024 4025 4028 4029 4030 4031 4032 4033 4034 4035 4037 4038 4039 4040 4041 4042 4043 4044 4045 4048 4051 4920 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BG:5 5001 5002 5006 5007 5008 5011 5012 5016 5019 5021 5022 5025 5026 5027 5031 5032 5035 5036 5037 5040 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5063 5064 Tract: 12 BG: 1 1018 1019 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1039 1040 1041 1042 1044 1045 1048 1049 1050 1053 1054 1055 1056 1057 BG:3 3003 3004 3006 3007 3008 Tract: 13 BG: 1 1001 1004 1008 1009 1012 1013 1023 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1047 1048 1052 1053 Tract: 14.01 BG: 1 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1020 1021 1027 1028 1029 1030 1031 1032 1036 1037 1038 1039 BG:2 2003 2004 2006 BG:4 4000 Tract: 14.02 BG: 1 BG:2 2000 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2999 BG:3 Tract: 15 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1998 1999 BG:2 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3023 3029 3996 3997 3998 3999 ____________GEORGIA LAWS 2002 SESSION_________4921 Tract: 16.01 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1037 1038 1039 1049 1050 1998 1999 Tract: 4 BG:2 2019 2020 2021 2022 2023 2026 2027 2033 2034 2035 2039 2990 District 004 Hall County Tract: 2.01 BG:2 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3995 3996 3997 3998 Tract: 2.02 BG: 1 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 BG:2 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 BG:3 Tract: 3.01 Tract: 3.02 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2020 2997 2999 BG:3 BG:4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4998 Tract: 4 BG: 1 1001 1003 1004 1007 1008 1009 1010 1013 1015 1016 1018 1023 1026 1034 4922 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BG:2 2000 2004 2007 2013 2014 2015 2018 2993 2995 2998 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3012 3013 3014 3015 3016 3018 3019 3020 3021 3022 3996 3999 Tract: 5 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1021 1022 1999 BG:2 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2999 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3022 3023 3024 3025 3026 3034 3041 3042 3043 3044 3046 3047 3051 3053 3060 3061 3062 3063 3990 3993 3994 3997 3999 BG:5 5001 5003 5004 5005 5006 5012 5013 5016 5017 5018 5025 5032 5033 5986 5987 5990 5992 5994 5998 Tract: 6 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3018 3019 3022 3023 3024 3025 3026 3027 3031 3034 3036 3037 3040 3043 3044 3045 3055 3991 3992 3993 3994 3995 3996 3998 3999 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 for districts for the election of the Board of Education of Hall County, approved March 29, 1983 (Ga. L. 1983, p. 4553), as amended, particularly be an Act approved February 19,1992 (Ga. L. 1992, p. 4563); and for other purposes. 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 Gainesville Times which is the official organ ofHall County on the following date: February 27, 2002. ____________GEORGIA LAWS 2002 SESSION__________4923 (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 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 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, 21st District Sworn to and subscribed before me, this 7th day of March, 2002. s/DEANACOKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. 4924 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II FORSYTH COUNTY - BOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS. No. 645 (House Bill No. 1696). AN ACT To amend an Act creating a board of commissioners of Forsyth County, approved June 30,1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 24,1992 (Ga. L. 1992, p. 5029), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; 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. An Act creating a board of commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 24, 1992 (Ga. L. 1992, p. 5029), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows: "SECTION 2. (a) The board of commissioners of Forsyth County shall consist of five members. For the purpose electing such members, Forsyth County shall be divided into five commissioner districts. The districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: forsccsbl Plan Type: Local User: Gina Administrator: Forsyth. (b) When used in such attachment, the terms Tract' and 'BG' (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 2000 for the State ofGeorgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Forsyth County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Forsyth County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such ____________GEORGIA LAWS 2002 SESSION__________4925 noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of2000 for the State ofGeorgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (c) There shall be one member of the board from each commissioner district. A commissioner must reside in the commissioner district such person represents. A candidate must designate the district from which such candidate offers. All members of the board of commissioners shall be elected by the voters of the entire county. The election of members of the board shall be conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (d) The members of the board who were elected at the general election in November 1998 shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. The members ofthe board who were elected at the general election in November 2000 shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. (e) The first members of the reconstituted board of commissioners of Forsyth County from Commissioner Districts 1 and 3 shall be elected at the general election in November 2002. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (f) The first members of the reconstituted board of commissioners of Forsyth County from Commissioner Districts 2, 4, and 5 shall be elected at the general election in November 2004. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (g) Successors to members elected under subsections (e) and (f) of this section shall be elected at the November general election next preceding the expiration of such terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified, (h) Commissioner Districts 1,2, 3,4, and 5 as they existed on January 1,2002, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section." SECTION 2. It shall be the duty of the attorney of the governing authority of Forsyth County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act 4926 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II of 1965, as amended. SECTION 3. The provisions ofthis Act relating to and necessary for the regular election in 2002 of members of the board of commissioners of Forsyth County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2003. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Plan Name: forsccsbl Plan Type: Local User: Gina Administrator: Forsyth Redistricting Plan Components Report District 001 Forsyth County Tract: 1301 BG: 1 1039 Tract: 1302 BG:2 2008 2009 2018 2019 2020 2021 2022 2047 2050 2051 2052 2053 2054 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2072 2073 2074 2075 2076 2077 2079 2996 2997 2999 Tract: 1303 BG: 1 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1042 1043 1044 1045 1046 1055 1056 1057 1058 1059 1999 Tract: 1304.01 BG: 1 1000 1001 1002 1003 1004 1005 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1997 1998 1999 BG:2 2000 2001 2002 2003 2004 2014 2026 2027 Tract: 1304.02 BG: 1 1000 1012 1013 1014 1015 1031 1032 1044 BG:2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 ____________GEORGIA LAWS 2002 SESSION___________4927 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2050 2051 2052 2053 2054 2055 2056 2057 2058 2999 BG:3 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 Tract: 1305.02 BG: 1 1049 1050 1051 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 11141115 111611171118 11191126 1127 1128 11291130 Tract: 1306 BG: 1 1013 1009 1010 1011 1014 1015 1076 1077 1078 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1098 1099 1100 1101 1102 1103 1104 1105 1106 1110 1112 1113 11141115 1116 1120 District 002 Forsyth County Tract: 1306 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2070 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2998 2999 District 003 Forsyth County Tract: 1303 BG: 1 1039 1040 1041 1047 1048 1049 1050 1051 1052 1053 1054 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 BG:2 Tract: 1304.01 BG:2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 4928 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Tract: 1306 BG: 1 1012 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1079 11171118 1119 BG:2 2069 2071 2072 2073 2074 2075 District 004 Forsyth County Tract: 1301 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1996 1997 1998 1999 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2022 2023 2024 2025 2999 BG:3 Tract: 1302 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 2012 2013 2014 2015 2016 2017 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2048 2049 2055 2056 2057 2070 2071 2078 2995 2998 Tract: 1303 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 Tract: 1304.01 BG: 1 1006 1007 1008 Tract: 1305.01 ____________GEORGIA LAWS 2002 SESSION__________4929 BG: 1 District 005 Forsyth County Tract: 1301 BG:2 201920202021 Tract: 1304.01 BG: 1 1043 1044 Tract: 1304.02 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1045 1999 BG:2 2000 2001 2002 2003 2004 2046 2047 2048 2049 BG:3 300030013002 Tract: 1305.01 BG:2 BG:3 Tract: 1305.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1120 1121 1122 1123 1124 1125 1131 1132 1133 1134 1135 1136 1137 1994 1995 1996 1997 1998 1999 Tract: 1306 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1095 1096 1097 1107 1108 11091111 RESOLUTION BY THE BOARD OF COMMISSIONERS OF FORSYTH COUNTY, GEORGIA REQUESTING LOCAL LEGISLATION TO REAPPORTION VOTING DISTRICTS 4930 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II WHEREAS, the General Assembly, by local act approved June 30,1964 (Ga. L. 1964, Ex. Sess., p. 2225) as amended, particularly by an Act approved March 2, 1972 (Ga. L. 1972, p. 2065) and an act approved March 29, 1983 (Ga. L. 1983, p. 4419), established the composition of five districts from which the members of the Forsyth County Board of Commissioners are elected; and, WHEREAS, as a result of the national census of 2000, which has recently become available, it appears that some modification in those election districts should be made to reflect the shifts in population indicated by this new data; and, WHEREAS, the undersigned members of the Board of Commissioners have reviewed various alternatives relating to possible changes to be made in the election districts and have determined that it is in the best interest of Forsyth County that a local act be adopted making the necessary changes in the election districts for the county commission. NOW, THEREFORE, BE IT, AND IT IS HEREBY RESOLVED that the Forsyth County Board of Commissioners hereby requests that the members of the local legislative delegation submit for approval by the Georgia General Assembly in the next session a local law revising the election districts in accordance with the plan attached as "Exhibit A" to this resolution; BE IT FURTHER RESOLVED, that the county attorney is directed to work with the legislative delegation in either preparing the necessary legislation or assist legislative counsel, as desired by the delegation, in preparing the necessary act and notices to the public; the county attorney is further directed to take all steps necessary, once the act has been passed by the General Assembly and signed by the governor, to submit the same for pre-clearance under Section 5 ofthe Voting Rights Act. Unanimously adopted this 26th day of December, 2001. FORSYTH COUNTY BOARD OF COMMISSIONERS John Kieffer s/ John Kieffer, Chairman Michael Bennett s/ Michael Bennett, Vice Chairman David F. Pritchett s/ David F. Pritchett, Secretary _____________GEORGIA LAWS 2002 SESSION__________4931 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 2002 Session of the General Assembly of Georgia legislation to change the composition ofthe districts from which members ofthe board of commissioners ofForsyth County are elected; to provide for all related matters; to repeal conflicting laws; and for other purposes. 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: December 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 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. 4932 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 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 Sworn to and subscribed before me, this 7th day of March, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. BIBB COUNTY - BOARD OF EDUCATION; MEMBERSHIP; ELECTIONS; VACANCIES; DISTRICTS. No. 646 (House Bill No. 1698). AN ACT To amend an Act establishing the Board of Public Education 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 provide for the number of members comprising the board of education; to provide for the election ofboard members and filling vacancies; to reapportion the education districts within the Bibb County School District; to provide for the submission ofthis Act to the United States Attorney General; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing the Board of Public Education 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 2A ____________GEORGIA LAWS 2002 SESSION_________4933 in its entirety and inserting in lieu thereof the following: "SECTION 2A. The Board of Public Education for Bibb County shall consist of eight members. The positions on the board shall be numbered as Posts 1 through 8, respectively, and shall be filled as hereinafter provided.* SECTION 2. Said Act is further amended by striking Section 2B in its entirety and inserting in lieu thereof the following: 'SECTION 2B. (a) In the 2002 general election, candidates shall be elected to fill Posts 7 and 8. Candidates elected to the board in 2002 shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. In the 2004 general election, candidates shall be elected to Posts 1 through 6. Candidates elected to the board in 2004 shall take office on the first day of January following their election and serve for a term ofoffice of four years and until their successors are duly elected and qualified. Thereafter, successors to the elected members of the board shall be elected in the general election conducted immediately prior to the expiration of the term of office for which they offer as a candidate, shall take office on the first day of January following their election, and shall serve for a term of office of four years and until their successors are duly elected and qualified. (b) Vacancies occurring on the board shall be filled by the remaining members of the board appointing a qualified person to serve out the unexpired term of office in which the vacancies shall occur. All appointments to fill such vacancies shall be subject to the approval of the Bibb County Grand Jury in session at the time of the appointment." SECTION 3. Said Act is further amended by striking Section 2E in its entirety and inserting in lieu thereof the following: "SECTION 2E. (a) For the purpose of electing members of the board, the Bibb County School District is divided into six education districts which shall correspond to Posts 1 through 6. The education districts shall be and correspond to those six numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: bibbsbp2 Plan Type: Local User: Gina Administrator: Bibb. (b)(l) For purposes of this section, the terms 'Tract' and 'BG' (Block Group) shall mean and shall describe the same geographical boundaries as provided 4934 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II in the report ofthe Bureau ofthe Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report ofthe Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. (2) Any part of the Bibb County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. (3) Any part of the Bibb County School District which is described in this section as being in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. (4) Posts 1, 2, 3, 4, 5, and 6, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Posts 1, 2, 3, 4, 5, and 6, respectively, but as newly described under this Act; and, on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing education districts as newly described under this Act." SECTION 4. It shall be the duty of the attorneyvfor the Bibb County School District to submit this Act for approval pursuant to the Voting Rights Act of 1965, as amended. SECTION 5. This section and Section 4 ofthis Act and those provisions ofthis Act necessary for the election of members of the Board of Public Education for Bibb County in 2002 shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2003. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Plan Name: bibbsbp2 Plan Type: Local User: Gina Administrator: Bibb Redistricting Plan Components Report ____________GEORGIA LAWS 2002 SESSION__________4935 District 001 Bibb County Tract: 110 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2021 2999 BG:3 BG:4 BG:5 Tract: 111 Tract: 112 Tract: 113 Tract: 117.01 Tract: 117.02 Tract: 119 BG:2 2000 2001 Tract: 120 BG: 1 BG:2 Tract: 121 BG:3 3000 3001 3002 3003 3004 3005 Tract: 133.01 Tract: 133.02 District 002 Bibb County Tract: 101 Tract: 102 Tract: 103 Tract: 104 BG: 1 Tract: 105 Tract: 106 Tract: 107 Tract: 108 Tract: 110 BG:2 2018201920202998 Tract: 114 Tract: 115 Tract: 118 4936 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BG: 1 BG:3 3000 3001 3002 3018 3019 3020 3021 3022 3023 3024 Tract: 119 BG: 1 BG:2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 BG:3 Tract: 122 BG: 1 1000 1001 1003 1004 1005 1006 1007 Tract: 123 BG:3 3001 3002 3003 3004 3005 3006 3007 3008 Tract: 127 Tract: 128 BG:2 BG:3 Tract: 130 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051.2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 210821092110211121122113211421152116211721182119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2226 2227 2228 2229 2230 2231 2232 2233 2234 2995 2996 2997 2998 2999 District 003 Bibb County Tract: 128 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1010 1011 1012 __________GEORGIA LAWS 2002 SESSION__________4937 1013 1014 1015 1016 1017 1018 1019 1020 Tract: 129 Tract: 130 BG: 1 BG:2 2138 2139 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2235 2236 2990 2991 2992 2993 2994 Tract: 131.01 Tract: 131.02 Tract: 132.02 BG: 1 10161017 1018 1019 Tract: 135.01 Tract: 135.02 District 004 Bibb County Tract: 132.01 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1016 1017 1018 1030 1031 1032 1033 1034 1035 1036 1999 BG:2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2999 Tract: 132.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 BG:2 BG:3 Tract: 134.01 BG: 1 1036 BG:3 3015 3016 3017 3018 3019 3020 3022 3023 3024 BG:4 Tract: 136.01 Tract: 136.02 District 005 Bibb County 493 8 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Tract: 104 BG:2 BG:3 BG:4 Tract: 121 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1025 1026 1027 1028 1029 1030 1032 1033 1034 1035 1036 1048 1050 1051 1052 1053 1056 1057 1058 1059 1060 1061 Tract: 122 BG: 1 1008 100910101011 1012 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2042 2998 2999 Tract: 123 BG: 1 BG:2 BG:3 3000 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 Tract: 124 Tract: 125 Tract: 126 Tract: 128 BG: 1 1009 Tract: 132.01 BG: 1 1001 1012 1014 1015 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1037 1038 1039 1040 BG:2 2000 BG:3 BG:4 Tract: 134.01 BG: 1 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 BG:2 2018 2019 2020 2024 2025 2026 2028 2029 2030 2031 ____________GEORGIA LAWS 2002 SESSION__________4939 District 006 Bibb County Tract: 118 BG:2 BG:3 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 301530163017 BG:4 Tract: 120 BG:3 BG:4 Tract: 121 BG: 1 1018 1020 1021 1022 1023 1024 1031 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1049 1054 1055 BG:2 BG:3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 BG:4 Tract: 122 BG: 1 1002 BG:2 2041 Tract: 132.01 BG: 1 1000 Tract: 134.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1021 1030 1031 1032 1033 1034 1035 1037 1998 1999 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2021 2022 2023 2027 2032 2033 2034 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3021 3025 3026 3027 3028 3029 3030 3997 3998 3999 Tract: 134.02 4940 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II GEORGIA, BIBB COUNTY NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION -Pursuant to the provisions ofO.C.G.A. s28-1 -14, notice is hereby given that application will be made to the 2002 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 23, 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 2A of the Act by eliminating the reference to Posts 9 and 10 which were formerly held by a councilman or the Mayor of the City of Macon and a Bibb County Commissioner; (2) to reapportion the Education Districts described in Section 7 of the Act consistent with the results of the 2000 Census ofPopulation and the requirements ofthe Voting Rights Act of 1965; and (3) for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David E. Lucas, Sr.,, 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 Macon Telegraph which is the official organ ofBibb County on the following date: February 16, 2002. (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 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 ____________GEORGIA LAWS 2002 SESSION________4941 to the county governing authority within which the area 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 5 day of March, 2002. s/DEANACOKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. HALL COUNTY - BOARD OF COMMISSIONERS; DISTRICTS. No. 647 (House Bill No. 1729). AN ACT To amend an Act creating the board of commissioners of Hall County, approved March 21,1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 4, 1993 (Ga. L. 1993, p. 3904), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the board of commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 4,1993 (Ga. L. 1993, p. 3904), is amended by striking in their entirety subsections (a) and (b) of Section 3 and inserting in lieu thereof the following: "(a) The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: hallccl Plan Type: Local User: Gina 4942 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Administrator: Hall Co. (b) When used in such attachment, the terms Tract' and 'BG' (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 2000 for the State ofGeorgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of2000 for the State ofGeorgia. Any part ofHall County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Hall County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia." SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the board of commissioners of Hall County are to be elected in the November, 2002, general election and in subsequent general elections, and this Act results from changes in population based on the United States decennial census of2000. It is not the intention ofthe General Assembly to affect the membership ofcurrent members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members. SECTION 3. It shall be the duty of the attorney of the board of commissioners of Hall County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2002 of members of the board of commissioners of Hall County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1,2003. ____________GEORGIA LAWS 2002 SESSION_________4943 SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan Name: hailed Plan Type: Local User: Gina Administrator: Hall Co. Redistricting Plan Components Report District 001 Hall County Tract: 12 BG:3 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3999 Tract: 13 BG: 1 1014 1015 1016 1017 1018 1019 1020 1021 1022 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 BG:2 BG:3 Tract: 14.01 BG:4 4052 4053 BG:5 5008 5015 5030 5031 5032 5033 5034 5035 5036 Tract: 15 BG:1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1998 1999 BG:2 BG:3 BG:4 Tract: 16.01 Tract: 16.02 Tract: 16.03 4944 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II District 002 Hall County Tract: 10.01 BG:3 3997 BG:4 4000 4001 4002 4003 4004 4006 4021 4022 4023 4024 4025 4026 4031 4032 4033 4995 4996 4997 4998 4999 Tract: 10.02 Tract: 11 BG:4 4048 4049 BG:5 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5027 5028 5029 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 Tract: 13 BG: 1 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 Tract: 14.01 BG: 1 BG:2 BG:3 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 BG:5 5000 5001 5002 5003 5004 5005 5006 5007 5009 5010 5011 5012 5013 5014 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5037 5038 5039 5040 5041 Tract: 14.02 Tract: 15 BG: 1 1000 1001 1002 1003 Tract: 3.01 BG: 1 ____________GEORGIA LAWS 2002 SESSION_________4945 1017 1018 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1999 BG:2 BG:3 BG:4 4010 4011 4012 4013 4014 4998 BG:5 Tract: 3.02 Tract: 4 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2993 2994 2995 2996 2997 2998 2999 BG:3 Tract: 5 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3072 3987 3996 3997 3998 3999 District 003 Hall County Tract: 1 Tract: 12 BG:3 3022 3065 BG:4 Tract: 2.01 Tract: 2.02 Tract: 3.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 1040 1041 1042 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4999 Tract: 5 BG: 1 BG:2 Tract: 6 BG: 1 BG:2 BG:3 3051 3052 3058 3059 3060 3061 3062 3063 3064 3065 3066 4946 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Tract: 7 BG: 1 BG:2 2000 2001 2002 2004 2005 2006 2007 2041 2042 2043 2044 Tract: 8 BG: 1 1000 1001 1002 1003 1004 1005 1022 BG:2 2000 2001 2002 2003 2004 2006 2007 2008 District 004 Hall County Tract: 10.01 BG: 1 BG:2 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3994 3995 3996 3998 3999 BG:4 4005 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4027 4028 4029 4030 Tract: 11 BG: 1 BG:2 BG:3 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 405040514052 BG:5 5000 5001 5002 5003 5004 5005 5006 5007 5024 5025 5026 5030 5031 Tract: 12 BG: 1 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 Tract: 13 BG: 1 ___________GEORGIA LAWS 2002 SESSION__________4947 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 Tract: 4 BG: 1 BG:2 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2984 2985 2986 2987 2988 2989 2990 2991 2992 Tract: 5 BG:3 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3988 3989 3990 3991 3992 3993 3994 3995 BG:5 Tract: 6 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3053 3054 3055 3056 3057 3990 3991 3992 3993 3994 3995 3996 3997 3998 3999 Tract: 7 BG:2 2003 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 Tract: 8 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1023 1024 1025 1026 1027 BG:2 2005 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG:3 BG:4 Tract: 9 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2002 session of the General Assembly of Georgia, a bill to amend an Act creating the board of commissioners ofHall County, approved March 21,1935 (Ga. L. 1935, p. 661), as 4948 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II amended, particularly by an Act approved March 4, 1993 (Ga. L. 1993, p. 3904), and for other purposes. This 1st day of Feb. 2002 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 4, 2002. (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 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 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, 21st District ____________GEORGIA LAWS 2002 SESSION__________4949 Sworn to and subscribed before me, this 25th day of February, 2002. s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL) Approved April 25, 2002. WHITFIELD COUNTY - BOARD OF COMMISSIONERS; DISTRICTS. No. 648 (House Bill No. 1675). AN ACT To amend an Act creating the board of commissioners of Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; 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 Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended, is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: "SECTION 3. (a) For purposes of electing members of the board of commissioners, other than the chairperson, Whitfield County is divided into four commissioner districts. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: whitccwkl Plan Type: LOCAL User: staff Administrator: WHITFIELD. (b) When used in such attachment, the terms Tract' and 'BG' (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 2000 for the State ofGeorgia. The separate numeric designations in a Tract description which 4950 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II are underneath a 'BG1 heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Whitfield County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Whitfield County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of2000 for the State ofGeorgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (c) Commissioner Districts 1, 2, 3, and 4, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.* SECTION 2. It shall be the duty of the attorney of the board of commissioners of Whitfield County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Plan Name: whitccwkl Plan Type: LOCAL User: staff Administrator: WHITFIELD Redistricting Plan Components Report District 001 Whitfield County Tract: 10 Tract: 11 Tract: 12 BG: 1 BG:2 BG:3 __________GEORGIA LAWS 2002 SESSION__________4951 BG:4 BG:5 5000 5001 5023 5025 5026 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 BG:6 6000 6001 6002 6003 6004 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 Tract: 13 Tract: 14 BG:2 2048 2049 2050 2060 2061 BG:4 4019 BG:5 Tract: 15 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1030 1031 1032 BG:3 3000 BG:4 4000 4001 4002 4003 4004 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 BG:5 5000 5001 5002 5003 5004 5005 5011 5012 5013 5014 5015 5016 5017 5018 5019 5022 5036 5037 5038 5039 5998 5999 Tract: 4 BG:1 1000 1001 1002 1003 1004 1006 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1023 BG:5 5000 Tract: 5.02 BG: 1 108011071108110911101111 1112 1113 1114 1115 1116 1117 District 002 Whitfield County Tract: 1.01 BG: 1 4952 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2039 2040 2041 2042 2043 2044 2045 2999 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 30363037 Tract: 1.02 BG: 1 BG:2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Tract: 2 Tract: 3.01 BG: 1 1000 1001 1002 1003 1007 1008 1009 1010 1011 1012 BG:2 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 BG:3 Tract: 3.02 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 BG:5 Tract: 4 BG: 1 1005 1007 1008 1009 1010 1022 1024 1025 BG:2 BG:3 BG:4 BG:5 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 501350145015 BG:6 Tract: 5.01 BG: 1 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 Tract: 5.02 BG: 1 1000 1001 1002 1003 1004 1007 1008 1009 1010 1011 1012 1013 ____________GEORGIA LAWS 2002 SESSION________4953 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1075 1076 1077 1078 1079 BG:2 2000 2013 2014 2015 2019 2020 2021 2022 2023 2024 2025 2026 BG:3 3025 3026 3029 3030 3031 3043 3044 3045 3047 3048 District 003 Whitfield County Tract: 1.01 BG:2 2034 2035 2036 2037 2038 BG:3 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 Tract: 1.02 BG:2 2000 2001 2002 2003 2004 2005 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 210721082109211021112112211321142115211621172118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 215621572999 BG:3 BG:4 Tract: 3.01 BG: 1 1004 1005 1006 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Tract: 3.02 BG: 1 4954 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BG:2 BG:3 BG:4 4030 Tract: 5.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1026 1027 1028 1029 1998 1999 BG:2 BG:3 Tract: 5.02 BG: 1 1005 1006 1073 1074 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1118 1119 1120 1121 1122 1123 11241125 BG:2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 201620172018 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3027 3028 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3046 3049 3050 3051 3052 BG:4 Tract: 6 BG: 1 1000 1001 1004 BG:4 40004016 Tract: 9 BG: 1 BG:2 BG:3 3000 3001 3002 3003 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 BG:4 District 004 Whitfield County Tract: 12 BG:5 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 ___________GEORGIA LAWS 2002 SESSION__________4955 5014 5015 5016 5017 5018 5019 5020 5021 5022 5024 5027 BG:6 6005 6006 6050 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064 6065 Tract: 14 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2051 2052 2053 2054 2055 2056 2057 2058 2059 2062 2998 2999 BG:3 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4020 Tract: 15 BG:1 1023 1024 1025 1026 1027 1028 1029 1033 1034 1035 1036 1037 BG:2 BG:3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 BG:4 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4031 4032 4033 4034 4035 4999 BG:5 5006 5007 5008 5009 5010 5020 5021 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5040 Tract: 6 BG: 1 1002 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1997 1998 1999 BG:2 BG:3 4956 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BG:4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4017 4018 4019 4020 4021 4022 4023 4024 Tract: 7 Tract: 8 Tract: 9 BG:3 3004 Notice is given that there will be introduced at the regular 2002 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended, and for other purposes. This 27th day of February, 2002 Roger Williams Representative Roger Williams 5th District RESOLUTION TO AMEND THE COMMISSION DISTRICTS RESOLUTION AUTHORIZING THE FILING OF THE CHANGE TO THE WHITFIELD COUNTY COMMISSION DISTRICTS WITH THE STATE LEGISLATURE FOR ITS ADOPTION OF THE SAME. WHEREAS, the population growth and its distribution within Whitfield County based on the 2000 Census information caused inequity in the representation in the commission districts. WHEREAS, the Board of Commissioners agreed to alter the district lines of the Commission District boundaries to balance the population to an acceptable level that will meet with the approval of the US Justice Department, and WHEREAS, it is required that the change in the Commission District boundaries be adopted by the Georgia Legislature NOW THEREFORE, BE IT RESOLVED BY THE WHITFIELD COUNTY BOARD OF COMMISSIONERS THAT THE ATTACHED MAP REPRESENTING THE COMMISSION DISTRICTS BE ADOPTED BY THE GEORGIA LEGISLATURE. APPROVED AND ADOPTED this 28th day of January 2002. ____________GEORGIA LAWS 2002 SESSION_________4957 Mike Babb, Chairman, Whitfield County Board of Commissioners Signed, sealed and delivered this 28th day of January, 2002, in the presence of Patricia A. Mathis Notary Public. Certificate The undersigned duly qualified and acting County Clerk of the Whitfield County Board of Commissioners certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting held on January 28, 2002. Melva Smith, County Clerk GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Williams, who on oath deposes and says that he is the Representative from the 5th District and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Dalton Daily Citizen News which is the official organ ofWhitfield County on the following date: March 1, 2002. (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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. 4958 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Sworn to and subscribed before me, this 7th day of March, 2002. s/ROGER WILLIAMS Roger Williams Representative, 5th District s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. WILCOX COUNTY - BOARD OF COMMISSIONERS; DISTRICTS. No. 649 (House Bill No. 1661). AN ACT To amend an Act creating the Board of Commissioners of Wilcox County, approved March 24,1939(Ga.L. 1939,p. 782), as amended, particularly by an Act approved April 7, 1992 (Ga. L. 1992, p. 5735), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Board of Commissioners of Wilcox County, approved March 24,1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 7, 1992 (Ga. L. 1992, p. 5735), is amended by striking Section 2 and inserting in lieu thereof the following: "SECTION 2. (a) Those members ofthe Board ofCommissioners ofWilcox County who were serving as such on December 31,2001, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular ____________GEORGIA LAWS 2002 SESSION________4959 expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after January 1, 2003, the Board of Commissioners of Wilcox County shall consist of five members all of whom shall be elected from commissioner districts described in subsection (b) of this section. (b) For purposes of electing members of the board of commissioners, Wilcox County is divided into five districts. One member of the board shall be elected from each such district. The five districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: wilcoxwkS Plan Type: Local Usenstaff Administrator: Wilcox Co. (c) When used in such attachment, the terms Tract1 and 'BG' (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 2000 for the State ofGeorgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Wilcox County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Wilcox County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia." SECTION 2. Said Act is further amended by striking subsections (a) and (b) of Section 3 and inserting in lieu thereof the following: "(a) The members from Districts 1, 3, and 5 shall be elected at the general election on the Tuesday next following the first Monday in November, 2002. Those members of the board elected thereto from Districts 1, 3, and 5 in 2002 shall take office the first day ofJanuary immediately following that election and shall serve for initial terms of office which expire December 31,2006, and upon the election and qualification of their respective successors. The members from Districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2004. Those members of the board elected thereto from Districts 2 and 4 in 2004 shall take office the first day of 4960 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II January immediately following that election and shall serve for initial terms of office which expire December 31, 2006, and upon the election and qualification oftheir respective successors. Those and all future successors to members ofthe board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (b) Districts 1, 2, 3, 4, and 5, as they existed on December 31, 2001, shall continue to be designated as Districts 1,2,3,4, and 5, respectively, but as newly described under this Act, and on and after January 1,2003, such members of the board serving from those former districts shall be deemed to be serving from and representing their respective districts as newly described under this Act." SECTION 3. It shall be the duty of the attorney of the Board of Commissioners of Wilcox County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 4. This section and Section 2 ofthis Act and those provisions ofthis Act necessary for the election of members of the Board of Commissioners of Wilcox County in 2002 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2003. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan Name: wilcoxwk3 Plan Type: Local User: staff Administrator: Wilcox Co. Redistricting Plan Components Report District 001 Wilcox County Tract: 9902 BG: 1 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1050 1051 1052 1053 1054 1055 1056 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1084 1104 1105 1106 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 Tract: 9903 ___________GEORGIA LAWS 2002 SESSION________4961 BG: 1 1000 1001 1027 1028 1029 1030 1031 Tract: 9904 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1031 1032 1033 1036 1037 1038 1039 1040 1041 1042 1043 1045 1046 District 002 Wilcox County Tract: 9901 BG: 1 1000 1001 1002 1013 1014 1015 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1032 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1075 1076 1079 1080 1081 1082 1083 1084 1085 1092 1093 1094 1095 1096 1993 1995 1996 1997 1998 1999 BG:2 2012 2013 2014 2015 2016 2019 2020 2021 2025 2032 2993 Tract: 9902 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1057 1060 1061 1062 1063 1064 1065 1130 1998 1999 District 003 Wilcox County Tract: 9903 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1998 1999 BG:2 Tract: 9904 BG: 1 1044 1047 1048 1049 1050 1051 1052 1053 1054 BG:2 4962 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 2134 2135 2136 2138 2139 2140 2141 2142 2143 2145 District 004 Wilcox County Tract: 9901 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1016 1036 Tract: 9902 BG: 1 1058 1059 1066 1067 1068 1083 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1107 1108 1109 1110 1111 1112 1113 Tract: 9904 BG: 1 1000 1030 1034 1035 BG:2 2007 2008 2009 2010 2011 2012 2013 2019 2020 2021 2039 2040 2041 2042 2043 2044 2046 2047 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 210421052106210721082109211021112112211321142115 211621172118211921202121212221232124212521262127 2128 2129 2130 2131 2132 2133 2137 2144 2146 2147 2148 2149 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 District 005 Wilcox County Tract: 9901 BG:1 1031 1033 1034 1035 1037 1038 1039 1040 1041 1042 1057 1058 1059 1073 1074 1077 1078 1086 1087 1088 1089 1090 1091 1097 1098 109911001101 1994 BG:2 2000 2001 2002 2004 2005 2006 2007 2008 2009 2010 2011 2017 2018 2022 2023 2024 2026 2027 2028 2029 2030 2031 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2992 2994 2995 2996 2997 2998 2999 Tract: 9902 ____________GEORGIA LAWS 2002 SESSION__________4963 BG: 1 1114 1115 1116 Tract: 9904 BG:2 2000 2001 2002 2003 2004 2005 2006 2014 2015 2016 2017 2018 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2045 2048 2049 2150 2151 2152 2153 2154215521562157215821592160216121622163 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2002 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners ofWilcox County, approved March 24,1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 7, 1992 (Ga. L. 1992, p. 5735), to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of the Act for approval under the federal Voting Rights Acts of 1965, as amended; and for other purposes. This 26th day of February, 2002. Homer L. Conner GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who on oath deposes and says that he is 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: February 28, 2002. (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. 4964 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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/NEWT HUDSON Newt Hudson Representative, 156th District Sworn to and subscribed before me, this 6th day of March, 2002. s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL) Approved April 25, 2002. EARLY COUNTY - BOARD OF COMMISSIONERS; DISTRICTS. No. 650 (House Bill No. 1686). AN ACT To amend an Act creating the Board of Commissioners of Early County, approved March 24,1933 (Ga. L. 1933, p. 515), as amended, particularly by an Act approved April 7,1992 (Ga. L. 1992, p. 5748), and an Act approved March 25,1996 (Ga. L. 1996, p. 3630), so as to reapportion the commissioner districts; to provide for members currently serving; to provide for the submission of this Act to the United ____________GEORGIA LAWS 2002 SESSION__________4965 States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Board of Commissioners of Early County, approved March 24, 1933 (Ga. L. 1933, p. 515), as amended, particularly by an Act approved April 7, 1992 (Ga. L. 1992, p. 5748), and an Act approved March 25, 1996 (Ga. L. 1996, p. 3630), is amended by striking in its entirety Section 3 and inserting in lieu thereof the following: "SECTION 3. (a) For purposes of electing members of the Board of Commissioners of Early County, other than the chairperson, Early County is divided into four commissioner districts. Commissioner Districts 1 through 4 shall consist of the described territory ofthe Early County commissioner districts attached to this Act and made a part hereof and further identified as 'Plan Name: earlyccsbl Plan Type: LOCAL User: staff Administrator: EARLY'. (b)(l) For purposes of this section: (A) The terms Tract' and 'BG' 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 2000 for the State of Georgia; and (B) The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. (2) Any part of Early County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. (3) Any part of Early County which is described in 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 within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. (c) In order to be elected as a member ofthe board from a commissioner district, a person must receive the number of votes cast as required by general law for that office in that district only. Only electors who are residents ofthat commissioner district may vote for a member of the board for that district. The fifth member of the board of commissioners shall be the chairperson and may reside anywhere 4966 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II within Early County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. (d) All members ofthe board ofcommissioners serving in office on July 1,2002, shall continue to serve until the expiration of the terms for which they were elected and until their respective successors are elected and qualified unless otherwise removed from office as provided by the Constitution and laws of this state. (e) The members of the Board of Commissioners of Early County from Commissioner Districts 1 and 3 shall be elected at the general election on the Tuesday next following the first Monday in November, 2002. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (f) The chairperson and the members of the Board of Commissioners of Early County from Commissioner Districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2004. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (g) Successors to members elected under subsections (e) and (f) of this section shall be elected at the general election next preceding the expiration of terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (h) All members of the board shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (i) Each member of the board of commissioners serving in office on July 1, 2002, and elected from former Commissioner District 1, 2, 3, or 4 shall on and after said date be deemed to represent new Commissioner District 1,2,3, or 4 in which he or she resides." SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the Board of Commissioners of Early County are to be elected in the November, 2002, general election and in subsequent general elections, and this Act results from changes in population based on the United States decennial census of 2000. It is not the intention ofthe General Assembly to affect the membership ofcurrent members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members. SECTION 3. It shall be the duty of the attorney of the Board of Commissioners of Early County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. ___________GEORGIA LAWS 2002 SESSION__________4967 SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2002 ofmembers ofthe Board ofCommissioners ofEarly County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2003. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan Name: earlyccsbl Plan Type: LOCAL User: staff Administrator: EARLY Redistricting Plan Components Report District 001 Early County Tract: 9901 BG: 1 1023 1050 1051 1052 1055 1998 Tract: 9902 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 10H 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1039 1042 1043 1044 1046 1047 1052 1997 1998 1999 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2021 2030 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3034 3037 3038 3039 3040 3041 3998 3999 Tract: 9903 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2014 2015 2016 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2996 2997 2998 2999 Tract: 9904 BG: 1 1000 1001 1024 1025 1999 Tract: 9905 4968 LOCAL AND SPECIAL ACTS AND RESOLUTIONS. VOL. II BG: 1 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1061 1999 District 002 Early County Tract: 9901 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1053 1054 1056 1057 1058 1059 1060 1061 1062 1997 1999 BG:2 Tract: 9904 BG: 1 1002 1003 1004 1005 1019 1020 1021 1022 1023 1026 1027 1028 1029 1030 1031 1043 1044 1045 1046 1998 BG:2 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 BG:3 301130123013301430163017 District 003 Early County Tract: 9902 BG: 1 1037 1038 1040 1041 1045 1048 1049 1050 1051 1053 1054 1055 BG:2 2018 2019 2020 2022 2023 2024 2025 2026 2027 2028 2029 BG:3 3028 3029 3030 3031 3032 3033 3035 3036 BG:4 Tract: 9903 BG:2 201020132017 Tract: 9904 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG:2 2020 2021 2022 2023 2024 2025 ____________GEORGIA LAWS 2002 SESSION________4969 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 District 004 Early County Tract: 9903 BG:2 2018201920202021 Tract: 9904 BG: 1 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 BG:3 3015 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 302930303031 Tract: 9905 BG:1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1033 1034 1035 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 11101111 11121113 11141115 111611171118 111911201121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 115911601161 1997 1998 BG:2 NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2002 session of the General Assembly of Georgia a bill to amend the district lines for Early County School Board and for Early County Commissioners, and for other purposes. 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: 4970 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (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: February 20, 2002. (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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ HUGH D. BROOME Hugh D. Broome Representative, 160th District Sworn to and subscribed before me, this 7th day of March, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. _____________GEORGIA LAWS 2002 SESSION__________4971 FORSYTH COUNTY - BOARD OF EDUCATION; DISTRICTS; ELECTIONS. No. 651 (House Bill No. 1671). AN ACT To amend an Act providing for the Forsyth County Board of Education, approved March 24, 1992 (Ga. L. 1992, p. 5052), so as to revise the districts for the election of members ofthe board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the Forsyth County Board of Education, approved March 24, 1992 (Ga. L. 1992, p. 5052), is amended by striking subsections (b) and (c) of Section 1 and inserting in lieu thereof new subsections (b) and (c) to read as follows: "(b) For the purpose of electing the members of the board, the Forsyth County School District shall be divided into five education districts. The districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: forsccsbl Plan Type: Local User: Gina Administrator: Forsyth. (c) When used in such attachment, the terms Tract' and 'BG' (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 2000 for the State ofGeorgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Forsyth County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State ofGeorgia. Any part ofForsyth County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of2000 for the State ofGeorgia. Except as otherwise provided in the description of any district, whenever the description of such district refers 4972 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia." 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: "SECTIONS. (a) The members of the board of education who were elected at the general election in November 1998 shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. The members of the board of education who were elected at the general election in November 2000 shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. (b) The first members of the reconstituted board of education of Forsyth County from Education Districts 1 and 2 shall be elected at the general election in November 2002. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (c) The first members of the reconstituted board of education of Forsyth County from Education Districts 3, 4, and 5 shall be elected at the general election in November 2004. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (d) Successors to members elected under subsections (b) and (c) of this section shall be elected at the November general election next preceding the expiration of such terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (e) Education Districts 1,2,3,4, and 5 as they existed on January 1,2002, shall continue to be designated as Education Districts 1,2,3,4. and 5, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section." SECTION 3. It shall be the duty of the attorney of the board of education of Forsyth County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. ____________GEORGIA LAWS 2002 SESSION__________4973 SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2002 of members of the board of education of Forsyth County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2003. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan Name: forsccsbl Plan Type: Local User: Gina Administrator: Forsyth Redistricting Plan Components Report District 001 Forsyth County Tract: 1301 BG: 1 1039 Tract: 1302 BG:2 2008 2009 2018 2019 2020 2021 2022 2047 2050 2051 2052 2053 2054 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2072 2073 2074 2075 2076 2077 2079 2996 2997 2999 Tract: 1303 BG: 1 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1042 1043 1044 1045 1046 1055 1056 1057 1058 1059 1999 Tract: 1304.01 BG: 1 1000 1001 1002 1003 1004 1005 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1997 1998 1999 BG:2 2000 2001 2002 2003 2004 2014 2026 2027 Tract: 1304.02 BG: 1 1000 1012 1013 1014 1015 1031 1032 1044 BG:2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 4974 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 2041 2042 2043 2044 2045 2050 2051 2052 2053 2054 2055 2056 2057 2058 2999 BG:3 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 Tract: 1305.02 BG: 1 1049 1050 1051 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 11121113 11141115 111611171118 1119 11261127 1128 1129 1130 Tract: 1306 BG: 1 1013 1009 1010 1011 1014 1015 1076 1077 1078 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1098 1099 1100 1101 1102 1103 1104 1105 1106 1110 1112 1113 1114 1115 1116 1120 District 002 Forsyth County Tract: 1306 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2070 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2998 2999 District 003 Forsyth County Tract: 1303 BG: 1 1039 1040 1041 1047 1048 1049 1050 1051 1052 1053 1054 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 BG:2 Tract: 1304.01 BG:2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Tract: 1306 BG: 1 ___________GEORGIA LAWS 2002 SESSION_________4975 1012 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1079 1117 1118 1119 BG:2 2069 2071 2072 2073 2074 2075 District 004 Forsyth County Tract: 1301 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1996 1997 1998 1999 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2022 2023 2024 2025 2999 BG:3 Tract: 1302 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 2012 2013 2014 2015 2016 2017 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2048 2049 2055 2056 2057 2070 2071 2078 2995 2998 Tract: 1303 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 Tract: 1304.01 BG: 1 1006 1007 1008 Tract: 1305.01 BG: 1 4976 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II District 005 Forsyth County Tract: 1301 BG:2 201920202021 Tract: 1304.01 BG: 1 1043 1044 Tract: 1304.02 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1045 1999 BG:2 2000 2001 2002 2003 2004 2046 2047 2048 2049 BG:3 300030013002 Tract: 1305.01 BG:2 BG:3 Tract: 1305.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 . 1048 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1120 1121 1122 1123 1124 1125 1131 1132 1133 1134 1135 1136 1137 1994 1995 1996 1997 1998 1999 Tract: 1306 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1095 1096 1097 1107 1108 11091111 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2002 Session of the General Assembly ofGeorgia, legislation to change the composition ofthe districts from which members of the board of education of Forsyth County are elected; to provide for all related matters; to repeal conflicting laws; and for other purposes. __________GEORGIA LAWS 2002 SESSION__________4977 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 16, 2002. (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 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 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 Sworn to and subscribed before me, this 14th day of February, 2002. 4978 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. EARLY COUNTY - BOARD OF EDUCATION; DISTRICTS. No. 652 (House Bill No. 1687). AN ACT To amend an Act reconstituting the Board of Education of Early County, approved February 10,1993 (Ga. L. 1993, p. 3674), as amended, so as to redistrict the Board of Education of Early County; to change the description of the education districts; to provide for the continuation in office of the current members; to provide for the election and terms of office of subsequent members; to provide for related matters; to provide for a certain submission; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act reconstituting the Board of Education of Early County, approved February 10, 1993 (Ga. L. 1993, p. 3674), as amended, is amended by striking Section 2 in its entirety and inserting in its place the following: "SECTION 2. (a) The members of the Board of Education of Early County who are serving on July 1, 2002, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their terms of office and the election and qualification of their respective successors. On and after July 1, 2002, the Board of Education of Early County shall consist of five members elected as provided in this Act. On and after July 1,2002, any election conducted to fill a vacancy on the board of education shall be conducted under the new rather than the former education districts. (b) For the purpose of electing members of the board of education, the Early County School District shall be divided into five education districts, and four of those districts shall be and correspond to those four numbered districts described in and attached to this Act and made a part hereof and further identified as 'Plan ____________GEORGIA LAWS 2002 SESSION_________4979 Name: earlyccsbl Plan Type: LOCAL User: staff Administrator: EARLY'. One member of the board shall be elected from each such district. Each member representing Education Districts 1 through 4 shall be elected only by a majority of the voters residing in that district voting in an election therefor, (c) On or after July 1, 2002, Education District 5 shall consist of all of Early County and the successors to the member representing the new Education District 5 shall be elected at large by a majority of the voters residing in Early County voting in an election therefor. (d)(l) For purposes of this section: (A) The terms Tract' and 'BG' 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 2000 for the State of Georgia; and (B) The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report ofthe Bureau ofthe Census for the United States decennial census of 2000 for the State of Georgia. (2) Any part of the Early County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. (3) Any part of the Early County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia." SECTION 2. Said Act is further amended by striking Section 4 in its entirety and inserting in its place the following: "SECTION 4. (a) All members ofthe board ofeducation serving in office on July 1,2002, shall continue to serve until the expiration ofthe terms for which they were elected and until their respective successors are elected and qualified unless otherwise removed from office as provided by the Constitution and laws of this state. (b) The members ofthe reconstituted Board ofEducation ofEarly County from Education Districts 3 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2002. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. 4980 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (c) The members of the reconstituted Board of Education of Early County from Education Districts 1, 2, and 5 shall be elected at the general election on the Tuesday next following the first Monday in November, 2004. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (d) Successors to members elected under subsections (b) and (c) of this section shall be elected at the general election next preceding the expiration of terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (e) All members of the board shall be nominated and elected in accordance with Chapter 2 ofTitle 21 ofthe O.C.G.A., the 'Georgia Election Code,' in nonpartisan primaries and elections as provided in Code Section 21-2-139 of the O.C.G.A. (f) Each member of the board of education serving in office on July 1,2002, and elected from former Education District 1,2,3,4, or 5 shall on and after said date be deemed to represent new Education District 1,2,3,4, or 5 in which he or she resides.' SECTION 3. It shall be the duty of the attorney for the Board of Education of Early County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all elections and filling of vacancies on the reconstituted Early County Board of Education on or after the effective date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan Name: earlyccsbl Plan Type: LOCAL User: staff Administrator: EARLY Redistricting Plan Components Report District 001 Early County Tract: 9901 BG: 1 1023 1050 1051 1052 1055 1998 Tract: 9902 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 ____________GEORGIA LAWS 2002 SESSION_________4981 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1039 1042 1043 1044 1046 1047 1052 1997 1998 1999 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2021 2030 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3034 3037 3038 3039 3040 3041 3998 3999 Tract: 9903 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2014 2015 2016 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2996 2997 2998 2999 Tract: 9904 BG: 1 1000 1001 1024 1025 1999 Tract: 9905 BG: 1 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1061 1999 District 002 Early County Tract: 9901 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1053 1054 1056 1057 1058 1059 1060 1061 1062 1997 1999 BG:2 Tract: 9904 BG: 1 1002 1003 1004 1005 1019 1020 1021 1022 1023 1026 1027 1028 1029 1030 1031 1043 1044 1045 1046 1998 BG:2 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 4982 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BG:3 301130123013301430163017 District 003 Early County Tract: 9902 BG: 1 1037 1038 1040 1041 1045 1048 1049 1050 1051 1053 1054 1055 BG:2 2018 2019 2020 2022 2023 2024 2025 2026 2027 2028 2029 BG:3 3028 3029 3030 3031 3032 3033 3035 3036 BG:4 Tract: 9903 BG:2 201020132017 Tract: 9904 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG:2 2020 2021 2022 2023 2024 2025 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 District 004 Early County Tract: 9903 BG:2 2018201920202021 Tract: 9904 BG: 1 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 BG:3 3015 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 302930303031 Tract: 9905 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1033 1034 1035 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 ____________GEORGIA LAWS 2002 SESSION_________4983 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1997 1998 BG:2 NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2002 session of the General Assembly of Georgia a bill to amend the district lines for Early County School Board and for Early County Commissioners, and for other purposes 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: February 20, 2002. (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 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. 4984 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/HUGHD.BROOME Hugh D. Broome Representative, 160th District Sworn to and subscribed before me, this 7th day of March, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. JENKINS COUNTY - BOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS; TERMS. No. 653 (House Bill No. 1692). AN ACT To amend an Act establishing a board of commissioners of roads and revenues for the County of Jenkins, approved August 1,1911 (Ga. L. 1911, p. 449), as amended, particularly by an Act approved April 3,1968 (Ga. L. 1968, p. 2960), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for terms of office and election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing a board ofcommissioners ofroads and revenues for the County ofJenkins, approved August 1,1911 (Ga. L. 1911, p. 449), as amended, particularly by an Act approved April 3, 1968 (Ga. L. 1968, p. 2960), is amended by striking ____________GEORGIA LAWS 2002 SESSION__________4985 subsections (a) and (c) of Section 3 and inserting in lieu thereof new subsections (a) and (c) to read as follows: "(a)(l) The board of commissioners of Jenkins County shall be composed of five members. For the purpose of electing members of the board of commissioners of Jenkins County, Jenkins County shall be divided into five commissioner districts. The districts shall be and correspond to those five numbered districts described in and attached to and made a part ofthis Act and further identified as Plan Name: jenkccsbS Plan Type: Local User: Gina Administrator: Jenkins Co. (2) When used in such attachment, the terms Tract' and 'BG' (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 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report ofthe Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part ofJenkins County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of2000 for the State ofGeorgia. Any part ofJenkins County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries ofthat city as shown on the census map for the United States decennial census of 2000 for the State of Georgia." "(c)(l) The members of the board of commissioners who were elected at the general election in November 1998 shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. The members of the board of commissioners who were elected at the general election in November 2000 shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. (2) The first members of the reconstituted board of commissioners of Jenkins County from Commissioner Districts 2 and 5 shall be elected at the state-wide general election in 2002. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (3) The first members of the reconstituted board of commissioners of Jenkins County from Commissioner Districts 1, 3, and 4 shall be elected at the state-wide general election in 2004. Such members shall take office on 4986 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II January 1 following their election for terms of four years and until their successors are elected and qualified. (4) Successors to members elected under paragraphs (2) and (3) of this subsection shall be elected at the state-wide general election next preceding the expiration of such terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (5) Commissioner Districts 1,2,3,4, and 5 as they existed on January 1,2002, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act." SECTION 2. It shall be the duty of the attorney of the governing authority of Jenkins County to submit this Act for approval pursuant to Section 5 ofthe federal Voting Rights Act of 1965, as amended. SECTION 3. The provisions ofthis Act relating to and necessary for the regular election in 2002 of members of the board of commissioners of Jenkins County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2003. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Plan Name: jenkccsb3 Plan Type: Local User: Gina Administrator: Jenkins Co. Redistricting Plan Components Report District 001 Jenkins County Tract: 9601 BG:2 2068 2069 2070 BG:3 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 BG:4 4080 4081 4082 4083 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4114 4115 4116 4117 ____________GEORGIA LAWS 2002 SESSION__________4987 41184119 4120 4121 4122 4123 4124 4125 4126 4127 4132 4133 4134 4135 4136 4137 4138 4140 4141 4142 4143 4144 Tract: 9602 BG: 1 1002 1004 District 002 Jenkins County Tract: 9601 BG:2 2035 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2071 2072 2073 2074 BG:4 4107410841094110411141124113413041314139 BG:5 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028502950305031 5032 BG:6 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6036 6039 6040 District 003 Jenkins County Tract: 9601 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1030 1031 1032 1033 10341035 10361112 1113 1998 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2045 2046 2047 2075 2999 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3060 3061 3997 3998 3999 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4988 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4084 4085 4086 4087 4088 4089 4090 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154 4155 4995 4996 4997 4998 4999 Tract: 9602 BG: 1 1003 1028 1029 1030 1031 1034 1035 1036 1037 1038 1039 1041 1042 1043 1044 1045 1046 1047 1048 1123 1998 1999 District 004 Jenkins County Tract: 9601 BG: 1 1000 1001 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1999 BG:2 2037 2038 2039 2040 2041 2042 2043 2044 BG:4 41284129 BG:5 5000 5001 5002 5003 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5999 BG:6 6000 6001 6002 6003 6004 6031 6032 6033 6034 6035 6037 6038 6041 6042 6043 6044 6045 6046 District 005 Jenkins County Tract: 9602 BG: 1 1000 1001 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1032 1033 1040 1049 1050 1051 1052 1053 1054 1055 1056 _____________GEORGIA LAWS 2002 SESSION_________4989 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 11061107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 BG:2 STATE OF GEORGIA COUNTY OF JENKINS RESOLUTION OF JENKINS COUNTY BOARD OF COMMISSIONERS WHEREAS, the Board ofCommissioners ofRoads and Revenues for the County of Jenkins was established by an Act approved August 1, 1911 (Ga. L. 1911, p. 449); and WHEREAS, the said Act has been amended periodically through the years and more particularly by an Act approved April 3, 1968 (Ga. L. 1968, p. 2960), which established five (5) single-member districts from which the Jenkins County Board of Commission members are elected as modified by Order of the United States District Court for the Southern District of Georgia entered October 4, 1993, in the matter of Greene. et al. v. Bragg. et al.. Civil Action File No. CV 691-078; and WHEREAS, the 2000 decennial census revealed that the existing five (5) singlemember districts are now malapportioned and in violation of the one-person-onevote principle established by the federal courts; and WHEREAS, the Board of Commissioners, in cooperation with the Jenkins County Board of Education, has conferred with and received the technical assistance of the Reapportionment Services Office of the General Assembly of the State of Georgia in the development of a redistricting plan for the five (5) singlemember districts which the Board deems consistent with federal and state law; and WHEREAS, in order to provide for the election of the five (5) Commissioners from the redrawn single-member districts, local legislation must be introduced during the 2002 Session of the Georgia General Assembly; and WHEREAS, the draft of the bill which is attached hereto and made a part of this Resolution incorporates the redistricting plan consistent with state and federal law in a from that may be introduced during the 2002 Session of the Georgia General Assembly. 4990 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II NOW, THEREFORE, BE IT RESOLVED, that the Jenkins County Board of Commissioners approves the draft of the bill providing for the election of the members of the Jenkins County board of Commissioners from five (5) singlemember districts which is attached to and made a part of this Resolution, requests that said bill be introduced as local legislation to be adopted during the 2002 Session of the Georgia General Assembly, and requests that said legislation be submitted to the United States Justice Department for pre-clearance in accordance with the Voting Rights Act of 1965, as amended. This 5th day of March, 2002. JENKINS COUNTY BOARD OF COMMISSIONERS By: J. C. Douglas s/ J. C. Douglas, Chairman Attest: James Alien Knight, III s/ James Alien Knight, III, County Administrator NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2002 Session of the General Assembly of Georgia a bill to amend an Act establishing a Board of Commissioners of County of Jenkins, approved August 1, 1911 (Ga. L. 1911, p. 449), as amended, the most recent Amendment having been approved on April 11, 1979 (Ga. L. 1979, p. 4342), so as to reconstitute the Board of Commissioners of the County of Jenkins; to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the election and terms of office of subsequent members; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 22nd day of February, 2002. Honorable Craig W. Lanier Representative, 145th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Craig H. Lanier, who on oath deposes and says that he is the Representative from the 145th District and further deposes and says as follows: __________GEORGIA LAWS 2002 SESSION__________4991 (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Millen News which is the official organ of Jenkins County on the following date: February 27, 2002. (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 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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ CRAIG H. LANIER Craig H. Lanier Representative, 145th District Sworn to and subscribed before me, this 7th day of March, 2002. s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL) Approved April 25, 2002. 4992 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II TURNER COUNTY - BOARD OF COMMISSIONERS; DISTRICTS. No. 654 (House Bill No. 1817). AN ACT To amend an Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 5782), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 5782), is amended by striking subsections (a) and (b) of Section 1 and inserting in lieu thereof the following: "SECTION 1. (a) There is established in Turner County a board of commissioners which shall be the governing authority of said county and shall be composed of five members, as hereinafter provided. For purposes of electing members to the board, Turner County shall be divided into five commissioner districts which shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: turnerwkOl Plan Type: Local User: staff Administrator: Turner. (b) When used in such attachment, the terms Tract' and 'BG' (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 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Turner County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Turner County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to ____________GEORGIA LAWS 2002 SESSION_________4993 such part which contains the least population according to the United States decennial census of2000 for the State ofGeorgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia." SECTION 2. It is the purpose ofthis Act to reapportion the districts from which members ofthe board ofcommissioners ofTurner County are to be elected in the November, 2002, general election and in subsequent general elections, and this Act results from changes in population based on the United States decennial census of2000. It is not the intention ofthe General Assembly to affect the membership ofcurrent members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members. SECTION 3. It shall be the duty ofthe attorney ofthe board ofcommissioners ofTurner County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2002 ofmembers ofthe board ofcommissioners ofTurner County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2003. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan Name: turnerwkOl Plan Type: Local User: staff Administrator: Turner Redistricting Plan Components Report District 001 Turner County Tract: 9702 BG: 1 1048 1057 1058 BG:3 3000 3001 3002 3003 3004 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3025 3026 3027 3032 3036 4994 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BG:4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4040 4041 4042 4046 4047 4048 4049 4050 4051 4052 4053 4999 BG:5 5008 5009 5010 5011 5012 5013 5014 5025 5026 5027 5028 5031 5032 District 002 Turner County Tract: 9702 BG:3 3023 3024 3028 3029 3030 3031 3033 3034 3035 BG:4 4000 4001 4002 4003 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 BG:5 5029 5030 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 Tract: 9703 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2019 2020 2021 2023 2062 2064 2997 .District 003 Turner County Tract: 9702 BG: 1 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1049 1050 1051 1052 1053 1054 1055 1056 BG:2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 211221132114211521162117211821192120212121222123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 214821492150215121522153215421552156215721582159 ____________GEORGIA LAWS 2002 SESSION__________4995 2160 2161 2162 2163 2164 2165 2166 2167 2993 2994 2995 2996 2997 2998 2999 BG:3 3005 3006 3007 3008 BG:4 4043 4044 4045 Tract: 9703 BG:2 2022 2024 2025 2026 2027 2028 2029 2030 2996 BG:3 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3071 3072 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3988 3989 District 004 Turner County Tract: 9702 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1046 1047 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1999 BG:2 2000 2001 2002 2003 2004 2022 2023 2024 2025 2026 2027 2028 2029203020312048 BG:5 5000 5001 5002 5003 5004 5005 5006 5007 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5999 Tract: 9703 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1036 1043 1999 BG:4 District 005 Turner County Tract: 9703 BG: 1 1034 1035 1037 1038 1039 1040 1041 1042 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 4996 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1992 1993 1994 1995 1996 1997 1998 BG:2 2015 2016 2017 2018 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2063 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101210229982999 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3069 3070 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 31103111 311231133114311531163117311839903991 3992 3993 3994 3995 3996 3997 3998 3999 The Turner County Commissioners met in a called (advertised) meeting on Thursday, February 7, 2002 at 7:00 P.M. with Commissioners Burgess, Dukes, Paulk and Young present. Commissioner Walker was not present for the meeting. Staff present were Mary J. Wynn, County Clerk and John Holland, County Attorney. Chairman Paulk stated a portion of the meeting was going to be a "work session" for the purpose of reviewing and discussing redistricting plans for County Commissioner districts. Chairman Paulk opened the meeting for business at 7:30 P.M. announcing a quorum being present. Motion by Burgess seconded by Young to accept Plan 1 for redistricting Turner County Commissioners for submission to the US Department of Justice. Ayes: Burgess, Dukes and Young Motion by Dukes seconded by Young to adjourn meeting at 7:38 P.M. Ayes: Burgess, Dukes and Young Notice is hereby given that there will be introduced at the regular 2002 Session of the General Assembly of Georgia a bill to amend an Act entitled "An Act creating a board of commissioners of Turner County", approved August 8th, 1927 (Ga. L. 1927, p. 702) as amended; and for other purposes. ____________GEORGIA LAWS 2002 SESSION__________4997 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: February 27, 2002. (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 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 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 27th day of March, 2002. 4998 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. PIERCE COUNTY - BOARD OF EDUCATION; DISTRICTS. No. 655 (House Bill No. 1387). AN ACT To amend an Act providing for the composition and selection of the Board of Education of Pierce County, approved April 12, 1982 (Ga. L. 1982, p. 4649), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office ofcurrent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the composition and selection of the Board of Education of Pierce County, approved April 12, 1982 (Ga. L. 1982, p. 4649), as amended, is amended by striking Section 1 and inserting in lieu thereof the following: "SECTION 1. (a) The Board ofEducation ofPierce County shall be composed of five members to be elected as provided in this section. For purposes ofelecting members ofthe board of education, the Pierce County School District is divided into four education districts. The four education districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: piercep2r Plan Type: Local User: Gina Administrator: Pierce Co. (b) When used in such attachment, the terms Tract' and 'BG' (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 2000 for the State ofGeorgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within ___________GEORGIA LAWS 2002 SESSION__________4999 a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of2000 for the State ofGeorgia. Any part ofthe Pierce County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the Pierce County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (c) Education Districts 1,2,3, and 4, as they exist immediately prior to June 1, 2002, shall continue to be designated as Education Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and on and after June 1, 2002, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act." SECTION 2. Those members of the Board of Education of Pierce County who are serving as such on June 1, 2002, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms ofoffice and upon the election and qualification oftheir respective successors. SECTION 3. It shall be the duty of the attorney of the Board of Education of Pierce County to submit this Act for approval pursuant to Section 5 ofthe federal Voting Rights Act of 1965, as amended. SECTION 4. This section and Section 3 ofthis Act and those provisions ofthis Act necessary for the election of members of the Board of Education of Pierce County in 2002 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective June 1, 2002. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. 5000 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Plan Name: piercep2r Plan Type: Local User: Gina Administrator: Pierce Co. Redistricting Plan Components Report District 001 Pierce County Tract: 9603 BG: 1 1014 1025 1026 1027 1028 1051 1052 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1097 1098 1997 BG:2 2006 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 BG:3 3002 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 305130523053 BG:4 District 002 Pierce County Tract: 9603 BG: 1 1000 1001 1030 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1998 1999 BG:3 3000 3001 3003 Tract: 9604 BG:2 2004 2005 2006 2007 2008 2009 2011 2018 2019 2020 2021 2022 2058 2059 2060 BG:3 BG:4 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 ____________GEORGIA LAWS 2002 SESSION________5001 4068 4069 4070 4071 4072 4095 4096 4097 4098 4099 District 003 Pierce County Tract: 9601 BG: 1 1111 1113 1114 1115 11161117 1118 1120 1121 1122 1123 1127 1128 1129 1133 1134 BG:2 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 21102115211621172999 Tract: 9604 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1021 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1999 BG:2 2000 2001 2002 2003 2010 2012 2013 2014 2015 2016 2017 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2061 2062 2063 2064 2065 2066 2067 2999 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4100 4101 4999 District 004 Pierce County Tract: 9601 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 5002 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1112 1119 1124 1125 1126 1130 1131 1132 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2061 20622111 2112211321142118 Tract: 9602 Tract: 9603 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1029 1031 1050 1053 1054 1080 1081 1095 1096 BG:2 2000 2001 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2073 2074 2075 2089 2090 2999 Tract: 9604 BG: 1 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1022 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2002 session of the General Assembly of Georgia a bill to amend an Act providing for the composition and selection of the Board of Education of Pierce County, approved April 12,1982 (Ga. L. 1982, p. 4649), as amended; and for other purposes. This 17th day of January, 2002. Tommy Smith GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who on oath deposes and says that he is the Representative from the 169th District and further deposes and says as follows: _____________GEORGIA LAWS 2002 SESSION__________5003 (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Pierce County Press which is the official organ of Pierce County on the following date: January 22, 2002. (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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TOMMY SMITH Tommy Smith Representative, 169th District Sworn to and subscribed before me, this 12th day of February, 2002. s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL) Approved April 25, 2002. 5004 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF COMMERCE - BOARD OF EDUCATION; COMPENSATION. No. 656 (House Bill No. 1723). AN ACT To amend an Act providing a new charter for the City of Commerce, approved April 4,1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved February 11, 1993 (Ga. L. 1993, p. 3714), so as to change the compensation for members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the City of Commerce, approved April 4,1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved February 11, 1993 (Ga. L. 1993, p. 3714), is amended by striking subparagraph (H) ofparagraph (40) of subsection (b) of Section 1.12 and inserting in lieu thereof a new subparagraph (H) to read as follows: "(H) The superintendent of schools shall serve as the secretary and treasurer of the board. Members of the board shall, when approved by the board, 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 ofthe 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." SECTION 2. This Act shall become effective on January 1, 2003. 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 in the 2002 Session of the General Assembly of Georgia a bill to provide for compensation for the members of the Commerce City Board of Education. ____________GEORGIA LAWS 2002 SESSION__________5005 This 1st day of March, 2002. Larry White, Superintendent Commerce City Schools 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: March 6, 2002. (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 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 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 13th day of March, 2002. 5006 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II s/SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL) Approved April 25, 2002. HARALSON COUNTY WATER AUTHORITY - PURCHASING; SALES; REVENUE BONDS. No. 657 (House Bill No. 1721). AN ACT To amend the "Haralson County Water Authority Act," approved April 10, 1971 (Ga. L. 1971, p. 3258), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 4247), an Act approved March 25, 1986 (Ga. L. 1986, p. 4657), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3950), so as to change provisions relating to purchasing and sales by the authority; to specify procedures for such purchases and sales; to remove the limit on the principal amount of revenue bonds which can be issued; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The "Haralson County Water Authority Act," approved April 10, 1971 (Ga. L. 1971, p. 3258), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 4247), an Act approved March 25,1986 (Ga. L. 1986, p. 4657), and an Act approved April 4,1997 (Ga. L. 1997, p. 3950), is amended by striking Section 7 in its entirety and inserting in lieu thereof the following: "SECTION 7. Procedures for purchasing and selling. (a) 'Georgia Local Government Public Works Construction Law': Except as provided in this section, the Authority shall at all times comply with the provisions of the 'Georgia Local Government Public Works Construction Law' codified as Chapter 91 of Title 36 of the O.C.G.A., which sets forth requirements for contracting and bidding, bid bonds, performance bonds, and payment bonds. ___________GEORGIA LAWS 2002 SESSION__________5007 (b) Other purchases and selling: For contracts not subject to subsection (a) ofthis section and, except as provided in this section, competitive bids shall be secured before sale by contract or otherwise is made by the Authority or before any contract is awarded for construction, alterations, equipment, repairs or maintenance, or for rendering any services to the Authority other than professional services; and the sale shall be made to the highest responsible bidder, and the purchase shall be made from or the contract shall be awarded to the lowest responsible bidder. All sales of $50,000.00 or more shall be awarded after advertising in the legal organ of Haralson County at least two weeks prior to bid opening. Bids shall be publicly opened and read aloud at a date, time, and place designated in the invitation to bid. Invitations to bid shall be sent at least one week prior to the bid opening to at least three potential bidders who are qualified technically and financially to submit bids, or, in lieu thereof, the Authority shall keep on file a memorandum showing that fewer than three potential bidders so qualified exist in the market area within which it is practicable to obtain bids. Sales under $50,000.00 may be negotiated with or without competitive bidding under sound procedures promulgated and established by the Authority. The Authority shall have the right to reject any or all bids, whenever in the opinion of the Authority such rejection is necessary for the protection ofthe interest ofthe Authority. In such cases, the Authority shall readvertise for new bids on the same or different terms. Contracts where the total price is under $50,000.00 for construction, alterations, equipment, repairs or maintenance, or for rendering any services to the Authority may be negotiated with or without competitive bidding under sound procedures as promulgated and established by the Authority. (c) Emergency purchases: Procurement of written price quotations and competitive bidding may be waived if it is determined by the Authority that an emergency directly and immediately affecting customer service or public health, safety, or welfare requires immediate delivery of supplies, materials, equipment, or services; provided, however, that a record explaining the emergency shall be submitted to the governing authority of Haralson County.' SECTION 2. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows: "SECTION 10. Revenue bonds. The Authority, or any authority or body which had 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 negotiable revenue bonds of the Authority for the purpose of paying all or any part of the cost as herein defined 5008 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II of any one or more projects. The principal and interest of such revenue bonds shall by payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the interest allowed by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond Law,' as now or hereafter amended, payable semiannually, 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." 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 is given that there will be introduced at the 2002 Session of the General Assembly of Georgia a Bill to modify the Act that created the Haralson County Water Authority; to modify requirements for purchases and sales made by the Authority; to remove the limit on the principal amount of revenue bonds which can be issued; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 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 7, 2002. (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 2002 SESSION_________5009 __ 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 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 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 13 day of March, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. CLARKE COUNTY - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 658 (House Bill No. 1719). AN ACT To provide for a homestead exemption from certain Clarke County School District ad valorem taxes for educational 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 for certain residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and 5010 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 Clarke County School District except for taxes to pay interest on and to retire school 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. (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 Clarke County School District who is a senior citizen is granted an exemption on that person's homestead from all Clarke County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value ofthat homestead exceeds its base year assessed value. 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 calculated reflecting such removal. 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 tax commissioner of Athens-Clarke County giving the person's age and such information relative to receiving such exemption as will enable the tax commissioner ofAthens-Clarke County to make a determination as to whether such owner is entitled to such exemption. (d) The tax commissioner of Athens-Clarke County shall provide affidavit and application forms for the exemption granted by subsection (b) ofthis 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 ____________GEORGIA LAWS 2002 SESSION__________5011 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 ofany person granted the homestead exemption under subsection (b) ofthis section to notify the tax commissioner ofAthens-Clarke County 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, unified government ad valorem taxes for unified government purposes, or municipal ad valorem taxes for municipal purposes ofany municipality which is not a part of the "Unified Government of Athens-Clarke County, Georgia." The homestead exemption granted by subsection (b) ofthis section shall be in addition to and not in lieu of 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, 2003. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent ofAthens-Clarke County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Clarke County School District for approval or rejection. The election superintendent shall conduct that election on the date ofthe 2002 state-wide general primary and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Athens-Clarke County. The ballot shall have written or printed thereon the words: "YES ( ) Shall the Act be approved which provides a homestead exemption from certain Clarke County School District ad valorem taxes for NO ( ) educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value ofsuch homestead for certain residents ofthat school district who are 65 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 ofthe votes cast on such question are for approval ofthe 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 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 Athens-Clarke County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. 5012 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 STATE OF GEORGIA ATHENS-CLARKE COUNTY Notice is hereby given that there will be introduced at the Regular 2002 Session of the General Assembly of Georgia a bill to grant to residents of Clarke County School District, upon their homesteads, an additional exemption for individuals over 65 years of age. This Notice is given pursuant to O.C.G.A. Sec. 28-1-14, as amended. This 22nd day of February, 2002. Lyndon J. Goodly President, Clarke County Board of Education 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: March 1, 2002. (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 2002 SESSION_________5013 __ 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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ LOUISE MCBEE Louise McBee Representative, 88th District Sworn to and subscribed before me, this 7th day of March, 2002. s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL) Approved April 25, 2002. FLOYD COUNTY - HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 659 (House Bill No. 1785). AN ACT To provide for a homestead exemption from certain Floyd 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 5014 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 Floyd 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 Floyd County is granted an exemption on that person's homestead from all Floyd 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 of the 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 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 Floyd 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 Floyd 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 vear 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 nerson granted the homestead exemption under subsection (b) of this section to ____________GEORGIA LAWS 2002 SESSION_________5015 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, 2003. SECTION 2. 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 Floyd County for approval or rejection. The election superintendent shall conduct that election on the date of the 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 thereofin the official organ ofFloyd County. The ballot shall have written or printed thereon the words: "YES ( ) Shall the Act be approved which provides a homestead exemption from certain Floyd 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, 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 Floyd 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. 5016 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 2002 session of the General Assembly of Georgia a bill to provide for a homestead exemption from certain Floyd 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 18th day of March, 2002. Representative E. M. Childers 13th District Richard O. Marable 52nd District Paul Smith, 12th Direct Reece, llth District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers, who on oath deposes and says that he is 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: March 20, 2002. (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 notification is attached hereto. ____________GEORGIA LAWS 2002 SESSION__________5017 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ E. M. CHILDERS E. M. Childers Representative, 13th District Sworn to and subscribed before me, this 21st day of March, 2002. s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL) Approved April 25, 2002. CITY OF ROME - HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 660 (House Bill No. 1784). AN ACT To provide for a homestead exemption from certain City ofRome 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: 5018 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 Rome, 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 Rome is granted an exemption on that person's homestead from all City of Rome 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 Rome, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Rome, 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 Rome, 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 ____________GEORGIA LAWS 2002 SESSION__________5019 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 Rome, 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, 2003. SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of 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 City of Rome for approval or rejection. The municipal election superintendent shall conduct that election on the date ofthe 2002 state-wide general election 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 Floyd 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 Rome 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, 2003. 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 Rome. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State. 5020 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 given that there will be introduced at the regular 2002 session of the General Assembly of Georgia a bill to provide for a homestead exemption from certain City of Rome 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. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers, who on oath deposes and says that he is 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: March 23, 2002. (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 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 2002 SESSION_________5021 __ 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ E. M. CHILDERS E. M. Childers Representative, 13th District Sworn to and subscribed before me, this 25th day of March, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. CITY OF AC WORTH - REDEVELOPMENT POWERS; REFERENDUM. No. 661 (House Bill No. 1787). AN ACT To authorize the City of Acworth 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 Acworth 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 Acworth to undertake and cany 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 5022 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II amended, and to authorize the City of Acworth 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 ofthe City of Acworth 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 Acworth 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 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 Cobb County. The ballot shall have written or printed thereon the words: "YES ( ) Shall the Act be approved which authorizes Acworth to exercise redevelopment powers under the 'Redevelopment Powers Law,' 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-halfofthe votes cast on such question are for approval ofthe 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 ifthe 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 Acworth. 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 2002 session of the General Assembly of Georgia a bill to authorize the City of Acworth 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, effective dates, and ___________GEORGIA LAWS 2002 SESSION________5023 automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. 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: March 22, 2002. (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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ROGER HINES Roger Hines Representative, 38th District Sworn to and subscribed before me, this 25th day of March, 2002. 5024 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. BIBB COUNTY - BOARD OF EDUCATION; SCHOOL TAX LEVY, BUDGET, AND REFERENDUM AMENDMENT REPEALED. No. 662 (House Bill No. 1788). AN ACT To repeal an Act amending the Act establishing the Board of Public Education and Orphanage for Bibb County and which was contingent upon approval of the voters of Bibb County in a referendum to be conducted on the date of the November, 2002, general election, approved April 13,2001 (Ga. L. 2001, p. 3595); to provide for the effect of such repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act amending the Act establishing the Board of Public Education and Orphanage for Bibb County and which was contingent upon approval ofthe voters of Bibb County in a referendum to be conducted on the date of the November, 2002, general election, approved April 13,2001 (Ga. L. 2001, p. 3595), is repealed in its entirety and such referendum shall not be conducted. The laws relating to the Board of Public Education and Orphanage for Bibb County which are otherwise in effect shall remain in effect until otherwise amended or repealed as if such 2001 amendatory Act had not been enacted. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. GEORGIA, BIBB COUNTY NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Pursuant to the provisions of O.C.G.A. Sec. 28-1-14, notice is hereby given that application will be made to the 2002 Session of the General Assembly of Georgia ___________GEORGIA LAWS 2002 SESSION_________5025 to repeal an Act approved April 13, 2002 (Ga. L. 2001, pp. 3595, et seq.), which Act changed the provisions of law providing for the certification and levy of a school tax in Bibb County and provided for a referendum for the approval thereof. This 20th day of March, 2002. s/ Warren Plowden, Jr. Attorney for the Bibb County School District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David E. Lucas, Sr., 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 Macon Telegraph which is the official organ ofBibb County on the following date: March 23, 2002. (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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. 5026 LOCAL AND SPECIAL ACTS AND RESOLUTIONS. VOL. II s/DAVIDE. LUCAS, SR. David E. Lucas, Sr. Representative, 124th District Sworn to and subscribed before me, this 25th day of March, 2002. s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL) Approved April 25, 2002. CHEROKEE COUNTY - BOARD OF EDUCATION; COMPENSATION. No. 663 (House Bill No. 1792). AN ACT To amend an Act providing for the membership of the Board of Education of Cherokee County, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4210), and by an Act approved April 5, 1994 (Ga. L. 1994, p. 4898), so as to change provisions relating to the compensation of the members of said 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 membership of the Board of Education of Cherokee County, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 25,1994(Ga.L. 1994, p. 4210), and by an Act approved April 5, 1994 (Ga. L. 1994, p. 4898), is amended by striking Section 4B and inserting in its place a new Section 4B to read as follows: 'SECTION 4B. The members of the board of education shall be compensated in the amount of $600.00 per month. Such compensation shall be paid from funds of the board of education." ____________GEORGIA LAWS 2002 SESSION________5027 SECTION 2. This Act shall become effective on January 1, 2003. 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 2002 session of the General Assembly of Georgia a bill to amend an Act approved April 17,1973 (Ga. L. 1973 P. 3207) as amended particularly by an Act approved March 25,1994 (Ga. L. 1994, P. 4210), so as to provide for the compensation of the members of the Board of Education of Cherokee County; and for other purposes. 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: March 22, 2002. (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 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 5028 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II to the county governing authority within which the area 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 22nd day of March, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. CITY OF MCDONOUGH - CORPORATE LIMITS; REFERENDUM. No. 664 (House Bill No. 1796). AN ACT To amend an Act reincorporating the City ofMcDonough, Georgia, approved April 6, 1981 (Ga. L. 1981, p. 3387), as amended, so as to change the corporate boundaries of said city; to provide for related matters; to provide for a referendum; to provide effective dates; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act reincorporating the City of McDonough, Georgia, approved April 6, 1981 (Ga. L. 1981, p. 3387), as amended, is amended by adding at the end of Section 1.11 a new subsection (f) to read as follows: *(f) The corporate boundaries of the city shall also include the following described property: All that tract or parcel of land lying and being in land lot(s) 111,112,113,114 and 144 of the 6th land district and land lot(s) 97, 98, 99, 125, 126, 127,128, 129,130,131, 132, 156,157,158,159, 160,161, 162, 163 and 164 ofthe 7th land district of Henry County, Georgia, said tract or parcel being more __________GEORGIA LAWS 2002 SESSION__________5029 particularly described as follows: Commencing at the Southwest corner of the intersection of the Southern right of way line of State Route 20/81; thence Westerly along the Southern right of way of State Route 20/81, a distance of 1658.4 feet to a point on the centerline of an unnamed creek; thence running North 22 degrees 17 feet West, a distance of 80.0 feet to the Northern right of way of State Route 20/81 and also being the True Point of Beginning; thence running Southwesterly along the Northern right ofway line of State Route 20/81 and the existing City Limits of the City of McDonough to a point located 2110.36 feet East of the intersection of the Northern right of way line of SR 20/81 and the centerline of Willow Lane; thence running North 17 degrees 41 feet 28 inches West along the existing City Limits of the City of McDonough, a distance of 571.76 feet to a point; thence running South 80 degrees 28 feet 00 inches West along the existing City Limits of the City of McDonough, a distance of 410.26 feet to a point; thence running South 09 degrees 33 feet 36 inches East along the existing City Limits of the City of McDonough, a distance of 616.09 feet to a point located on the Northern right of way line of SR 20/81 and the existing City Limits of the City of McDonough; thence running Southwesterly along the Northern right ofway line of SR 20/81 and along the existing City Limits of the City of McDonough, a distance of 1611.00 feet to a point located at the intersection of the Northern right of way line of SR 20/81 and the centerline of Willow Lane; thence running Southwesterly along the Northern right of way line of SR 20/81 and the existing City Limits of the City of McDonough to a point located at the intersection of the existing City Limits of the City of McDonough and the Northern right of way of SR 20/81 and the Eastern property line of the WalMart Access Roadway; thence running North 52 degrees 43 feet 57 inches West along the existing City Limits ofthe City of McDonough, a distance of 290.74 feet to a point; thence running North 53 degrees 10 feet 06 inches West along the existing City Limits ofthe City of McDonough, a distance of 50.01 feet to a point; thence running North 81 degrees 00 feet 49 inches West along the existing City Limits of the City of McDonough, a distance of 31.26 feet to a point; thence running North 59 degrees 38 feet 46 inches West along the existing City Limits of the City of McDonough, a distance of 55.76 feet to a point; thence running along the existing City Limits ofthe City ofMcDonough along a curve to the right, an arc distance of 20.53 feet, said curve having a radius of 190.00 feet and being subtended by a chord distance of 20.52 feet at a bearing of North 56 degrees 33 feet 04 inches West, to a point; thence running North 53 degrees 27 feet 22 inches West along the existing City Limits of the City of McDonough, a distance of 245.79 feet to a point; thence running North 53 degrees 32 feet 57 inches West along the existing City Limits ofthe City of McDonough, a distance of 307.83 feet to a point; thence running along the existing City Limits ofthe City ofMcDonough along a curve to the right, an 5030 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II arc distance of 221.62 feet, said curve having a radius of 141.00 feet and being subtended by a chord distance of 199.50 feet at a bearing of North 08 degrees 25 feet 44 inches West, to a point; thence running North 36 degrees 35 feet 55 inches East along the existing City Limits of the City of McDonough, a distance of 211.26 feet to a point; thence running North 32 degrees 25 feet 27 inches East along the existing City Limits of the City of McDonough, a distance of 62.34 feet to a point; thence running North 36 degrees 35 feet 55 inches East along the existing City Limits of the City of McDonough, a distance of 337.19 feet to a point; thence running North 50 degrees 10 feet 44 inches East along the existing City Limits of the City of McDonough, a distance of 87.37 feet to a point; thence running North 36 degrees 35 feet 55 inches East along the existing City Limits of the City of McDonough, a distance of 43.37 feet to a point located on the Southwestern right of way of Willow Lane (80 feet right of way); thence running North 49 degrees 34 feet 28 inches West along the existing City Limits of the City of McDonough and the Southwestern right of way of Willow Lane, a distance of 290.46 feet to a point, said point also being the intersection of the Southwestern right of way of Willow Lane and the line common to Land Lots 159 and 162; thence running North 49 degrees 37 feet 40 inches West along the existing City Limits of the City of McDonough and the Southwestern right of way of Willow Lane, a distance of 208.77 feet to a point; thence leaving said right of way of Willow Lane and running South 67 degrees 29 feet 13 inches West along the existing City Limits of the City of McDonough, a distance of 351.93 feet to a point; thence running North 89 degrees 54 feet 12 inches West along the existing City Limits of the City of McDonough, a distance of 350.12 feet to a point; thence running North 89 degrees 50 feet 11 inches West along the existing City Limits of the City of McDonough, a distance of 297.90 feet to a point; thence running South 67 degrees 24 feet 39 inches West along the existing City Limits of the City of McDonough, a distance of 529.07 feet to a point, said point being located on the Eastern right of way of Interstate 75; thence running Northwest along the Eastern right of way of Interstate 75 to its intersection with the Northern right of way of Jonesboro Road; thence running Easterly along the Northern right of way of Jonesboro Road to a point located at the intersection of the Northern right ofway ofJonesboro Road with the existing City Limits ofthe City of McDonough, said City Limits being a circle having a radius of 3960 feet and being centered on the McDonough Square; thence running Southerly along the existing City Limits of the City of McDonough, a distance of 80.0 feet to a point on the Southern right of way of Jonesboro Road (80 feet right of way), said point being at the intersection of the Southern right ofway ofJonesboro Road with the existing City Limits ofthe City of McDonough; thence running in a Southerly direction along the existing City Limits of the City of McDonough, said City Limit being a circle having a radius of 3960 feet and being centered on the McDonough _________GEORGIA LAWS 2002 SESSION________5031 Square, a distance of 340.1 feet, more or less, to a point at the intersection of the existing City Limits with the Northerly property line of Lots 8 and 9 of the Whispering Pines Subdivision, recorded in Plat Book 20 Page 36, Henry County, Georgia records; thence running North 59 degrees 11 feet 59 inches West along the existing City Limits of the City of McDonough, a distance of 225.23 feet to a point; thence running South 24 degrees 54 feet 50 inches West along the existing City Limits of the City of McDonough, a distance of 1057.91 feet to a point; thence running North 87 degrees 44 feet 27 inches West along the existing City Limits of the City of McDonough, a distance of 1724.39 feet to a point; thence running North 46 degrees 53 feet 44 inches East along the existing City Limits of the City of McDonough, a distance of 85.35 feet to a point; thence running North 29 degrees 17 feet 06 inches East along the existing City Limits of the City of McDonough, a distance of 564.19 feet to a point; thence running North 62 degrees 38 feet 10 inches East along the existing City Limits of the City of McDonough, a distance of 174.24 feet to a point; thence running North 17 degrees 33 feet 57 inches East along the existing City Limits of the City of McDonough, a distance of 191.06 feet to a point; thence running North 31 degrees 47 feet 17 inches East along the existing City Limits of the City of McDonough a distance of 240.44 feet to a point; thence running North 51 degrees 13 feet 00 inches East along the existing City Limits of the City of McDonough, a Distance of 251.80 feet to a point; thence running North 04 degrees 24 feet 19 inches East along the existing City Limits of the City of McDonough, a distance of 350.72 feet to a point; thence running North 18 degrees 48 feet 07 inches East along the existing City Limits of the City of McDonough, a distance of 313.34 feet to a point; thence running North 12 degrees 43 feet 31 inches East along the existing City Limits of the City of McDonough, a distance of 166.69 feet to a point, said point located on the Southern right of way ofJonesboro Road (80 feet right ofway); thence running Northwesterly along the Southern right of way of Jonesboro Road and the existing City Limits of the City of McDonough to a point located on the Eastern right of way ofKelly Road (60 feet right ofway) at its intersection with the Southern right of way of Jonesboro Road (80 feet right of way); thence running Northwesterly along the Southern right ofway ofJonesboro Road to a point on the Western right of way of Kelly Road (60 feet right of way); at its intersection with the Southern right of way of Jonesboro Road, a distance of 60 feet to a point; thence running North 74 degrees 57 feet 57 inches West along the Southern right of way of Jonesboro Road and the existing City Limits of the City of McDonough, a distance of 192.94 feet to a point; thence leaving said right of way of Jonesboro Road (80 feet right of way) and running South 18 degrees 30 feet 00 inches West along the existing City Limits of the City of McDonough, a distance of 404.63 feet to a point; thence running Southeast along the existing City Limits of the City of McDonough, a distance of 185.96 feet to a point located on the Western 5032 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II right of way of Kelly Road (60 feet right of way), said point being located 415.0 feet, as measured along the Western right of way of Kelly Road, Southwesterly ofthe intersection ofthe Western right ofway ofKelly Road and the Southern right of way of Jonesboro Road; thence running South 22 degrees 45 feet 28 inches West along the Western right of way of Kelly Road, a distance of 275.66 feet to a point; thence leaving the right of way of Kelly Road and running North 68 degrees 24 feet 53 inches West along the existing City Limits ofthe City of McDonough, a distance of293.37 feet to a point; thence running North 73 degrees 58 feet 26 inches West along the existing City Limits of the City of McDonough, a distance of 288.04 feet to a point; thence running North 73 degrees 58 feet 26 inches West along the existing City Limits of the City of McDonough, a distance of 511.57 feet to a point; thence running North 83 degrees 10 feet 34 inches West along the existing City Limits of the City of McDonough, a distance of724.44 feet to a point; thence running South 02 degrees 43 feet 39 inches West along the existing City Limits of the City of McDonough, a distance of 589.01 feet to a point; thence running South 02 degrees 35 feet 47 inches West along the existing City Limits of the City of McDonough, a distance of 31.79 feet to a point; thence running South 02 degrees 35 feet 49 inches West along the existing City Limits of the City of McDonough, a distance of 118.22 feet to a point; thence running South 02 degrees 33 feet 23 inches West along the existing City Limits of the City of McDonough, a distance of 150.23 feet to a point; thence running South 02 degrees 39 feet 12 inches West along the existing City Limits ofthe City of McDonough, a distance of 149.55 feet to a point; thence running South 02 degrees 34 feet 26 inches West along the existing City Limits of the City of McDonough, a distance of 115.87 feet to a point; thence running South 66 degrees 53 feet 01 inches East along the existing City Limits of the City of McDonough, a distance of 1395.64 feet to a point, said point being located on the Western right of way of Kelly Road (60 feet right of way); thence running Northeast along the Western right of way of Kelly Road to the point of intersection of the Western right of way of Kelly Road (60 feet right of way) with the Southern right of way of Jonesboro Road (80 feet right of way); thence running Southeasterly along the Southern right of way of Jonesboro Road, a distance of 60 feet to a point, said point being the point of intersection of the Southern right of way of Jonesboro Road with the Eastern right of way of Kelly Road; thence running South 20 degrees 18 feet 44 inches West along the Eastern right of way of Kelly Road and the existing City Limits of the City of McDonough, a distance of 820.60 feet to a point; thence leaving the right of way of Kelly Road and running South 70 degrees 35 feet 52 inches East along the existing City Limits of the City of McDonough, a distance of'272.27 feet to a point; thence running South 19 degrees 48 feet 00 inches West along the existing City Limits ofthe City ofMcDonough, a distance of 1200.93 feet to a point; thence running South 21 degrees 07 feet 37 inches West along the existing _________GEORGIA LAWS 2002 SESSION__________5033 City Limits of the City of McDonough, a distance of 646.96 feet to a point; thence running North 64 degrees 37 feet 27 inches West along the existing City Limits ofthe City ofMcDonough, a distance of 282.59 feet to a point, said point being located on the Eastern right of way of Kelly Road (60 feet right ofway); thence running South 25 degrees 22 feet 32 inches West along the right of way of Kelly Road and the existing City Limits of the City of McDonough, a distance of50.0 feet to a point; thence leaving th right ofway ofKelly Road and running South 64 degrees 37 feet 27 inches East along the existing City Limits ofthe City ofMcDonough, a distance of272.25 feet to a point; thence running South 25 degrees 22 feet 32 inches West along the existing City Limits of the City of McDonough, a distance of 1020.00 feet to a point; thence running South 26 degrees 31 feet 49 inches West along the existing City Limits of the City of McDonough, a distance of 625.50 feet to a point; thence running North 63 degrees 28 feet 11 inches West along the existing City Limits ofthe City ofMcDonough, a distance of272.99 feet to a point, said point being located on the Eastern right of way of Kelly Road (60 feet right of way); thence running South 26 degrees 31 feet 49 inches West along the Eastern right of way of Kelly Road and the existing City Limits of the City of McDonough, a distance of 5000 feet to a point; thence leaving the right ofway ofKelly Road and running South 63 degrees 28 feet 11 inches East along the existing City Limits of the City of McDonough, a distance of 272.35 feet to a point; thence running South 28 degrees 06 feet 32 inches West along the existing City Limits of the City of McDonough, a distance of 421.03 feet to a point; thence running North 61 degrees 53 feet 27 inches West along the existing City Limits of the City of McDonough, a distance of 272.25 feet to a point, said point being located on the Eastern right of way of Kelly Road (60 feet right of way); thence South 28 degrees 06 feet 32 inches West along the Eastern right ofway ofKelly Road and the Existing City Limits ofthe City ofMcDonough, a distance of 861.82 feet to a point, said point being located on the Eastern right of way of Kelly Road (60 feet right of way); at its intersection with the Northern right of way of Bridges Road (60 feet of right of way); thence running South 40 degrees 18 feet 36 inches West along the existing City Limits of the City of McDonough, a distance of 88.85 feet to a point, said point being located on the Southern right of Way of Bridges Road (60 feet of right of way); thence running South 23 degrees 57 feet 00 inches West along the existing City Limits of the City of McDonough, a distance of 548.17 feet to a point, said point being located on the line common to Land Lots 130 and 159; thence running South 89 degrees 01 feet 00 inches East along this common land lot line and the existing City Limits of the City of McDonough, a distance of 1642.05 feet to a point; thence running South 89 degrees 01 feet 00 inches East along the said land lot line and the existing City Limits of the City of McDonough, a distance of 850.17 feet to a point, said point being the point where the line common to Land Lots 130 and 159 intersects the Southern 5034 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II right of way of Bridges Road (60 feet right of way); thence running North 85 degrees 23 feet 09 inches East along the existing City Limits of the City ofMcDonough; a distance of241.56 feet to a point, said point being located on the Northern right of way of Bridges Road (60 feet right of way); thence running South 87 degrees 47 feet 11 inches East along the Northern right of way of Bridges Road and the existing City Limits of the City of McDonough, a distance of 970.00 feet to a point; thence running South 87 degrees 47 feet 11 inches East along the Northern right of way of Bridges Road and the existing City Limits of the City of McDonough, a distance of 513.76 feet to a point; thence running South 87 degrees 47 feet 11 inches East along the Northern right of way of Bridges Road and the existing City Limits of the City of McDonough a distance of 673 feet more or less to a point, said point being located on the Northern right ofway ofBridges Road 493.28 feet Westerly from the intersection of the Northern right of way of Bridges Road with the line common to Land Lots 131 and 132; thence leaving the right of way of Bridges Road and running South 00 degrees 22 feet 38 inches West, a distance of 30.0 feet to a point, said point being located on the centerline of Bridges Road, said point also being on the Northern land lot line of Land Lot 158 and being 493.28 feet Westerly as measured along the said land lot line from intersection with the common corners of Land Lots 131, 132, 157 and 158; thence running South 00 degrees 22 feet 38 inches West along the existing City Limits of the City of McDonough, a distance of 40.00 feet to a point; thence running South 56 degrees 42 feet 30 inches West along the existing City Limits of the City of McDonough, a distance of 193.92 feet to a point; thence running South 21 degrees 36 feet 13 inches West along the existing City Limits of the City of McDonough, a distance of 378.58 feet to a point, said point located on the centerline ofa Tributary ofCamp Creek; thence running along the centerline of said Tributary and the existing City Limits ofthe City ofMcDonough and following the meanderings thereofNorth 72 degrees 04 feet 23 inches West, a distance of 89.68 feet to a point, thence continuing along said centerline and City Limits North 57 degrees 22 feet 47 inches West a distance of 81.00 feet to a point located at the intersection of the centerlines of said Tributary of Camp Creek and Camp Creek; thence running along the centerline of Camp creek and the existing City Limits of the City of McDonough and following the meanderings thereof the following courses and distances; South 48 degrees 22 feet 55 inches West a distance of 116.02 feet; South 75 degrees 39 feet 58 inches West, a distance of 101.59 feet; South 78 degrees 19 feet 12 inches West, a distance of 77.00 feet; South 73 degrees 53 feet 21 inches West a distance of 184.00 feet; North 87 degrees 14 feet 39 inches West a distance of 233.50 feet to a point; thence leaving the centerline of said creek and running North 01 degrees 26 feet 40 inches East, along the existing City Limits of the City of McDonough, a distance of 563.29 feet to a point, said point being located on the centerline of Bridges Road and the _________GEORGIA LAWS 2002 SESSION__________5035 Northern land lot line of Land Lot 158; thence running South 87 degrees 08 feet 54 inches East along the centerline ofBridges Road and the said land lot line and the existing City Limits of the City of McDonough, a distance of 252.58 feet to a point; thence running South 89 degrees 47 feet 06 inches East along the centerline ofBridges Road and the existing City Limits ofthe City of McDonough, a distance of 325.51 feet to a point; thence running South 87 degrees 34 feet 29 inches East along the centerline ofBridges Road and the existing City Limits ofthe City ofMcDonough, a distance of200.02 feet to a point; thence running South 88 degrees 45 feet 38 inches East along the centerline of Bridges Road and the existing City Limits of the City of McDonough, a distance of 281.51 feet to a point; thence running South 89 degrees 40 feet 23 inches East along the centerline of Bridges Road and the existing City Limits of the City of McDonough, a distance of 52.90 feet to a point, said point being located on the Northern land lot line of Land Lot 158, a distance of 493.28 feet Westerly as measured along the said land lot line from its intersection with the common corners of Land Lots 131, 132, 157 and 158; thence running North 00 degrees 22 feet 38 inches East, a distance of30.0 feet to a point, said point being located on the Northern right of way of Bridges Road (60 feet right of way); thence running South 87 degrees 47 feet 11 inches East along the Northern right of way of Bridges Road and the existing City Limits of the City of McDonough, a distance of 820.2 feet, more or less, to a point; thence following a curve to the left along the Northern right of way of Bridges Road and the existing City Limits of the City of McDonough; a distance of 376.48 feet to a point, said curve having a radius of749.32 feet and being subtended by a chord of372.53 feet with a bearing North 77 degrees 49 feet 12 inches East; thence running North 63 degrees 25 feet 36 inches East along the Northern right of way of Bridges Road and the existing City Limits of the City of McDonough, a distance of 305.60 feet to a point; thence following a curve to the right, along the Northern right ofway ofBridges Road and the existing City Limits of the City of McDonough, a distance of 406.73 feet to a point, said curve having a radius of896.37 feet and being subtended by a chord of403.25 feet with a bearing of North 76 degrees 25 feet 33 inches East; thence running North 89 degrees 25 feet 29 inches East along the northern right of way of Bridges Road and the existing City Limits of the City of McDonough a distance of 771.11 feet to a pont; thence leaving the Northern right of way of Bridges Road and running North 01 degrees 04 feet 31 inches West along the existing City Limits ofthe City ofMcDonough, a distance of 198.98 feet to a point; thence running South 87 degrees 52 feet 55 inches East along the existing City Limits of the City of McDonough, a distance of 207.60 feet to a point; thence running North 00 degrees 19 feet 19 inches West along the existing City Limits of the City of McDonough, a distance of 411.04 feet to a point; thence running North 01 degrees 14 feet 46 inches east along the existing City Limits of the City of McDonough, a distance of 204.86 feet to 5036 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II a point; thence running South 87 degrees 46 feet 46 inches East along the existing City Limits of the City of McDonough, a distance of 211.48 feet to a point, said point being located on a circle having a radius of 3960 feet and being centered on the McDonough Square; thence running in a Southerly direction along the existing City Limits ofthe City ofMcDonough, said City Limits being a circle having a radius of 3960 feet and being centered on the McDonough Square, to a point where said City Limits intersects the Southern right of way of Bridges Road (50 feet right of way), said right of way being the existing City Limits of the City of McDonough; thence running North 89 degrees 34 feet 20 inches west along the Southern right of way of Bridges Road and the existing City Limits of the City of McDonough, a distance of 272.39 feet to a point; thence running South 86 degrees 12 feet 28 inches West along the Southern right of way of Bridges Road and the existing City Limits of the City of McDonough, a distance of 468.25 feet to a point; thence leaving the right of way of Bridges Road (50 feet right of way) and running South 10 degrees 38 feet 00 inches East along the existing City Limits of the City of McDonough, a distance of 90.00 feet to a point; thence running South 83 degrees 18 feet 57 inches West along the existing City Limits of the City of McDonough, a distance of 480.00 feet to a point; thence running South 51 degrees 57 feet 42 inches East along the existing City Limits of the City of McDonough, a distance of 409.00 feet to a point; thence running South 86 degrees 21 feet 00 inches East along the existing City Limits of the City of McDonough, a distance of 64.00 feet to a pont; thence running South 02 degrees 33 feet 25 inches West along the existing City Limits of the City of McDonough, a distance of 442.00 feet to a point; thence running South 89 degrees 45 feet 11 inches East along the existing City Limits of the City of McDonough, a distance of 1267.02 feet to a pont, said point being located on a circle having a radius of 3960 feet and being centered on the McDonough Square; thence running in Southeasterly direction along the existing City Limits of the City of McDonough, said City Limits being a circle having a radius of 3960 feet and being centered on the McDonough Square, to a point where said City Limits intersects the Northern right of way of State Route 20/81 (80 feet right of way); thence running Southwesterly along the Northern right ofway of State Route 20/81 to a point, said point being the Point of Beginning." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent ofHenry County shall call a special election for the purpose of submitting this Act for approval or rejection to the electors, as defined in Code Section 21-2-2 of the O.C.G.A., residing in the territory proposed to be annexed into the City of McDonough by Section 1 of this Act. The superintendent shall set the date of such election for the third Tuesday in September, 2002. The superintendent shall issue the call for such election at least 30 days prior to the date ____________GEORGIA LAWS 2002 SESSION__________5037 thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words: "YES ( ) Shall the Act be approved which annexes into the City of McDonough certain described territory?" NO ( ) 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 upon the first day of the month following the certification of the results of such election. 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 shall be automatically repealed January 1, 2003. The expense of such election shall be borne by the City of McDonough and paid to Henry County. It shall be the duty ofthe election superintendent ofHenry County to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. SECTION 3. Except for Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 ofthis Act shall become effective as provided in Section 2 of this Act. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. "NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION CITY OF MCDONOUGH, GEORGIA Notice is given that there will be introduced at the regular 2002 session of the General Assembly of Georgia, a bill to amend the Charter of the City of McDonough, Georgia by redefining and making certain additions to the City's corporate limits; to provide for related matters; and for other purposes." 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 Daily Herald which is the official organ of Henry County on the following date: February 22, 2002. 5038 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 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 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 18 day of March, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. ____________GEORGIA LAWS 2002 SESSION__________5039 LINCOLN COUNTY - BOARD OF ELECTIONS AND REGISTRATION; COMPENSATION. No. 665 (House Bill No. 1798). AN ACT To amend an Act creating a board of elections and registration for Lincoln County, approved April 4, 1996 (Ga. L. 1996, p. 4210), so as to provide for compensation for members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a board of elections and registration for Lincoln County, approved April 4, 1996 (Ga. L. 1996, p. 4210), is amended by striking Section 14 and inserting in lieu thereof a new Section 14 to read as follows: 'SECTION 14. The members of the board of elections and registration shall receive $30.00 for each day of service on behalf of the board payable from the funds of Lincoln County.' SECTION 2. This Act shall become effective on January 1, 2003. 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 2002 session of the General Assembly of Georgia a bill to amend an Act relating to the Lincoln County Board of Elections, approved April 4, 1996 (Ga. L. 1996, p. 4210), as amended; and for other purposes. 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: 5040 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal which is the official organ of Lincoln County on the following date: March 21, 2002. (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 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 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 Swom to and subscribed before me, this 25th day of March, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. ___________GEORGIA LAWS 2002 SESSION__________5041 SOUTH COBB DEVELOPMENT AUTHORITY - MEMBERSHIP. No. 666 (House Bill No. 1804). AN ACT To amend an Act known as the "South Cobb Development Authority Act," approved April 12, 1982 (Ga. L. 1982, p. 3772), as amended, 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: SECTION 1. An Act known as the "South Cobb Development Authority Act," approved April 12,1982 (Ga. L. 1982, p. 3772), as amended, is amended by striking subsection (a) of Section 3 of said Act and inserting in lieu thereof the following: "(a) The authority shall be composed of seven members to be appointed and elected as provided in this subsection. One member ofthe authority shall be the chairperson of the Board of Commissioners of Cobb County or the designee of the chairperson. Three members of the authority shall be elected by the owners ofthe property which is located in the development area. Three members ofthe authority shall be elected by the owners of business establishments whose principal place of business is located within the development area. The initial three members ofthe authority elected by each group ofsuch owners shall serve for terms of office of one, two, and three years, respectively. Thereafter, all terms ofoffice ofmembers ofthe authority shall be for three years, except for the chairperson of the Board of Commissioners of Cobb County." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2002 session of the General Assembly of Georgia a bill to amend an Act known as the "South Cobb Development Authority Act", approved April 12, 1982 (Ga. L. 1982, p. 3772), as amended; and for other purposes. This 8 day of March 2002. Representative Don Wix, District 33 Secretary, Cobb County Delegation 5042 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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: March 8, 2002. (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 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 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 13th day of March, 2002. ____________GEORGIA LAWS 2002 SESSION__________5043 s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL) Approved April 25, 2002. COBB COUNTY - REDEVELOPMENT POWERS; REFERENDUM. No. 667 (House Bill No. 1805). AN ACT To authorize Cobb County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII ofthe Constitution and Chapter 44 ofTitle 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. Cobb County shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 ofTitle 36 ofthe O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize Cobb County 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 Cobb County 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 Cobb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Cobb County 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 ofthe election to be published once 5044 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 authorizes Cobb County to exercise redevelopment powers under the 'Redevelopment Powers Law,' 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-halfofthe votes cast on such question are for approval ofthe 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 ifthe 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 Cobb 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 INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2002 session of the General Assembly of Georgia a bill to authorize Cobb County 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; and for other purposes. 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: March 8, 2002. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: ____________GEORGIA LAWS 2002 SESSION________5045 __ 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 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 to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/DONWIX Don Wix Representative, 33rd District Sworn to and subscribed before me, this 13th day of March, 2002. s/DEANACOKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. 5046 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II HENRY COUNTY DEVELOPMENT AUTHORITY - REVISION OF LAWS. No. 668 (House Bill No. 1807). AN ACT To amend and restate an Act known as the "Henry County Development Authority Act," approved March 28, 1967 (Ga. L. 1967, p. 2291), as amended, so as to substantially revise the laws relating to the Henry County Development Authority; to provide for a short title; to provide for definitions; to provide for the jurisdiction of the authority; to provide for membership of the authority and the appointment, terms, compensation, vacancies, powers, and duties of the authority and its members; to provide for certain exemptions from taxation; to provide for powers, authority, duties, funds, purposes, organization, and procedures connected with the authority; to provide that the authority shall not be authorized to create any debt against the State of Georgia or Henry County; to provide for the issuance of revenue bonds and other obligations and the procedures connected therewith; to provide for expenses; to provide for the reversion of property in the event of dissolution of the authority; to provide for audits; to prescribe the purposes and effect of this Act; to provide for other matters relative thereto; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the "Henry County Development Authority Act," approved March 28, 1967 (Ga. L. 1967, p. 2291), as amended, is amended and restated by striking Sections 1 through 15 of said Act in their entirety and inserting in lieu thereof the following: "SECTION 1. Short title. This Act shall be known and may be cited as the 'Henry County Development Authority Modernization Act.' SECTION 2. Definitions. As used in this Act, the term: (1) 'Agriculture' means and includes any activity relating to the development, growing, processing, storage, sale, or distribution of agricultural products, including, but not limited to, plants, roots, fruit, nuts, meat, and seafood, whether or not domesticated, or any part thereof or product derived therefrom. _________GEORGIA LAWS 2002 SESSION__________5047 (2) 'Authority' means the Henry County Development Authority created by this Act and by an amendment to the Constitution of the State of Georgia of 1945 which is contained in Ga. L. 1966, p. 853, which was ratified by the people of Henry County at the general election conducted on November 8, 1966, and which has been continued in effect. (3) 'Commerce' means and includes any activity involving the transfer of goods or services or the leasing of property for money or other consideration, whether conducted for profit or not for profit. (4) 'Cost ofproject' includes: all costs ofconstruction, purchase, or other form of acquisition; all costs of real or personal property required for the purpose of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses and certificates and the securing of such franchises, permits, approvals, licenses and certificates and the preparation ofapplications therefor; all machinery, equipment, initial fuel, and other supplies required for such project; financing charges; interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of such project in operation; costs of engineering, architectural, and legal services; fees paid to fiscal agents for financial and other advice or supervision; cost of plans and specifications and all expenses necessary or incidental to the construction, purchase, or acquisition of the completed project or to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incidental to any project or any financing authorized in this Act. There may also be included, as part of such cost of project, the repayment of any loans made for the advance payment of any part of such cost, including the interest thereon at rates to be determined by the authority, which loans are authorized if made payable solely from the proceeds of such authority's bonds or notes or revenues to be received in connection with the leasing, sale, or financing ofthe project. The cost of any project may also include a fund or funds for the creation ofa debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operating of its projects and as may be authorised by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of project being funded by the proceeds of revenue bonds or notes issued under the provisions of this Act. (5) 'Garbage' shall include putrescible wastes, including animal and vegetable matters, animal offal and carcasses, and recognizable industrial by-products, but excluding sewage and human wastes. (6) 'Industrial park' means and includes land, improvements to land, utilities, and other infrastructure resulting in the development of building sites for sale or lease for use by private sector persons or entities for use in any activity 5048 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II contemplated by this Act and shall include buildings thereon to be sold or leased to a private sector person or entity. (7) 'Industry' shall not be limited to manufacturing or other heavy industry but shall mean and include any activity conducted in the private sector, whether or not for profit, that creates or preserves employment, including, but not limited to, the recreation industry, the hospitality industry, the transportation industry, the health care industry, and education. (8) 'Natural resources' means and includes anything that is included within any dictionary definition of a natural resource. (9) 'Operate' and 'operation,' when used with respect to the authority or any property of the authority, mean the use of such property by the authority in the conduct by the authority of an active trade or business for profit, but shall not, without limitation, include: (A) the development of any land; (B) the construction or equipping of any property intended by the authority to be sold or leased as a project to a private sector entity; (C) the leasing or sale of any property and activities relating thereto, including, but not limited to, the advertising, maintenance, or management ofany property held by the authority for sale or lease to private sector entities; (D) activities conducted by the authority as a lessor of any property under any lease thereof to any private sector entity; and (E) activities, which in the judgment of the authority, are required or desirable to provide for the advertising, maintenance, and management of any property pending the resale or re-lease thereof to any private sector entity following the reacquisition of title thereto or possession or control thereof by the authority as a result of a default by a private sector lessee, installment purchaser, or borrower from the authority. (10) 'Peak shave facility' shall have the meaning generally accepted and understood in the natural gas distribution industry as that term is generally understood to describe a storage facility for the purpose of avoiding undesirable consequences in the distribution system during peak periods of consumption. (11) 'Project' means and includes any one or more of the following: land and interests in land, site preparation, landscaping, irrigation, buildings, structures, facilities for outdoor storage, driveways, parking areas, loading facilities, fixtures, trade fixtures, furniture, furnishings, and other personal property, including computer hardware and software, to be used for, in connection with, or in support of any activity which the authority determines is expected to promote, for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training, together with property that is ancillary or subordinate to the foregoing. There may be included as part of any such project all improvements and property that are necessary or desirable for the full utilization of such project, including roads and streets, sidewalks, water supply, outdoor lighting, belt-line railroad, railroad tracks and sidings, bridges, causeways, terminals for ground and air transportation, other transportation facilities that are incidental to the project, and the dredging and ___________GEORGIA LAWS 2002 SESSION_________5049 improving of harbors. The term 'project' includes, but is not limited to, manufacturing and processing plants, farms, plant nurseries, greenhouses, warehouses, storage and distribution facilities, air or water pollution control facilities, sewage disposal facilities, solid waste disposal facilities, facilities for the furnishing of electric energy or gas (including, but not limited to, peak shave facilities), facilities for the furnishing ofwater (including potable water, industrial water, and water for irrigation), facilities for the transportation industry (including, but not limited to, airports, docks, wharves, and mass commuting facilities), commercial facilities for the provision of lodging, facilities for providing meals to employees, tenants, students, or patients, a commercial office building facility, an industrial park, commercial, residential, and nonresidential rental real property, personal property held for commercial leasing, any facility used in the tourism, recreation, or hospitality industry (including, but not limited to, playgrounds, amusement parks, RV parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, ponds, marinas, tennis courts, handball courts, squash courts, racquetball courts, frontons, basketball courts, ice rinks, racetracks for motor vehicles and animals, facilities for track and field events, rifle, archery, skeet and trap ranges and facilities, athletic fields and courts, clubhouses, gymnasiums, museums, libraries, concert halls, theaters, amphitheaters, auditoriums, arenas, stadiums, grandstands, facilities for fairs, livestock shows, trade shows, exhibitions and conventions, youth centers, senior citizen centers, recreation centers and other recreational buildings, golf courses, driving ranges, stables, hunting preserves, lodges and resorts, fishing lodges and resorts, boats, historic sites and attractions, and facilities for the recreation and accommodation of tourists, including hotels, motels, convention centers, conference centers and restaurants, and ancillary and related facilities and areas serving the foregoing or to be used in connection therewith), facilities for the health care industry (including, but not limited to, hospitals, clinics, nursing homes, adult congregate living facilities, extended care facilities, diagnostic facilities, medical laboratories, medical office buildings, and medical fixtures, furnishings, and equipment), facilities relating to the provision of vocational training (including, but not limited to, educational buildings, furniture, furnishings, and equipment), facilities for the realization of income from natural resources, and any other facilities described in Sections 141 through 150 of the Internal Revenue Code of 1986, as amended, provided that in each case, the authority finds and determines, that the facilities are expected to promote, for the public good and general welfare, industry, agriculture, commerce, natural resources, or vocational training. Such legislative findings shall be presumed to be correct and shall not be set aside by any court unless clearly erroneous. (12) 'Refuse' shall include all nonputrescible wastes. (13) 'Sewage disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of sewage. 5050 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (14) 'Solid waste' means garbage, refuse, or other discarded solid materials, including solid waste materials resulting from industrial and agricultural operations and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as salt, dissolved or suspended solids in industrial waste water effluents, and dissolved materials in irrigation return flows. (15) 'Solid waste disposal facility' means any property used for the collection, storage, treatment, utilization, processing, recycling, or final disposal of solid waste. (16) 'Vocational training' means and includes any training or education that is necessary or useful in the performance of a job, trade, occupation, or profession. (17) 'Water pollution control facility' and 'air pollution control facility' mean any property used, in whole or in substantial part, to abate or control water or air pollution or contamination by removing, altering, disposing, or storing pollutants, contaminants, wastes, or heat. SECTION 3. Henry County Development Authority; created. Pursuant to an amendment to Article V, Section IX, Paragraph I of the Constitution, there has been created a body corporate and politic known as the 'Henry County Development Authority,' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Henry County. The authority shall have perpetual existence. Henry County may contract with the authority as a public corporation as provided by the Constitution of Georgia. SECTION 4. Membership. (a) The authority shall consist of five members appointed by the Board of Commissioners of Henry County from nominations as provided in this subsection. Those five members of the authority, each of whom was nominated by a member of the board of commissioners elected from a different numbered commissioner district (districts 1, 2, 3, 4 and 5), who are serving as such on March 1,2002, in the post corresponding to the number of such district (posts 1, 2,3,4, and 5), and any person selected to fill a vacancy in such office, shall serve until their respective current terms ofoffice expire and their respective successors have been appointed and taken office. Upon the expiration of the term of a member of the authority who is serving in the post corresponding to a particular numbered commissioner district, the commissioner from such numbered commissioner district shall nominate a person from such district to serve as a member of the authority in the post corresponding to the number of such district. ___________GEORGIA LAWS 2002 SESSION_________5051 No person nominated to any post may serve in that post unless such nomination is approved by a majority of the board of commissioners, such approval constituting the appointment of such person. Successors to the current members ofthe authority, and all future successors to such members, shall take office upon the first meeting of the Board of Commissioners of Henry County in January immediately following the expiration ofthe term ofthe predecessor in such post and shall serve for a term of office which expires upon the same date as the term of office of the commissioner who nominated such member to fill such post. Members of the authority in designated posts shall serve for the term specified in this subsection and until their respective successors are appointed and qualified. All members of the authority are eligible for reappointment if otherwise qualified. All members ofthe authority shall be citizens ofthe United States, shall be at least 21 years ofage, shall have been a resident ofthis state for two years, and shall have been a resident of Henry County for one year. No member of the authority shall be a full-time employee of the authority during such member's term of office as a member of the authority. (b) If, for any reason, a vacancy shall occur in any member's post on the authority, the commissioner from the commissioner district having the same number as such post shall nominate a person to fill such vacancy. No person so nominated to any post may serve in that post unless such nomination is approved by a majority of the Board of Commissioners of Henry County, such approval constituting the appointment of such person. The member so appointed shall serve for the unexpired term. (c) Three members of the authority shall constitute a quorum for conducting business; however, no action shall be taken by the authority unless approved by three members of the authority. (d) At the first meeting ofthe authority in January each year, the members ofthe authority shall select a chairperson, a vice chairperson, a secretary, and a treasurer. All officers of the authority shall be members of the authority. (e)(l) The chairperson ofthe authority shall receive as compensation the sum of $250.00 per month, the vice chairperson and secretary shall each receive $225.00 per month, and the remaining members shall receive $200.00 per month. (2) The members of the authority shall be reimbursed, upon approval by the authority, for actual expenses incurred for travel, meals, and lodging by such member while on official business of the authority outside of Henry County. In addition to the amount provided in this paragraph, each member shall receive per diem compensation in an amount set by the authority not to exceed $100.00 per day. (3) In order that the authority may, from time to time, take advantage of the special skills and expertise of a member of the authority and provide appropriate compensation for services provided to the authority by such member outside of such member's regular duties, the authority is authorized, subject to the conditions in paragraph (4) of this subsection, to compensate 5052 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II such members for such additional services. The additional services shall include, but shall not be limited to, attendance at meetings other than regular and called meetings ofthe authority; meetings with other governmental entities and authorities or their designated representatives and any combination thereof regarding official authority business; meetings with industrial prospects, realtors, developers, utility representatives, consultants, other representatives, and any combination thereofregarding official authority business; meetings of agencies and organizations promoting industrial development, such as the Atlanta Regional Commission, Metro South, or other such groups; and any similar meetings regarding official authority business. (4) In order for any authority member to receive compensation for services performed pursuant to paragraph (3) of this subsection, the authority must first approve the proposed services and the compensation by a majority vote. Said approval must be made without the participation of the member to be compensated. The amount of compensation shall be determined by the members ofthe authority, but in no case shall the compensation exceed $12.50 per hour with a maximum compensation of $100.00 per day. (f) Prior to taking office, the members of the authority shall subscribe to the following oath: 'I do solemnly swear that I will fully and fairly perform the duties as a member of the Henry County Development Authority, so help me God.' (g) No action taken by the authority prior to the effective date of this Act shall be invalid or otherwise affected by the prior provisions of this section, relating to members of the authority holding other offices. All actions taken by the authority prior to the effective date of this Act are ratified and confirmed to be valid and binding. SECTION 5. Property; obligations. The income, property, obligations, and the interest on the obligations of the authority shall have the same immunity from taxation as the income, property, obligations, and interest on the obligations of Henry County. The exemptions from taxation provided in this section shall not include exemptions from sales and use taxes on property purchased by the authority. SECTION 6. Powers. (a) The powers of the authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants, and donations and to administer trusts; (2) To borrow or lend money, to issue notes, bonds, and revenue bonds, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge, and assign any and all of its funds, property, and income as security therefor; __________GEORGIA LAWS 2002 SESSION__________5053 (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers ofprivate corporations except such as are inconsistent with the provisions ofthis Act, including the power to appoint and hire agents and employees and to provide for their duties and compensation. Such agents and employees shall serve at the pleasure of the authority; however, the authority shall adopt as a guideline the personnel policies ofequal employment opportunity and affirmative action presently used by the Board of Commissioners of Henry County. The authority shall also have the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the authority. The authority shall also have all of the powers, and may finance and carry out all of the projects, that may now or hereafter be authorized for any development authority under Chapter 62 of Title 36 of the O.C.G.A., the 'Development Authorities Law,' or for any other development authority or public corporation or authority carrying out a governmental mission similar to that of this authority, to the full extent allowed by the amendment to Article V, Section IX, Paragraph I ofthe Constitution ofthe State ofGeorgia of 1945 that created this authority and which has been continued in effect, regardless of whether or not any such power or project is specifically set forth in this Act; (5) To promote industry, agriculture, commerce, natural resources, and vocational training in Henry County, and to provide facilities in Henry County for industrial, agricultural, commercial, and educational purposes and facilities relating to natural resources, so as to promote the public good and general welfare and to relieve, insofar as possible, unemployment in Henry County, and to that end, without limitation: (A) 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 thereofalready acquired, or for the purpose ofdemolition to make room for such project or any part thereof; (B) To sell, lease, exchange, transfer, assign, pledge, mortgage, or dispose of, or grant options for any such purposes, any real or personal property or interest therein; (C) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority; (D) To extend credit or make loans to any person, firm, corporation, or other form of business organization 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 or fees or charges, upon such terms and conditions as the authority shall determine to be 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 5054 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II connection with a project for such person, firm, corporation, or other form of business organization, to require the inclusion in any contract, loan agreement, security for guaranty, insurance, construction, use, operation, maintenance, and financing of a project of such provisions as the authority may deem necessary or desirable; (E) 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 transfer in order to secure the repayment of any moneys loaned or credit extended by the authority; (F) 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; (G) To borrow money and issue its revenue bonds, revenue notes, bond anticipation notes, other notes, and other obligations from time to time and 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 such project, or for the purpose of refunding any obligations of the authority theretofore issued or incurred, 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 moneys to be paid into any fund or funds to secure such obligations, provided that all such obligations shall be issued in accordance with the procedures and subject to the limitations set forth in this Act; and (H) As security for repayment of the authority's obligations, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of the 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 ofprincipal or interest or in the performance of any term or condition contained in such agreement or indenture. The State of Georgia on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein waives any right it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority so mortgaged or encumbered, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; ___________GEORGIA LAWS 2002 SESSION_________5055 (6) To receive and administer gifts, own, improve, expand, develop, maintain, sell, donate, lease as lessor or lessee, mortgage, pledge, convey to secure debt, or otherwise encumber or dispose of land, buildings, equipment, furnishings, or property of all kinds, real or personal, within Henry County, Georgia, and to make a contract or contracts and to execute any instrument or document for the accomplishment thereof or other purposes. Any such transaction may be on such terms and conditions as the authority may determine to be appropriate. In that connection, the authority may make an express determination that the benefits to be received by the residents ofHenry County as a result thereofare of sufficient value to prevent the same from violating Article III, Section VI, Paragraph VI of the Constitution of the State of Georgia. Any such determination shall be presumed to be correct and shall not judicially be set aside unless the court finds such determination to be clearly erroneous; (7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (8) To designate officers to sign and act for the authority generally or in any specific matter; and (9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the authority as stated in this Act. (b) No project acquired by the authority shall be operated by the authority but shall be leased or sold to one or more persons, firms, or corporations or be held by the authority for such purposes and, while so held, may be maintained by the authority. If sold, the purchase price may be paid at one time or in installments falling due over a period of not more than 30 years from the date of transfer or possession. If leased, the rent may be paid at one time or in installments falling due over a period of not more than 30 years from the date of transfer or possession. The lessee or purchaser of a project shall be required to pay all costs of operating and maintaining the project and to pay rentals or installment payments sufficient, together with other revenues which may be pledged for the purpose, to retire all obligations, both as to principal and interest, which the authority may have incurred in connection with the undertaking. The authority may also loan proceeds of its obligations to one or more persons, firms, or corporations to provide financing for any project; in which case, the borrower shall make loan payments sufficient, together with other revenues which may be pledged for the purpose, to retire all obligations, both as to principal and interest, which the authority may have incurred in connection with the undertaking. SECTION 7. Debts not created. The authority shall not be authorized to create in any manner any debt, liability, or obligation against the State of Georgia or Henry County. 5056 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 8. Obligations; remedies; limitations and procedures. (a) Financial obligations; provisions. Subject to the limitations and procedures provided by this section, the financial obligations of the authority, as evidenced by bonds, notes, bond anticipation notes, or other debt instruments, which may be, but are not required to be, secured by trust indentures, deeds to secure obligations, security agreements, or mortgages executed in connection therewith, may contain such provisions not inconsistent with law as shall be determined by the members of the authority acting as its board of directors; and the authority may provide in such instruments for the pledging of all or any part of its revenues, income, or charges and for the mortgaging, encumbering, or conveying of all or any part of its real or personal property, may covenant against pledging any or all of its revenues, income, or charges, and may further provide for the disposition of proceeds realized from the sale of any such debt obligations, for the replacement of lost, destroyed, stolen, or mutilated debt instruments, and for the payment and redemption of such debt instruments. Similarly, subject to the limitations and procedures of this section, undertakings of the authority may prescribe the procedure by which holders of such debt instruments may enforce rights against the authority and provide for rights upon breach of any covenant, condition, or obligation of the authority under any debt instruments or security documents executed by the authority, which may contain such provisions as are not otherwise contrary to law as the authority shall deem necessary or desirable. The authority may sell its debt instruments at public or private sale. (b) Use of proceeds. The proceeds derived from the sale of debt obligations issued by the authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this Act, all or part ofthe cost ofany project, including the cost of extending, financing, adding to, or improving such project, or for the purpose of refunding any debt obligations previously issued by the authority, or for the general corporate purposes of the authority. (c) Revenue obligations. Debt obligations issued by the authority may be revenue obligations of the authority and may be made payable out of any revenues or other receipts, funds, or moneys ofthe authority, subject only to any agreements with the holders of other debt obligations of the authority or to particular security agreements pledging any particular revenues, receipts, funds, or moneys. (d) Subsequent series of obligations. The issuance by the authority of one or more series of debt obligations for one or more purposes shall not preclude it from issuing other debt obligations in connection with the same project or in connection with any other projects, but the proceeding wherein any subsequent debt obligations shall be issued shall recognize and protect any prior pledge, lien, or security interest made to secure any prior issue of debt obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent debt obligations on a parity with such prior issue. __________GEORGIA LAWS 2002 SESSION__________5057 (e) Bond anticipation notes. The authority shall have the power and is authorized, whenever revenue bonds of the authority shall have been validated as provided in this Act, to issue, from time to time, its bond anticipation notes in anticipation ofthe issuance ofsuch revenue bonds as validated and to renew from time to time any such bond anticipation notes by the issuance of new bond anticipation notes, whether the bond anticipation notes to be renewed have or have not matured. The authority may issue bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The bond anticipation notes may be authorized, sold, executed, and delivered in the same manner as other debt instruments of the authority. Any resolution or resolutions authorizing bond anticipation notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing debt instruments of the authority or any issue thereof, and the authority may include in bond anticipation notes any terms, covenants, or conditions which it is authorized to include in debt instruments. Validation of such bonds shall be a condition precedent to the issuance of such bond anticipation notes, but it shall not be required that such bond anticipation notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. Such power to issue bond anticipation notes shall not limit the power of the authority to issue promissory notes as otherwise provided in this Act. (f) Interest rates on obligations ofthe authority. The interest rate on or rates to be borne by any bonds, notes, or other obligations issued by the authority shall be fixed by the members of the authority and any limitations with respect to interest rates found in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond Law,' as amended, or the usury laws ofthe State ofGeorgia shall not apply to obligations issued under this Act. (g) Validation and issuance ofrevenue bonds. All revenue bonds issued by the authority under this Act shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond Law,' of the State of Georgia, as heretofore and hereafter amended, except as provided in subsection (f) of this section and except as specifically set forth below in this subsection: (1) Revenue bonds issued by the authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance ofsuch bonds or any indenture or trust agreement may provide; (2) Revenue bonds shall bear a certificate of validation. The signature of the clerk ofthe Superior Court ofHenry County may be made on the certificate of validation of such bonds by facsimile or by manual execution stating the date on which such bonds were validated and such entry shall be received as original evidence in any court of this State; 5058 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by the authority are to bear, the notice to the district attorney or Attorney General and the notice to the public ofthe time, place, and date ofthe validation hearing may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest specified in such notices or that in the event the bonds are to bear different rates of interest for different maturity dates that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained in this paragraph shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing, the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices; and (4) The term 'cost of project' shall have the meaning prescribed in paragraph (4) of Section 2 of this Act whenever referred to in bond resolutions of the authority, bonds and bond anticipation notes issued by the authority, or notices and proceedings to validate such bonds. (h) Other obligations. In addition to revenue bonds and bond anticipation notes, the authority may also issue revenue notes and other debt instruments that may be made payable only from pledged revenues or other pledged security or may represent the general obligation of the authority, which other debt instruments may be, at the election of the authority, but are not required to be, validated. SECTION 9. Finding and declaration by authority. No bonds except refunding bonds shall be issued under this Act unless the authority shall have found and declared that the undertaking for which the bonds are to be issued is expected to preserve or increase employment in Henry County. SECTION 10. Expenses. (a) As used in this section, the term 'promotional and entertainment expenses' means expenses incurred to solicit, attract, obtain, and complete projects, including expenses incurred for entertainment of industrial and commercial representatives. The authority may, unless prohibited by law or by the conditions of any grant or intergovernmental contract, expend funds received from any source as it deems necessary for the payment of promotional and entertainment expenses. (b) Office expenses, employee salaries, food, lodging, and transportation expenses, and the cost of attending seminars, conferences, and meetings incurred by authority members or employees traveling in furtherance of the purposes of the authority shall not be considered promotional or entertainment expenses, but __________GEORGIA LAWS 2002 SESSION__________5059 shall be considered expenditures in the normal course of business; and such expenditures shall be considered as authorized by this Act. (c) The authority shall keep records of all promotional and entertainment expenses incurred and shall account for all such expenses in the annual audit. (d) The powers granted by this section shall not be deemed to restrict other powers of the authority, but shall be considered cumulative in their effect. SECTION 11. Title to property. Should the authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the authority at the time of such dissolution shall revert to Henry County subject to any mortgages, liens, leases, or other encumbrances outstanding against or in respect to said property at that time. SECTION 12. Audits. The books and records of the authority shall be audited at least annually by a competent, independent auditor. The audit and a summary of the audit shall be filed with the clerk ofthe Board ofCommissioners ofHenry County and shall be available for public inspection during regular office hours. SECTION 13. Purpose. This Act is enacted and the authority is created for the purpose ofpromoting and expanding, for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and the provisions of this Act shall be liberally construed to effect the purposes hereof. In interpreting this Act, the courts are not to apply 'Billon's Rule.' The authority, in performing any ofthe public activities permitted in this Act and in the constitutional amendment, is declared to be performing an essential governmental function. SECTION 14. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain at full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional was not originally a part of this Act. The General Assembly declares that it 5060 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional." SECTION 2. All laws or parts of laws in conflict with this Act are repealed, provided that this Act shall not impair or invalidate any prior act or obligation of the authority. Notice is hereby given that there will be introduced at the 2002 Regular Session of the General Assembly of Georgia a bill to amend and restate an Act known as the "Henry County Development Authority Act," Ga. Laws 1967, p. 2291, as amended by Ga. Laws 1975 p. 2833, Ga. Laws 1980, p. 3087, Ga. Laws 1982, p. 4078, Ga. Laws 1983, p. 3549, which implements local amendment to the Constitution, Ga. Laws 1966, p. 853, which was ratified by the people of Henry County at the general election conducted on November 8, 1966; to provide for a short title; to provide for definitions; to provide for thejurisdiction ofthe Authority; to provide for members; to provide for certain exemptions from taxation; to provide for powers, authority, duties, funds, purposes, organization and procedures connected with the Authority to provide that the Authority shall not be authorized to create any debt against the State of Georgia or Henry County; to provide for the issuance of revenue bonds and other obligations and the procedures connected therewith; to provide for the reversion ofproperty in the event ofdissolution ofthe Authority; to provide for all other matters relative thereto; to provide for audits; to prescribe the purposes of this Act; to repeal conflicting laws; and for other purposes. 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 Daily Herald which is the official organ of Henry County on the following date: March 22, 2002. (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 2002 SESSION_________5061 __ 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 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 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 25th day of March, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. ELBERT COUNTY - FORM OF GOVERNMENT; COMMITTEE TO STUDY THE FORM OF GOVERNMENT FOR ELBERT COUNTY; ADVISORY REFERENDUM. No. 669 (House Bill No. 1812). AN ACT To provide for an advisory referendum election to be held in Elbert County for the purpose of determining if a change in the form of government is desired by the people of said county; to provide for the creation ofa study committee to determine what changes in the form of government of said county may be appropriate; to 5062 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II provide that the creation of said study committee shall be contingent on the results of the referendum election; to provide for the membership, service, and operations of said committee; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Elbert County shall call and conduct an election as provided in this section for the purpose of submitting an advisory question to the voters of Elbert 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 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 Elbert County. The ballot shall have written or printed thereon the words: "YES ( ) Do you favor a change in the form of government of Elbert County and the creation of a study committee to determine what changes in NO ( ) the form of government of said county may be appropriate?" All persons desiring to vote for approval of the proposition shall vote "Yes," and those persons desiring to vote for rejection of the proposition shall vote "No." The expense of such election shall be borne by Elbert County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 2. (a) If a majority of the votes cast at the advisory referendum election provided for in Section 1 of this Act are in favor of the proposition, then the study committee provided for in this section shall be created. Otherwise, if there is no majority vote in favor of the proposition, the committee shall not be created. (b) Subject to the provisions of subsection (a) of this Code section, there shall be created the Committee to Study the Form of Government for Elbert County. The committee shall consist of 12 members as follows: (1) The chairperson of the Elbert County Chamber of Commerce; (2) The chairperson of the Elbert County, Elberton and Bowman Development Authority; (3) The president of the NAACP of Elbert County; (4) The president of the Elberton Granite Association; (5) The president of the Elbert County Farm Bureau; (6) The mayor of Elberton or the mayor's designee; (7) The mayor of Bowman or the mayor's designee; and (8) One member who is not an elected official to be appointed from each of the five county commissioner districts, such appointments to be made by the board of commissioners of Elbert County. ____________GEORGIA LAWS 2002 SESSION__________5063 (c) Members of the committee shall serve without compensation, except that any member may be reimbursed from funds ofElbert County for ordinary and necessary expenses incurred in the performance of his or her duties if such reimbursement is approved by the board of commissioners of Elbert County. The board of commissioners shall provide the committee with meeting space, staff services, and supplies and equipment as may be requested by the committee and approved by the board of commissioners. The committee shall elect its own officers and may adopt bylaws as necessary or appropriate for the conduct of its business. The initial meeting date for the committee shall be set by the board ofcommissioners ofElbert County. (d) The committee shall undertake a study of the issue of the form of government of Elbert County and what changes should be made therein and shall not later than July 1, 2003, issue a report of its findings to the board of commissioners and the Elbert County legislative delegation ofthe General Assembly. The committee shall stand abolished as of July 1, 2003. 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 2002 session of the General Assembly of Georgia a bill to provide for an advisory referendum election to be held in Elbert County for the purpose of determining if a change in the form of the government is desired by the people of said county; and for other purposes. 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: March 6, 2002. (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 5064 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 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 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 8th day of March, 2002. s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL) Approved April 25, 2002. BRANTLEY COUNTY - BOARD OF COMMISSIONERS; FORM OF GOVERNMENT; ADVISORY REFERENDUM. No. 670 (House Bill No. 1813). AN ACT To amend an Act creating the board of commissioners of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, so as to provide for an advisory referendum election to be held in Brantley County for the purpose of ascertaining if a change in the form of government of Brantley County is desired by the people of said county; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes. __________GEORGIA LAWS 2002 SESSION__________5065 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the board of commissioners ofBrantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, is amended by adding a new section immediately following Section 3, to be designated Section 3A, to read as follows: 'SECTION 3A. (a) It is the purpose of this section to provide for an advisory referendum within Brantley County to determine if a change in the form of government of Brantley County is preferred by the voters of said county. (b) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Brantley County shall call and conduct an advisory election as provided in this section for the purpose of submitting a question to the electors of said county to determine the type of government preferred by a majority ofthe electors voting at said election. The superintendent shall conduct that election on the date of the 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 Brantley County. The ballot shall have printed thereon the following: 'Advisory Referendum Election Select the form of government which you favor by placing a check mark (.- three weeks within a period of sixty days immediately preceding the day of the final adoption of this ordinance. The Clerk of the City is also hereby authorized md directed to cause the publisher of the The Douglas Enterprise to execute aii affidavit of such publication. This ordinance was introduced and read at a lawful meeting of the Council of the ^ity of Douglas held on November 13,2001 and read the second time, passed, and adopted in like meeting held on December 10, 2001. CITY OF DOUGLAS GEORGIA [SEAL] Attest: s/ MAX LOCKWOOD Mr. Max Lockwood, Mayor s/ DALE BATTEN Dale Batten, Deputy City Clerk CLERK'S CERTIFICATE NOW COMES the undersigned Clerk of the City of Douglas, 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 Dec 10,2001, 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 10 day of December, 2001. [SEAL] s/ DALE BATTEN_______ Deputy City Clerk, Dale Batten ____________GEORGIA LAWS 2002 SESSION__________5935 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF DOUGLAS, 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 DOUGLAS, GEORGIA COFFEE COUNTY Notice is hereby given that an ordinance will be introduced on Nov. 13,2001 and read for final adoption on the 10 day ofDec, 2001, to amend the Charter ofthe City ofDouglas, Georgia, which was created by an act amended on March 10,1933 (Ga. L. 1993, p. 4022), as amended, so as to authorize the City of Douglas, Georgia to acquire, construct, operate, maintain and contract with respect to a telecommunications systems network. A copy of this proposed amendment to the Charter of the City of Douglas, Georgia is on file in the office of the Clerk of the City of Douglas, and is on file in the office of the Clerk of the Superior Court of Coffee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. Exhibit "A" NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF DOUGLAS, 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 DOUGLAS, GEORGIA COFFEE COUNTY Notice is hereby given that an ordinance will be introduced on Nov. 13,2001 and read for final adoption on the 10 day of Dec. 2001, to amend the Charter of the City of Douglas, Georgia, which was created by an act amended on March 10,1933 (Ga. L. 1993, p. 4022), as amended, so as to authorize the City of Douglas, Georgia to acquire, construct, operate, maintain and contract with respect to a telecommunications systems network. A copy of this proposed amendment to the Charter of the City of Douglas, Georgia is on file in the office of the Clerk of the City of Douglas, and is on file in the office of the Clerk of the Superior Court of Coffee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. 5936_______MUNICIPAL HOME RULE ORDINANCES This 10 day of Dec, 2001. s/ DALE BATTEN Ms. Dale Batten, Deputy City Clerk In RE: Ordinance to amend charter Your File No.: ___________ PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COFFEE COUNTY Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oaths, Elaine W. Fox who on oath deposes and says that she is publisher of the Coffee County News, a newspaper published in the City of Douglas, Georgia, a general circulation in Coffee County, Georgia, and that the attached advertisement has been published in the Coffee County News once a week for 3 week(s) in the regular issue(s) of the Coffee County News on the following dates: Nov. 16,23, & 30,2001. This is the legal organ of Coffee County, Georgia. s/ Elaine W. Fox Publisher, Coffee County News Sworn to and subscribed before me this 30th day of November, 2001. s/ GWENDOLYN M. DORMINEY Notary Public, Coffee County, Georgia My Commission Expires December 26, 2004. (NOTARY SEAL) AN ORDINANCE Notice is hereby given that the ordinance herein captioned was read for the first time at a regular meeting of the Mayor and Board of Commissioners of the City of Douglas, Georgia, held on November 13, 2001. This ordinance will be read for the second time and voted upon at a meeting of the Mayor and Board of Commissioners of the City of Douglas, Georgia, on December 10, 2001, at City Hall and anyone interested in said ordinance should be in appearance at said meeting to be held at 7:00 p.m. on the above stated date. ____________GEORGIA LAWS 2002 SESSION__________5937 Said Ordinance is Captioned as follows: "An Ordinance to amend the Charter of the City of Douglas by adding a new Section immediately following Subsection 1.12(b)(20), to be designated as Subsection 1.12(B)(20.1), so as to provide for additional powers, duties, and authority of the City Council of the City of Douglas, Georgia with respect to a Telecommunications Systems Network; to repeal all other Acts and Ordinances in conflict herewith; and for other purposes." #564 11/16,23,30/01 Filed in the Office of the Secretary of State December 27, 2001. CITY OF FAIRBURN - UTILITY SERVICES. AN ORDINANCE TO AMEND AN ACT CREATING A NEW CHARTER FOR THE CITY OF FAIRBURN APPROVED AUGUST 3, 1925 (GA. L. 1925, P. 1024, et seq), AS AMENDED, BY ADDING A NEW SECTION IMMEDIATELY FOLLOWING SECTION 55, TO BE DESIGNATED AS SECTION 56 OF ARTICLE VII, UTILITIES; LOCAL IMPROVEMENTS; ASSESSMENTS; BUILDINGS, SO AS TO CLARIFY AND RESTATE THE POWERS, DUTIES, AND AUTHORITY OF THE CITY COUNCIL OF THE CITY OF FAIRBURN WITH RESPECT TO UTILITY SERVICE THROUGH A SYSTEM OF GAS, ELECTRICITY, WATER AND SEWER SYSTEMS NETWORK; TO REPEAL ALL OTHER ACTS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. WHEREAS, the City ofFairburn, a municipal corporation ofthe State ofGeorgia (the "City"), operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved August 3, 1925 (Ga. Laws 1925, p. 1024, et seq., as amended (the "Charter"); and WHEREAS, the City has not determined that it is necessary to make certain amendments to its Charter pursuant to its home rule powers granted pursuant to Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A. 36-35-1 through 36-35-7; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairburn, and IT IS HEREBY ORDAINED, by the authority of the same, as follows: 5938_______MUNICIPAL HOME RULE ORDINANCES_________ Section 1. The Charter of the City of Fairburn, which was established by an Act creating a new Charter for the City of Fairburn on August 3,1925 (Ga. Laws 1925, p. 1024 et seq.) as amended, is hereby amended by adding a new section immediately following Section 55, to be designated as Section 56, to read in its entirety as follows: "Section 56: Utility Service: In no way limiting the power granted to the City of Fairburn elsewhere in this Charter or under the Constitution and laws ofthe State ofGeorgia to acquire, own, hold, lease, sell, resell, build, maintain, operate and contract with respect to gas, electricity, water and sewer systems both within or outside the corporate limits of the City, and to provide gas, electricity, water and sewer service to persons, corporations, customers and consumers within or outside the corporate limits ofthe City, it is necessary and desirable that the City Council of the City of Fairburn have the power and authority to acquire, own, hold, lease, sell, resell, build, maintain, operate and contract with respect to gas, electricity, water and sewer systems network in order to provide gas, electricity, water and sewer 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 or undertakings; to interconnect its system or services or both with the systems or services of persons, corporations customers' and consumers and other providers, to finance from time to time any such systems through the issuance of revenue bonds as 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 said systems to persons, corporations, customers' and consumers within or outside the corporate limits of the City. All actions taken prior to the adoption of this ordinance relative to the acquisition, development, operation and management, and contracting with respect to, of a gas, electricity, water and sewer system or systems network for the City ofFairburn were taken with the concurrence ofthe City Council ofthe City of Fairburn and are hereby ratified." Section 2. All portions of the Charter or amendments thereto or all ordinances in conflict herewith be and the same are hereby repealed. Section 3. If any part of this ordinance shall be declared void, it is the intent and the purpose hereof that all other provisions not so declared void shall remain in full force and effect. This ordinance was introduced and read at a lawful meeting ofthe Council ofthe City of Fairburn held on December 10,2001 and read the second time, passed, and adopted in like meeting held on December 19, 2001. GEORGIA LAWS 2002 SESSION__________5939 CITY OF FAIRBURN s/ BETTY HANNAH Betty Hannah, Mayor [SEAL] Attest: s/ NANCY FAULKNER Nancy Faulkner, City Clerk Ordinance No. 2001-0104 Clerk's Certificate Now Comes the undersigned Clerk of the City of Fairburn (the "City"), keeper of the records and seal thereof, and certifies that the foregoing pages of typewritten matter constitute a true and correct copy of an Ordinance adopted by the City in a public meeting properly and lawfully assembled on December 19, 2001 in compliance with the 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 ofthe 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 19th, Day of December, 2001. [SEAL] s/ NANCY FAULKNER City Clerk PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Before me, the undersigned, aNotary Public, this day personally came Antonio Bell 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, ofwhich the annexed is a true copy, was published in said newspaper as provided by law on the following dates: 12/04/01, 12/11/01, 12/18/01 5940______MUNICIPAL HOME RULE ORDINANCES_________ Subscribed and sworn to before me this 12/17/01. s/ANTONIO BELL Antonio Bell Agent of the Daily Report s/ DIANNA SEECHING________ Notary Public Henry County, Georgia Notary Expires July 13, 2004 NOTICE OF HOME RULE AMENDMENTS CITY OF FAIRBURN, GEORGIA CITYOFFAIRBURN FULTON COUNTY NOTICE OF HEREBY GIVEN than an ordinance will be introduced and read for final adoption ofthe 19th day ofDecember, 2001, to amend the Charter ofthe City ofFairburn, Georgia, which was created by an act approved on August 3,1925 (Ga. L. 1925, p. 1024 et seq.), as amended, so as to amend Article VII, Utilities; Local Improvements; Assessments; Buildings by adding a new Section 56, Utilities Service, to provide for clarification of the provision of utility services by the City of Fairburn, at the regular meeting of the Mayor and Council at :00 p.m. at City Hall, 56 Malone Street, Fairburn, Georgia. A copy ofthis proposed amendment to the Charter ofthe City ofFairburn is on file in the Office ofthe Clerk ofthe City ofFairburn, and is on file in the office ofthe Clerk ofSuperior Court ofFulton County, Georgia, for the purpose ofexamination and inspection by the public, as required by law. Nancy Faulkner, City Clerk City ofFairburn, Georgia Filed in the Office ofthe Secretary of State January 4, 2002. ____________GEORGIA LAWS 2002 SESSION__________5941 CITY OF ALBANY - TELECOMMUNICATIONS SYSTEMS NETWORK. AN ORDINANCE 01-162 ENTITLED AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ALBANY BY ADDING A NEW SECTION IMMEDIATELY FOLLOWING SUBSECTION 34(13), TO BE DESIGNATED AS SUBSECTION 34(13.1), SO AS TO PROVIDE FOR ADDITIONAL POWERS, DUTIES, AND AUTHORITY OF THE CITY COUNCIL OF THE CITY OF ALBANY, GEORGIA WITH RESPECT TO A TELECOMMUNICATIONS SYSTEMS NETWORK; TO REPEAL ALL OTHER ACTS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. WHEREAS, the City of Albany, Georgia, a municipal corporation of the State of Georgia (the "City"), operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved August 18, 1923 (Ga. L. 1923, p. 370), 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 pursuant to Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A. Section 36-35-1 through 36-35-7; and NOW, THEREFORE, BE IT ORDAINED by the Board ofCommissioners ofthe City of Albany, Georgia, and IT IS HEREBY ORDAINED, by the authority of the same, as follows: Section 1. The Charter ofthe City ofAlbany, Georgia, which was established by an Act creating a new Charter for the City of Albany, Georgia, approved on August 18, 1923 (Ga. L. 1923, p. 370), as amended, is hereby amended by adding a new section to read as follows: "Subsection 34( 13.1). 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 systems network in order to provide telecommunications services and similar other services, including cable television services (CATV), 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 of Albany, 5942_______MUNICIPAL HOME RULE ORDINANCES_________ Georgia, 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 said 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 be and the same are hereby repealed. Section3. If any part ofthis ordinance shall be declared void, it is the intent and the purpose hereof that all other provisions not so declared void shall remain in full force and effect. Section 4. The City Attorney is hereby authorized and directed to cause a notice, a copy of which is attached hereto as Exhibit "A" and hereby incorporated by reference, to be published in The Albany Herald, the official newspaper in which Sheriffs advertisements are published in Dougherty County, in which the City is 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 Attorney is also hereby authorized and directed to cause the publisher of The Albany Herald to execute an affidavit of such publication. Attest: s/ TOMMY COLEMAN Tommy Coleman, Mayor s/ SUE WHIDDON Sue Whiddon, City Clerk Adopted: November 27, 2001 Adopted: December 18, 2001 Exhibit "A" NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF ALBANY, 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 ALBANY, GEORGIA DOUGHERTY COUNTY ____________GEORGIA LAWS 2002 SESSION__________5943 Notice is hereby given that an ordinance will be introduced on November 27, 2001, and read for final adoption on the 18th day of December, 2001, to amend the Charter of the City of Albany, Georgia, which was created by an act amended on August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to authorize the City of Albany, Georgia to acquire, construct, operate, maintain and contract with respect to a telecommunications systems network. A copy ofthis proposed amendment to the Charter ofthe City ofAlbany, Georgia is on file in the office of the Clerk of the City of Albany, and is on file in the office of the Clerk of the Superior Court of Dougherty County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 1st day of November, 2001. S/ALGRIESHABER.JR. Al Grieshaber, Jr., City Attorney Affidavit of Publication Georgia, Dougherty County Personally, appeared before the undersigned, an officer, authorized to administer oaths, Donna Gray, who being sworn, says that she is Retail Advertising Manager of The Albany Herald Publishing, Inc. a corporation with principal offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty County, Early County, Clay County, Calhoun County, Mitchell County, Decatur County, Baker County, Worth County, Lee County, Terrell County, Miller County, Randolph County, Turner County, Sumter County and Seminole County, and that the advertisement of City of Albany, a TRUE COPY of which is affixed hereto, was published in The Albany Herald in all its editions for November 3, 2001, November 10, 2001 & November 17, 2001. Sworn to and subscribed before me at Albany, Georgia this 9th Day of January, 2002. s/ DONNA GRAY Donna Gray Retail Sales Manager s/ JAMES M. ROBINSON II Notary Public My Commission Expires April 25, 2004 Filed in the Office of the Secretary of State January 15, 2002. 5944_______MUNICIPAL HOME RULE ORDINANCES_________ CITY OF BLAKELY - TELECOMMUNICATIONS SYSTEMS NETWORK. AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF BLAKELY BY ADDING A NEW SECTION IMMEDIATELY FOLLOWING SUBSECTION 1.12 (b)(20), TO BE DESIGNATED AS SUBSECTION 1.12 (b)(20.1), SO AS TO PROVIDE FOR ADDITIONAL POWERS, DUTIES, AND AUTHORITY OF THE CITY COUNCIL OF THE CITY OF BLAKELY, GEORGIA WITH RESPECT TO A TELECOMMUNICATIONS SYSTEMS NETWORK; TO REPEAL ALL OTHER ACTS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. WHEREAS, the City of Blakely, Georgia, a municipal corporation of the State of Georgia (the "City") operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved April 5, 1994 (Ga. L. 1994, p. 4579), 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 pursuant to Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C. G. A. Section 36-35-1 through 36-35-7; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Blakely, Georgia, and IT IS HEREBY ORDAINED, by the authority of the same, as follows: Section 1. The Charter of the City of Blakely, Georgia, which was established by an Act creating a new Charter for the City of Blakely, Georgia, approved on April 5, 1994 (Ga. L. 1994, p. 4579), as amended, is hereby amended by adding a new section to read as follows: "Subsection 1.12 (b)(20.1). 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 systems network in order to provide telecommunications services and similar other services, including cable television services (CATV), 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 of Blakely, Georgia, 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 ____________GEORGIA LAWS 2002 SESSION__________5945 furnish the services of any said 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 be and the same are hereby repealed. Section 3. If any part of this ordinance shall be declared void, it is the intent and the purpose hereof that all other provisions not so declared void shall remain in full force and effect. Section 4. The Clerk of the City is hereby authorized and directed to cause a notice, a copy of which is attached hereto as Exhibit "A" and hereby incorporated by reference, to be published in the The Early County News, the official newspaper in which Sheriffs advertisements are published in Early County, in which the City is 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 Clerk of the City is also hereby authorized and directed to cause the publisher of the The Early County News to execute an affidavit of such publication. This ordinance was introduced and read at a lawful meeting ofthe Council ofthe City of Blakely held on December 4, 2001 and read the second time, passed, and adopted in like meeting held on January 8, 2002. CITY OF BLAKELY, GEORGIA s/A.J. GENTRY_________ Mr. A.J. Gentry, Mayor [SEAL] Attest: s/ STERLING P. JONES Mr. Sterling P. Jones, City Clerk CLERK'S CERTIFICATE NOW COMES the undersigned Clerk of the City of Blakely, 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 January 8, 2002, 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 5946_______MUNICIPAL HOME RULE ORDINANCES__________ official records ofthe 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 8th day of January, 2002. s/ STERLING P. JONES Mr. Sterling P. Jones, Clerk [SEAL] Exhibit "A" NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF BLAKELY, 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 BLAKELY, GEORGIA EARLY COUNTY Notice is hereby given that an ordinance will be introduced on December 4th, 2001, and read for final adoption on the 8th day of January, 2002, to amend the Charter of the City of Blakely, Georgia, which created by an act amended on April 5, 1994 (Ga. L. 1994, p. 4579), as amended, so as to authorize the City ofBlakely, Georgia to acquire, construct, operate, maintain and contract with respect to a telecommunications systems network. A copy of this proposed amendment to the Charter of the City of Blakely, Georgia is on file in the office of the Clerk of the City of Blakely, and is on file in the office of the Clerk of the Superior Court of Early County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 15th day of November, 2001. s/ STERLING P. JONES Mr. Sterling P. Jones, Clerk STATE OF GEORGIA COUNTY OF EARLY Personally appeared before the undersigned attesting officer, W. W. Fleming, who, on oath deposes and says that he is the publisher of that newspapers known as the ____________GEORGIA LAWS 2002 SESSION__________5947 The Early County News, which publishes a weekly edition, and that The Early County News published on Wednesday of each week is the newspaper in which Sheriffs advertisements for Early 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 foregoing and attached Notice of Intention to Amend the Charter of the City of Blakely, Georgia was published in The Early County News on the 21 st day ofNovember, and on the 28th day ofNovember, and on the 5th day of December, 2001. This 14th day of January, 2002. s/WILLIAM W. FLEMING William W. Fleming, Publisher Sworn to and subscribed before me this 14th day of January, 2002. s/ BRIDGET EDISON Notary Public, Early County, Georgia My Commission Expires October 4th, 2004. Filed in the Office of the Secretary of State January 17, 2002. CITY OF MONTICELLO - TELECOMMUNICATIONS SYSTEMS NETWORK. AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF MONTICELLO BY ADDING A NEW SECTION IMMEDIATELY FOLLOWING SECTION 50, TO BE DESIGNATED AS SECTION 50.1, SO AS TO PROVIDE FOR ADDITIONAL POWERS, DUTIES, AND AUTHORITY OF THE CITY COUNCIL OF THE CITY OF MONTICELLO, GEORGIA WITH RESPECT TO A TELECOMMUNICATIONS SYSTEMS NETWORK; TO REPEAL ALL OTHER ACTS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. WHEREAS, the City of Monticello, Georgia, a municipal corporation of the State of Georgia (the "City"), operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved March 10,1959 (Ga. L. 1959, p. 2683), as amended; and 5948_______MUNICIPAL HOME RULE ORDINANCES__________ WHEREAS, the City has now determined that it is necessary to make certain amendments to its Charter pursuant to its home rule powers granted pursuant to Article IX, Section II, Paragraph II ofthe Constitution ofthe State ofGeorgia and O.C.G.A. Section 36-35-1 through 36-35-7; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Monticello, Georgia, and IT IS HEREBY ORDAINED, by the authority of the same, as follows: Section 1. The Charter ofthe City ofMonticello, Georgia, which was established by an Act creating a new Charter for the City ofMonticello, Georgia, approved on March 10, 1959 (Ga. L. 1959, p. 2683), as amended, is hereby amended by adding a new section to read as follows: "Section 50.1. 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 systems network in order to provide telecommunications services and similar other services, including cable television services (CATV), 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 of Monticello, Georgia, to finance from time to time any such telecommunications systems through the issuance of revenue bonds as then permitted by the Constitution and laws ofthe State ofGeorgia; and to make any contract with respect to and furnish the services of any said systems to consumers within or outside the corporate limits of the City. Section 2. All portions ofthe Charter or amendments thereto or all ordinances in conflict herewith be and the same are hereby repealed. Section 3. Ifany part ofthis 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 Clerk of the City is hereby authorized and directed to cause a notice, a copy ofwhich is attached hereto as Exhibit "A" and hereby incorporated by reference, to be published in The Monticello News, the official newspaper in which Sheriffs advertisements are published in Jasper County, in which the City is located, once a week for three weeks within a period of sixty days immediately preceding the day ofthe final adoption ofthis ordinance. The Clerk ofthe City is ____________GEORGIA LAWS 2002 SESSION__________5949 also hereby authorized and directed to cause the publisher of The Monticello News to execute an affidavit of such publication. This ordinance was introduced and read at a lawful meeting ofthe Council ofthe City of Monticello held on November 13, 2001 and read the second time, passed, and adopted in like meeting held on December 11, 2001. [SEAL] Attest: CITY OF MONTICELLO, GEORGIA s/ SUSAN D. HOLMES______ Mrs. Susan D. Holmes, Mayor s/ SUSAN M. ROPER__ Ms. Susan M. Roper, City Clerk CLERK'S CERTIFICATE NOW COMES the undersigned Clerk of the City of Monticello, 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 the llth day of December, 2001, 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 ofthe date herein below set forth. This llth day of December, 2001. s/ SUSAN M. ROPER______ Ms. Susan M. Roper, City Clerk (SEAL) Exhibit "A" NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF MONTICELLO, GEORGIA, BY ORDINANCE PURSUANT TO THE PROVISION OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS "THE MUNICIPAL HOME RULE ACT OF 1965" 5950 MUNICIPAL HOME RULE ORDINANCES CITY OF MONTICELLO, GEORGIA JASPER COUNTY Notice is hereby given that an ordinance will be introduced on the 13th day of November, 2001, and will be read for final adoption on the 11th day ofDecember, 2001, to amend the Charter ofthe City ofMonticello, Georgia, which created by an act amended on March 10, 1959 (Ga. L. 1959, p. 2683), as amended, so as to authorize the City of Monticello, Georgia to acquire, construct, operate, maintain and contract with respect to a telecommunications systems network. A copy of this proposed amendment to the Charter of the City of Monticello, Georgia, is on file in the office ofthe Clerk ofthe City ofMonticello, and is on file in the office of the Clerk of the Superior Court of Jasper County, Georgia, for the purpose of examination and inspection by the public, all is required by law. This 14th day of November, 2001. s/ SUSAN M. ROPER______ Ms. Susan M. Roper, City Clerk (SEAL) STATE OF GEORGIA COUNTY OF JASPER Personally appeared before the undersigned attesting officer, W. T. Hughes, who, on oath deposes and says that he is the publisher of that newspapers known as The Monticello News, which publishes a weekly edition, and that The Monticello News published on Thursday of each week is the newspaper in which Sheriffs advertisements for Jasper 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 matter and things as contained in this affidavit, and further says that the foregoing and attached Notice of Intention to Amend the Charter of the City of Monticello, Georgia was published in The Monticello News on the 22nd day ofNovember, 2001, and on the 29th day ofNovember, 2001, and on the 4th day of December, 2001. s/ W. T. HUGHES W. T. HUGHES Publisher, For The Monticello News Sworn to and subscribed before me this 11th day ofDecember, 2001. ____________GEORGIA LAWS 2002 SESSION__________5951 s/ ROY R. KELLY III NOTARY PUBLIC, JASPER COUNTY, GEORGIA Commission Exp: April 1. 2002.___ Filed in the Office of the Secretary of State January 24, 2002. CITY OF MACON - COUNCIL DISTRICTS; REAPPORTIONMENT. SPONSOR: HENRY C. FICKLIN AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA, TO AMEND APPENDIX IV OF THE CITY OF MACON CHARTER, PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965 (O.C.G.A. SECTION 36-35-1, ET SEQ.), SO AS TO REAPPORTION COUNCIL ELECTION DISTRICTS BEGINNING WITH THE MUNICIPAL ELECTION OF NOVEMBER 2003; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES. WHEREAS, following the publication of the U.S. Decennial Census of 2000, and subject to the limitations offederal, state, and local law, the governing authority ofthe City ofMacon is authorized to reapportion the districts from which members will be elected to City Council beginning with the municipal election ofNovember 2003. O.C.G.A. Section 36-35-4.1; City of Macon Charter Section 4-104. NOW THEREFORE BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia, and it is hereby so ordained by the authority of the same: Section 1. The City of Macon Charter, as set out in 1977 Ga. Laws 3776 (Act No. 507), as amended, is hereby further amended by deleting Appendix IV in its entirety and inserting in lieu thereof a new Appendix IV to read as follows: "CHARTER APPENDIX IV. COUNCIL ELECTION DISTRICTS (a) For the purpose of this Appendix IV: (1) "Tract" and "block" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States Decennial Census of 2000 for the State of Georgia. 5952_______MUNICIPAL HOME RULE ORDINANCES________ (2) "Precinct" is synonymous with "voting precinct" and means a geographical area comprised of tracts and/or portions of tracts and within which all electors vote at one polling place. A "split precinct" is a precinct that is included in more than one district. (b) For the purpose of electing the fifteen council members, the territory of the City of Macon shall be divided into five council districts. Each such district shall be comprised of precincts and portions of precincts as follows: DISTRICT 1 Jones County Tract: 030101 Block: 1006 Tract: 030102 Blocks: 3019; 3020; 9015 through 9018; 9021 through 9027; 9036; 9037; 9043; 9044; 9046 Bibb County East Macon 1 (Split precinct) Tract: 011100 Blocks: 3032 through 3034 Tract: 011200 Blocks: 1000 through 1033; 2000 through 2041 Tract: 011300 Blocks: 1003 through 1008; 1017 through 1043; 1049 through 1053; 1995 through 1998 East Macon 2 Tract: 011702 Blocks: 1004 through 1014; 1018 through 1021; 2000 through 2011; 2999 through 3007; 4000 through 4013 East Macon 3 Tract: 011100 Blocks: 1000 through 1012;2000 through 2016;3000through3031;3035; 4000 through 4002 East Macon 4 Tract: 011000 Blocks: 1000 through 1014; 1998; 1999;2013through2017;3009 through 3011; 3013 through 3017; 4000 through 4005 Tract: 011300 Blocks: 1009 through 1016; 1054; 1994 East Macon 5 Tract: 011701 Blocks: 1000 through 1010; 2000 through 2016 East Macon 6 Tract: 011702 ____________GEORGIA LAWS 2002 SESSION__________5953 Blocks: 1000 through 1002; 5000 through 5008; 5011; 5019; 5998 through 6020 East Macon 9 Tract: 011000 Blocks: 2001 through2012;2015;3000through3008;3012; 5000 through 5005; 5007 through 5014 Vineville 1 (Split precinct) Tract: 010800 Block: 2998 Vineville 2 (Split precinct) Tract: 010800 Block: 2009 Vineville 8 (Split precinct) Tract: 010800 Blocks: 2000 through 2003; 2999 Tract: 011000 Blocks: 2018 through 2020; 2998 Tract: 011900 Blocks: 1000 through 1011; 2007; 2019; 2020; 3000 through 3002; 3006 through 3014; 3016 through 3019 DISTRICT 2 Godfrey 5 (Split precinct) Tract: 012900 Blocks: 1000 through 1919; 2006 through 2011; 2015 through 2033 Tract: 013000 Blocks: 2203 through 2213; 2223 through 2225 Godfrey 6 (Split precinct) Tract: 012600 Blocks: 3007 through 3013; 3015 through 3020; 4000 through 4022 Godfrey 8 Tract: 013101 Block: 1000; 1001; 5000; 5003; 5005 through 5008; 5036 Tract: 013102 Block: 1000 through 1008; 2000 through 2006; 3000 through 3012 Godfrey 9 Tract: 013101 Block: 1002 through 1010; 1013 through 1019; 1022; 1024; 2000 through 2006; 3000 through 3013; 5012; 5013; 5016 through 5018; 5021; 5023 Hazard 1 Tract: 013201 Block: 1001; 1012; 1014; 1015; 1019 through 1029; 1037 through 1040; 2000; 3000 through 3006; 4000 through 4011 Hazard 3 (Split precinct) 5954______MUNICIPAL HOME RULE ORDINANCES_________ Tract: 013201 Blocks: 1013; 1030; 2009 through 2013 Tract: 013202 Blocks: 1002; 1003; 1006; 1007 Hazards Tract: 013201 Block: 2008 Tract: 013202 Blocks: 1000; 1001; 1010 through 1015; 1022 through 1029; 2000 through 2006; 2008 through 2014; 3000 through 3009; 1001 through 1005 Hazard 6 Tract: 013101 Blocks: 4000 through 4006; 4010 through 4018; 5039; 5040 Tract: 013102 Blocks: 4000 through 4011 DISTRICT 3 East Macon 1 (Split precinct) Tract: 011300 Blocks: 1055; 1056; 1999 Tract: 013301 Blocks: 1046 through 1051; 1992; 1993 Godfrey 1 Tract: 010500 Blocks: 1000 through 1002; 1016 through 1025; 2000 through 2010; 2014 through 2018; 3000; 3016; 3017 Tract: 010600 Blocks: 1004 through 1011; 1013 through 1020; 3000 through 3022 Tract: 010700 Blocks: 1057 through 1059; 1065 through 1067; 1071 through 1081; 1089 through 1123 Tract: 010800 Blocks: 1039; 1040 Tract: 011400 Blocks: 1000 through 1111 Tract: 011500 Blocks: 1000 through 1012 Tract: 013000 Blocks: 2000 through 2030; 2035 through 2096; 2142 through 2147; 2150 through 2158; 2160; 2175 through 2199; 2234; 2995 through 2999 Godfrey 2 (Split precinct) Tract: 011500 Blocks: 1013 through 1020; 2000 through 2053 Tract: 012700 ____________GEORGIA LAWS 2002 SESSION__________5955 Blocks: 3000 through 3019 Tract: 013000 Blocks: 2097 through 2135; 2140; 2141; 2148; 2149; 2155; 2159; 2161; 2232; 2233 Godfrey 4 (Split precinct) Tract: 012800 Blocks: 2000 through 2009; 3000 through 3003; 3006; 3007; 3010; 3011; 3014 Tract: 013000 Blocks: 2136; 2137; 2226 through 2231 Godfrey 5 (Split precinct) Tract: 012900 Blocks: 2000 through 2005; 2012 through 2014 Tract: 013000 Blocks: 1000 through 1014; 2138; 2139; 2162 through 2174; 2992 through 2994 Vineville 1 (Split precinct) Tract: 010100 Blocks: 1000 through 1005; 1007 through 1027 Tract: 010200 Blocks: 1000 through 1004; 10015 through 1019 Tract: 010300 Block: 1000 Tract: 010500 Block: 1003 Tract: 010600 Blocks: 1000 through 1003; 1012; 2000 through 2006; 2009 through 2013; 2017;2018 Tract: 010700 Blocks: 1000 through 1056; 1060 through 1064; 1068 through 1070; 1082 through 1088; 1124; 1125; 1998; 1999 Tract: 010800 Blocks: 1000 through 1038; 2004 through 2008; 2010 through 2040; 2997 Tract: 013000 Blocks: 2031 through 2034 Tract: 030101 Block: 1006 Vineville 2 (Split precinct) Tract: 010100 Blocks: 2000 through 2032; 3000 through 3012 Tract: 010200 Blocks: 1005 through 1007; 1014 Tract: 010300 Blocks: 1001; 2000 5956_______MUNICIPAL HOME RULE ORDINANCES________ Vineville 3 (Split precinct) Tract: 010300 Blocks: 1002 through 1028; 2003 through 2016; 2020; 2024 through 2038 Tract: 010400 Blocks: 1001; 1002 through 1021 Tract: 010500 Blocks: 1004 through 1015; 2011 through 2013; 3001 through 3014 Tract: 010600 Blocks: 2007; 2008; 2014 through 2016 Tract: 030102 Blocks: 9021 through 9023; 9025 through 9027; 9043; 9046 Vineville 7 Tract: 0120200 Blocks: 1008 through 1013; 2000 through 2007; 3000 through 3005; 3016 through 3018 Tract: 010300 Blocks: 2001; 2002 DISTRICT 4 Godfrey 2 (Split precinct) Tract: 012700 Blocks: 2006 through 2018 Godfrey 3 Tract: 010400 Blocks: 3000 through 3017 Tract: 012500 Blocks: 3000 through 3024 Tract: 012600 Blocks: 1005 through 1007 Godfrey 4 (Split precinct) Tract: 012800 Blocks: 1000 through 1008; 1010 through 1020; 3004; 3005; 3008; 3009; 3012; 3013 Godfrey 6 (Split precinct) Tract: 012600 Blocks: 2011 through 2022; 3000 through 3006; 3014 Godfrey 7 Tract: 012600 Blocks: 1000 through 1004; 1008 through 1022; 2000 through 2010; 5000 through 5024 Tract: 012700 Blocks: 1000 through 1014; 2000 through 2005; 2019; 2020 Macon 1 (Split precinct) Tract: 012300 ____________GEORGIA LAWS 2002 SESSION__________5957 Blocks: 2001 through 2019; 3030 through 3033; 3035 through 3041 Macon 2 Tract: 012300 Blocks: 1004 through 1010; 1029 through 1032 Tract: 012500 Blocks: 1000 through 1024; 2000 through 2008; 2010 through 2012 Macon 3 Tract: 010400 Blocks: 2000 through 2032; 4000 through 4051 Tract: 012300 Blocks: 1000 through 1003; 1011 through 1028 Vineville 3 (Split precinct) Tract: 010500 Block: 3015 Vineville 4 Tract: 012400 Blocks: 3000 through 3003; 4000 through 4040; 5000 through 5020 Tract: 012500 Block: 2009 Vineville 5 (Split precinct) Tract: 012400 Blocks: 1000; 1001; 1003 through 1006; 2000 through 2002; 2009 through 2015; 2017 through 2019; 2999 DISTRICT 5 Hazard 3 (Split precinct) Tract: 013401 Blocks: 1017; 1021 Howard 1 Tract: 012100 Blocks: 1000 through 1017; 1019; 1025 through 1030; 1032 through 1036; 1048; 1050 through 1053; 1056 through 1061 Tract: 012200 Block: 2042 Tract: 013401 Blocks: 1018 through 1020; 1022 through 1029; 2018 through 2020; 2024 through 2026; 2028 through 2031 Howard 3 Tract: 013402 Blocks: 1047; 2004 Howard 4 Tract: 011800 Blocks: 2000 through 2016; 2998; 2999; 3003 through 3017; 4003 through 4005; 4007 through 4014 5958_______MUNICIPAL HOME RULE ORDINANCES_________ Tract: 012000 Blocks: 4014; 4018; 4019 Tract: 012200 Block: 1002 Howard 5 Tract: 011000 Block: 2021 Tract: 011900 Blocks: 2000; 2001 Tract: 012000 Blocks: 1004 through 1021; 1998; 2004; 2007 through 2010; 2012 through 2019 Tract: 012100 Block: 3005 Howard 6 Tract: 012100 Blocks: 4002; 4006 through 4009; 4012 through 4023 Tract: 013402 Blocks: 2009; 2014; 2015; 5009; 5012; 6016; 6017; 6020 through 6022; 6025 through 6027; 6034; 6035 Howard 7 Tract: 012100 Blocks: 2000 through 2005; 2007 through 2009; 2016; 2017; 2019 through 2029; 3006 through 3018 Tract: 013402 Blocks: 4016 through 4019 Howard 8 Tract: 012100 Blocks: 2015; 2018 Tract: 013402 Blocks: 5008; 6023; 6036 Macon 1 (Split precinct) Tract: 012200 Blocks: 1008 through 1012 Tract: 012300 Blocks: 2000; 3000; 3009 through 3029; 3034 Tract: 012400 Block: 1007 Vineville 3 (Split precinct) Tract: 010200 Block: 3015 Vineville 5 (Split precinct) Tract: 012200 Blocks: 2000 through 2007; 2009 through 2011; 2013 through 2022; 2024; ____________GEORGIA LAWS 2002 SESSION__________5959 2026 through 2039 Tract: 012400 Block: 1002 Vineville 6 Tract: 011800 Blocks: 4000 through 4002; 4006 Tract: 012000 Blocks: 3000 through 3017; 4000 through 4013; 4015 through 4017 Vineville 8 (Split precinct) Tract: 011900 Blocks: 2002 through 2006; 2008 through 2018; 2021 through 2024; 3003 through 3005; 3015 Vineville 9 Tract: 010200 Blocks: 3006 through 3014 Tract: 011800 Blocks: 1000 through 1013; 3000; 3002; 3018 through 3024 Tract: 012200 Blocks: 1000; 1001; 1003 through 1007 Tract: 012100 Block Section 2. The reapportionment of council election districts provided in this Ordinance shall be effective for the election of members to the Council at the next regular general municipal election following the publication of the 2000 U.S. Decennial Census. 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 the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any ofthe remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance. Section 4. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. FIRST ADOPTION SO ORDAINED this 15th day of January, 2002. President, City Council 5960 MUNICIPAL HOME RULE ORDINANCES SO ADOPTED this 16th day of January, 2002. Mayor SECOND ADOPTION SO ORDAINED this 5th day of February, 2002. President, City Council SO ADOPTED this 7th day of February, 2002. Mayor City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting ofthe Council ofthe City ofMacon, held 1 -15-2002. Witness my hand and seal of the City of Macon this 1-16-2002. SUBMITTED TO MAYOR'S OFFICE January 16, 2002. s/JOYCE R. GRAY Clerk of Council RETURNED FROM MAYOR'S OFFICE January 17, 2002. 10:15 A.M. City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 2-5-2002. Witness my hand and seal of the City of Macon this 2-6-2002. s/JOYCER. GRAY Clerk of Council SUBMITTED TO MAYOR'S OFFICE February 6, 2002. RETURNED FROM MAYOR'S OFFICE February 7, 2002. 10:32 A.M. ____________GEORGIA LAWS 2002 SESSION__________5961 STATE OF GEORGIA COUNTY OF BIBB Personally appeared before me, a notary public within and for above state and county, Meschael Fields, who deposes and says she is the classified/legal supervisor for The Macon Telegraph and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as follows has been published in The Macon Telegraph on the following dates: 01/19/2002 01/26/2002 02/02/2002 1074669 # GEORGIA, BIBB COUNTY PUBLIC NOTICE - The City ofMacon proposes to amend Appendix IV of its Charter so as to reapportion the districts from which members will be elected to City Council beginning with the municipal election of November 2003. The proposed charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk. #1074669: 1/19, 26; 2/2 SIGNED MESCHAEL FIELDS Sworn to and subscribed before me this 02 day of FEBRUARY 2002 /s DEBORAH D. GILLELAND Notary Public Peach County, GA My Comm. Exp. Oct. 13, 2003 GEORGIA, BIBB COUNTY PUBLIC NOTICE The City of Macon proposes to amend Appendix IV of its Charter so as to reapportion the districts from which members will be elected to City Council beginning with the municipal election of November 2003. The proposed charter amendment is available for public inspection in the Office ofthe City Clerk and the Office of the Bibb County Superior Court Clerk. #1074669: 1/19, 26; 2/2 Filed in the Office of the Secretary of State February 21, 2002. 5962_______MUNICIPAL HOME RULE ORDINANCES________ CITY OF THOMASTON - TELECOMMUNICATIONS SYSTEMS NETWORK. ORDINANCE NO. 941 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF THOMASTON BY ADDING A NEW SECTION IMMEDIATELY FOLLOWING SECTION 37, TO BE DESIGNATED AS SECTION 37.1, SO AS TO PROVIDE FOR ADDITIONAL POWERS, DUTIES, AND AUTHORITY OF THE CITY COUNCIL OF THE CITY OF THOMASTON, GEORGIA WITH RESPECT TO A TELECOMMUNICATIONS SYSTEMS NETWORK; TO REPEAL ALL OTHER ACTS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. WHEREAS, the City of Thomaston, Georgia, a municipal corporation of the State of Georgia (the "City"), operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved March 15,1933 (Ga. L. 1933, p. 1070), 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 pursuant to Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A. Section 36-35-1 through 36-35-7; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Thomaston, Georgia, and IT IS HEREBY ORDAINED, by the authority of the same, as follows: Section 1. The Charter ofthe City ofThomaston, Georgia, which was established by an Act creating a new Charter for the City of Thomaston, Georgia, approved on March 15, 1933 (Ga. L. 1933, p. 1070), as amended, is hereby amended by adding a new section to read as follows: "Section 37.1. 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 systems network in order to provide telecommunications services and similar other services, including cable television services (CATV), 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 ____________GEORGIA LAWS 2002 SESSION__________5963 development of information-based organizations in the City of Thomaston, Georgia, 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 said 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 be and the same are hereby repealed. Section 3. If any part of this ordinance shall be declared void, it is the intent and the purpose hereof that all other provisions not so declared void shall remain in full force and effect. ********************* This ordinance was introduced, read and adopted at a regular lawful meeting of the Council of the City of Thomaston held on February 5, 2002, and read the second time, passed, and adopted for the second and final time in like meeting held on February 19,2002, and transmitted by me to the Mayor for his approval, on this 19th day of February, 2002. s/ DENNIS TRUITT_________ CITY CLERK, CITY OF THOMASTON, GEORGIA Approved by me and returned as "approved" to said City Council, in open meeting, this 19th day of February, 2002. s/ SAMUEL A. BREWTON. JR._______ MAYOR, CITY OF THOMASTON, GEORGIA. CLERK'S CERTIFICATE NOW COMES the undersigned Clerk of the City of Thomaston, 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 public meetings properly and lawfully assembled on February 5, 2002, and February 19, 2002, in compliance with Official Code of Georgia Annotated Section 50-14-1, which meetings were open to the public and 5964_______MUNICIPAL HOME RULE ORDINANCES________ 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 19th day of February, 2002. [SEAL] STATE OF GEORGIA COUNTY OF UPSON s/DENNIS TRUITT Mr. Dennis Truitt, Clerk Personally appeared before the undersigned attesting officer, Ruth Bryant, who, on oath deposes and says that she is the publisher of that newspaper known as The Thomaston Times, and that The Thomaston Times published on Wednesday ofeach week is the newspaper in which Sheriffs advertisements for Upson County are published. Further deposing, she says that as publisher ofthat newspaper, she 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 foregoing and attached Notice of Intention to Amend the Charter of the City of Thomaston, Georgia, was published in The Thomaston Times on January 23, January 30, and on February 6, 2002. This 8 day of February, 2002. Sworn to and subscribed before me this 8 day of February, 2002. s/RUTH BRYANT Publisher s/ BRUCE PUNAWAY_____ Notary Public, Upson County, Georgia My Commission Expires 6/12/2005. NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF THOMASTON, 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 THOMASTON, GEORGIA UPSON COUNTY ____________GEORGIA LAWS 2002 SESSION__________5965 Notice is hereby given that an ordinance will be introduced on February 5,2002, and read for final adoption on the 19th day of February, 2002, to amend the Charter of the City of Thomaston, Georgia, which was created by an act dated March 15, 1933 (Ga. L. 1933, p. 1070), as amended, so as to authorize the City of Thomaston, Georgia, to acquire, construct, operate, maintain and contract with respect to a telecommunications systems network. A copy of this proposed amendment to the Charter of the City of Thomaston, Georgia, was on file in the office of the Clerk of the City of Thomaston, and is on file in the office of the Clerk of the Superior Court of Upson County, Georgia, for the purpose of examination and inspection by the public, all as required by law. MAYOR& COUNCIL, CITY OF THOMASTON, GA Filed in the Office of the Secretary of State February 27, 2002. CITY OF ATLANTA - RESTRICTED GENERAL FUND RESERVE. CITY COUNCIL ATLANTA, GEORGIA AN AMENDED ORDINANCE BY FINANCE/EXECUTIVE COMMITTEE 02-0-0186 AN ORDINANCE BY THE 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 PART 1, SUBPART A, ARTICLE VI, CHAPTER 3, SECTION 6-301(b)(2), SECTION 6-302-(c) AND SECTION 6-304(b) 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 REQUIREMENT FOR THE BUDGET COMMISSION TO ALLOCATE FUNDS FOR A RESTRICTED GENERAL FUND RESERVE EQUAL TO FIVE (5) PERCENT OF THE PROPOSED GENERAL FUND BUDGET: AND FOR OTHER PURPOSES. WHEREAS, in previous years the City has routinely budgeted a General Fund Reserve in each year's annual budget; and 5966_______MUNICIPAL HOME RULE ORDINANCES_________ Whereas, this reserve is budgeted as a result of administrative budgeting practice rather than any City Charter or Code requirement; and WHEREAS, there are no Charter provisions or requirements as to the amount of the reserve budgeted; and WHEREAS, to ensure prudent fiscal policy and to protect the City's financial health, it is appropriate that the City Charter be amended to require the Budget Commission to allocate funds for a reserve; and WHEREAS, the reserve, at a minimum should be equal to five (5) percent of the General Fund Budget proposed. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA as follows: SECTION 1: That Part 1, Subpart A, Article VI, Chapter 3, Section 6-301(b)(2) ofthe Charter ofthe City ofAtlanta, Georgia approved April 15,1996, as amended be amended by adding the phrase "a General Fund Restricted Reserve equal to five (5) percent of the General Fund Budget proposed for adoption" after the word indebtedness such that the paragraph reads "Shall allocate a sum sufficient to provide for debt service, including Sinking Fund and interest on bonded indebtedness; a General Fund Restricted Reserve equal to five (5) percent of the proposed General Fund Budget proposed; and any other appropriations required by law, which such shall not be diverted to any other purpose." SECTION 2: That Part 1, Subpart A, Article VI, Chapter 3, Section 6-302 ofthe Charter of the City of Atlanta, Georgia approved April 15, 1996, as amended be amended by adding the phrase "and a General Fund Restricted Reserve equal to five (5) percent of the proposed General Fund Budget" after the word indebtedness and deleting the word "and" after the word "sinking fund" such that the paragraph reads "The governing body may amend the proposed annual budget, except that the budget as finally amended must provide for all expenditures required by law or by this Charter, including but not limited to debt service, Sinking Fund, interest on bonded indebtedness and a General Fund Restricted Reserve equal to five (5) percent of the proposed General Fund Budget which sums shall not be diverted to any other purpose and the total appropriations from any such fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund." SECTIONS: That Part 1, Subpart A, Article VI, Chapter 3, Section 6-304(b) ofthe Charter of the City of Atlanta, Georgia approved April 15, 1996, as amended be amended by adding the word "reserve" after the word "indebtedness" such that the paragraph reads "The Finance Committee or equivalent committee ofthe governing ____________GEORGIA LAWS 2002 SESSION__________5967 body shall approve or disapprove measures pertaining to the intradepartmental transfer of appropriations from one line item account to another line item account in the operating funds ofthe City prior to their consideration by the governing body, provided, however, the governing body shall not transfer to any other department funds that have been set aside for debt service, including sinking fund and interest on bonded indebtedness, General Fund Restricted Reserves, and any other appropriations required by law or for the deficit of the prior year". SECTION 4: That the requirements of this Ordinance for a General Fund Restricted Reserve, upon adoption by the City Council and approval by the Mayor, shall become effective for the proposed 2003 General Fund Budget. SECTION 5: That all ordinances or parts ofordinances in conflict herewith be and the same are hereby waived. A true copy, ADOPTED as amended by the Council MAR 04, 2002 s/RHONDA DAUPHIN JOHNSON APPROVED by the Mayor MAR 12, 2002 Municipal Clerk, CMC 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, said Ordinance, 02-0-0186, being captioned as follows: An Ordinance 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 Part 1, Subpart A, Article VI, Chapter 3, Section 6-301 (b)(2), Section 6-3 02(c) and Section 6-304(b) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1966, p. 4469, et. seq.) approved April 15, 1996, as amended so as to add a requirement for the Budget Commission to allocate funds for a restricted General Fund Reserve equal to five (5) percent of the proposed General Fund Budget; 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 6TH Day of February 2002. Rhonda Dauphin Johnson 5968_______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.), as amended, said Ordinance, 02-0-0186, being captioned as follows: An Ordinance 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 Part 1, Subpart A, Article VI, Chapters, Section 6-3 01(b)(2), Section 6-302(c) and Section 6-304(b) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1966, p. 4469, et. seq.) approved April 15, 1996, as amended so as to add a requirement for the Budget Commission to allocate funds for a restricted General Fund Reserve equal to five (5) percent of the proposed General Fund Budget; and for other purposes. A copy of the proposed Ordinance and Charter Amendment is on file in the Office ofthe Municipal Clerk ofthe City of Atlanta 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 6th Day Of February 2002. Rhonda Dauphin Johnson Municipal Clerk, CMC 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, said Ordinance, 02-0-0186, being captioned as follows: An Ordinance 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 Part 1, Subpart A, Article VI, Chapter 3, Section 6-301 (b)(2), Section 6-3 02(c) and Section 6-304(b) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1966, p. 4469, et. seq.) approved April 15, 1996, as amended so as to add a requirement for the Budget Commission to allocate funds for a restricted General Fund Reserve equal to five (5) percent of the proposed General Fund Budget; and for other purposes. ____________GEORGIA LAWS 2002 SESSION_________5969 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 6TH Day of February 2002. Rhonda Dauphin Johnson Municipal Clerk, CMC #16:2/14-3ab PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Before me, the undersigned, aNotary Public, this day personally came Antonio Bell who, being duly sworn, according to law, says he 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: 02/14/02,02/21/02,02/28/02 s/ANTONIO BELL Antonio Bell Agent of the Daily Report Subscribed and sworn to before me this 03/04/02. s/ KAWEEMAH NELSON Notary Public PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON 02-0-0186 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 5970_______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: FEBRUARY 14, 2002. SWORN TO AND SUBSCRIBED BEFORE ME, THIS 20TH DAY OF FEBRUARY 2002. s/ WANDA W. MOORE_____ (NOTARY SIGNATURE) MY COMMISSION EXPIRES MARCH 12, 2002 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, 02-0 0186 was published in said newspaper on the following date(s): 02/21/02, 02/28/02 s/ CAROLYN J. GLENN______ CAROLYN J. GLENN, PUBLISHER Sworn to and subscribed before me this 02/28/02. s/ DORCAS Y. JERNIGAN______ Notary Public My commission expires April 17, 2005. Filed in the Office of the Secretary of State March 18, 2002. ____________GEORGIA LAWS 2002 SESSION__________5971 CITY OF ATLANTA - PERSONAL LIABILITY OF BUDGET COMMISSION FOR OVER-ANTICIPATION OF RECEIPTS. CITY COUNCIL ATLANTA, GEORGIA AN AMENDED ORDINANCE BY FINANCE/EXECUTIVE COMMITTEE 02-0-0187 AN ORDINANCE BY THE 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 PART 1, SUBPART A, ARTICLE VI, CHAPTER 3, SECTION 6-301(b) 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 SECTION 6-301 (b)(6), WHICH READS "THE MEMBERS OF THE BUDGET COMMISSION SHALL BE PERSONALLY LIABLE FOR THE OVER-ANTICIPATION OF RECEIPTS". WHEREAS, the City Charter prior to 1996 contained a provision that budget commission members were personally liable for the over-anticipation of receipts; and WHEREAS, this provision was removed in the 1996 City Charter; and WHEREAS, if at any time during any year, the expenditures exceed the revenues collected and a deficit is created, it is the duty of the Budget Commission before appropriating any other sum for any purpose other than interest and Sinking Fund on the bonded indebtedness, to appropriate a sufficient sum to immediately discharge any deficit which has accrued during the preceding year; and WHEREAS, the Budget Commission has the authority to increase budget revenue anticipations ifnormal revenues exceed appropriations, or ifrevenues are increased by law or other extraordinary actions; and WHEREAS, it is appropriate that Budget Commission members be responsible for their actions. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA as follows: 5972_______MUNICIPAL HOME RULE ORDINANCES_________ SECTION 1: That Part 1, Subpart A, Article VI, Chapter 3, Section 6-30l(b) of the Charter of the City of Atlanta, Georgia approved April 15, 1996, as amended be amended by adding a paragraph (6) which reads "The members of the Budget Commission shall be personally liable for the over-anticipation of receipts". SECTION!: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby waived. A true copy ADOPTED as amended by the Council MAR 04, 2002 s/ RHONDA DAUPHIN JOHNSON APPROVED by the Mayor MAR 12, 2002 Municipal Clerk, CMC 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, said Ordinance 02-0-0187 being captioned as follows: An Ordinance 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. 268, et. seq.) as amended to amend Part 1, Subpart A, Article VI, Chapter 3, Section 6-301(b) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1966, p. 4469, et. seq.) approved April 15, 1996, as amended, so as to add a Section 6-301(b)(6), which reads "The Members of the Budget Commission shall be personally liable forthe over anticipation of receipts." 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 11TH DAY OF FEBRUARY, 2002. Rhonda Dauphin Johnson Municipal Clerk, CMC 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, said ____________GEORGIA LAWS 2002 SESSION__________5973 Ordinance 02-0-0187 being captioned as follows: An Ordinance 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. 268, et. seq.) as amended to amend Part 1, Subpart A, Article VI, Chapter 3, Section 6-30 l(b) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1966, p. 4469, et. Seq.) approved April 15, 1996, as amended, so as to add a Section 6-301(b)(6), which reads "The Members of the Budget Commission shall be personally liable for the over anticipation ofreceipts." 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 THE 6TH DAY OF FEBRUARY, 2002. Rhonda Dauphin Johnson Municipal Clerk, CMC 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, said Ordinance 02-0-0187, being captioned as follows: An Ordinance 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. 268, et. seq.) as amended to amend Part 1, Subpart A, Article VI, Chapter 3, Section 6-301(b) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1966, p. 4469, et. Seq.) approved April 15, 1996, as amended, so as to add a Section 6-301(b)(6), which reads "The Members of the Budget Commission shall be personally liable for the over anticipation ofreceipts." 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 6TH DAY OF FEBRUARY, 2002. 5974_______MUNICIPAL HOME RULE ORDINANCES_________ Rhonda Dauphin Johnson Municipal Clerk, CMC #17:2/14-3ab PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Before me, the undersigned, a Notary Public, this day personally came Antonio Bell who, being duly sworn, according to law, says he 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, ofwhich the annexed is a true copy, was published in said newspaper as provided by law on the following dates: 02/14/02, 02/21/02, 02/28/02 s/ ANTONIO BELL____ Antonio Bell Agent of the Daily Report Subscribed and sworn to before me this 03/04/02. s/ KAWEEMAH NELSON Notary Public PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON 02-0-0187 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 ofgeneral 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 14, 2002. SWORN TO AND SUBSCRIBED BEFORE ME, THIS 20TH DAY OF FEBRUARY 2002. GEORGIA LAWS 2002 SESSION 5975 s/ WANDA W. MOORE (NOTARY SIGNATURE) MY COMMISSION EXPIRES MARCH 12, 2002 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, 02-0-0187 was published in said newspaper on the following date(s): 02/21/02,02/28/02 s/ CAROLYN J. GLENN________ CAROLYN J. GLENN, PUBLISHER Sworn to and subscribed before me this 02/28/02. s/ DORCAS Y. JERNIGAN______ Notary Public My commission expires April 17, 2005. Filed in the Office of the Secretary of State March 18, 2002. CITY OF COLLEGE PARK - ELIMINATION OF CERTAIN ANTIQUATED CHARTER PROVISIONS. STATE OF GEORGIA CITY OF COLLEGE PARK ORDINANCE NO. 2002-11 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF COLLEGE PARK, GEORGIA, SO AS TO ELIMINATE CERTAIN ANTIQUATED PROVISIONS; TO PROVIDE SEVERABILITY; TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN ADOPTION AND 5976_______MUNICIPAL HOME RULE ORDINANCES_________ EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES. WHEREAS, the duly elected governing authority of the City of College Park, Georgia is the Mayor and Council thereof; WHEREAS, the governing authority desires to amend the Charter ofthe City of College Park, Georgia in order to eliminate certain antiquated provisions; and WHEREAS, the amendments contained herein would benefit the health, safety, morals and welfare of the citizens of the City of College Park. BE IT AND IT IS HEREBY ORDAINED by the Mayor and Council of the City of College Park, Georgia, and by the authority thereof: Section 1. That Section 1-3 of the Charter of the City of College Park, Georgia is hereby amended to read as follows: "Section l-3.Municipal government vested in mayor and councilmembers; constituted body corporate andpolitic. The municipal government ofsaid city shall be vested in a mayor andfour (4) councilmembers, who shall have been bonaflde residents ofsaid cityfor one (I) year preceding their election to said offices. They shall constitute the governing body and authority ofsaid city and shallpass such ordinances, resolutions and bylawsfor the government ofsaid city, as they may deem proper, not in conflict with this charter or the Constitution and laws ofthis state, or ofthe United States. Said municipal government shall be styled 'City of College Park,' and by that name is made a body corporate; andas such shall haveperpetual succession, shall have a common seal, may contract; may hold, possess, sell and conveyfor the use ofsaid city, real or personal estate ofany kind; may sue and be sued; and shall have and exercise such other rights, powers and authority as are or may be provided by its charter and by other laws of this state relating to municipal corporations." Section 2. That Section 1-4 of the Charter of the City of College Park, Georgia is hereby amended to read as follows: "Section 1-4. Salaries ofMayor and Councilmembers. Pursuant to O.C.G.A. Section 36-35-4 as now and hereafter amended, the salaries ofthe mayor and ofeach councilmember ofthe City ofCollege Park shall be established by ordinance ofthe mayor and council. " ____________GEORGIA LAWS 2002 SESSION__________5977 Section 3. That Section 1-5 of the Charter of the City of College Park, Georgia is hereby amended to read as follows: "Section 1-5. Vacancies in office ofmayor, councilmembers. Vacancies in the office ofcouncilmembers, by death, resignation, failure to elect, removal from office or from the city, shall be filled by election, which shall be ordered by the mayor. " Section 4. That Section 2-10, Sale of spirituous, intoxicating liquors; punishment, of the Charter of the City of College Park, Georgia is hereby deleted in its entirety. Section 5. That Section 4-2 of the Charter of the City of College Park, Georgia is hereby amended to read as follows: "Section 4-2.Oualifications; eligibility of mayor, councilmembers. The City Manager shall be chosen solely on the basis of ability, training and experience. The City Manager shall be a citizen ofthe United States. At the time of appointment, the City Manager need not be a resident of the city or state, but during his or her tenure ofoffice the City Manager shall reside within the city. " Section 6. That Section 5-14 ofthe Charter ofthe City of College Park, Georgia is hereby amended to read as follows: "Section 5-14. Registration, oath ofvoters; voters' book required, contents. Immediately after thepassage and approval ofthis Act [article], the mayor and council ofsaid city shall provide, and the city clerk ofsaid city, who shall be the registrar ofthe voters thereof, shall open and keep open, as hereinafter provided, a book or books to be designated 'Voters' Book, for the permanent registration of the qualified voters ofsaid cityfor any andall election ofevery kind and character andfor whatever purpose held in said city; it being the intent andpurpose ofthis Act [article] toprovidefor a single, permanent, general registration ofthe qualified voters ofsaid city, under general rules, for use in said city. Said book or books shall consist of a book or books made up of individual registration cards and/or other forms on which is printed an oath, inform and language substantially as hereinafter set out, and other pertinent data as the mayor and council shall direct; and said mayor and council may, in their discretion, provide for a separate book or booksfor each ofthe wards ofsaid city. The oath above mentioned shall be in form and language substantially as follows, to wit: 5978______MUNICIPAL HOME RULE ORDINANCES_________ Georgia, Fulton County: 'OATHOF VOTER I do swear, or affirm, that I am a citizen ofthe Untied States; that I am 18 years ofage, or will be on the date setforth below; that I have resided in the State of Georgiafor one year, and in the City ofCollege Parkfor thirty days immediately preceding the date of this oath, or will have so resided on the date or dates hereinaftersetforth; that, in sofar as same relates to municipal elections, Ipossess the qualifications ofan elector required by Article 2, ofthe constitution ofthe State of Georgia, and I am not laboring under any of the disabilities named in said Article; and that I am not disfranchised from voting by reason of any offense committed against the laws ofthis state. Ifurther swear, or affirm, that I reside in the _______ Ward of the City of College Park, at NO. ______ on ______ ______ Street; my age is _____; my occupation is _________________. I will have resided in the State ofGeorgiafor oneyear on _______________________, and in the City of College Park for thirty days on Signature Sworn to and subscribed before me this _______ day of _____________ 20___. _____________________Registrar. Male O Female O' The mayor and council may, ifdesired, add to theform ofoath above setforth the name ofthe wardfor which it is to be used. Any and all persons who, at the time ofthepassage andapproval ofthis Act, are legally registered voters under the charter provisions ofsaid city, and who, on the date offuture municipal elections, are otherwise qualified to do so shall be permitted to vote in any and all such elections hereafter held in said city, without re-registration in the permanent voters' book provided for in this section of this Act; subject however, to the provisions ofsection 15 (d) [section 5-17] ofthis Act, which are hereby made to relate to saidpersons, as well as topersons who hereafter register in thepermanent voters' bookprovidedfor in this section ofthis Act. " Section 7. That Section 5-15 of the Charter of the City of College Park, Georgia is hereby amended to read as follows: "Section 5-15. Maintenance of voters' book; duty of registrant, registering officer. (c) Identification ofregistrant: For thepurpose ofmore easily identifying the voter, the officer in charge ofthe voters' book shall note therein, in connection with ____________GEORGIA LAWS 2002 SESSION__________5979 each signature, the sex oftheperson signing, that is to say, whether male orfemale, and this may be done by striking the printed words at the bottom of said oath designating the sex which are inapplicable to the voter, or by checking the words applicable to the voter. Section 8. The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set out herein. Section 9. This Ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City of College Park. Section 10. (a) It is hereby declared to be the intention ofthe Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional. (b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase ofthis Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance. (c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgement or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect. Section 11. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Section 12. The effective date of this Ordinance shall be the date of adoption unless otherwise specified herein. 5980______MUNICIPAL HOME RULE ORDINANCES ORDAINED this 4th day of March, 2002. CITY OF COLLEGE PARK, GEORGIA ATTEST: s/JACK P. LONGING JACK P. LONGING, Mayor s/ LAKEITHA REEVES LAKEITHA REEVES, City Clerk APPROVED AS TO FORM: s/ STEVEN M. FINCHER__________ STEVEN M. FINCHER, City Attorney NOTICE OF CHARTER AMENDMENT Notice is hereby given by the Mayor and Council of the City of College Park that the City Council at its regular meetings on the 18th day of February, 2002 and the 4th day of March, 2002 at the Council Chambers, City Hall, City of College Park shall consider and adopt an amendment to the Charter of the City of College Park, Georgia to amend certain antiquated provisions, and for other lawful purposes. Copies of the proposed ordinances are at City Hall and the offices of the Clerks of the Superior Courts of Fulton County and Clayton County, and may be reviewed by any person during normal business hours. THE CITY OF COLLEGE PARK LAKEITHA REEVES, CITY CLERK If you have any questions, or if I can be of any further assitance in this matter, please do not hesitae to contact me at 404-669-3754. 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, of which the annexed is a true copy, was published in said paper on the 20th day(s) ofFebruary 2002, and on the ___ days of_____, 20__, as provided by law. ____________GEORGIA LAWS 2002 SESSION__________5981 Subscribed and sworn to before me this 25th day of March, 2002 s/ R. TERRY SMITH s/ DEBRA C. ADAMSON______ Notary Public My commission expires Aug 21 2004 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, of which the annexed is a true copy, was published in said paper on the 13th day(s) of February 2002, and on the _____________ days of _____, 20__, as provided by law. Subscribed and sworn to before me this 25th day of March, 2002 s/ R. TERRY SMITH s/ DEBRA C. ADAMSON_______ Notary Public My commission expires Aug 21 2004 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 ofthe Marietta Daily Journal, publishers of the Marietta Daily Journal, official newspaper published at Marietta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 27th day(s) of February 2002, and on the _____________ days of _____, 20__, as provided by law. s/ R. TERRY SMITH 5982______MUNICIPAL HOME RULE ORDINANCES Subscribed and sworn to before me this 25th day of March, 2002 s/ DEBRA C. ADAMSON______ Notary Public My commission expires Aug 21 2004 Filed in the Office of the Secretary of State April 3, 2002 CITY OF DILLARD - MUNICIPAL COURT PROVISIONS. CHARTER AMENDMENT BE IT ORDAINED BY the mayor and council of the City of Dillard, Georgia that the Charter of the City of Dillard is hereby amended pursuant to Title 36, Chapter 35 ofthe Official Code ofGeorgia, by striking in its entirety Sections 6.01, 6.02, 6.03,6.4, 6.05, and 6.06 of the Charter of the City of Dillard and substituting in lieu thereof new Sections 6.01, 6.02, and 6.03, to read as follows: SECTION 6.01 ESTABLISHMENT There is hereby established for the City ofDillard a Municipal Court to be known as the Municipal Court of Dillard. The Municipal Court of Dillard shall have jurisdiction over violations of municipal ordinances and over such other matters as are by general law made subject to the jurisdiction of municipal courts in the State of Georgia. SECTION 6.02 JURISDICTION AND POWER The establishment, jurisdiction, and power of the Municipal Court of Dillard is as established by the law of Georgia creating Municipal Courts as it exists or as amended. The power of the Municipal Court judge is as established by the law of Georgia as it exists or as amended. Chapter 32 of Title 36 of the Official Code of Georgia Annotated is hereby adopted by reference. SECTION 6.03 MUNICIPAL JUDGE The judge of the Municipal Court shall be appointed by governing authority of the City of Dillard. The judge of the Municipal Court shall be a licensed attorney in good standing authorized to practice law in the state. The compensation of the municipal judge will be fixed from time to time by the governing authority of the City of Dillard. The municipal judge will serve at the pleasure of the governing authority of the City of Dillard. ___________GEORGIA LAWS 2002 SESSION__________5983 The 9th day of April, 2002. s/ WILLIAM ROBINSON William Robinson, Mayor Attest: s/ GLENDA ENLOE Glenda Enloe, Clerk First Reading: March 12, 2002 Publication: March 21, 2002 March 28, 2002 April 4, 2002 Final Reading: April 9, 2002 NOTICE OF CHARTER AMENDMENT CITY OF DILLARD, GEORGIA Notice is hereby given that the mayor and council of the City of Dillard, Georgia has passed at first reading a proposed amendment to the Charter of the City of Dillard, which amendment amends Article 6 of the Charter of the City of Dillard by striking said Article in its entirety and creating a new Article 6, which incorporates by reference the law of Georgia pertaining to municipal courts. This proposed amendment establishes the Municipal Court of the City of Dillard. This proposed amendment provides for the appointment of a judge of the Municipal Court of the City of Dillard. This charter amendment incorporates by reference Chapter 32 of Title 36 of the Official Code of Georgia Annotated. Such proposed charter amendment shall be considered for second and final passage by the mayor and council ofthe City ofDillard, Georgia at the next regular meeting to be held on April 9, 2002 at 7:00 P.M. at the City Hall in Dillard, Georgia. A copy of the proposed charter amendment is on file with the city clerk of the City of Dillard, Georgia at the City Hall, and a copy is also on file in the office of the clerk of the Superior Court of Rabun County, Clayton, Georgia. Publication dates: March 21,2002 March 28, 2002 April 4, 2002 s/GLENDA ENLOE_____ GLENDA ENLOE, Clerk 5984_______MUNICIPAL HOME RULE ORDINANCES_________ CERTIFICATE OF PUBLICATION This is to certify that Russell R. Majors, publisher of the Clayton Tribune, the official organ of Rabun County, Georgia, hereby certifies that the above and foregoing charter amendment of the City of Dillard, Georgia was published in The Clayton Tribune on March 21, 2002, and April 4, 2002. s/ RUSSELL R. MAJORS Publisher Sworn to and subscribed before me this 8th day of April, 2002. s/DAVID T. HOLT_____ Notary Public My Commission Expires 10/1/04. Filed in the Office of the Secretary of State April 15, 2002. ORDER OF THE SUPERIOR COURT OF DOUGLAS COUNTY DISSOLVING THE CITY OF LITHIA SPRINGS PURSUANT TO CODE SECTION 36-30-7.1 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED ____________GEORGIA LAWS 2002 SESSION__________5987 GEORGIA, DOUGLAS COUNTY This is to certify that the within final order is a true and correct copy as recorded in the office of the Clerk of Superior Court. Case # 97CV372 Book __ Page __ This 26 day of Dec, 2001 s/ CINDY W. CHAFFIN Clerk GEORGIA, DOUGLAS SUPERIOR COURT FILED 21 DAY OF June, 2001. s/ CINDY W. CHAFFIN CLERK IN THE SUPERIOR COURT OF DOUGLAS COUNTY STATE OF GEORGIA JAMES T. TURLEY, and ] THELMA TURLEY, ] ] Plaintiffs, ] ] v. ] ] THE CITY OF LITHIA SPRINGS, ] GEORGIA, ] ] Defendant. ] FINAL ORDER The Plaintiffs filed the present action seeking a declaratory judgment declaring that the City of Lithia Springs has failed to meet certain requirements for municipal corporations set forth by the Georgia Legislature and codified as O.C.G.A. 36-307.1.. Prior to the trial of the case the parties entered into a Settlement Agreement resolving all issues in the present action. 5988____COURT ORDERS DISSOLVING MUNICIPALITIES______ Pursuant to the terms ofthe Settlement Agreement Defendant held a referendum on March 20, 2001 whereby the citizens of Lithia Springs, Georgia voted on the issue of whether the City of Lithia Springs, Georgia should continue to exist as a Georgia municipal corporation. The results of said referendum have been certified and a majority of the citizens of Lithia Springs, Georgia voted in opposition to the continuation of the City of Lithia Springs, Georgia as a Georgia municipal corporation. Defendant has represented to the Court that in accordance with the terms of the Settlement Agreement the local legislative delegation of Douglas County has been notified of the results of the aforementioned referendum and a request has been made upon said delegation to accept surrender of the City Charter of Defendant and to repeal local Act Number 299 (H.B. 970) and any and all other acts granting the City of Lithia Springs, Georgia a charter, and to designate Lithia Springs a Historic Township. The terms ofthe Settlement Agreement provided that the local legislative delegation of Douglas County has ninety (90) days from the date ofthe aforesaid referendum to honor the request to accept surrender ofthe City Charter. The parties represented to the Court that ninety (90) days from the date of the referendum has elapsed and the local legislative contingent of Douglas County has failed to act on the request to surrender the City Charter, as insufficient time remained in the legislative session to allow such action; IT IS THEREFORE ORDERED AND ADJUDGED THAT, pursuant to the provisions of the Settlement Agreement entered into by the parties and in accordance with the provisions of O.C.G.A. 36-30-7.1 the Plaintiffs' Petition is hereby granted, the Georgia municipal corporation known as The City of Lithia Springs, Georgia is hereby dissolved, and the rights, property and obligations of The City of Lithia Springs, Georgia shall be governed by the provisions of O.C.G.A. 36-30-70.1 A certified copy ofthis judgment shall be filed with the Secretary of State and the legislative counsel. This Order shall be effective on June 21, 2001. So Ordered this the 21st day of June 2001. GEORGIA LAWS 2002 SESSION 5989 s/ DAVID T. EMERSON David T. Emerson Judge, Superior Court Douglas Judicial Circuit Consented to by: s/ D. MICHAEL WILLIAMS D. Michael Williams, Attorney for The City of Lithia Springs, Georgia s/ SCOTT K. CAMP_____ Scott K. Camp, Attorney for James T. Turley and Thelma Turley ORDER OF THE SUPERIOR COURT OF GWINNETT COUNTY DISSOLVING THE TOWN OF RESTHAVEN PURSUANT TO CODE SECTION 36-30-7.1 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED ____________GEORGIA LAWS 2002 SESSION__________5993 IN THE SUPERIOR COURT OF GWINNETT COUNTY STATE OF GEORGIA CHARLES A. JONES, : Plaintiff : vs. : CIVIL ACTION TOWN OF RESTHAVEN Defendant : FILE NO. 01 A-8218-7 CONSENT JUDGMENT Plaintiff having filed his Petition for Dissolution of the Town of Resthaven and the Town of Resthaven having filed its answer whereupon the Town of Resthaven admits that it does not provided at least three of the services required by Georgia Code 36-30-7.1(b)(l), and it appearing that the parties have consented to the dissolution of the Town of Resthaven as a municipal corporation, the Court finds that the Town of Resthaven has failed to provide services as required by Georgia Code 36-30-7.1 and that the Plaintiff is entitled to the dissolution of the Town of Resthaven. WHEREFORE, it is ordered that the charter of the Town of Resthaven be surrendered to and received by this Court and that the Town ofResthaven is hereby dissolved as an incorporated municipality under the authority of Georgia Code 36-30-7.1(j). This 10th day of August, 2001. CONSENTED TO: s/ MELODIE SNELL CONNER______ JUDGE GWINNETT SUPERIOR COURT MELODIE SNELL CONNER s/ CHARLES A. JONES Plaintiff CHARLES A. JONES 5994 COURT ORDERS DISSOLVING MUNICIPALITIES s/ KENNETH WAYCASTER Kenneth Waycaster Mayor, Town of Resthaven s/ LINDA GREENWOOD Linda Greenwood Councilman s/ JAMES W. MONTGOMERY James W. Montgomery, s/ WAYNE BURNETTE Wayne Burnette, s/ KELLY GREENWOOD. Kelly Greenwood, Councilman s/ RICHARD TULLIS Richard Tullis City Manager s/ GENTRY WADE_____ Gentry Wade Councilman s/ MONICA JACOBS Monica Jacobs, City Clerk Georgia, Gwinnett County This is to certify this is a true and correct copy of consent judgment as the same appears of record in Gwinnett County Superior Court. Given under my official signature and seal of the Court this 13th day of March 2002. s/ NANCY B. OWENS_____________________ Deputy Clerk Superior Court, Gwinnett County, Georgia IN THE SUPERIOR COURT OF GWINNETT COUNTY STATE OF GEORGIA CHARLES A. JONES, Plaintiff, v. TOWN OF RESTHAVEN, Defendant. CIVIL ACTION FILE NO. Ol-A-08218- ____________GEORGIA LAWS 2002 SESSION__________5995 ORDER ON INTERVENORS' MOTION TO INTERVENE AND SET ASIDE AND VACATE CONSENT JUDGMENT Intervenors Tom and Willena Robinson filed their Motion to Intervene and Set Aside and Vacate Consent Judgment on August 31, 2001. Intervenors filed an Amendment to their Motion to Intervene and Set Aside and Vacate Consent Judgment on September 10, 2001. Defendant filed its response to the original motion on October 1,2001 and filed its response to the amended motion on October 12,2001. Plaintiffhas not filed a response to Intervenors' motion. Having read and considered the motions as well as the pleadings, all applicable matters of record, and controlling case law, the Court finds as set forth herein. On August 9, 2001, Plaintiff, Charles A. Jones, filed a Petition for Declaratory Judgment, asking the Court to dissolve the Town of Resthaven because the town did not provide at least three services pursuant to O.C.G.A. 36-30-7.1(b)(l). The Town of Resthaven filed its answer on August 9,2001, admitting the allegations of Plaintiffs Petition for Declaratory Judgment. A consent judgment dissolving the town was entered on August 13, 2001. In addition to the motion before this Court, Intervenors filed a complaint on August 20, 2001, against the mayor of the Town of Resthaven, each individual town councilperson, and the Town of Resthaven. Intervenors suit, civil action 01A-8647-5, was assigned to Division 5 of Gwinnett Superior Court. Intervenors claim that the members of the Town council and the mayor colluded, and that the Petition for Declaratory Judgment was instituted to deprive Intervenors of their right to develop their property. Intervenors want the consent judgment set aside and vacated pursuant to O.C.G.A. 9-ll-60(d) because of fraud and mistake. Intervenors claim that the Town of Resthaven did provide at least three services and request an evidentiary hearing on that issue. Intervenors want to intervene because they claim they have an interest in the suit as property owners in the Town of Resthaven, and satisfy the requirements of O.C.G.A. 9-ll-24(a)(2). Intervenors also request that their complaint, currently assigned to Division 5 of Gwinnett Superior Court, be transferred to this Court and consolidated with the above-styled case. 5996 COURT ORDERS DISSOLVING MUNICIPALITIES_______ Pursuant to O.C.G.A. 9-11 -60(d), a Court may set aside ajudgment based upon: (1) lack ofjurisdiction over the person or the subject matter; (2) fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or (3) a nonamendable defect which appears upon the face of the record or pleadings. Intervenors argue that the consent judgment entered on August 13, 2001, should be set aside because of fraud and mistake. Intervenors, however, cannot maintain a motion to set aside in the above-styled case because they were not parties to the judgment. "The distinction between technical motions in arrest or to set aside, and independent proceedings to annul judgments for fraud, lies in the fact that a motion in arrest or to set aside is an integral part of the previous litigation, and therefore must be between the parties thereto." Ingram & Le Grand Lumber Co. v. Burgin Lumber Co.. 191 Ga. 584 (1941), citing Simpson v. Bradley. 189 Ga. 316 (1939). Intervenors' Motion to Intervene and Set Aside and Vacate Consent Judgment is, therefore, DENIED. SO ORDERED this 11 day of March, 2002. s/R. TIMOTHY HAMIL_____ R. TIMOTHY HAMIL, Judge Superior Court of Gwinnett County Original: cc: Clerk of Court Mr. H. Carson Smith, III, Attorney for Intervenors Ms. Debra K. Greeson, Attorney for Defendant Mr. Charles A. Jones, Plaintiff pro se