LOCAL AND SPECIAL ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
2003

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*&

COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume Two Book Two

COMPILER'S NOTE
General Acts and Resolutions of the 2003 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. Local and Special Acts and Resolutions will be found in Volume II beginning at page 3501. Home rule actions by counties and consolidated governments and by municipalities filed in the Office of the Secretary of State between April 16,2002, and April 30,2003, are printed in Volume II beginning at pages 4773 and 4787, respectively.
There are no numbered pages between page 995, the last page of Volume I, and page 3501, the first page of Volume II. This allows both volumes to be printed simultaneously. Volume II has been divided into two books because of the number of pages in the volume. Page numbers will run consecutively between the books in the 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 or Senate Bill or Resolution number which it was given when it was introduced in the General Assembly. 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 2003
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application ......................... 1
VOLUME TWO
Acts and Resolutions of Local Application ........................ 3501 County and Consolidated Government Home Rule Actions ........... 4771 Municipal Home Rule Actions .................................. 4785
VOLUME THREE
Acts by Numbers-Page References ................................ 1A Bills and Resolutions-Act Number References ....................... 5A Index-Tabular ................................................ 11A Index-General................................................ 41A Population of Georgia Counties-Alphabetically ..................... 112A Population of Georgia Counties-Numerically ...................... 119A Population of Municipalities-Alphabetically ....................... 124A Population of Municipalities-Numerically ......................... 131A Population of Judicial Circuits .................................. 138A Georgia Senate Districts, Alphabetically by County ................. 142A Georgia Senators, Numerically by District. ........................ 144A Georgia House Districts, Alphabetically by County ................. 147A Georgia Representatives, Numerically by District ................... 149A Status of Referendum Elections ................................. 158A Governor's Proclamation on Ratification or Rejection of
Constitutional Amendments at the 2002 General Election ........... 339A Vetoes by the Governor ....................................... 344A State Auditor's Report on Funding of Retirement Bills ............... 3 64A

____________GEORGIA LAWS 2003 SESSION_________4291
TERRELL COUNTY - CHIEF MAGISTRATE; NONPARTISAN ELECTION.
No. 270 (House Bill No. 500).
AN ACT
To provide that future elections for the office ofchiefmagistrate ofTerrell County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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. All elections for the office ofchiefmagistrate ofTerrell County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. Nothing in this Act shall affect the term ofoffice ofthe chiefmagistrate of Terrell County in office on the effective date of this Act. The sitting probate judge shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.
SECTIONS. The governing authority ofTerrell County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department ofJustice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

4292 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 2003 session of the General Assembly of Georgia a bill to provide that future elections for the office of chief magistrate of Terrell County shall be nonpartisan elections; and for other purposes.
This 3rd day of February, 2003.
State Rep. Bob Manner House District 133
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Manner, who on oath deposes and says that he is the Representative from District 133 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dawson News which is the official organ of Terrell County on February 6, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BOB MANNER Bob Manner Representative, District 133
Sworn to and subscribed before me, this 18th day of February, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.

_____________GEORGIA LAWS 2003 SESSION__________4293
TERRELL COUNTY - JUDGE OF PROBATE COURT; NONPARTISAN ELECTION.
No. 271 (House Bill No. 501).
AN ACT
To provide that future elections for the office of probate judge of Terrell County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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. All elections for the office of probate judge of Terrell County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. Nothing in this Act shall affect the term of office of the probate judge of Terrell County in office on the effective date of this Act. The sitting probate judge shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.
SECTION 3. The governing authority of Terrell County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

4294 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 2003 session of the General Assembly of Georgia a bill to provide that future elections for the office of probate judge of Terrell County shall be nonpartisan elections; and for other purposes.

This 3rd day of February, 2003.

State Rep. Bob Hanner House District 133

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who on oath deposes and says that he is the Representative from District 133 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dawson News which is the official organ of Terrell County on February 6, 2003, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BOB HANNER Bob Hanner Representative, District 133

Sworn to and subscribed before me, this 18th day of February, 2003.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)

Approved June 3, 2003.

WEBSTER COUNTY - VEHICLE REGISTRATION PERIOD.
No. 272 (House Bill No. 505).
AN ACT
To repeal an Act providing for a four-month vehicle registration period for Webster County, approved March 25,1996 (Ga. L. 1996, p. 3662), as amended, particularly

____________GEORGIA LAWS 2003 SESSION__________4295
by an Act approved April 21, 1997 (Ga. L. 1997, p. 4266); to specify the vehicle registration period for Webster 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 four-month vehicle registration period for Webster County, approved March 25, 1996 (Ga. L. 1996, p. 3662), as amended, particularly by an Act approved April 21,1997 (Ga. L. 1997, p. 4266), is repealed effective January 1 of the second calendar year following the year in which this Act is approved by the Governor or becomes law without such approval. Accordingly, on and after the date of such repeal, the registration period for vehicles in Webster County, including without limitation those vehicles for which registration and licensing is issued in the calendar year immediately preceding such repeal for expiration in the calendar year of such repeal, shall be as provided by subparagraph (a)(l)(A) of Code Section 40-2-21 of the 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 given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to repeal an Act providing for a four-month vehicle registration period for Webster County, approved March 25, 1996 (Ga. L. 1996, p. 3662), as amended, particularly by an Act approval April 21,1997 (Ga. L. 1997, p. 4266); and for other purposes.
This 6th day of February, 2003.
Dave Wills, Chairman Webster County Board of Commissioners
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who on oath deposes and says that he is the Representative from District 133 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the

4296 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Stewart-WebsterJournal which is the official organ ofWebster County on February 6, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BOB HANNER Bob Manner Representative, District 133
Sworn to and subscribed before me, this 18th day of February, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
LONG COUNTY - JUDGE OF PROBATE COURT; NONPARTISAN ELECTION.
No. 274 (House Bill No. 584).
AN ACT
To provide that future elections for the office ofprobatejudge ofLong County shall be nonpartisan elections and provide for an election date; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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. All elections for the office of probate judge of Long County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. and shall be conducted at the time of the November general election immediately preceding the expiration of the term of such office. Such nonpartisan elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

____________GEORGIA LAWS 2003 SESSION__________4297
SECTION 2. Nothing in this Act shall affect the term of office of the probate judge of Long County in office on the effective date of this Act. The sitting probate judge shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.
SECTION 3. The governing authority of Long County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to provide that future elections for the office of probate judge of Long County shall be nonpartisan elections and provide for an election date; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hinson Mosley, who on oath deposes and says that he is the Representative from District 129, Post 1 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County on February 19,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ HINSON MOSLEY Hinson Mosley Representative, District 129, Post 1

4298 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 24th day of February, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
WAYNE COUNTY - JUDGE OF PROBATE COURT; CHIEF MAGISTRATE; NONPARTISAN ELECTIONS.
No. 275 (House Bill No. 587).
AN ACT
To provide that future elections for the office of probate judge of Wayne County and for the office of chief magistrate of Wayne County shall be nonpartisan elections held at the time of certain November general elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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. All elections for the office of probate judge of Wayne County and for the office of chief magistrate of Wayne County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. and shall be conducted at the November general election immediately preceding the expiration of the term of such respective office. Such nonpartisan elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. Nothing in this Act shall affect the term of office of the probate judge of Wayne County or chief magistrate of Wayne County in office on the effective date of this Act. The sitting probate judge and sitting chief magistrate shall serve out the respective terms of office for which such person was elected and shall be eligible to succeed himself or herself as provided in this Act.

____________GEORGIA LAWS 2003 SESSION__________4299
SECTION 3. The governing authority ofWayne County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to provide that future elections for the office of probate judge of Wayne County and for the office of chief magistrate of Wayne County shall be nonpartisan elections held at the time ofcertain November general elections; to provide for submission ofthis Act under the federal Voting Rights Act of 1956, as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hinson Mosley, who on oath deposes and says that he is the Representative from District 129, Post 1 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Press-Sentinel which is the official organ of Wayne County on February 19,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ HINSON MOSLEY Hinson Mosley Representative, District 129, Post 1
Sworn to and subscribed before me, this 24th day of February, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

4300 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
CITY OF DARIEN - MAYOR AND COUNCIL; ELECTION; DISTRICTS.
No. 277 (House Bill No. 637).
AN ACT
To amend an Act creating a new charter for the City of Darien, approved March 10, 1964 (Ga. L. 1964, p. 2708), as amended, particularly by an Act approved April 23, 1969 (Ga. L. 1969, p. 3372), so as to change the provisions regarding the election of the mayor and councilmembers; to provide for definitions; to provide for council districts and posts; to provide for municipal general elections, qualifications, and terms of office; to change the vacancy provisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the City of Darien, approved March 10, 1964 (Ga. L. 1964, p. 2708), as amended, particularly by an Act approved April 23,1969 (Ga. L. 1969, p. 3372), is amended by striking Sections 3 and 4 thereof and inserting in their place the following:
"SECTION 3. (a) The governing authority of the City of Darien shall be vested in a mayor and four councilmembers, sometimes referred to in this charter as 'councilman' or 'councilmen,' to be known as the mayor and council of the City of Darien. (b) The mayor and councilmembers who were serving as such on December 31, 2002, and any person selected to fill a vacancy in any such office, shall continue to serve in such office until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. Beginning with the municipal general election in 2003, and continuing thereafter, the four councilmembers shall be elected from council districts and numbered posts as provided in this section. For purposes of electing such councilmembers, the City of Darien is divided into two council districts, District 1 (formerly South Ward) and District 2 (formerly North Ward), and each such district shall have numbered Post 1 and Post 2. These districts shall be and correspond to those two numbered districts described in and attached to and made a part of this Act and

____________GEORGIA LAWS 2003 SESSION________4301
further identified as Plan Name: darienl Plan Type: Local User: staff Administrator: Darien. (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 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 the City of Darien 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 City of Darien 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 ofany council district, whenever the description ofsuch 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. (d) Municipal general elections for the City of Darien shall be conducted on the Tuesday next following the first Monday in November of each odd-numbered year. At the municipal general election in 2003 two councilmembers shall be elected from Council District 1, with the person receiving the highest number of votes serving in Post 1 and the person receiving the second highest number of votes serving in Post 2. At the municipal general election in 2003 two councilmembers shall be elected from Council District 2, with the person receiving the highest number of votes serving in Post 1 and the person receiving the second highest number of votes serving in Post 2. Persons first elected to Council District 1, Post 1, and Council District 2, Post 1, shall take office the first Thursday following the first Monday in January, 2004, and serve for initial terms of office of four years each and until their respective successors are elected and qualified. Persons first elected to Council District 1, Post 2, and Council District 2, Post 2, shall take office the first Thursday following the first Monday in January, 2004, and serve for initial terms of office of two years each and until their respective successors are elected and qualified. (e) Except as established under subsection (d) of this section, successors to councilmembers whose terms of office are to expire shall be elected at the municipal general election immediately preceding the expiration of such terms, shall take office the first Thursday following the first Monday in January immediately following that election, and shall serve for terms of four years each and until their respective successors are elected and qualified. Each person

4302 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
seeking election from a council district after the municipal general election in 2003 shall designate the current district and post for which that person seeks election. (f) At the municipal general election in 2003 and every four years thereafter, the mayor ofthe City ofDarien shall be elected by majority vote, shall take office the first Thursday following the first Monday in January immediately following such election, and shall serve for a term of office of four years and until a successor is elected and qualified. (g) The mayor and councilmembers shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (h) A person shall take and subscribe an oath to faithfully perform the duties of such person's office as mayor or councilmember before qualifying for such office.
SECTION 4. (a) No person shall be mayor or councilmember if that person is ineligible for such office pursuant to Code Section 45-2-1 ofthe O.C.G.A. or any other general law applicable to that office. (b) In order to be elected as a councilmember from a council district, a person must have resided in that district at least six months prior to that election and, if elected as a councilmember after the municipal general election in 2003, a person must receive a majority of votes cast for that office in that district only. Only electors who are residents of that council district may vote for a councilmember for that district. At the time of qualifying for election as a councilmember, each candidate for such office shall specify the council district and, after the 2003 municipal general election, the post for which that person is a candidate. A person elected or appointed as a member ofthe board from a council district must continue to reside in that district during that person's term of office or that office shall become vacant. (c) The mayor may reside anywhere within the City of Darien and, if elected, must receive a majority of votes cast for that office in the entire city. The mayor must continue to reside within the City of Darien during that person's term of office or that office shall become vacant. (d) No person shall be eligible to be elected or serve as mayor or councilmember unless such person is a qualified elector of the City of Darien.'
SECTION 2. Said Act is further amended by striking Section 6 thereof and inserting in its place the following:
"SECTION 6. Any vacancy in the office of mayor or councilmember which occurs for any reason, other than expiration of term, shall be filled by the election

____________GEORGIA LAWS 2003 SESSION__________4303
superintendent of the City of Darien calling a special election to fill such vacancy, as soon as permissible under general law. The person elected to fill such vacancy shall serve out the remainder of the unexpired term and until a successor is elected and qualified."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: darienl Plan Type: Local User: staff Administrator: Darien
Redistricting Plan Components Report
District 001 Mclntosh County
Tract: 9903 BG: 1 1025 1071 1072 1073 1074 1075 1076 1077 1078 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 BG:2 2021 2022 2038 2039 2040 2045 2046 2047 2048 BG:3 3012 3013 3014 3017 3018 3019 3020 3021 3022 3023 3024 3025 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
District 002 Mclntosh County
Tract: 9903 BG: 1 1026 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1079 1080 BG:2 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2041 2042 2043 2044 BG:3 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036
PUBLIC NOTICE
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend an Act creating a new Charter for the

4304 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
City of Darien, approved March 10, 1964 (GA. L. 1964, p. 2708), as amended, particularly by an Act approved April 23, 1969, (GA. L. 1969, p. 3372); and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Al Williams, who on oath deposes and says that he is the Representative from District 128 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Darien News which is the official organ of Mclntosh County on February 13, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ AL WILLIAMS Al Williams Representative, District 128
Sworn to and subscribed before me, this 28th day of February, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
COLUMBUS, GEORGIA - JUDGE OF PROBATE COURT; SALARY SUPPLEMENT.
No. 278 (House Bill No. 649).
AN ACT
To amend an Act providing that the governing authority of the county-wide government of Columbus, Georgia, shall be authorized to provide for salary supplements for certain officers, officials, and employees of the county-wide government, approved April 5, 1993 (Ga. L. 1993, p. 4849), as amended, so as to authorize such supplements for the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

____________GEORGIA LAWS 2003 SESSION__________4305
SECTION 1. An Act providing that the governing authority of the county-wide government of Columbus, Georgia, shall be authorized to provide for salary supplements for certain officers, officials, and employees ofthe county-wide government, approved April 5,1993 (Ga. L. 1993, p. 4849), as amended, is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows:
"SECTION 1. In addition to the salary provided by law for the following officers, officials, and employees of the county-wide government of Columbus, Georgia:
(1) Judges of the superior court; (2) Clerk of the superior court; (3) Sheriff; (4) Tax commissioner; (5) Coroner; (6) Judges of the state court; (7) Solicitor of the state court; (8) Judge of the probate court; (9) Judges of the Municipal Court of Columbus; (10) Clerk of the Municipal Court of Columbus; and (11) Marshal of the Municipal Court of Columbus, the governing authority of the county-wide government of Columbus, Georgia, shall be authorized to provide for a salary supplement for any or all of such officers, officials, and employees in such amounts as shall be determined by such governing authority. Any such supplements shall be payable in equal monthly installments from the funds of the county-wide government of Columbus, Georgia."
SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which its becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is give that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend 1993 Ga. Laws, page 4849, so as to add the Muscogee County Probate Court Judge to the list of local elected officials with salaries which may be supplemented by the Columbus Council.

4306 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 24th day of February, 2003.
Thomas B. Buck, III Representative 135th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who on oath deposes and says that he is the Representative from District 112 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ of Muscogee County on February 24, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ THOMAS B. BUCK, III Thomas B. Buck, III Representative, District 112
Sworn to and subscribed before me, this 3rd day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
CITY OF SMITHVILLE - MAYOR AND COUNCIL; TERMS OF OFFICE.
No. 279 (House Bill No. 650).
AN ACT
To amend an Act entitled "An Act providing a new charter for the City of Smithville," approved February 11, 1977 (Ga. L. 1977, p. 2510), as amended, particularly by an Act approved April 15, 1992 (Ga. L. 1992, p. 6289), so as to provide for four-year staggered terms for the mayor and city councilmembers; to provide for persons currently serving in such offices; to provide for initial terms; to provide for submission under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.

____________GEORGIA LAWS 2003 SESSION__________4307
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act providing a new charter for the City of Smithville," approved February 11,1977 (Ga. L. 1977, p. 2510), as amended, particularly by an Act approved April 15,1992 (Ga. L. 1992, p. 6289), is amended by striking in their entirety subsections (c), (d), (e), and (f) and inserting in lieu thereof the following:
"(c) The mayor and councilmembers in office on January 1, 2004, and any person selected to fill a vacancy in such office shall continue to serve out their terms of office and until their respective successors are elected and qualified.
(d)(l) Two successors to those councilmembers representing Ward 1 and Ward 2, whose terms of office are to expire in 2004, shall be elected at the general municipal election on the Tuesday next following the first Monday in November, 2004, for initial terms of office expiring December 31, 2007, and until their respective successors are elected and qualified. (2) Two successors to those councilmembers representing Ward 3 and Ward 4, whose terms of office are to expire in 2004, shall be elected at the general municipal election on the Tuesday next following the first Monday in November, 2004, for initial terms of office expiring December 31, 2005, and until their respective successors are elected and qualified. (3) After the initial terms of office specified in paragraphs (1) and (2) of this subsection, successors to councilmembers whose terms of office are to expire shall be elected at the general municipal election on the Tuesday next following the first Monday in November immediately preceding the expiration of such terms and serve for terms of office of four years each and until their respective successors are elected and qualified. (e)(l) At the general municipal election on the Tuesday next following the first Monday in November of 2004, the mayor shall be elected for an initial term of office expiring December 31,2007, and until a successor is elected and qualified. (2) After the initial term ofoffice specified in paragraph (1) ofthis subsection, a successor to the mayor whose term of office is to expire shall be elected at the general election on the Tuesday next following the first Monday in November immediately preceding the expiration of such term and serve for a term of office of four years and until a successor is elected and qualified. (3) The mayor shall be elected by a majority vote of the voters voting on a city-wide basis."
SECTION 2. The governing authority of Smithville shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on

4308 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. (a) Section 1 of this Act shall become effective on January 1, 2004. (b) All other sections of this Act shall become effective upon approval of this Act 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 2003 session of the General Assembly of Georgia a bill to amend the charter of the city of Smithville, to provide for four-year terms of office for the Mayor and members of the City Council commencing with the General Municipal Election to be held on the Tuesday next following the first Monday in November of 2004; and upon preclearance by the United States Justice Department; and for other purposes.
This day of 2003.
Mayor and City Council, City of Smithville
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Manner, who on oath deposes and says that he is the Representative from District 133 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Lee County Ledger which is the official organ of Lee County on February 6, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BOB MANNER Bob Manner Representative, District 133
Sworn to and subscribed before me, this 25th day of February, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

____________GEORGIA LAWS 2003 SESSION__________4309
My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
POLK COUNTY - BOARD OF EDUCATION; AT-LARGE ELECTIONS; REFERENDUM.
No. 280 (House Bill No. 652).
AN ACT
To amend an Act providing for a new board of education of Polk County approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, so as to provide for the election of members of the board of education by the voters ofthe entire county; to provide for related matters; to provide for a referendum; to provide for submission for preclearance; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a new board ofeducation ofPolk County approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
"SECTION 2. There shall be one member of the board elected from each education district. A person may not offer as a candidate for election to the board from any education district other than the education district in which he or she is a legal resident. The board member representing each education district shall be elected by a majority vote of the registered voters of the entire county casting ballots in an election. In the event a member moves his or her residence from the education district that the member represents, a vacancy shall be created."
SECTION 2. Unless otherwise prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Polk County shall call and conduct an election on the date of the 2004 Presidential Preference Primary as provided in this section for the purpose of submitting this Act to the electors of Polk County for approval or rejection; provided, however, that, if a county-wide referendum for Polk County is held prior to such Presidential Preference Primary, the election superintendent of Polk County shall call and conduct an election on the same date as such

4310 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
county-wide referendum for the purpose of submitting this Act to the electors of Polk County for approval or rejection. The election superintendent shall issue the call and conduct such 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 Polk County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which changes the manner of electing members ofthe Board ofEducation ofthe Polk School District from
NO ( ) district elections to county-wide elections?" All persons desiring to vote for approval ofthe Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for the approval of the Act, Section 1 shall become of full force and effect on April 1,2004. If the Act is not approved or if the election is not conducted as provided in this section, Section 1 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 Polk School District. It shall be the duty ofthe election superintendent of Polk County to certify the results thereof to the Secretary of State.
SECTION 3. The Board of Education of the Polk School District shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the 2003 regular session of the General Assembly of Georgia legislation to amend an Act providing new election district boundary lines for the board ofEducation ofPolk 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 change the manner in

____________GEORGIA LAWS 2003 SESSION__________4311
which the citizens ofPolk County vote for members ofthe Board ofEducation from district wide voting to county wide voting.
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 District 19 and further deposes and says 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 February 20,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BILL CUMMINGS Bill Cummings Representative, District 19
Sworn to and subscribed before me, this 28th day of February, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
SPALDING COUNTY - BOARD OF ELECTIONS; CHANGE NAME TO BOARD OF ELECTIONS AND REGISTRATION; VOTER REGISTRATION; POLL WORKERS; EMPLOYEES; COMPENSATION AND EXPENDITURES; RULES AND REGULATIONS.
No. 281 (House Bill No. 657).
AN ACT
To amend an Act to provide a board of elections for Spalding County, approved March 19, 1987 (Ga. L. 1987, p. 4432), so as to change the board of elections to a board of elections and registration; to change the name of such board; to provide that the board shall have the powers and duties ofthe board ofregistrars; 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

4312 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the board of elections and registration; to provide for the selection and training of poll workers; to abolish the board of registrars; to provide f or an elections supervisor and the powers and duties ofsuch elections supervisor; to provide for the employment of additional full-time and part-time employees; to delete obsolete provisions regarding the duties of the board; to provide for expenditures of public funds for certain purposes; to provide for compensation of the members of the board, elections supervisor, and clerical and other employees; to provide for offices, furniture, and equipment; to provide for the promulgation of certain rules and regulations by the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to provide a board of elections for Spalding County, approved March 19, 1987 (Ga. L. 1987, p. 4432), is amended by striking Section 1 of the Act and inserting in lieu thereof a new Section 1 to read as follows:
"SECTION 1. There is created a board of elections and registration for Spalding County which shall have jurisdiction over the conduct of primaries and elections and voter registration in such county."
SECTION 2. Said Act is further amended by striking Section 2 of the Act and inserting in lieu thereof a new Section 2 to read as follows:
"SECTION 2. The board of elections and registration shall be composed of five members, each of whom shall be at least 21 years of age and an elector of Spalding County and each of whom shall be appointed as provided in this Act. Two members shall be appointed by the chairperson of the county executive committee of the political party whose candidates at the last preceding general election received the largest number of votes in this state for members of the General Assembly. Two members shall be appointed by the chairperson of the county executive committee of the political party whose candidates at such election received the next largest number of votes. The fifth member of the board shall be selected by the other four members of the board. Each of the appointments by political parties shall be made and certified as follows: The member shall be nominated by the chairperson and ratified by the county executive committee of each of the above-designated political parties at least 40 days before the beginning of the term of office, or within 40 days after the creation of a vacancy in the office, and the certification of the appointment of each member shall be made by the executive committee filing an affidavit with the clerk of the superior court no

____________GEORGIA LAWS 2003 SESSION__________4313
later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The selection and appointment of the fifth member of the board shall be made at least 30 days before the beginning of his or her term of office, or within 30 days after the creation of a vacancy in the office, and certification of the appointment of such member shall be made by any of the other members of the board filing an affidavit with the clerk of superior court no later than 20 days preceding the date on which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly selected and appointed as provided in this Act. If the appointment of any such member of the board of elections and registration is not made and certified as provided in this Act, such member shall be appointed forthwith by the governing authority of Spalding County and, within five days after such appointment, certification thereof shall be made by any member of the governing authority filing an affidavit with the clerk of superior court stating the name and residential address of the person appointed and certifying that such member has been duly selected and appointed as provided in this Act."
SECTION 3. Said Act is further amended by striking Section 4 of the Act and inserting in lieu thereof a new Section 4 to read as follows:
"SECTION 4. No person who holds an elective public office shall be eligible to serve as a member of the board of elections and registration during the term of his or her elective office, and the position ofany member shall be deemed vacant upon such member qualifying as a candidate in any primary or election for public office. No person shall be eligible to serve as a member of the board of elections and registration while holding any public office to which he or she was appointed or while he or she is a salaried employee of the governing authority of Spalding County or of any municipality within the county or of any board of education or commission, board, or authority appointed by the governing authority of the county or any municipality within the county, except that members of the board of elections and registration shall be eligible for reappointment."
SECTION 4. Said Act is further amended by striking Section 6 of the Act and inserting in lieu thereof a new Section 6 to read as follows:
"SECTION 6. Each member of the board of elections and registration shall be eligible to succeed himself or herself and shall have the right to resign at any time by giving written notice of his or her resignation to the appointing body and to the clerk of

4314 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
superior court. Each member shall be subject to removal from the board at any time for cause, after notice and hearing, in the same manner and by the same authority as provided for the removal of registrars.'
SECTION 5. Said Act is further amended by striking Section 9 of the Act and inserting in lieu thereof a new Section 9 to read as follows:
"SECTION 9. The board of elections and registration shall:
(1) With regard to the preparation for, conduct, and administration ofprimaries and elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code'; (2) With regard to voter registration, succeed to and exercise all duties and powers granted to and incumbent upon the board of registrars pursuant to Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code'; and (3) Formulate, adopt, and promulgate rules and regulations, consistent with law, governing the conduct of primaries and elections and voter registration."
SECTION 6. Said Act is further amended by striking Section 10 and inserting in lieu thereof a new Section 10 to read as follows:
"SECTION 10. The board shall be responsible for the selection, appointment, and training of all poll workers in elections and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party."
SECTION 7. Said Act is further amended by adding a new Section 11A to read as follows:
"SECTION 11 A. On July 1,2003, the board of registrars of Spalding 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, 2003, 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 Spalding County shall be abolished."

____________GEORGIA LAWS 2003 SESSION__________4315
SECTION 8. Said Act is further amended by striking Section 12 of the Act and inserting in lieu thereof a new Section 12 to read as follows:
'SECTION 12. (a) There shall be an administrative director, to be known as the elections supervisor, to administer and supervise conduct of elections, primaries, and registration ofelectors for the county who shall serve at the pleasure ofthe board. The board shall act within 60 days of the effective date of this Act, or of the date of any vacancy in such position, to submit one to three names of qualified individuals to the county manager who shall retain or appoint an elections supervisor from a job description drawn by said board. (b) In the event the board fails to submit such names of qualified individuals to the county manager to appoint or retain an elections supervisor to fill a vacancy in the position of elections supervisor within the time specified in subsection (a) of this section, an acting elections supervisor who shall fill temporarily such vacancy shall be appointed by the county manager to serve until the board provides such names to the county manager to fill the vacancy. (c) Compensation for the elections supervisor shall be set by the board consistent with the budget of the board approved by the governing authority of Spalding County. Such compensation shall be paid wholly from county funds. (d) The board shall be authorized to employ such full-time and part-time employees as the board shall deem necessary consistent with the budget of the board approved by the governing authority of Spalding County.*
SECTION 9. Said Act is further amended by striking Section 13 of the Act and inserting in lieu thereof a new Section 13 to read as follows:
'SECTION 13. The chairperson of the board of elections and registration shall receive $120.00 per month in compensation for performing the duties of such office. The other members of the board of elections and registration shall receive $100.00 per month in compensation for performing the duties of such office. Compensation for the clerical assistants and other employees shall be set by the board consistent with the budget of the board approved by the governing authority of Spalding County. Such compensation shall be paid wholly from county funds."
SECTION 10. Said Act is further amended by striking Section 14 of the Act and inserting in lieu thereof a new Section 14 to read as follows:

4316 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"SECTION 14. The governing authority of Spalding County shall provide the board with such proper and suitable offices, furniture, and equipment as the governing authority shall deem appropriate."
SECTION 11. This Act shall become effective on July 1, 2003; except that Section 8 of this Act shall become effective upon approval by the Governor or upon this Act becoming law without such approval.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that legislation will be introduced at the 2003 regular session of the General Assembly of Georgia to amend an Act to provide a board of elections for Spalding County, approved March 19, 1987 (Ga. L. 1987, p. 4432), so as to change the board of elections to a board of elections and registration; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 11th day of February, 2003.
John Yates State Representative, 'District 85 February 14, 2003.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Yates, who on oath deposes and says that he is the Representative from District 85, Post 1 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County on February 14, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHN YATES John Yates Representative, District 85, Post 1

___________GEORGIA LAWS 2003 SESSION__________4317
Sworn to and subscribed before me, this 18th day of February, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
TROUP COUNTY - BOARD OF EDUCATION; CORRECTION OF ERROR; NONPARTISAN ELECTIONS.
No. 282 (House Bill No. 660).
AN ACT
To amend an Act providing a board of education of Troup County, approved January 1, 1986 (Ga. L. 1986, p. 3515), as amended, particularly by an Act approved March 18, 2002 (Ga. L. 2002, p. 3600), so as to correct a technical error and omissions in said 2002 amendatory Act; to provide that all members of the board who are elected thereto shall be nominated and elected in accordance with the Georgia Election Code in nonpartisan primaries and elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a board ofeducation ofTroup County, approved January 1,1986 (Ga. L. 1986, p. 3515), as amended, particularly by an Act approved March 18, 2002 (Ga. L. 2002, p. 3600), is amended by striking subsection (c) of Section 4 and inserting in its place a new subsection (c) to read as follows:
"(c) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' in nonpartisan primaries and elections as provided in Code Section 21-2-139 of the O.C.G.A."
SECTION 2. The purpose of this Act is to replace language that was unintentionally and erroneously omitted from the amendatory Act, providing a board of education of Troup County, approved March 18, 2002 (Ga. L. 2002, p. 3600). It was the intention ofthe 2002 Act to revise district lines only and not the method ofelection.

4318 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. This Act is intended, to the maximum extent possible, to ratify and confirm any election previously held in conformity with the provisions 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
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend and correct technical errors and omissions in an Act providing a Board of Education of Troup County, approved January 1, 1986 (Ga. L. 1986, p. 3515), as amended; particularly by an Act approved March 18, 2002 (Ga. L. 2002, p. 3600), and for other purposes.
This 19th day of February, 2003.
Representative Jeff Brown 89th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Brown, who on oath deposes and says that he is the Representative from District 89 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County on February 21,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JEFF BROWN Jeff Brown Representative, District 89
Sworn to and subscribed before me, this 3rd day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.

____________GEORGIA LAWS 2003 SESSION__________4319
TOWN OF BRASELTON - NEW CHARTER.
No. 283 (House Bill No. 663).
AN ACT
To provide a new charter for the Town of Braselton; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a town 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 town attorney, a town clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right 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 contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
The town and the inhabitants thereof are constituted and declared a body politic and municipal corporation under the name and style Town of Braselton, Georgia, and by that name shall have perpetual succession.

4320 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1.11. Corporate boundaries.
(a) The boundaries of the town shall be those existing on the date this charter becomes effective in 2003, with such alterations as may be made from time to time in the manner provided by law. The boundaries of this town at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the town clerk and to be designated, as the case may be: "Official Map of the corporate limits of the Town of Braselton, Georgia." Photographic, typed, or other copies of such map or description certified by the town clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. Any subsequent annexation, deannexation, or modification in the corporate boundaries as contemplated in subsection (b) of this section shall be given full force and effect as if fully set forth in the "Official Map of the corporate limits of the Town of Braselton." (b) The town council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Powers and construction.
(a) The town shall have all powers possible for a town to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. The town shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of the town shall be construed liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the town.
SECTION 1.13. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

____________GEORGIA LAWS 2003 SESSION__________4321
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. Town council creation; number; election.
The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and four councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter.
SECTION 2.11. Town council terms and qualifications for office.
The members of the town council elected pursuant to this charter shall serve for terms of four years and until their respective successors are elected and qualified unless otherwise provided by law. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the town at least 180 days prior to the date of qualifying for mayor or councilmember; each shall continue to reside therein during his or her period of service and to be registered and qualified to vote in municipal elections of this town.
SECTION 2.12. Council districts, elections, and terms of office.
(a) Council districts. For the purpose of electing town councilmembers, the Town of Braselton shall divided into four voting districts, with one town councilmember elected from each district. The mayor shall be elected from the town at large. (b) Boundaries. The boundaries of Voting Districts 1,2,3, and 4 shall be the same boundaries as provided for those respectively numbered districts as set forth in that certain map prepared for the town by the University of Georgia Reapportionment Office, dated May 30, 2001, which map constitutes the "Official Voting District Map of the Town of Braselton," as adopted on May 30, 2001, and approved by the United States Department of Justice. That map is maintained as an official record by the town clerk and is hereby incorporated by reference as a part of this charter as if fully set forth in this charter. The town shall reapportion such districts as necessary and in conjunction with the successive census in compliance with state and federal law. (c) Elections. The election of the mayor and town councilmembers shall be decided by majority of votes cast. In the event no candidate receives a majority of the votes cast for a particular office, a run-off election shall be held as provided by law between the two candidates receiving the highest number of votes for such office. The candidate receiving a majority of the votes cast in such run-off election shall be declared the winner. Only a resident of a particular council voting district

4322 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
may qualify for election from such district and shall be elected by a majority of the voters voting only in such district, and each town councilmember shall continue to reside in the district from which he or she was elected during his or her term of office. The mayor shall be a resident of the Town of Braselton. Any town councilmember who moves his or her residence from the district from which he or she was elected shall be deemed to have vacated his or her office. There shall be no primary elections for mayor and town councilmembers in the Town of Braselton and elections for mayor and town councilmembers shall be nonpartisan. (d) Terms of office. All town councilmembers and the mayor elected pursuant to this charter shall serve a term of office of four years and until their respective successors are elected and qualified.
SECTION 2.13. Vacancy; filling of vacancies.
(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in Section 5.12 of this charter.
SECTION 2.14. Compensation and expenses.
The mayor and each councilmember shall continue to receive the compensation which was in effect for said officials on the effective date of this charter. Changes in such compensation shall be accomplished pursuant to the provisions of Code Section 36-35-4 of the O.C.G.A.
SECTION 2.15. Conflicts of interest; holding other offices.
(a) Conflict of interest. No elected official, appointed officer, or employee of the town or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties;

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(3) Disclose confidential information concerning the property, government, or affairs ofthe governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this town or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the town shall disclose such private interest to the town council. The mayor or any councilmember who has a private interest in any matter pending before the town council shall disclose such private interest and such disclosure shall be entered on the records ofthe town council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) Use ofpublic property. No elected official, appointed officer, or employee of the town or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies p romulgated by the town council or the governing body of such agency or entity. (d) Contracts voidable or rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the town council. (e) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the town or otherwise be employed by said government or any agency hereof during the term for which he or she was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the town until one year after the expiration of the term for which he or she was elected. (f) Political activities ofcertain officers and employees. No appointive officer and no employee of the town shall continue in such employment upon qualifying as a candidate for nomination or election to any public office.

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(g) Penalties for violations. (1) Any employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position. (2) Any employee of the town who shall forfeit his or her office or position as described in paragraph (1) ofthis subsection shall be ineligible for appointment or election to or employment in a position in the town government for a period of three years thereafter.
SECTION 2.16. Inquiries and investigations.
The town council may make inquiries and investigations into the affairs ofthe town and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the town council shall be punished as provided by ordinance.
SECTION 2.17. General power and authority of the town council.
Except as otherwise provided by this charter, the town council shall be vested with all the powers of government of this town as provided by Article I of this charter.
SECTION 2.18. Organizational meetings.
The town council shall hold an organizational meeting on the first business day of January, or as otherwise practical, of each year. The meeting shall be called to order and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of the Town of Braselton and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. So Help Me God."
SECTION 2.19. Regular and special meetings.
(a) The town council shall hold regular meetings at such times and places as prescribed by ordinance.

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(b) Special meetings of the town council may be held on call of the mayor or three members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance ofthe meeting. Such notice to councilmembers shall not be required ifthe mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice of any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting.
SECTION 2.20. Rules of procedure.
(a) The town council shall adopt its rules of procedure and order of business consistent with the provisions of this charter. (b) All committees and committee chairpersons shall be appointed by the mayor and shall serve at his or her pleasure. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum; voting.
Three councilmembers or two councilmembers and the mayor shall constitute a quorum and shall be authorized to transact business ofthe town council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the minutes but any member of the town council shall have the right to request a roll-call vote and such vote shall be recorded in the minutes. Except as otherwise provided in this charter, the affirmative vote of three councilmembers or the mayor and two councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 2.22. Ordinance form; procedures.
(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain any subject which is not expressed in its title. The enacting clause shall be "The Mayor and Council of the Town of Braselton hereby ordains ..." and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or any councilmember and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which it shall establish; provided, however, that an ordinance may be adopted the same day it is introduced. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and

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shall file a reasonable number of copies in the office of the clerk and at such other public places as the town council may designate.
SECTION 2.23. Action requiring an ordinance.
Acts of the town council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.24. Emergencies.
To meet a public emergency affecting life, health, property, or public peace the town council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers or the mayor and two councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance also be repealed by adoption of a repealing ordinance in the same manner specified herein for adoption of emergency ordinances.
SECTION 2.25. Codes of technical regulations.
(a) The town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally, except that:
(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and

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(2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code oftechnical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The town council shall provide for the preparation of a general codification of all the ordinances of the town having the force and effect of law. The general codification shall be adopted by the town council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the town council may specify. This compilation shall be known and cited officially as "The Code of the Town of Braselton, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the town and made available for purchase by the public at a reasonable price as fixed by the town council. (c) The town council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the town council. Following publication 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 town council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.27. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four years and until his or her successor is elected and qualified. He or she shall be a qualified elector of this town and shall have been a resident of the town for at least 180 days preceding his or her qualification for office. He or she shall continue to reside in this town during the period ofhis service. The compensation ofthe mayor shall be established in the same manner as for councilmembers.

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SECTION 2.28. Mayor pro tempore.
At the organizational meeting, by a majority vote, the town council shall elect a councilmember to serve as mayor pro tempore for that ensuing year. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence. Any such disability or absence shall be declared by a majority vote of the town council.
SECTION 2.29. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the town council; (2) Be at the head of the town for the purpose of service of process and for ceremonial purposes and be the official spokesman for the town and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the town all written and approved contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; (5) Vote on matters before the town council, make a respective motion, and be counted toward a quorum as any other councilmember; and (6) Fulfill such other duties as the town council shall by ordinance establish.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the town council by ordinance shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the town, as necessary for the proper administration of the affairs and government of this town. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinances or as duly approved by the town council. (d) There shall be an individual who shall be the director, supervisor, or department head, or other title as designated, of each department or agency who shall be its principal officer. This person, along with the police chief and town clerk, shall be subject to the direction and supervision ofthe town manager, and be responsible for

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the administration and direction of the affairs and operations of the department or agency. (e) With the exception of the police chief, the town manager shall appoint and hire all employees of the town to fill designated or approved positions. The town manager shall recommend the appointment and hiring of the police chief but said individual shall be approved only by a vote of the town council. (f) The town manager may reprimand, suspend, or remove any employee under his or her supervision; provided, however, that such employee shall enjoy any right of appeal to the town council as set forth or defined by the town's personnel policies. If discipline of the police chief leads to a recommendation of dismissal or suspension, the town manager must seek approval by a vote of three councilmembers.
SECTION 3.11. Boards, commissions, and authorities.
(a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the town council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the town shall be appointed by the town council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The town council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the town. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law or ordinance. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the town an oath obligating himself or herself to perform faithfully and impartially the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the town council, (h) Except as otherwise provided by this charter or by law or ordinance, each board, commission, or authority of the town shall elect one of its members as chairperson and one member as vice chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the town. The town council may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the town, or law, as it deems appropriate and necessary for

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the fulfillment of the duties or the conduct of each board, commission, or authority's affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the town.
SECTION 3.12. Town attorney.
The town council shall appoint a town attorney and shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party, shall be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the town council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs, and shall perform such other duties as may be required of him or her by virtue of his or her position as town attorney.
SECTION 3.13. Town clerk.
The town council shall appoint a town clerk who shall not be a councilmember. The town clerk shall be custodian of the official town seal, maintain town council records required by this charter, and perform such other duties as may be required by the town council. The town clerk's duties and responsibilities may be further defined or provided by a class specification orjob description and shall include any other duties that may be assigned by the town manager.
SECTION 3.14. Town treasurer/financial officer.
The town council shall appoint a town treasurer/financial officer to collect all taxes, licenses, fees, and other moneys belonging to the town subject to the provisions of this charter and the ordinances of the town and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the town. The town treasurer/financial officer shall also be responsible for the general duties of a treasurer and fiscal officer.
SECTION 3.15. Town auditor.
The town council may appoint a town auditor to perform the duties of an auditor.

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SECTION 3.16. Town manager.
(a) The town council shall appoint a town manager who shall be the chief administrative officer of the town and manage and direct the daily operations of the town government in accordance with local ordinances, bylaws, and with policies prescribed by the town council. The town manager shall direct the administrative activities of the town; act as focal point for strategic planning, programming, and budgeting; supervise all town employees; serve as a liaison among the town staff and governing body; assist the general public; and serve on any boards or committees. (b) The town manager shall specifically:
(1) Discipline, suspend, or remove all employees, excluding the police chief, as further provided by this charter or state law. The manager may designate said authority to the head of a department or office regarding their subordinates; (2) Appoint and hire, when necessary for the good of the town, all employees to fill a vacancy or approved position, provided that the town council shall appoint and hire the police chief. The town manager shall make a recommendation regarding such position; (3) Prepare the annual operating and capital budget and any other budget and submit same to the town council and be responsible for administration of same; (4) Prepare and submit to the town council, as of the end of the fiscal year, a complete report on the finances and administrative activities ofthe town for the preceding year; (5) See that all laws, ordinances, and policies are duly enforced; and (6) Perform other such duties as may be required by the town council, not inconsistent with the town charter, law, or ordinances. (c) The town manager's duties and responsibilities may be further defined or provided by a class specification or job description or as assigned or designated by the town council. (d) The town manager shall serve at the pleasure of the town council and may be suspended or removed by a vote of three councilmembers.
SECTION 3.17. Position classification and pay plans.
The town manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the town council for approval. Such plan may apply to all employees of the town and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the town council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed town officials are not town employees.

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SECTION 3.18. Personnel policies.
The town council shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the Town of Braselton.
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) All judges shall be appointed by the town council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Before assuming office, each judge shall take an oath, given by the mayor, that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability and without fear, favor, or partiality.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by the court.

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SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all town ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt and to impose any penalty allowed under state law. (c) The municipal court may fix punishment for offenses within its jurisdiction and may fix punishment by fine, imprisonment, or alternative sentencing as to not exceed an amount or length as now or hereafter provided by state law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost ofoperation and shall be entitled to reimbursement ofthe actual cost of meals, transportation, and caretaking of prisoners bound over to superior and state courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the town, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Jackson County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval ofthe town council, thejudge 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.

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ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Nonpartisan elections.
Political parties shall not conduct primaries for town offices and all names of candidates for town offices shall be listed without party designations.
SECTION 5.11. Municipal general elections.
(a) There shall be a municipal general election biennially in the odd-numbered years on the Tuesday next following the first Monday in November. (b) Those persons serving as councilmembers and mayor on the date this charter becomes effective in 2003, and any person selected to fill a vacancy in such office, shall continue to serve out their terms of office and until their respective successors are elected and qualified. Successors to councilmembers from Council Districts 1 and 3 shall be elected at the municipal general election in 2003 and at every other municipal general election thereafter. Successors to the mayor and councilmembers from Council Districts 2 and 4 shall be elected at the municipal general election in 2005 and at every other municipal general election thereafter. Terms of office for those officers shall begin at the first organizational meeting provided for under Section 2.18 of this charter immediately following those officers' respective elections.
SECTION 5.12. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the town council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within six months of the expiration of the term of that office, such office shall remain vacant until filled at the municipal general election occurring within those six months. 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."
SECTION 5.13. Other provisions.
Except as otherwise provided by this charter, the town council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

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ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the town government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the town council in its discretion.
SECTION 6.11. Millage rate; due dates; payment methods.
The town council by ordinance shall establish a millage rate for the town property taxes, a due date, and the time period within which these taxes must be paid. The town council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The town council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The town council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory fees; permits.
The town council by ordinance shall have the power to require businesses or practitioners doing business within this town to obtain a permit for such activity from the town and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the town of regulating the activity, and ifunpaid, shall be collected as provided in Section 6.18 ofthis charter.

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SECTION 6.14. Franchises.
(a) The town council shall have the power to grant franchises for the use of this town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The town council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by the town clerk. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the town council has the authority to impose a tax on gross receipts for the use of this town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The town council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate limits of the town for the total cost to the town of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Construction; other taxes.
This town shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this town to govern its local affairs.
SECTION 6.17. Collection of delinquent taxes and fees.
The town council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under this article by whatever

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reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking town permits for failure to pay any town taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.18. General obligation bonds.
The town council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.19. Revenue bonds.
Revenue bonds may be issued by the town council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.20. Fiscal year.
The town council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the town government.
SECTION 6.21. Contracting procedures.
No contract with the town shall be binding on the town unless: (1) It is in writing; and (2) It is drawn or submitted and reviewed by the town attorney and, as a matter of course, is signed by him or her to indicate such drafting or review.

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ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees ofthis town, both elective and appointive, shall execute such surety bonds in such amounts and upon such terms and conditions as the town council shall from time to time require by ordinance or as may be provided by law.
SECTION7.il. Existing ordinances, resolutions, rules, and regulations.
Existing ordinances, resolutions, rules, and regulations now in force in the town not in conflict with this charter shall continue in force, unless repealed or amended.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the town and their rights, privileges, and powers shall continue beyond the time this charter takes effect until changed pursuant to this charter.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such town agencies, personnel, or offices as may be provided by the town council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) The phrase "town council" shall denote the governing body of the Town of Braselton which comprises four councilmembers and a mayor. Unless otherwise specified, all votes and actions taken by the governing body of the town shall consist of and include the four councilmembers and the mayor.

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SECTION 7.15. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7.16. Specific repealer.
An Act incorporating the Town of Braselton, approved August 8,1916, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety; provided, however, that those laws found at Ga. L. 1974, p. 3142; Ga. L. 1983, p. 4865; and Ga. L. 1999, p. 4712 shall remain in full force and effect as provided in such laws, ordinances, and regulations. All other laws and parts of laws in conflict with this charter are repealed.
SECTION 7.17. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Pursuant to Article III, Sec. V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. Sec. 28-1-14, notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia local legislation to create a new charter for the Town of Braselton; to provide for the incorporation of the Town of Braselton; to provide for the corporate limits; to provide for the corporate powers; to provide for a Mayor and Town Council; to provide for a Town Manager; to provide for elections; to provide for organization and personnel; to provide for fiscal administration; to provide for all or any matter relative to the foregoing; to repeal an Act to incorporate the Town of Braselton, as adopted on August 21,1916; to repeal conflicting laws; and for other purposes. In accordance with O.C.G.A. Sec. 28-1-14 a copy of the proposed local bill is being provided to the respective governing authorities at the time this notice is being published.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Warren Massey, who on oath deposes and says that he is the Representative from District 24 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Barrow

4340 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County News which is the official organ of Barrow County on January 15, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ WARREN MASSEY Warren Massey Representative, District 24
Sworn to and subscribed before me, this 3rd day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
LOWNDES COUNTY - BOARD OF EDUCATION; DISTRICTS.
No. 284 (House Bill No. 665).
AN ACT
To amend an Act providing for the number of members and for the election of members of the Board of Education of Lowndes County, approved April 13, 1992 (Ga. L. 1992, p. 5827), 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 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 repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the number of members and for the election of members of the Board of Education of Lowndes County, approved April 13,1992(Ga.L. 1992, p. 5827), is amended by striking Section 1 and inserting a new Section 1 to read as follows:
"SECTION 1. (a) The Board of Education of Lowndes County, referred to in this Act as the 'board,' shall be composed of seven members to be elected as provided for in this

_____________GEORGIA LAWS 2003 SESSION__________4341
Act. For the purpose of electing members of the board, the Lowndes County School District shall be divided into seven education districts which shall correspond to those seven numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: Iowndessb2r Plan Type: Local User: Gina Administrator: Lowndes 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 Lowndes County not included in any such district described in that attachment shall be included within that district contiguous to such part that contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Lowndes County 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 that 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) No territory within the territorial boundaries of any independent school district shall be included within the boundaries of any of said educational districts."
SECTION 2. Said Act is further amended by striking Section 3 and inserting in lieu thereof a new Section 3 to read as follows:
'SECTION 3. (a) The first members of the reconstituted Board of Education of Lowndes County from Education Districts 1, 2, and 3 shall be elected at the nonpartisan general election held in conjunction with the state-wide general primary in 2006. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (b) The first members of the reconstituted Board of Education of Lowndes County from Education Districts 4,5,6, and 7 shall be elected at the nonpartisan general election held in conjunction with the state-wide general primary 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.

4342 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Successors to members elected under subsections (a) and (b) of this section shall be elected at the nonpartisan general election held in conjunction with the state-wide general primary 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. (d) Education Districts 1, 2, 3,4, 5, 6, and 7 as they existed on January 1, 2003, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, and 7, 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. The Board of Education of Lowndes County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
PlanName: Iowndessb2r Plan Type: Local User: Gina Administrator: Lowndes Co.
Redistricting Plan Components Report
District 001 Lowndes County
Tract: 101.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1029 1030 1031 1032 1033 BG:2 2000 2001 2023 Tract: 101.02 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 1041 1042 1043 1044 1045 1046 1047 1048 BG:2 20002001200820142015

____________GEORGIA LAWS 2003 SESSION__________4343
District 002 Lowndes County
Tract: 101.01 BG: 1 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1999 BG:2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 201420152016 Tract: 102.01 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 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1999 BG:2 Tract: 102.02 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 1030 1032 1033 1034 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1995 1996 1997 1998 1999 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2023 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2056 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2082 2086 2087 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 3058 3059 3060 3061 3062 3065 3066 3067 BG:4 4002 4003 4004 4005 4006 4007 4011 4012 4013 4016 4017 4018 4019 4027 4028 4029 4030 4031 4033 4034 4035 4036 4037 4038
District 003 Lowndes County
Tract: 108 BG: 1

4344 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1012 BG:5 5000 5003 5004 5005 5006 5007 5008 5009 5016 5028 5029 5030 5035 5039 Tract: 109 BG: 1 1000 1003 1004 1005 1006 1007 1008 1009 1010 1013 1014 1015 1017 1018 1022 1026 1027 1028 1029 1030 1031 1035 1037 1040 BG:2 2005 2006 2007 2008 2010 2012 2013 2016 2017 2018 2021 BG:3 3006 3007 Tract: 112 BG: 1 1016 1017 1019 BG:2 2006 2007 Tract: 113.01 BG: 1 1002 1003 1005 1006 1007 1011 1013 1016 1017 1020 1021 1022 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 20122014 BG:3 3003 3004 3005 3006 3010 3011 3012 3013 3014 3015 3016 Tract: 114.01 BG: 1 1007 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 BG:2 20042011 Tract: 114.02 BG: 1 1017 1018 1023 1025 1026 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1043 BG:2 2000 2007 2008 2009 2010 2012 2013 2014 2015 2017 2019 2031 2032 2039 2999 BG:3 3007 3008 3009 3011 3012 3045 3046 3048 3998 Tract: 114.03 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 2029 2030

___________GEORGIA LAWS 2003 SESSION__________4345
BG:3 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 3044 3051 3052 3053 3054 3055
District 004 Lowndes County
Tract: 106.03 BG:2 2004201620172018 Tract: 107 BG: 1 BG:2 2000 2001 2002 2003 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 2032 2033 2034 2035 2036 2037 2039 2040 2041 2042 2043 2044 2045 2046 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2072 BG:3 Tract: 108 BG: 1 1000 1001 1004 1005 1008 1009 1010 1011 1016 1018 1019 1020 BG:4 401040144015 BG:6 6000 6002 6003 6004 6005 6006 6008 6009 6010 6011 6012 6013 60196024602560266027 Tract: 115 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2024 2025 2026 2027 2045 2046 2047 2048 2049 BG:3 3000 3001 3013 BG:4 Tract: 116 BG: 1 1000 1003 1004 1005 1006 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

4346 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2012 2013 2014 2015 2016 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 2069 2070 2072 2073 2997 2998 2999 BG:3 3000 3001 3003 3004 3005 3006 3007 3008 3009 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 4052 4053 4054 4055 4056 4057 4058 4063 4076 4077 4078 4079 4999
District 005 Lowndes County
Tract: 108 BG:6 6018 Tract: 114.02 BG:2 20232024203820402041 BG:3 3000 3001 3002 3003 3004 3005 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3038 3039 3040 3041 3042 3043 Tract: 114.03 BG:2 2014 2015 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 BG:3 3000 3001 3002 3003 3042 3043 3045 3046 3047 3048 3049 3050 3998 3999 BG:4 Tract: 115 BG: 1 1017 BG:2 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 BG:3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3018 3019 3020 3021 3022 3998 3999 Tract: 116

____________GEORGIA LAWS 2003 SESSION__________4347
BG: 1 1001 1002 BG:2 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2063 2064 20652066206720682071 BG:4 4059 4060 4061 4062 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4998
District 006 Lowndes County
Tract: 101.02 BG: 1 1038 1039 1040 1049 1050 BG:2 2002 2003 2004 2005 2006 2007 2009 2010 2011 2012 2013 2016 20172018 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 301230133014301530163017 Tract: 101.03 BG: 1 BG:2 2000 2001 2002 2003 2006 2007 2008 2009 2010 2017 2018 2019 2020 2021 2022 2023 2024 2025 2999 BG:3 3003 3004 3005 3007 3009 3010 3012 3013 3014 3015 Tract: 103.01 BG: 1 1000 1001 1002 1003 1004 1010 1012 1014 1999 BG:2 2001 2002 2003 2005 2006 2008 2009 2010 2024 2032 2034 2036 20392041 29932995 BG:3 3000 3001 3002 3003 3008 3009 3010 Tract: 103.02 BG:2 20012002201520162017 BG:3 3000 3002 3005 3006 3007 3008 3009 3015 3017 3018 3023 3027 3028 3032 Tract: 104.02 BG: 1 1001 1011

4348 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BG:2 20012009201120132014 BG:3 3005 Tract: 106.01 BG: 1 1000 1002 1006 1011 1014 1017 1018 BG:2 2001 2002 2003 2004 2005 2006 2007 2008 2011 BG:3 30023011 3018 Tract: 106.02 BG: 1 1001 1002 1003 1004 1005 1006 1007 1010 1011 1012 1013 1014 1015 10161017 1018 10191020 BG:2 2000 2001 2002 2005 2006 2009 2010 2011 2012 2013 2014 2018 20192024 BG:3 3000 3002 3006 3008 3009 3010 3011 Tract: 106.03 BG: 1 1003 1006 1008 1009 1010 1011 1012 1018 BG:2 2002 Tract: 107 BG:2 20042031 2038
District 007 Lowndes County
Tract: 101.01 BG:2 2017 2018 2019 2020 2021 2022 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Tract: 101.03 BG:2 2004 2005 2011 2012 2015 2016 2026 2027 BG:3 3000 3016 Tract: 102.01 BG: 1 1025 BG:3

____________GEORGIA LAWS 2003 SESSION__________4349
30003001300230053006 Tract: 102.02 BG: 1 1026 1027 1028 1029 1031 1035 1036 BG:2 2016 2017 2018 2019 2020 2021 2022 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2054 2055 2057 2058 2059 2060 2061 2062 2063 2064 2065 2080 2081 2083 2084 2085 2088 2089 2090 2091 2092 2093 2094 2095 BG:3 3054 3055 3056 3057 3063 3064 BG:4 4000 4001 4008 4009 4010 4014 4015 4020 4021 4022 4023 4024 4025 4026 4032 4039 4040 BG:5 BG:6 Tract: 103.01 BG:2 2013 Tract: 103.02 BG: 1 1003 BG:2 200620072011 Tract: 112 BG: 1 1000 1002 1020 BG:2 2000 BG:3 3003 Tract: 114.01 BG: 1 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 BG:2 2001 2002 2003 2006 2007 2008 2009 2010 2012 BG:3 3000 3003 3004 3005 3006 3007 3008 3009
Notice of Intention to Introduce Local Legislation
Notice is given that there will be introduced in the regular 2003 session of the General Assembly of Georgia a bill to provide for revised Lowndes County Board

43 50 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Education election districts based on 2000 U.S. Census data and to provide for repeal of conflicting laws and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ellis Black, who on oath deposes and says that he is the Representative from District 144 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County on February 24,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ELLIS BLACK Ellis Black Representative, District 144
Sworn to and subscribed before me, this 3rd day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
EARLY COUNTY - STATE COURT; TERMS OF COURT.
No. 285 (House Bill No. 668).
AN ACT
To amend an Act creating the State Court of Early County, approved August 21, 1906 (Ga. L. 1906, p. 161), as amended, particularly by an Act approved March 23, 1937 (Ga. L. 1937, p. 1166), so as to provide for terms of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Early County, approved August 21, 1906 (Ga.L. 1906, p. 161), as amended, particularly by an Act approved March 23,1937

___________GEORGIA LAWS 2003 SESSION__________4351
(Ga. L. 1937, p. 1166), is amended by striking Section 11 and inserting in lieu thereof the following:
'SECTION 11. The State Court of Early County shall be open always as required by Chapter 7 of Title 15 of the O.C.G.A. but shall conduct trials at four regular terms commencing on the third Monday in the months of February, May, August, and November of each year in the county site of Early County. If the date fixed for the convening of any term is a legal holiday, then that term shall begin on the next day thereafter which is not a legal holiday."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Early County, approved August 21,1906 (Ga. L. 1906, p. 161), as amended and for other purposes.
This 26th day of February, 2003.
s/Gerald Greene
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who on oath deposes and says that he is the Representative from District 134 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ ofEarly County on February 26,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GERALD E. GREENE Gerald E. Greene Representative, District 134

4352 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 28th day of February, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
FANNIN COUNTY - BOARD OF COMMISSIONERS; TERMS OF OFFICE.
No. 286 (House Bill No. 674).
AN ACT
To amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved March 30, 1987 (Ga. L. 1987, p. 4988), so as to stagger the terms of the members of the board of commissioners of Fannin County; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved August 10,1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved March 30, 1987 (Ga. L. 1987, p. 4988), is amended by striking subsections (a) and (b) of Section 2 of the Act, redesignating subsection (c) as subsection (d), and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows:
"(a) The chairman and other members of the board of commissioners of Fannin County serving on the effective date of this Act shall continue to serve out their terms of office. Candidates for the office of chairman shall offer as candidates for that office. For the purpose of electing the other two commissioners, there shall be two commissioner posts, to be designated Commissioner Post 1 and Commissioner Post 2. Candidates for commissioner shall designate the commission post for which they are offering. All candidates for chairman and commissioner may reside anywhere within Fannin County and shall be elected by a majority of the qualified voters of the entire county voting in the elections

____________GEORGIA LAWS 2003 SESSION__________4353
held for that purpose. All elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (b) At the general election in 2006, successors to the chairman and commissioner from Commissioner Post 1 shall be elected and shall take office on January 1 immediately following their election for two year terms of office and until their successors are elected and qualified. Successors to the chairman and commissioner elected at the 2006 general election shall be elected at the 2008 general election and shall take office on January 1 immediately following their election for four year terms of office and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration oftheir terms ofoffice and shall take office on January 1 immediately following their election for terms of four years and until their successors are elected and qualified. (c) At the general election in 2006, a successor to the commissioner from Commissioner Post 2 shall be elected and shall take o ffice on January 1 immediately following such election for a term of four years and until his or her successor is elected and qualified. Thereafter, a successor shall be elected at the general election immediately preceding the expiration of such term of office and shall take office on January 1 immediately following such election for a term of four years and until his or her successor is elected and qualified."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intent To Introduce Local Legislation
Notice is hereby given that legislation will be introduced at the 2003 regular session of the General Assembly of Georgia to amend an Act creating the Office of Commissioner of Road and Revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved March 30, 1987 (Ga. L. 1987, p. 4988), so as to stagger the terms of the members of the board of commissioners of Fannin County; to provide for 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, Ronald L. Forster, who on oath deposes and says that he is the Representative from District 3, Post 1 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News Observer which is the official organ of Fannin County on February 25, 2003, and that the notice requirements of Code Section 28-1-14 have been met.

4354 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ RONALD L. FORSTER Ronald L. Forster Representative, District 3, Post 1
Sworn to and subscribed before me, this 28th day of February, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
LUMPKIN COUNTY - BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 288 (House Bill No. 682).
AN ACT
To create a Board of Elections and Registration of Lumpkin County; to provide for the rights, powers, duties, and authority of the board; to provide for appointment and terms of members; to provide for qualifications; to provide for appointment procedures; to provide for vacancies; to provide for resignation or removal of members; to provide for succession to certain powers and duties; to provide for compensation, offices, assistants, and employees; to provide for definitions; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Lumpkin County which shall have jurisdiction over voter registration and absentee balloting procedures and the conduct of primaries and elections in Lumpkin County in accordance with the provisions of this Act, which board of elections and registration is sometimes referred to as "board" in this Act.

____________GEORGIA LAWS 2003 SESSION__________4355
SECTION 2. (a) The Board ofElections and Registration ofLumpkin County shall be composed of five members, each of whom shall be an elector and resident of Lumpkin County and who shall be selected in the following manner:
(1) Two members shall be appointed by the Lumpkin County executive committee of the political party or body, or the state executive committee of the political party or body in the absence of an organized county executive committee of a political party or body, which, at the last preceding general election for the election of the Governor, nominated a candidate for Governor and such candidate received the largest number of votes cast in this state among candidates for the office of Governor. Such appointees shall be certified by the chairperson of the appropriate executive committee of such political party or body to the governing authority of the county and such certification shall be entered upon the minutes of the governing authority; (2) Two members shall be appointed by the Lumpkin County executive committee of the political party or body, or the state executive committee of the political party or body in the absence of an organized county executive committee of the political party or body, which, at the last preceding general election for the election of the Governor, nominated a candidate for Governor and such candidate received the next largest number of votes cast in this state among candidates for the office of Governor. Such appointees shall be certified by the chairperson of the appropriate executive committee of that political party or body to the governing authority of the county and such certification shall be entered upon the minutes of the governing authority; and (3) The fifth member shall be appointed by the governing authority of the county. Said member shall serve as the county registrar and elections superintendent and shall not be an officer or member of the executive committee of any political party at the time of such member's selection or at any time during such member's term of office as a member of the board. (b)(l) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member qualifying as a candidate for elective public office. Further, no immediate family member or employee of an elected public official shall be eligible to serve as a member of the board during the elected official's term of office. (2) For the purposes of this subsection, immediate family members shall be defined as a spouse, mother, father, stepmother, stepfather, grandmother, grandfather, child, stepchild, brother, sister, stepbrother, stepsister, half brother, half sister, mother-in-law, father-in-law, brother-in-law, or sister-in-law. (c) Initial appointments to the board shall be made by the respective appointing authorities no later than July 1,2003. In the event of a vacancy on the board with respect to a member appointed by one of the political parties or bodies as provided in subsection (a) of this section, such political party or body shall appoint a

4356 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
successor within 60 days after the date such vacancy is created, such successor to be appointed in like manner as the person whose position is vacant for his or her unexpired term. In the event such political party or body fails to make an initial appointment by July 1, 2003, or within 60 days after the date such vacancy is created, the position shall be filled by the governing authority of the county. In the event of a vacancy on the board with respect to a member appointed as provided in paragraph (3) of subsection (a) of this section, the governing authority of the county shall appoint a successor within 60 days after the date such vacancy is created, such successor to be appointed in like manner as the person whose position is vacant for his or her unexpired term. In the event of a vacancy on the board with respect to the member appointed under paragraph (3) of subsection (a) of this section, the remaining members of the board shall submit the names of one or more nominees to fill the unexpired term, such nomination to be made within 60 days after the date such vacancy is created. The governing authority of the county shall select and appoint the successor member at large from the nominee or nominees whose names are submitted by a majority of the remaining members of the board. (d) The first members of the board shall serve as follows:
(1) The two members appointed under paragraph (1) of subsection (a) of this section shall be appointed for initial terms beginning July 1,2003, and expiring December 31, 2004; and (2) The other three members appointed under paragraphs (2) and (3) of subsection (a) of this section shall be appointed for initial terms beginning July 1, 2003, and expiring December 31, 2006. (e) After the initial terms of office, successors to members whose terms are about to expire shall be appointed to take office on the first day of January immediately following the expiration of a term of office and shall serve for terms of four years each and until their successors are duly appointed and qualified. (f) The governing authority of the county shall file with the clerk of the Superior Court of Lumpkin County an affidavit that states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each such certification on the minutes of the court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars. (g) The board shall have the following powers and duties: (1) It shall succeed to and exercise all of the duties and powers granted to and incumbent upon the election superintendent of Lumpkin County with regard to the conduct of primaries and elections; and (2) It shall succeed to and exercise all of the duties and powers granted to and incumbent on the chief registrar and the registrars of Lumpkin County with regard to the registration of voters and absentee balloting procedures. (h) The board shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the

_____________GEORGIA LAWS 2003 SESSION__________4357
functions and duties of its employees, and otherwise take such action as is appropriate to the management ofthe affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (i) On July 1, 2003, the board shall organize and the election superintendent and the chief registrar and the board of registrars of Lumpkin County shall be relieved of all powers and duties to which the board succeeds by virtue of the provisions of this Act. The election superintendent and the board of registrars shall deliver to the board upon request of its chairperson custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. At such time the offices of election superintendent, the board of registrars, and the chief registrar of Lumpkin County shall be abolished, (j) The governing authority of the county shall appoint a person whose title shall be elections supervisor who shall be the chief administrative officer of the board and who shall have such duties and powers as may be prescribed by the board. The elections supervisor may be a member of the board. (k) Compensation for board members, elections supervisor, clerical assistants, and other employees of the board shall be such as may be fixed from time to time by the governing authority of the county. Such compensation shall be paid from county funds. (1) The governing authority of the county shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority of the county shall deem appropriate. The elections supervisor and other employees functioning under his or her supervision shall be deemed to be employees of the county.
SECTION 3. This Act shall become effective on July 1, 2003, except that, for making initial appointments to the board, it shall become effective May 1, 2003.
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 2003 session of the General Assembly of Georgia, a bill to provide for a Board of Elections and Registration for Lumpkin County; to provide jurisdiction over voter registration, and conduct of primaries and elections in Lumpkin County. Any questions or comments should be directed to Stephen W. Gooch, Lumpkin County Commissioner.

4358 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amos Amerson, who on oath deposes and says that he is the Representative from District 9 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget which is the official organ of Lumpkin County on February 19, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ AMOS AMERSON Amos Amerson Representative, District 9
Sworn to and subscribed before me, this 4th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
RABUN COUNTY - BOARD OF COMMISSIONERS; COMPREHENSIVE REVISION.
No. 289 (House Bill No. 684).
AN ACT
An Act to amend, restate, revise, and modernize the law relating to the Board of Commissioners of Rabun County; to provide for commissioner districts; to provide for the election, qualifications and filling of vacancies of members of said board; to provide for continuation in office of current members ofthe board; to provide for an oath; to provide for giving a bond by the members of said board and the clerk; to provide for the compensation ofthe board members; to provide for a chairperson; to p rovide f or a s upervisor o f r oads; top rovide f or m eetings, q uorum, a nd employment of a clerk; to provide for powers; to authorize employment of an attorney; to provide for audits and the publication thereof; to provide for compensation of county employees; to provide that the board may in its discretion become a self-insurer as to all insurance and security bonds acquired by said county; to provide for the levy of taxes for said self-insurance; to provide for other

___________GEORGIA LAWS 2003 SESSION__________4359

matters relative to the foregoing; to repeal an Act creating a Board of Commissioners ofRabun County, approved March 26,1969 (Ga. L. 1969, p. 2397), as amended; to provide for a certain submission; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. There shall be a Board of Commissioners of Rabun County as provided for in this Act. The board of commissioners shall be the successor to and continuation of the existing Board of Commissioners of Rabun County and shall continue to have the obligations and liabilities of the board of commissioners as it existed immediately prior to the effective date of this Act. The board of commissioners shall constitute the governing authority ofRabun County and shall exercise the powers, duties, and responsibilities vested in and upon said officers by the provisions of this Act. The term "board," whenever used in this Act, shall mean the Board of Commissioners of Rabun County, including the chairperson and all members.

SECTION 2. (a) The Board of Commissioners of Rabun County shall consist of four district commissioners and one at-large commissioner. The four district commissioners shall be residents of their respective commissioner districts described in subsection (b) of this section but shall be elected at large as provided in Section 3 of this Act. The at-large commissioner shall be elected at large as provided in Section 3 of this Act. (b) For the purpose of electing members of the board of commissioners, Rabun County shall be divided into four commissioner districts. The at-large commissioner shall be designated as representing District 1; and the other four districts shall be numbered as Districts 2, 3, 4, and 5. One member of the board shall be elected for each such district. Those districts shall consist of the described territory of Rabun County described as follows:
COMMISSIONER DISTRICT 1: At-large District Covering Entire County

COMMISSIONER DISTRICT 2:

NORTH: Bordered by NC/GA State Line SOUTH: Bordered by Centerline of Warwoman Road Beginning At US 441 Intersection and By Centerline of US 28 South of Warwoman Road Intersection EAST: Bordered By SC/GA State Line WEST: Bordered By Centerline of US 441 Beginning At Warwoman Road Intersection in Clayton

4360 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

COMMISSIONER DISTRICT 3: COMMISSIONER DISTRICT 4: COMMISSIONER DISTRICT 5:

NORTH: Bordered By Centerline of Warwoman Road Beginning At US 441 Intersection And By Centerline of US 28 South of Warwoman Road Intersection SOUTH: Bordered By Habersham/Rabun County Line EAST: Bordered By SC/GA State Line WEST: Bordered By Centerline of US 441 Beginning At Warwoman Road Intersection In Clayton
NORTH: Bordered By Centerline of US 76 W Beginning At US 441 Intersection In Clayton SOUTH: Bordered By Habersham/Rabun County Line EAST: Bordered By Centerline ofUS 441 Beginning At US 76 W Intersection In Clayton WEST: Bordered By Towns-Habersham/Rabun County Line
NORTH: Bordered By NC/GA State Line SOUTH: Bordered By Centerline of US 76 W Beginning At US 441 Intersection In Clayton EAST: Bordered By Centerline ofUS 441 Beginning At US 76 W Intersection In Clayton WEST: Bordered By Towns/Rabun County Line

(c) For purposes of the commissioner districts described in subsection (b) of this
section: (1) Any part of Rabun County which is not included in any commissioner district described in subsection (b) of this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia; and (2) Any part of Rabun County which is described in subsection (b) of this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least

____________GEORGIA LAWS 2003 SESSION__________4361
population according to the United States decennial census of 2000 for the State of Georgia. (d) At the 2004 general election the at-large commissioner and two district commissioners from districts 2 and 3 shall be elected to be voted on by the qualified voters of the entire county. Such members of the board shall take office on the first day of January following said election. The members from districts 2 and 3 and the at-large commissioner shall serve for a term of four years and until their successors are elected and qualified. Successors to such members and future successors shall be elected at the general election in the year in which their respective terms of office expire and shall take office on January 1 following said election for a term of four years and until their successors are duly elected and qualified. (e) The two commissioners who were elected at the 2002 general election under prior law and whose terms began January 1,2003, shall continue to serve the terms of office to which they were elected. These two commissioners, Eston Melton and Virgil Kilby, shall be deemed to be district commissioners representing districts 4 and 5, respectively, as such districts are defined in subsection (b) of this section. Successors to such two district commissioners shall be elected at the general election next preceding the expiration of their terms of office and shall take office on January 1 following said election for a term of four years and until their successors are duly elected and qualified. In the event of a vacancy prior to the expiration ofterm of office of either ofthese existing commissioners, such vacancy shall be filled in accordance with Section 6 of this Act and by a resident of such vacated district, as such district is defined in subsection (b) of this section.
SECTION 3. Any person, to be eligible to serve as a member of the board, must be at least 25 years of age on the date of the election, must have resided in Rabun County for at least one year immediately preceding the date of the election, must be qualified to vote for the members of the General Assembly, and must receive the requisite number of the votes cast for that office by the electors of the entire county. Each district commissioner must be a resident of the commissioner district from which he or she offers for election. The at-large commissioner must be a resident of Rabun County.
SECTION 4. Before entering upon his or her duties as a member of the board, such member shall take an oath to faithfully perform his or her duties in accordance with the provisions of this Act, the Constitution, and the laws of the State of Georgia. Such oath shall be administered by any person authorized to administer oaths.
SECTION 5. Before entering upon the discharge of his or her duties, each member of the board and the clerk hereinafter provided for shall each give bond in the sum of $ 10,000.00 with a reputable surety company authorized to do business in Georgia as surety,

4362 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
payable to the probate judge ofRabun County, for the use ofRabun County. Such bond shall be conditioned for the satisfactory performance, by each ofthe members and the clerk, of the duties of his or her office and for a true accounting of all moneys and effects of said county coming under his or her custody, possession, or control. Such bond shall be filed in the office of the probate judge and shall be recorded upon his or her minutes. The premium on each bond shall be paid from the funds of Rabun County.
SECTION 6. In the event a vacancy occurs on the board for any reason other than the expiration of the member's term of office, such vacancy shall be filled by a special election called by the probate judge, if the vacancy occurs with more than one year left in said term. The election shall be called and held under the laws relating to special elections, but the election shall be held not more than 60 days after the vacancy occurs. If there is less than one year left in said term, the four remaining members of the board shall appoint a member to fill the unexpired term.
SECTION 7. The four members of the board other than the chairperson shall be compensated in the amount of $450.00 per month and the chairperson shall be compensated in the amount of $600.00 per month, such compensation to be paid in equal monthly installments from the funds of Rabun County. Each member of the board and the chairperson shall be compensated for actual expenses incurred while on official business ofthe county, which reimbursement for expenses shall be approved by the board prior to payment.
SECTION 8. (a) A chairperson shall be elected at the first meeting of the board in each year by the members of the board, and shall serve for a term of one year. (b) The board shall appoint a supervisor of roads, who shall serve at the pleasure of the board, shall perform such duties as may be assigned by the board, and shall be compensated in an amount set by the board.
SECTION 9. The board shall hold a regular meeting once each month on a specific day in such month, which day shall be set by the board at its first regular meeting of each year. The board may, at its first regular monthly meeting following approval of this Act, set the days for its monthly meetings for the remainder of the calendar year. The board may continue its meetings from day to day and may hold other meetings as deemed advisable upon the call of the chairperson or upon the call of any three of the members. The board shall maintain an office at the courthouse of Rabun County.

____________GEORGIA LAWS 2003 SESSION_________4363
SECTION 10. Three members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members of said board. The chairperson of said board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him or her by law or authorized by said board and shall at each regular meeting of said board submit a report of the condition of the county affairs and make to said board such recommendations as he or she may deem proper.
SECTION 11. The board is authorized to employ a clerk to be compensated in an amount to be determined by the board, to be paid from the iunds of Rabun County in equal monthly installments. It shall be the duty of the clerk to keep the minutes and records of all proceedings of the board and to discharge such other duties as the board may prescribe.
SECTION 12. (a) In addition to all of the powers bestowed by the law of Georgia, the board shall have exclusive power and control over public roads and bridges; the levying and collection of taxes, fees, and penalties as allowable by law; the management, collection, control, and disbursing of county funds; the erection, repair, management, and maintenance ofpublic buildings; the establishing, abolishing, and changing of election precincts and establishing the number and location of polling places in the several precincts; the auditing of books and records of all county officials; the settling of all claims against or for the county; the management, control, purchase, and sale of assets and property; the creation, hiring, management, and control over all county employees; and the creation of rules of procedure to govern the board, organize itself, and establish the powers and duties of the chairperson and remaining members. (b) The board shall establish rules and regulations for the expenditure of all funds, for securing written reports from all other county officers, which shall contain proposed salaries and expenses for office operations on an itemized basis, and for submitting an annual budget broken down into quarterly amounts. The board shall study and act on all budget requests, making changes that are fiscally sound and in the best interests of the county.
SECTION 13. The board shall have the authority to employ a competent attorney at law as county attorney to advise the board and represent Rabun County in such matters as the board may direct, which county attorney shall serve at the pleasure of the board and shall be compensated out of the funds of Rabun County as approved by the board. Whenever it is deemed necessary, said board may employ additional counsel to assist the county attorney, who shall be paid such compensation out of the funds of Rabun County as approved by the board.

4364 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 14. The fiscal year of the county shall begin on the first day of July and end on the last day of June of the succeeding year. The board shall have a complete and independent audit in compliance with generally accepted audit standards performed annually by a qualified external auditor in accordance with Code Section 36-81-7 of the O.C.G.A. The audit will be accepted by the board at a regular or special meeting and made available for inspection by any interested person during regular business hours.
SECTION 15. The board shall establish the salary and pay scale of all employees of Rabun County, except elected officials whose salary is set by local or general law, and shall specifically set the salary and salary scale for all clerical employees of Rabun County. The board shall, in establishing such salaries and salary scales, take into consideration the prevailing compensation for such services being paid by private industry and business in Rabun County and by other counties within the State of Georgia and the recommendations of the office holder or person having immediate supervision of such employee. The decision and determination of the board in setting and establishing such salary and salary scale shall be final.
SECTION 16. (a) Rabun County is authorized in the discretion of the board to become a self-insurer against all claims incurred by reason of liability to a third party or parties and losses by reason of fire, windstorm, and providential cause and other comprehensive damages to its property and for each and every other contingency against which the board may in its discretion elect to insure. (b) Rabun County is authorized through the board to levy taxes for the funding and payment of costs for such self-insurance if the same is implemented and which funds may be established as continuing and perpetual reserves. (c) Nothing in this Act shall be construed as waiving any immunity or privilege of any kind now or hereafter enjoyed by Rabun County or any member of the board thereof or any supervisor, administrator, employee, or other elected or appointed officer nor of any public body, board, agency, or other instrumentality of said county, so that all such immunities and privileges from liability now held by such county shall continue to be of full force and effect after the passage of this Act. (d) Any self-insurance program thus inaugurated by Rabun County through the board shall be in the sole discretion of the board in all respects as to its coverage. The board is, however, specifically granted the authority to utilize such self-insurance program in providing liability insurance for members of such board, supervisors, administrators, employees, or other elected or appointed officers against personal liability as is provided in Article 2 of Chapter 9 of Title 45 of the O.C.G.A., as now or hereafter amended. (e) Such self-insurance program may be implemented by resolution of the board, which resolution shall specifically set forth the purposes for which such

____________GEORGIA LAWS 2003 SESSION__________4365
self-insurance is maintained; the amount of funds allocated to such program for the year in which the same is established; the intent as to the future allocation of funds for such program; the amounts or percentages of such reserve thus established to be made available for the payment of claims against such reserve including, but not limited to, any such amount or percentage which may be allocated for payment of the claim of any one individual, the payment of the claim for any one incident, and, in the discretion of the board, payment of the claim for property damage or other specific damages. (f) The board may extend the provisions of such self-insurance program as to any part or all of its coverages to any other governmental agency of Rabun County including, but not limited to, the Hospital Authority of Rabun County. The board is further authorized in its discretion to participate with any such agency of Rabun County in the providing of such self-insurance program upon such basis as may be mutually agreeable between or among such participating agencies. (g) Nothing in this Act shall constitute a prohibition against Rabun County or any agency thereof from the purchasing of any contract of insurance whether liability, comprehensive, official bond, or other contract. It is the intent of this subsection that Rabun County may utilize such self-insurance program to provide partial coverage of its insurance needs and may purchase contracts of insurance for a portion of its insurance needs. (h) Rabun County is authorized by the General Assembly of Georgia to waive its immunity from legal complaint or claim up to the amounts of its reserve in such self-insurance program and in accordance with the limits of its coverage thereunder as set forth in its resolution establishing such program. Any such waiver of immunity must be by specific resolution of the board. (i) All such funds collected by the levy of taxes or other revenue by the board setting up such self-insurance program shall become and be the funds of Rabun County unless the same are paid or disbursed in accordance with the plan of self-insurance. The board establishing such plan of self-insurance may terminate the same at any time at its sole discretion, provided that, upon such termination, there shall be retained in the reserve account of said program a sum reasonably sufficient to pay any known claims which may at the time of termination be pending against Rabun County and which are within the class of claims and limits as to amount for which such self-insurance program is maintained. Any funds retained in the reserve subsequent to termination and not paid to a claimant shall be paid into the general fund of Rabun County upon resolution of such pending claim or when such claims become barred by the statute of limitations. All funds removed from such reserve upon partial or complete termination of such program shall be paid into the general fund of Rabun County and shall be disbursed and accounted for as are other funds.
SECTION 17. An Act creating a Board of Commissioners of Rabun County, approved March 26, 1969 (Ga. L. 1969, p. 2397), as amended, is repealed in its entirety.

4366 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 18. The board shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 19. This Act shall become effective January 1, 2005, except that the following provisions shall become effective on approval of this Act by the Governor or upon this Act's becoming effective without such approval:
(1) Provisions relating to the election of commissioners at the 2004 election; and (2) The provisions of subsection (e) of Section (2) relating to residency requirements for filling of certain vacancies.
SECTION 20. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend, restate, revise, and modernize the law relating to the Board of Commissioners of Rabun County; to provide for commissioner districts; to provide for the election, qualifications and filling of vacancies of members of said board; to provide for continuation in office of current members of the board; to provide for an oath; to provide for giving a bond by the members of said board and the clerk; to provide for the compensation of the board members; to provide for a chairperson; to provide for a supervisor of roads; to provide for meetings, quorum, and employment of a clerk; to provide for powers; to authorize employment of an attorney; to provide for audits and the publication thereof; to provide for compensation ofcounty employees; to provide that the board may in its discretion become a self-insurer as to all insurance and security bonds acquired by said county; to provide for the levy of taxes for said self-insurance; to provide for other matters relative to the foregoing; to repeal an Act creating a Board of Commissioners of Rabun County, approved March 26, 1969 (Ga. L. 1969, p. 2397), as amended; to provide for a certain submission; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who on oath deposes and says that he is the Representative from District 8 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune

____________GEORGIA LAWS 2003 SESSION__________4367
which is the official organ of Rabun County on February 6, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RALPH TWIGGS Ralph Twiggs Representative, District 8
Sworn to and subscribed before me, this 4th day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
CITY OF MOULTRIE - CITY COUNCIL; DISTRICTS.
No. 291 (House Bill No. 692).
AN ACT
To amend an Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, so as to change the description of the council 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 preclearance 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 and establishing a new charter for the City of Moultrie, approved March 3,1943 (Ga. L. 1943, p. 1458), as amended, is amended by striking Section 4 and inserting in its place a new Section 4 to read as follows:
"SECTION 4. (a) The mayor and council members of the City of Moultrie who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular

4368 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
expiration of their respective terms of office and upon the election and qualification oftheir respective successors. On and after the effective date ofthis Act, the city council shall consist of six members all of whom shall be elected from council districts described in subsection (b) of this section except for the mayor who is elected at large as provided in this section.
(b)(l) For purposes of electing members of the city council, the City of Moultrie is divided into three council districts. (2) One member of the city council shall be elected from Council District 3. (3) Council District 1 shall consist of one election district with numbered posts 1 and 2. Council District 2 shall consist of one election district with numbered posts 3, 4, and 5. Each person seeking election from such district shall designate the post for which such person seeks election. (4) The three council districts shall be and correspond to those three numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: moultrieS Plan Type: Local User: staff Administrator: Moultrie. (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 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 the City of Moultrie 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 City of Moultrie 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. (d) In order to be elected as a member of the city council from a council district, a person must receive a plurality of votes cast for that office in that district only. Only electors who are residents of that council district may vote for a member of the council for that district. At the time of qualifying for election as a member of the board from a council district, each candidate for such office shall specify the council district and post, as applicable, for which that person is a candidate. A person elected or appointed as a member of the board from a council district must continue to reside in that district during that person's term of office or that office shall become vacant. (e) The mayor may reside anywhere within the City of Moultrie and, if elected, must receive a plurality of votes cast for that office in the entire city. The mayor

____________GEORGIA LAWS 2003 SESSION__________4369
must continue to reside within the city during that person's term of office or that office shall become vacant.
(f)(l) George Walker, the member of the council elected at the November, 1999, general election, shall be designated to be serving from and representing Council District 1, Post 1, but as newly described under this Act. (2) Betty Haggins, the member of the council elected at the November, 2001, general election, shall be designated to be serving from and representing Council District 1, Post 2, but as newly described under this Act. (3) Wayne Cooper, the member of the council elected at the November, 1999, general election, shall be designated to be serving from and representing Council District 2, Post 3, but as newly described under this Act. (4) Cecil Barber, the member of the council elected at the November, 1999, general election, shall be designated to be serving from and representing Council District 2, Post 4, but as newly described under this Act. (5) Sherod McCall, Jr., the member of the council elected at the November, 2001, general election, shall be designated to be serving from and representing Council District 2, Post 5, but as newly described under this Act. (6) Lewis Herndon, the member of the council elected at the November, 2001, general election, shall be designated to be serving from and representing Council District 3, but as newly described under this Act. (7) The members of the council representing Council District 1, Post 2; Council District 2, Post 5; and Council District 3 shall be elected at the general election in 2005 and quadrennially thereafter and shall take office on the first day ofJanuary immediately following their election for terms offour years and until their successors are elected and qualified. (8) The mayor and members of the council representing Council District 1, Post 1; Council District 2, Post 3; and Council District 2, Post 4 shall be elected at the general election in 2003 and quadrennially thereafter and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (g) Any vacancy in the office of mayor or council member which occurs for any reason shall be filled pursuant to Section 44 of this charter. Any person appointed to fill a vacancy in office pursuant to this subsection shall meet the same eligibility requirements specified for persons who are elected to such office."
SECTION 2. Said Act is further amended by striking Section 5 and inserting in its place a new Section 5 to read as follows:
"SECTION 5. Reserved."

4370 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. The mayor and council of the City of Moultrie shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: moultrie5 Plan Type: Local User: staff Administrator: Moultrie
Redistricting Plan Components Report
District 001 Colquitt County
Tract: 9703 BG:2 2027 2030 2033 2035 BG:3 BG:4 BG:5 Tract: 9708 BG: 1 1000 1001 1002 1003 1004 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 BG:2 BG:3 3000 3001 3006 3007 BG:4 4003 4004 Tract: 9709 BG: 1 1028 1029 1030 1031 1032 1033 1999 BG:3 3000 3001 3002 3003 3028 3029 3031 3999
District 002 Colquitt County
Tract: 9703 BG: 1 1038

___________GEORGIA LAWS 2003 SESSION__________4371
BG:2 2019 2020 2021 2022 2024 2025 2029 Tract: 9704 BG: 1 1006 1007 1010 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 1050 BG:2 2001 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 2055 2058 2059 2060 2998 BG:3 3026 Tract: 9706 BG:3 3000 3001 3002 3003 3004 3005 3006 3008 3009 3010 3013 3014 301830303031306230633068 Tract: 9707 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 10121013 10141015 1016 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 2041 2047 2048 2049 BG:3 3004 3005 3006 3007 3008 3009 3010 3011 3025 3026 3027 3028 302930303031 BG:4 4008 4009 4010 4011 4012 4013 4028 4029 4030 4031 4032 4033 4034 4035 4036 BG:5 5033 5034 5035 5036 5037 5038 5042 5043 5048 5049 5050 5051 5053 5054 5056 5057 5066 5067 BG:6 Tract: 9708 BG:3 3002 3003 3004 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3022 3023 BG:4 4000 4001 4002 4005 4006 4007 4008 4009 4010 4011 4012 4013

4372 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
4014 4015 4016 4017 4018 4019 4020 4021 4022 Tract: 9709 BG:4 4008 4016
District 003 Colquitt County
Tract: 9704 BG:3 3027 3028 3029 3030 3031 3032 Tract: 9706 BG: 1 1008 1009 1010 1011 1017 1018 1019 1020 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 Tract: 9707 BG: 1 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 BG:2 2040 2042 2043 2044 2045 2046 BG:3 3000 3001 3002 3003 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3032 3033 3034 3035 BG:4 4002 4003 4004 4005 4006 4007 4014 BG:5 5000 5001 5002 5003 5008 5009 5010 5012 5013 5014 5069 5070
NOTICE
Notice is hereby given of intention to apply for passage of local legislation at the 2003 session of the General Assembly of Georgia to amend an Act creating and establishing a new charter for the City of Moultrie approved March 3, 1943, and Acts amendatory thereof.
This 11th day of December, 2002.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who on oath deposes and says that he is the Representative from District 140 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Moultrie

____________GEORGIA LAWS 2003 SESSION__________4373
Observer which is the official organ of Colquitt County on December 18,2002, and that the notice requirements of Code Section 28-1-14 have been met.
s/ A. RICHARD ROYAL A. Richard Royal Representative, District 140
Sworn to and subscribed before me, this 3rd day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
CITY OF KENNESAW - CORPORATE LIMITS.
No. 292 (House Bill No. 693).
AN ACT
To amend an Act creating a new charter for the City of Kennesaw, approved April 10,1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved April 25,2002 (Ga. L. 2002, p. 4641), so as to change the provisions relating to the corporate limits of said city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved April 25,2002 (Ga. L. 2002, p. 4641), is amended by adding at the end of Section 1.02 the following:
"The corporate limits of the City of Kennesaw shall also include the following described parcels of land:
ALL TRACT OR PARCEL OF LAND lying and being in original Land Lots Nos. 206 and 207, of the 20th District and 2nd Section of Cobb County, Georgia and being more particularly described as follows:

4374 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BEGINNING at the Northwest corner of Tract No. 11 of the Roberts and Lovingood property, as shown by plat thereof, record in Plat Book (Revised) No. 1, Page 118, in the office of the Clerk of the Superior Court of Cobb County, Georgia, thence Southerly along the Easterly side of the Dixie Highway 100 feet to a point; thence East parallel to the North line of said Tract No. 11 for a distance of 400 feet to a point; thence Northerly 100 feet to a point on the North line of Tract No. 11; thence West a distance of 400 feet to the point of beginning. Said property being a tract 100 feet by 400 feet out of the Northwest corner of that certain tract of land conveyed by GEORGE C. ROBERTS to W.F. MCCURLEY by deed date January 4,1921, and recorded in Deed Book 68, Page 218, in the Office of the Clerk of the Superior Court of Cobb County, Georgia, and also being the same property that was conveyed to the said A.F. MULKEY by G.A. HUGHES by warranty deed dated September 17, 1943 and recorded in Deed Book 158, Page 434 of said records. All that tract or parcel of land lying and being in Land Lot 104 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the northeasterly corner of Land Lot 104, said corner being common to Land Lots 87, 88, 103, and 104; thence South 00 degrees 00 minutes 00 seconds East, 2010.43 feet to a point; thence North 48 degrees 09 minutes 48 seconds West, 135.79 feet to a point; thence South 00 degrees 00 minutes 00 seconds East, 216.48 feet to a point, said point being the northeastern right-of-way ofOld Dixie Highway; thence northwesterly along said right-of-way of Old Dixie Highway, 311 feet more or less to a point; thence North 00 degrees 00 minutes 00 seconds East, 642.24 feet to a point; thence South 89 degrees 52 minutes 51 seconds West, 288.63 feet to a point; thence North 00 degrees 00 minutes 00 seconds East, 1322.60 feet to a point; thence North 90 degrees 00 minutes 00 seconds East, 648.63 feet to a point; said point being the POINT OF BEGINNING; said tract or parcel of land contains 25.47 acres more or less. All that property lying and being in Land Lot 213 of the 20th District, 2nd Section of Cobb County, Georgia and being more particularly described as follows: Beginning at the Northwest corner of Land Lot 213; thence running East along the North line of Land Lot 213 for a distance of 1,184 feet to a point and corner; thence running South 31 degrees 30 minutes East for a distance of 896 feet to a point and corner; thence running South 56 degrees 16 minutes 27 seconds West parallel to Stanley Road for a distance of 210 feet to a point and corner; thence running South 31 degrees 30 minutes East for a distance of 630 feet to a point and corner located on the Northwesterly Right of Way of Stanley Road; thence running North 56 degrees 16 minutes 27 seconds East along the Northwesterly Right of Way of Stanley Road for a distance of 210 feet to a point and corner; thence running South 31 degrees

__________GEORGIA LAWS 2003 SESSION__________4375
31 minutes East crossing Stanley Road for a distance of 410.93 feet to a point and corner; thence running South 06 degrees 51 minutes 31 seconds West for a distance of 629.06 feet to a point and corner located on the Northeasterly Right of Way of Collins Road; thence running Northwesterly along the Northeasterly Right of Way of Collins Road for a distance of 7.57 feet to a point and corner formed by the intersection of the Northeasterly Right ofWay ofCollins Road and the Southeasterly Right ofWay of Stanley Road; thence running across Stanley Road perpendicular to its Right of Way to the Northwesterly Right ofWay ofStanley Road for a distance of40 feet; thence running Southwesterly along the Northwesterly Right of Way of Stanley Road for a distance of 327 feet more or less to a point and corner; thence running North 30 degrees 15 minutes West for a distance of 571 feet to a point and corner; thence running South 73 degrees 30 minutes West for a distance of 696.1 feet to a point and corner located on the West line of Land Lot 213; thence running North 0 degrees 30 minutes West along the West line of Land Lot 213 for a distance of 1,459 feet to the point of beginning. Said tract contains 57.56 acres. All that tract of parcel of land lying and being in Land Lot 211 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the Northwest corner of Land Lot 211; thence along the West line of Land Lot 211 South 00 degrees 09 minutes 46 seconds West 629.45 feet to a #4 rebar found on the Southern right of way line of Barrett Parkway (a 109 feet right of way); said point being the POINT OF BEGINNING; thence along said right of way line and a curve to the left, an arc distance of 461.77 feet, on a radius of 1200.14 feet and being subtended by a chord of 458.93 feet, with a bearing of North 47 degrees 45 minutes 17 seconds East, to a point; thence North 36 degrees 43 minutes 55 seconds East, 125.55 feet to a point; thence South 53 degrees 08 minutes 35 seconds East, 6.18 feet to a point; thence North 36 degrees 51 minutes 19 seconds East, 6.28 feet to a point; thence along a curve to the right, an arc distance of 283.70 feet, on a radius of 7,579.44 feet and being subtended by a chord of 283.69 feet, with a bearing ofNorth 37 degrees 55 minutes 39 seconds East, to a point; thence leaving said right of way line and running North 89 degrees 32 minutes 19 seconds East, 788.60 feet to a #4 rebar set on the Western right of way line ofU.S. Highway 41 (a variable right ofway); thence along said right ofway line South 46 degrees 52 minutes 26 seconds East, 287.49 feet to a point; thence leaving said right of way line and running South 00 degrees 46 minutes 06 seconds East, 1,023.78 feet to a point; thence South 84 degrees 19 minutes 07 seconds West, 1,054.43 feet to a point; thence along a curve to the left, an arc distance of 177.05 feet, on a radius of 327.82 feet and being subtended by a chord of 174.91 feet, with a bearing of North 28 degrees 45 minutes 40 seconds West, to a point; thence North 44 degrees 14 minutes 00 seconds West, 69.92 feet to a point; thence South 45 degrees 46

4376 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
minutes 00 seconds West, 56.00 feet to a point; thence South 44 degrees 14 minutes 00 seconds East, 24.42 feet to a point; thence South 01 degrees 00 minutes 00 seconds West, 28.17 feet to a point; thence South 46 degrees 33 minutes 47 seconds West, 134.60 feet to a point; thence along a curve to the right, an arc distance of 201.49 feet, on a radius of 225.53 feet and being subtended by a chord of 194.85 feet, with a bearing of South 72 degrees 09 minutes 23 seconds West to a point; thence North 82 degrees 15 minutes 00 seconds West, 124.17 feet to a point; thence along the west line of Land Lot 211 North 00 degrees 09 minutes 46 seconds East, 700.80 feet to a #4 rebar found on the Southern right of way line of Barrett Parkway (109'); said point being the POINT OF BEGINNING. All that tract or parcel of land lying in and being part of Land Lot 62 of the 20th District, Cobb County, Georgia which is more particularly described as follows: To find the TRUE POINT OF BEGINNING, commence at a point lying on the northeasterly right-of-way intersection of Baker Road Connector (right of way varies) and Baker Road Relocated (a 60 feet right of way); thence leaving said right-of-way intersection, and running along said right-of-way line of Baker Road Relocated, along a curve turning to the left an arc distance of 88.93 feet on a 440.00 feet radius, said curve being subtended by a chord bearing North 02 degrees 44 minutes 43 seconds West for a distance of 88.78 feet to a point lying on the southerly right-of-way intersection of Baker Road Relocated and Baker Road (a 40 feet right of way); thence leaving said right-of-way intersection, and running along said right-of-way line of Baker Road Relocated, along a curve turning to the left an arc distance of 88.90 feet on a 440.00 feet radius, said curve being subtended by a chord bearing of North 14 degrees 19 minutes 25 seconds West for a distance of 88.75 feet to an iron pin set on the northerly right-of-way intersection of Baker Road Relocated and Baker Road; thence leaving said right-of-way intersection, and proceeding along said right-of-way line of Baker Road, South 40 degrees 38 minutes 00 seconds East for a distance of 60.15 feet to a point; thence proceed South 43 degrees 06 minutes 00 seconds East for a distance of 76.11 feet to a point; thence proceed South 45 degrees 49 minutes 00 seconds East for a distance of 76.06 feet to a point; thence proceed South 50 degrees 37 minutes 00 seconds East 60.12 feet to a point; thence proceed South 57 degrees 25 minutes 00 seconds East for a distance of 57.01 feet to an iron pin set lying on the northeasterly right-of-way intersection of Baker Road Connector (right of way varies) and Baker Road; thence leaving said right-of-way intersection, and proceeding along said right-of-way line of Baker Road Connector, South 83 degrees 42 minutes 00 seconds East for a distance of 46.59 feet to an iron pin set, said iron pin being the TRUE POINT OF BEGINNING; from said TRUE POINT OF BEGINNING thus established, running thence North 16 degrees 43 minutes 55 seconds East 645.61 feet to an iron pin set; thence running South

____________GEORGIA LAWS 2003 SESSION__________4377
82 degrees 47 minutes 50 seconds East 255.50 feet to an iron pin set; thence running South 25 degrees 22 minutes 40 seconds West 667.58 feet to an iron pin set on the northerly right of way line of Baker Road Connector; thence running along said right of way line North 83 degrees 42 minutes 00 seconds West for a distance of 154.17 feet to an iron pin set, said iron pin set being the TRUE POINT OF BEGINNING."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 Session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended; 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 District 32 and further deposes and says 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 February 7,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JUDY MANNING Judy Manning Representative, District 32
Sworn to and subscribed before me, this 25th day of February, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.

4378 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DOUGHERTY COUNTY - TAX COMMISSIONER; SCHOOL TAXES; COLLECTION FEE.
No. 293 (House Bill No. 695).
AN ACT
To amend an Act providing for the merger of the independent school system of the City ofAlbany and the school district in the County ofDougherty lying outside the corporate limits of said city, approved February 5, 1951 (Ga. L. 1951, p. 2233), as amended, so as to provide that the tax commissioner of Dougherty County shall retain an amount not exceeding a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Dougherty County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the merger of the independent school system of the City of Albany and the school district in the County of Dougherty lying outside the corporate limits of said city, approved February 5, 1951 (Ga. L. 1951, p. 2233), as amended, is amended by striking Section 20 and inserting in lieu thereof the following:
"SECTION 20. The tax commissioner of Dougherty County shall remit all educational funds collected by said officer to the Dougherty County Board ofEducation, except that an amount not exceeding 2.1 percent of the funds collected shall be retained by the tax commissioner and remitted to the governing authority of Dougherty County to reimburse the county for the cost of collecting school taxes."
SECTION 2. It is the intention of this Act to reduce the amount authorized by subsection (a) of Code Section 48-5-404 of the O.C.G.A. as reimbursement to counties for the collection of school taxes, and this Act is pursuant to the specific authority of Article VIII, Section VI, Paragraph III of the Constitution of the State of Georgia.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

____________GEORGIA LAWS 2003 SESSION__________4379
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2003 Session of the General Assembly of Georgia a Bill to amend Georgia laws 1951, p. 2233, Section 20. The amendment will allow the Dougherty County School System to pay a collection fee amount up to 2.1% of the amount of taxes collected on its behalf by Dougherty County, Georgia through the office of the Dougherty County Tax Commissioner; to provide an effective date; to repeal conflicting laws and for other purposes.
This 27th day of February, 2003.
Is/ Lawrence R. Roberts Representative, District 135
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lawrence R. Roberts, who on oath deposes and says that he is the Representative from District 135 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County on March 1,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LAWRENCE R. ROBERTS Lawrence R. Roberts Representative, District 135
Sworn to and subscribed before me, this 5th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.

43 80 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BIBB COUNTY - BOARD OF EDUCATION; DISTRICTS.
No. 294 (House Bill No. 704).
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, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance 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 establishing the Board of Public Education for Bibb County, approved August 23,1872 (Ga. L. 1872, p. 388), as amended, is amended by striking Section 2E and inserting in its place a new Section 2E to read as follows:
"SECTION 2E. (a) For purposes of electing members of the board of public education, other than the at-large members, the Bibb County School District is divided into six education districts which shall correspond to Posts 1 through 6. The six 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: bibbsbp2re Plan Type: Local User: staff Administrator: Bibb 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 the Bibb 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 Bibb 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

____________GEORGIA LAWS 2003 SESSION_________4381
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) Posts 1 through 6, as they exist immediately prior to the effective date ofthis Act, shall continue to be designated as Posts 1 through 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 their respective districts as newly described under this Act."
SECTION 2. Said Act is further amended by striking in its entirety the attachment thereto containing the description of education districts which is identified as Plan Name: bibbsbp2 Plan Type: Local User: Gina Administrator: Bibb.
SECTION 3. The Board of Public Education for Bibb County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department ofJustice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: bibbsbp2re Plan Type: Local User: staff Administrator: Bibb Co.
Redistricting Plan Components Report
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

4382 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 BG: 1 BG:2 BG:3 3000 3001 3002 3003 3004 3005 3015 3016 3017 3018 Tract: 103 Tract: 104 BG: 1 Tract: 105 Tract: 106 Tract: 107 Tract: 108 Tract: 110 BG:2 2018201920202998 Tract: 114 Tract: 115 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 1008 1009 10101011 1012 Tract: 123 BG:2

____________GEORGIA LAWS 2003 SESSION________4383
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 BG: 1 1007 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 2158215921602161 2175217621772178217921802181 2182 218321842185218621872188218921902191219221932194 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 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

4384 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2221 2222 2223 2224 2225 2235 2236 2990 2991 2992 2993 2994 Tract: 131.01 Tract: 131.02 Tract: 132.02 BG: 1 1016 1017 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
Tract: 102 BG:3 3006 3007 3008 3009 3010 3011 3012 3013 3014 Tract: 104 BG:2 BG:3 BG:4 Tract: 118

___________GEORGIA LAWS 2003 SESSION_________4385
BG: 1 BG:3 3000 3001 3002 3018 3019 3020 3021 3022 3023 3024 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 1000 1001 1003 1004 1005 1006 1007 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:3 3001 3002 3003 3004 3005 3006 3007 3008 Tract: 124 BG: 1 1000 1001 1002 1003 1004 1005 1006 BG:2 BG:3 BG:4 BG:5 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

4386 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BG:2 2018 2019 2020 2024 2025 2026 2028 2029 2030 2031
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

____________GEORGIA LAWS 2003 SESSION__________4387
Tract: 134.02
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 2003 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 et seq.) and an Act approved April 25,2002 (Ga. L. 2002, p. 4932 et seq.) (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 of Population and the requirements ofthe Voting Rights Act of 1965; and (3) for other purposes.
This 17th day of February, 2003.
s/ W. Warren Plowden, Jr. Attorney for the Board of Education
for Bibb County
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 District 105 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph which is the official organ of Bibb County on February 22, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID E. LUCAS, SR. David E. Lucas, Sr. Representative, District 105
Sworn to and subscribed before me, this 4th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

4388 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
ELBERT COUNTY - JUDGE OF PROBATE COURT; NONPARTISAN ELECTION.
No. 295 (House Bill No. 707).
AN ACT
To provide that future elections for the office of probate judge of Elbert County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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. All elections for the office of probate judge of Elbert County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. Nothing in this Act shall affect the term of office of the probate judge of Elbert County in office on the effective date of this Act. The sitting probate judge shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.
SECTION 3. The governing authority of Elbert County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

____________GEORGIA LAWS 2003 SESSION__________4389
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 2003 session of the General Assembly of Georgia a bill to provide that future elections for the office of probate judge of Elbert County shall be nonpartisan elections; 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 District 78 and further deposes and says 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 February 26,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TOM MCCALL Tom McCall Representative, District 78
Sworn to and subscribed before me, this 3rd day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.

4390 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LONG COUNTY - BOARD OF EDUCATION; COMPENSATION.
No. 296 (House Bill No. 710).
AN ACT
To amend an Act providing for the election of the Board of Education of Long County, approved March 23, 1977 (Ga. L. 1977, p. 3293), as amended, so as to change the compensation of the members of such board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the election of the Board of Education of Long County, approved March 23, 1977 (Ga. L. 1977, p. 3293), as amended, is amended by striking Section 4 and inserting in lieu thereof the following:
"Section 4. Each member of the board of education shall be compensated in the amount of $200.00 per month."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the Board of Education of Long County, approved March 23, 1977 (Ga. L. 1974, p. 3293), as amended, so as to change the compensation of members of the board from $150.00 to $200.00 per month.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hinson Mosley, who on oath deposes and says that he is the Representative from District 129, Post 1 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County on January 8,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ HINSON MOSLEY Hinson Mosley Representative, District 129, Post 1

____________GEORGIA LAWS 2003 SESSION__________4391
Sworn to and subscribed before me, this 5th day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
EVANS COUNTY - BOARD OF EDUCATION; NONPARTISAN ELECTIONS.
No. 297 (House Bill No. 713).
AN ACT
To amend an Act providing for the composition of the Board of Education of Evans County and for the election ofthe members ofsaid board, approved March 26,1987 (Ga. L. 1987, p. 4782), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4086), so as to provide for the nonpartisan election of the members of said board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, approved March 26, 1987 (Ga. L. 1987, p. 4782), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4086), is amended by inserting at the end of Section 4 a new subsection (d) to read as follows:
"(d) On and after January 1, 2004, the members of the Board of Education of Evans County shall be elected in nonpartisan elections as provided in Code Section 21-2-139 of the O.C.G.A."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend an Act providing for the composition

4392 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the Board of Education of Evans County and for the election of the members of the board, approved March 26, 1987 (Ga. L. 1987, p. 4782), as amended, particularly by an Act approved April 5,1995 (Ga. L. 1995, p. 4086), and by an Act approved April 4, 1997 (GA. L. 1997, p. 3596), so as to provide for the election of board members and chairmen by nonpartisan election, and for other purposes.
This 13th day of February, 2003.
Paula O. Raley
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 District 121, Post 1 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Claxton Enterprise which is the official organ of Evans County on February 20, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TERRY BARNARD Terry Barnard Representative, District 121, Post 1
Sworn to and subscribed before me, this 5th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
DOWNTOWN STATESBORO DEVELOPMENT AUTHORITY DISTRICT BOUNDARIES.
No. 299 (House Bill No. 728).
AN ACT
To amend an Act to create the Downtown Statesboro Development Authority, approved April 9, 1981 (Ga. L. 1981, p. 4821), as amended, so as to change the

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boundaries ofthe territory embraced within the Downtown Statesboro Development Authority District; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to create the Downtown Statesboro Development Authority, approved April 9, 1981 (Ga. L. 1981, p. 4821), as amended, is amended by striking Section 3 and inserting in lieu thereof the following:
"SECTIONS. District.
There is hereby created within the City of Statesboro the Downtown Statesboro Development Authority District which shall be composed of all that territory embraced within the following description:
All those certain tracts or parcels of land lying and being in the 1209th G.M. District of Bulloch County, Georgia and in the City of Statesboro, and more particularly described as follows: Beginning at the intersection of U.S. Highway 80 and North College Street and running thence South on North College Street to West Main Street; running thence West on West Main Street to Institute Street; running South on Institute Street to its intersection with West Grady Street; running thence East on West Grady Street to its intersection with South College Street; running thence South on South College Street to its intersection with Rackley Street; running thence across South Walnut Street to South Main Street; running thence along South Main Street to its intersection with Tillman Road; running thence Northerly on Tillman Road to its intersection with Georgia Highway No. 67; running thence North on Zetterower Avenue to a point on South Zetterower Avenue which is North of Woodrow Avenue intersection; running thence Northerly to U.S. Highway 80; running thence Westerly on U.S. Highway 80 to the point of beginning at the intersection of U.S. Highway 80 and North College Street. The above area encompassed shall also allow real property owners within 200 feet of the outer boundary with property contiguous to the district to become a part of the territory encompassed by the Downtown Statesboro Development Authority District, provided such businesses or property are not located more than 200 feet from the outer boundary as described above."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

4394 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOTICE OF INTENT TO INTRODUCE LOCAL BILL
By resolution of the mayor and City Council of Statesboro and pursuant to O.C.G.A. Section 28-1-14, notice is hereby given of the intention to introduce a local bill for consideration by the General Assembly of Georgia. The local bill will amend Section 2-98 of the Downtown Statesboro Development Authority Act so as to enlarge the boundaries of the Downtown Statesboro Development Authority district and to repeal any laws in conflict therewith.
MAYOR AND CITY COUNCIL OF STATESBORO
By: William S. Hatcher, II, Mayor Sam L. Brannen, P.C. P.O. Box 905 Statesboro, GA 30459
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who on oath deposes and says that he is the Representative from District 101 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County on January 23,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BOB LANE Bob Lane Representative, District 101
Sworn to and subscribed before me, this 6th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.

____________GEORGIA LAWS 2003 SESSION__________4395
CITY OF DACULA - CITY COUNCIL; QUORUM AND VOTING; EMERGENCIES; MAYOR; POWERS AND DUTIES.
No. 300 (House Bill No. 730).
AN ACT
To amend an Act creating a charter for the City of Dacula, approved February 21, 1978 (Ga. L. 1978, p. 3040), as amended, so as to change certain provisions regarding a quorum and voting; to change certain provisions relating to emergencies; to change certain provisions regarding powers and duties of the mayor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a charter for the City of Dacula, approved February 21, 1978 (Ga. L. 1978, p. 3040), as amended, is amended by striking Section 2.19 and inserting in its place a new Section 2.19 to read as follows:
"SECTION 2.19. Quorum; voting.
Three council members shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the minutes of the council but any member of the council shall have the right to request a roll-call vote. The affirmative vote ofthe majority ofthose council members present shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter.*
SECTION 2. Said Act is further amended by striking Section 2.22 and inserting in its place a new Section 2.22 to read as follows:
"SECTION 2.22. Emergencies.
To meet a public emergency affecting life, health, property, or pubic peace, the council may convene on call of the mayor or one council member 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

4396 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. It shall become effective upon adoption or as such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances."
SECTION 3. Said Act is further amended by striking subsection (f) of Section 2.27 and inserting a new subsection (f) and adding a new subsection (g) to read as follows:
"(f) be entitled to cast his or her vote in order to break a tie vote of the council on any matter; and (g) perform other duties as may be required by general state law, charter, or ordinance.'
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 2003 regular session of the General Assembly of Georgia a bill to amend an Act creating a charter for the City of Dacula, approved February 21,1978 (Ga. L. 1978, p. 3040), as amended and for other purposes.
This 27th day of February, 2003.
Donna Sheldon State Representative, District 71
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donna Sheldon, who on oath deposes and says that she is the Representative from District 71, Post 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the

____________GEORGIA LAWS 2003 SESSION__________4397
Gwinnett Daily Post which is the official organ of Gwinnett County on February 27,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DONNA SHELDON Donna Sheldon Representative, District 71, Post 2
Sworn to and subscribed before me, this 6th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
TOWN OF NEWBORN - NEW CHARTER.
No. 301 (House Bill No. 734).
AN ACT
To provide a new charter for the Town of Newborn; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor, mayor pro tempore, and town council and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, a town treasurer, a police chief, a fire chief, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to

4398 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provide for bonds for officials; to provide for prior ordinances and rules and pending matters; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This town and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style Town of Newborn, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries as stated in charter of 1913.
Said corporation, the Town of Newborn, shall include all the territory embraced in the circle whose center shall be at the point ofthejunction ofGeorgia Highway 142 (formerly Main Street) and Johnson Street, as said highway and street are currently designated in said town, and whose radius shall be three-fourths of a mile in length and said corporation shall include the area in said circle which lies within the County of Newton.
SECTION 1.12. Municipal powers and construction.
(a) This town shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This town shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention a particular power shall not be construed as limiting in any way the powers of this town.
SECTION 1.13. Examples of powers.
The powers of this town shall include, but not be limited to, the following:

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(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the town; (2) Alcoholic beverages. The keeping for sale, selling, or offering for sale of any spirituous, vinous, malt, or fermented wines or liquors within the corporate limits of said town shall be regulated by the Town of Newborn as provided by law. The mayor and council of Newborn shall have power or authority to license the sale thereof, consistent with the laws of the State of Georgia, and it shall be their duty to enforce this by the enactment of necessary ordinances with suitable penalties for violation; (3) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (4) Appropriations and expenditures. To make appropriations for the support of the government of the town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the town; (5) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all building and housing trades; (6) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any town fees or taxes; (7) Cemeteries. The mayor and council shall have jurisdiction over all cemeteries belonging to or located in said town, and may provide by ordinance for a public cemetery. They may appoint such employees to superintend the care thereof as they deem proper. They may enact ordinances to prevent trespass therein and to prevent any person from defacing any work therein. They may regulate the charges for grave digging, hearse fees, and any and every thing pertaining to the care and operation of such cemeteries; (8) Condemnation. To condemn property, both inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (9) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations;

4400 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(10) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the town and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the town; (11) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the town through the preservation and improvement ofair quality, the restoration and maintenance ofwater resources, the c ontrol o f e rosion a nd s edimentation, the m anagement o f s olid a nd hazardous waste, and other necessary actions for the protection of the environment; (12) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (13) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the town from all individuals, firms, and corporations residing in said town or doing business therein and benefitting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (14) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town and to provide for the enforcement of such standards; (15) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (16) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (17) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the town; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (18) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the town; (19) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town; and to

__________GEORGIA LAWS 2003 SESSION__________4401
confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (20) Municipal debts. To appropriate and borrow money for the payment of debts ofthe town and to issue bonds for the purpose ofraising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (21) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the town; (22) Municipal property protection. To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; to provide for the withdrawal of service for refusal or failure to pay the same; to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the town; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the town as provided by ordinance; (24) Nuisances. To define a nuisance and provide for its abatement'whether on public or private property; (25) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (26) Planning and zoning. To provide comprehensive town planning for development by zoning; and to provide subdivision regulation and the like as the mayor and council deem necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers; and to establish, operate, or contract for a police and a fire-fighting agency; (28) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (29) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, correctional, detentional, penal, and medical institutions, agencies, and

4402 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
facilities; to provide any other public improvements, inside or outside the corporate limits of the town; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of intoxication, riots, and public disturbances; (31) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (33) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the town; and to prescribe penalties and punishment for violation of such ordinances; (34) Retirement. To provide and maintain a retirement plan for officers and employees of the town; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; to negotiate and execute leases over, through, under, or across any town property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the town for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the town; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (36) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of

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the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (37) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; (38) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation ofintoxicating liquors and drugs, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (39) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (40) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (41) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (42) Trees. To adopt and enforce ordinances for the protection and preservation of trees on the streets, public places, cemeteries, and parks in said town and to prevent the cutting, impairing, or mutilations thereofby telephone, telegraph, or electric light linemen or employees or any other person unless the same is done under and with the express and formal consent of the mayor and council or some officer appointed by them to direct the same and then only when absolutely necessary for the public service or safety; (43) Urban redevelopment. To organize and operate an urban redevelopment program; (44) Vehicles for hire. To regulate and license vehicles operated for hire in the town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; and (45) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of

4404 LOCAL AND SPECIAL ACTS AND RESOLUTIONS. VOL. II
particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. Town council creation; number; election.
The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and four council members. The mayor and council members shall be elected in the manner provided by this charter.
SECTION2.il. Town council terms and qualifications for office.
The members of the town council shall serve for terms of four years and until their respective successors are elected and sworn in. No person shall be eligible to serve as mayor or council member unless he or she shall have been a resident of the town for 12 months prior to the date of qualification for the election of mayor or council member, as the case may be. Each such official shall continue to reside in the town during his or her period of service and continue to be registered and qualified to vote in municipal elections of the town.
SECTION 2.12. Vacancy; suspensions; filling of vacancies.
(a) Vacancy. The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, by appointment of the mayor and council. A failure to take the oath of office within 15 days after the first day of January,

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unless for providential cause, shall operate to vacate the office of the mayor or council member. (b) Suspension. Upon the suspension from office of the mayor or council member in any manner authorized by the general laws of the State of Georgia, the mayor and council, or those remaining, shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (c) Filling vacancy. In the event of a vacancy in the office of mayor or council member prior to the expiration of a regular term of office, the remaining council members and mayor, as provided in subsection (a) of this section, shall fill the vacant office for the unexpired term, provided that the person or persons selected shall meet the requirements of Section 2.11 of this charter.
SECTION 2.13. Compensation and expenses.
The mayor and council members shall receive compensation and expenses for their services as provided by ordinance. The mayor and council members shall not receive any salary.
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Officers as trustees. Elected and appointed officers of the town are trustees and servants of the residents of the town and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest. No elected official, appointed officer, or employee of the town or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence ofhis or her judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge ofhis or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever, in business

4406 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent private interests in any legal action or proceeding against this town or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the town shall disclose such private interest to the town council. The mayor or any council member who has a private interest in the matter pending before mayor and council shall disclose such private interest and such disclosure shall be entered on the records of the town council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (d) Use of public property. No elected official, appointed officer, or employee of the town or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by mayor and council or the governing body of such agency or entity. (e) Contracts voidable and rescindable. Any violation ofthis section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the mayor and council. (f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in town government during the term for which he or she was elected. (g) Penalties for violation. (1) Any town officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position. (2) Any officer or employee of the town who shall forfeit his or her office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the town government for a period of three years thereafter.

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SECTION 2.15. Inquiries and investigations.
The mayor and council may make inquiries and investigations into the affairs ofthe town and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by mayor and council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the mayor and council.
Except as otherwise provided by law or this charter, the mayor and council shall be vested with all the powers of government of this town as provided by Article I of this charter.
SECTION 2.17. Eminent domain.
The mayor and council are empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, correctional, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the corporate limits of the town and to regulate the use thereof, and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meetings.
The mayor and council shall hold an organizational meeting on the first Monday of their term of office, unless such date falls on a holiday, then on the second Monday. The meeting shall be called to order by a legal officer of the court, and the oath of office shall be administered to the mayor and council members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of(mayor) (council member) of this town and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."

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SECTION 2.19. Regular and special meetings.
(a) The mayor and council shall hold regular meetings at such times and places as prescribed by ordinance or resolution. (b) Special meetings of the mayor and council may be held on call of the mayor or a minimum of two members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the mayor and council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible prior to such meetings.
SECTION 2.20. Rules of procedure.
(a) The mayor and council may adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of proceedings, which shall be a public record. (b) All committees, boards, and commissions of citizens shall be appointed by the mayor and council and shall serve at their pleasure. The mayor and council shall have the power to appoint new members to any committee at any time; each committee may appoint its own chairperson, if said chairperson has not been specially appointed by the mayor and council.
SECTION 2.21. Quorum; voting.
Three council members, one of whom may be the mayor, shall constitute a quorum and shall be authorized to transact business of the town council. Voting on the adoption of ordinances shall be by voice vote or raising of right hand and the vote shall be recorded in the journal, but any member of the town council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of the majority of the quorum in attendance shall be required for the adoption of any ordinance, resolution, or motion.

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SECTION 2.22. Ordinance form; procedure.
(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject that is not expressed in its title. The enacting clause shall be "The Council of the Town of Newborn hereby ordains" and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by mayor and council in accordance with the rules which they shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as mayor and council may designate.
SECTION 2.23. Action requiring an ordinance.
Acts of the mayor and council that have the force and effect of law shall be enacted by ordinance or resolution.
SECTION 2.24. Emergencies.
To meet a public emergency affecting life, health, property, or public peace, the mayor and council may convene on call of the mayor or a council member and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing such emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of a quorum shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

4410 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.25. Code of technical regulations.
(a) The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances and resolutions adopted by the council. (b) The mayor and council shall provide for the preparation of a general compilation of ordinances, as required under Georgia law, of all the ordinances of the town having the force and effect of law. The general compilation shall be adopted by the mayor and council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the mayor and council may specify. This compilation shall be known and cited officially as "The Code of the Town of Newborn, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the town and shall be made available for purchase by the public at a reasonable price as fixed by the mayor and council. (c) The mayor and council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the mayor and council. Following publication of the first compilation under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as said first compilation and shall be suitable for incorporation therein. The mayor and council shall make such further arrangements as deemed desirable with the reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

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SECTION 2.27. Election of mayor; forfeiture; compensation.
The mayor shall be elected and shall serve for a term of four years and until his or her successor is elected and qualified. The mayor shall be a qualified elector ofthe town and shall have been a resident of the town for 12 months prior to his or her qualification for his or her election. The mayor shall continue to reside in this town during the period of his or her service. He or she shall forfeit his or her office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members.
SECTION 2.28. Chief executive officer.
The mayor shall be the chief executive of the town. The mayor shall possess all of the executive and administrative power granted to the town under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter.
SECTION 2.29. Powers and duties of mayor.
As the chief executive of this town, the mayor shall: (1) Preside at all meetings of the town council; (2) Be the head of the town for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the town and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the town all written and approved contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; (5) Vote on matters before mayor and council and be counted toward a quorum as any other council member; (6) Have prepared and submitted to the council, with council input, a recommended annual operating budget and recommended capital budget; (7) Assign council members to their committees of responsibilities at the first scheduled council meeting of the term of office; and (8) Fulfill such other executive and administrative duties as the mayor and council shall establish by ordinance.

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SECTION 2.30. Mayor pro tempore; selection; duties.
By a majority vote, the mayor and council shall elect a council member to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the town council and shall assume the duties and powers of the mayor upon the mayor's disability or absence. The mayor and council by a majority vote shall elect a new presiding officer from among the council members for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all council members.
ARTICLE III ADMINISTRATIVE AFFAIRS
A. Organization and General Provisions.
SECTION 3.10. Department heads.
(a) Except as otherwise provided in this charter, the mayor and council by resolution shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the town and establish professional qualifications as necessary for the proper administration of the affairs and government of the town. (b) Except as otherwise provided by this charter or by law, all appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers shall receive such compensation as prescribed by ordinance or resolution. (d) The town clerk shall be the principal administrative officer of the Town of Newborn, subject to the direction and supervision of the mayor, and be responsible for the administration and direction of the affairs and operations of the town. (e) The mayor, with the consent of the council, may suspend or remove any and all appointed town officials.
SECTION3.il. Boards, commissions.
(a) The mayor and council shall create by ordinance or resolution such boards, commissions, and authorities to fulfill any functions that the mayor and council deem necessary and shall by ordinance or resolution establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the town shall be appointed by the mayor and council for such terms of office and in such manner as

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shall be provided by ordinance or resolution, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The mayor and council by ordinance or resolution may provide for the compensation and reimbursement for actual and necessary expenses ofthe members of any board, commission, or authority. (d) Except as otherwise provided by this charter or by law, no member of any board, commission, or authority shall hold any elective office in the town; this charter shall specifically permit elected town officials to serve on said boards, commissions, or authorities as an uncompensated member. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed in this section for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the town an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance or resolution and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the town council, (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town may elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the town, provided that the mayor and council did not specially appoint a chairperson at the time of appointment. Each board may pass rules and regulations, not inconsistent with this charter, ordinances of the town, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such rules and regulations, as they exist, shall be filed with the clerk of the town.
B. Administrative Officers.
SECTION 3.12. Town attorney.
The mayor and council shall appoint a town attorney at the first scheduled meeting of the calendar year, together with such assistant town attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party; may be solicitor in the municipal court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as town attorney. This appointment is terminable at will by the mayor and council.

4414 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.13. Town clerk.
The mayor and council shall appoint a town clerk at the first scheduled meeting of the calendar year, who shall not be a council member. The town clerk shall be custodian of the official town seal; maintain town council records required by this charter; and perform such other duties as may be required by the town council. This appointment is terminable at will by the mayor and council.
SECTION 3.14. Town treasurer.
The mayor and council may appoint a town treasurer at the first scheduled meeting of the calendar year to collect all taxes, licenses, fees, and other moneys belonging to the town subject to the provisions of this charter and the ordinances of the town and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the town. The town treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. This appointment is terminable at will by the mayor and council.
SECTION 3.15. Chief of police.
The mayor and council may appoint a chief of police at the first scheduled meeting of the calendar year to perform the duties as the administrative officer of the police department and have all the powers of an arresting officer within the Town of Newborn; he or she shall further have all the powers usual and incident to such office; he or she shall have the power to serve all papers, summons, and citations and execute all writs and executions directed by the town and the State of Georgia; he or she shall perform all duties prescribed by state law and by this charter; and he or she shall carry out such other duties as the mayor and council may lawfully direct. The town through the mayor and council shall have the power to hire additional police officers to assist the chief of police in his or her duties and to act in his or her stead. This appointment is terminable at will by the mayor and council.
SECTION 3.16. Municipal judge.
The mayor and council may appoint a municipal judge at the first scheduled meeting of the calendar year whose duty it shall be to try all cases of violation of the town ordinances and perform such functions and acts as may be laid upon him or her by the provisions of this charter or shall be from time to time placed upon him or her by the ordinances or bylaws adopted by the mayor and council of the

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Town of Newborn. This appointment is terminable at will by the mayor and council.
SECTION 3.17. Fire chief.
The mayor and council may appoint a fire chief at the first scheduled meeting of the calendar year whose duty it shall be to perform the duties of the administrative officer of the fire department and have all the powers usual and incident to such office. The town through the mayor and council shall have the power to specify such powers through resolution as it sees fit and have the power to hire additional firefighters to assist the fire chief in his or her duties and to act in his or her stead. This appointment is terminable at will by the mayor and council.
SECTION 3.18. Other administrative officers.
Nothing in Sections 3.12 through 3.17 of this charter shall prohibit the mayor and council from appointing other administrative officers as they deem necessary.
C. Personnel Administration.
SECTION 3.19. Position classification and pay plan.
The town clerk, upon direction from the mayor and council, shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the mayor and council for approval. Such plan shall apply to all employees of the town and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the mayor and council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed town officials are not town employees.
SECTION 3.20. Personnel policies.
The mayor and council, upon the vote of a majority thereof, may adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application ofservice ratings thereto, and transfer ofemployees within the classification plan;

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(3) Hours ofwork, vacation, sick leave, other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Municipal court.
The mayor and council shall have authority to create by resolution a court to be known as the Municipal Court of the Town of Newborn.
SECTION 4.11. Judges.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 25 years and shall have a high school diploma or its equivalent. The chiefjudge shall be nominated and appointed by the mayor and council and shall serve at the pleasure of the mayor and council. All other judges shall be nominated by the chiefjudge and appointed by the mayor and town council. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed by a vote of three members of the town council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the town council journal required in Section 2.20 of this charter.
SECTION 4.12. Convening of court.
The municipal court shall be convened at regular intervals as provided by ordinance.

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SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of its charter, all town ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $ 1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking ofprisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance ofpersons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu ofbond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the town or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest ofpersons charged with offenses against any ordinance ofthe town and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the town, (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this town granted by law to municipal courts and

4418 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violations cases and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Newton County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the mayor and council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that mayor and council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the town clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
A. General Law.
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
B. Election Of Officers.
SECTION 5.11. Election of mayor and council members.
(a) There shall be a municipal general election on the Tuesday following the first Monday in November, 2005, and every four years thereafter. (b) There shall be elected all four council members and the mayor at the next election under this new charter and at every other election thereafter.

___________GEORGIA LAWS 2003 SESSION__________4419
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for town offices and all names of candidates for town offices shall be listed without party designations.
SECTION 5.13. Election by plurality.
The person receiving a plurality of the votes cast for any town office shall be elected.
SECTION 5.14. First election under this charter.
The first municipal election after the adoption of this charter shall be held in November, 2005, at which all council member positions, each of which shall be elected at large, shall be filled. All persons giving notice of candidacy for a town council seat shall designate the post being sought. All council member positions shall be filled at this first election for an initial term of four years and until their respective successors are elected and sworn in such that a continuing body is created. Each council member elected shall serve a full term as provided in Section 2.11 of this charter. The office of mayor shall be filled at the election in November, 2005, for an initial term of four years and until his or her successor is elected and sworn in such that continuing position of mayor is created. The mayor elected shall serve a full term as provided in Section 2.27 of this charter. The position of the mayor shall be filled every four years hereafter.
C. Other Provisions.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the mayor and council shall by resolution prescribe such rules and regulations as they deem appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
SECTION 5.16. Removal of officers.
(a) The mayor, council members, or appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

4420 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This mandatory removal for cause due as provided in Title 45 of the O.C.G. A. shall not limit the language in this Act that establishes that appointed officers' appointments are terminable at will by the mayor and council, (b) Removal of a mayor or council member pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. The mayor or council member shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The mayor and council may provide by ordinance for the manner in which such hearing shall be held. The mayor or council member sought to be removed from office as herein provided shall have the right to be heard, to present witnesses, to cross-examine witnesses testifying against him or her, and shall also have the right of appeal from the decision of the mayor and council to the Superior Court of Newton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Newton County following a hearing on a complaint seeking such removal brought by any resident of the Town of Newborn.
ARTICLE VI FINANCE
A. Taxation and Various Fees.
SECTION 6.10. Property tax.
The mayor and council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the town government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the mayor and council in their discretion.
SECTION 6.11. Millage rate; due date; payment methods.
The mayor and council by resolution may establish a millage rate for the town property tax, a due date, and the time period within which these taxes must be paid. The mayor and council by resolution may provide for the payment of these taxes by voluntary payment of taxes prior to the time when due.

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SECTION 6.12. Occupation taxes and business taxes.
The mayor and council by resolution shall have the power to levy such occupation or business taxes allowed by law. Such taxes may be levied on both individuals and corporations who transact business in this town or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this town to be so taxed. The mayor and council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory licenses, fees, permits.
The mayor and council by resolution shall have the power to require any individuals or corporations who transact business in this town or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the town and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude town regulation. Such fees may reflect the total cost to the town of regulating the activity and, ifunpaid, shall be collected as provided in Section 6.18 ofthis charter. The mayor and council by resolution may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
SECTION 6.14. Franchises.
The mayor and council shall have the power to grant franchises for the use of the town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The mayor and council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the town receives just and adequate compensation therefor. The mayor and council shall provide for the registration of all franchises with the town clerk in a registration book kept by the clerk. The mayor and council may provide by resolution for the registration within a reasonable time of all franchises previously granted.

4422 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.15. Services charges.
The mayor and council by resolution shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, fire services, or any other services provided or made available within and outside the corporate limits of the town for the total cost to the town of providing or making available such services. Ifunpaid, such fees, charges, and tolls shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The mayor and council, by resolution, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Construction; other taxes and fees.
The town shall be empowered to levy any other tax allowed now or hereafter by law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this town to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The mayor and council by resolution may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking town licenses for failure to pay any town taxes or fees; and providing for the assignment or transfer of tax executions.

____________GEORGIA LAWS 2003 SESSION__________4423
B. Borrowing.
SECTION 6.19. General obligation bonds.
The mayor and council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
The mayor and council may issue revenue bonds as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The town may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Lease-purchase contracts.
The town may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted. The town may further enter into lease, purchase, and lease-purchase contracts for its property as is permitted by law.
C. Accounting and Budgeting.
SECTION 6.23. Fiscal year.
The mayor and council shall set the fiscal year by resolution. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the town government.

4424 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.24. Preparation of budget.
The mayor and council shall provide a resolution on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
SECTION 6.25. Submission of budget to town council.
On or before a date fixed by the mayor and council, but not later than 60 days prior to the beginning of each fiscal year, the mayor, after soliciting council input, shall submit to the council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the town, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget and the capital improvements budget provided for in Section 6.24 of this charter, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection.
SECTION 6.26. Action by town council on budget.
(a) The mayor and council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The mayor and council, by resolution, shall adopt the final operating budget for the ensuing fiscal year not later than December 31 of each year. If the mayor and council fail to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the mayor and council adopt a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations resolution setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation resolution adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit and no expenditure shall be

_____________GEORGIA LAWS 2003 SESSION__________4425
made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation or allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
Following adoption of the operating budget, the mayor and council shall levy by resolution such taxes as are necessary. The taxes and tax rates set by such resolution shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the town.
SECTION 6.28. Changes in appropriations.
The mayor and council, by resolution, may make changes in the appropriations contained in the current operating budget at any regular meeting or any special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Independent audit.
There shall be an annual independent audit of all town accounts, funds, and financial transactions by a certified public accountant selected by the mayor and council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
D. Procurement and Property Management.
SECTION 6.30. Contracting procedures.
No contract with the town shall be binding on the town unless it is made pursuant to procedures established by mayor and council and:
(1) It is in writing; (2) It is drawn by or submitted to and reviewed by the town attorney and, as a matter of course, it is signed by the town attorney to indicate such drafting or review; and

4426 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) It is made or authorized by the mayor and council and such approval is entered in the town journal of proceedings pursuant to Section 2.20 of this charter.
SECTION 6.31. Centralized purchasing.
The mayor and council shall by resolution prescribe procedures for a system of centralized purchasing for the town.
SECTION 6.32. Sale and lease of town property.
(a) The mayor and council may sell and convey any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The mayor and council may quitclaim any rights the town may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the town, the mayor and council may authorize the mayor to execute and deliver in the name of the town a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the town. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this town, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the mayor and council shall from time to time require by ordinance or as may be provided by law.

____________GEORGIA LAWS 2003 SESSION_________ 4427
SECTION 7.11. Prior ordinances.
All ordinances, resolutions, rules, and regulations that are now in force in the town and are not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the town council.
SECTION 7.12. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue, and any such ongoing work or cases shall be completed by such town agencies, personnel, or offices as may be provided by the town council.
SECTION 7.13. Definitions and construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.14. Severability.
Ifany article, section, subsection, paragraph, sentence, or part thereofofthis charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, or part thereof be enacted separately and independent of each other.
SECTION 7.15. Specific repealer.
An Act providing a new charter for the Town ofNewborn in the County ofNewton, approved April 13, 2001 (Ga. L. 2001, p. 4229), is repealed in its entirety.

4428 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.16. Effective date.
This charter shall become effective on July 1, 2003.
SECTION 7.17. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATURE FOR THE TOWN OF NEWBORN
Notice is given that there will be introduced at the regular 2003 Session of the General Assembly of Georgia a bill establishing a new charter for the Town of Newborn; and for other purposes. A copy of the proposed new charter, with changes from the current charter shown in underlining and with strike throughs, is available at the Newborn Town Hall during regular business hours. Citizens are welcome to inspect the amended charter.
This 25th day of February, 2003.
Kay Clark, Town Clerk
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Douglas, who on oath deposes and says that he is the Representative from District 73 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ ofNewton County on March 4,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHN DOUGLAS John Douglas Representative, District 73
Sworn to and subscribed before me, this 14th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

____________GEORGIA LAWS 2003 SESSION__________4429
My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
CITY OF STOCKBRIDGE - ELECTED OFFICIALS; HOLDING OTHER APPOINTED POSITIONS.
No. 302 (House Bill No. 750).
AN ACT
To amend an Act creating a new charter for the City of Stockbridge, approved April 4,1991 (Ga. L. 1991, p. 4359), as amended, so as to revise certain provisions relating to membership ofelected officials on boards, commissions, and authorities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, is amended by striking subsection (d) of Section 4.11 and inserting in lieu thereof a new subsection (d) of Section 4.11, to read as follows:
"(d) An elected official of the city will not be disqualified from holding an appointment to any state, county, or city board, commission, committee, or authority. An elected official of the city will not be prohibited from receiving compensation for services and reimbursement for expenses while serving on any state, county, or city board, commission, committee, or authority."
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 2003 Session of the General Assembly of Georgia a bill to amend the Act creating a new Charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended; and for other purposes.

4430 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
This 13th day of February, 2003.
Mike Crotts Senator, District 17
Joann McClinton Representative, District 59
George Maddox Representative, District 59
Howard Mosby Representative, District 59
Pam S. Stephenson Representative, District 60
Stan Watson Representative, District 60
Teresa Greene-Johnson Representative, District 60
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 District 85, Post 2 and further deposes and says 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 February 21, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHN LUNSFORD John Lunsford Representative, District 85, Post 2
Sworn to and subscribed before me, this 6th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.

____________GEORGIA LAWS 2003 SESSION__________4431
DAWSON COUNTY - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; COUNTY TAXES; SENIOR CITIZENS; REFERENDUM.
No. 303 (House Bill No. 754).
AN ACT
To provide a homestead exemption from Dawson County ad valorem taxes for county purposes and Dawson County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 to 74 years of age and who have household incomes not exceeding $25,000.00; to provide a homestead exemption from such taxes for the full value of such homestead for certain residents of that school district who are 75 years of age or older and who have household incomes not exceeding $25,000.00; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PARTI SECTION 1.
For purposes of this part, the term: (1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Dawson County, including, but not limited to, taxes to pay interest on and to retire bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Income" means Georgia taxable net income, as defined by Georgia income tax law; provided, however, that net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his or her spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as net income for the purposes of this Act.
SECTION 2. (a)(l) Each resident of Dawson County who is at least 62 years of age but less than 75 years of age on or before January 1 of the year in which application for the exemption under this part is made is granted an exemption on that person's

4432 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
homestead from all Dawson County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person and all other members of such person's family who reside within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) Each resident of Dawson County who is 75 years of age or older on or before January 1 of the year in which application for the exemption under this part is made is granted an exemption on that person's homestead from all Dawson County ad valorem taxes for county purposes in the amount ofthe full value of that homestead, if that person's income, together with the income of the spouse of such person and all other members of such person's family who reside within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Dawson County giving the person's age, and the amount of income which the person, the person's spouse, and all other members of such person's family residing within such homestead received during the immediately preceding taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
SECTION 3. The tax commissioner of Dawson County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this part, it shall not be necessary to make application and file such affidavit thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Dawson County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.

____________GEORGIA LAWS 2003 SESSION__________4433
SECTION 5. The exemption granted by this part shall not apply to or affect any state taxes, municipal taxes, independent school district taxes, or Dawson County school district taxes for educational purposes. The homestead exemption granted by this part shall be in addition to and not in lieu of any other homestead exemption applicable to Dawson County ad valorem taxes for county purposes.
SECTION 6. The exemption granted by this part shall apply to all taxable years beginning on or after January 1, 2005.
PART II SECTION 1.
For purposes of this part, the term: (1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Dawson County School District, including, but not limited to, taxes to pay interest on and to retire school bond indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Income" means Georgia taxable net income, as defined by Georgia income tax law; provided, however, that net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his or her spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as net income for the purposes of this Act.
SECTION 2. (a)(l) Each resident of the Dawson County School District who is at least 62 years of age but less than 75 years of age on or before January 1 of the year in which application for the exemption under this part is made is granted an exemption on that person's homestead from all Dawson County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person and all other members of such person's family who reside within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) Each resident of the Dawson County School District who is 75 years of age or older on or before January 1 of the year in which application for the exemption under this part is made is granted an exemption on that person's

4434 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
homestead from all Dawson County School District ad valorem taxes for educational purposes in the amount of the full value of that homestead, if that person's income, together with the income of the spouse of such person and all other members of such person's family who reside within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Dawson County giving the person's age, and the amount of income which the person, the person's spouse, and all other members of such person's family residing within such homestead received during the immediately preceding taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
SECTION 3. The tax commissioner of Dawson County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this part, it shall not be necessary to make application and file such affidavit thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Dawson County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 5. The exemption granted by this part shall not apply to or affect any state taxes, municipal taxes, independent school district taxes, or Dawson County taxes for county purposes. The homestead exemption granted by this part shall be in addition to and not in lieu of any other homestead exemption applicable to Dawson County School District ad valorem taxes for educational purposes.
SECTION 6. The exemption granted by this part shall apply to all taxable years beginning on or after January 1, 2005.

____________GEORGIA LAWS 2003 SESSION__________4435
PART III SECTION 1.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Dawson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Dawson County and the electors ofthe Dawson County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2004, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Dawson County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Dawson County ad valorem taxes for county purposes and
NO ( ) Dawson County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that county and school district who are between 62 and 74 years of age and who have household incomes not exceeding $25,000.00 and in the amount of the full value of the homestead for residents ofthat county and school district who are 75 years of age or older and who have household incomes not exceeding $25,000.00?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Parts I and II of this Act shall become of full force and effect on January 1, 2005. If the Act is not so approved or if the election is not conducted as provided in this section, Parts I and II of this Act s hall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Dawson County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 2. Except as otherwise provided in Section 1 of this part, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

4436 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 2003 Session of the General Assembly of Georgia a bill to provide a homestead exemption from Dawson County ad valorem taxes for county purposes and Dawson County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 to 74 years of age and who have household incomes not exceeding $25,000.00; to provide A homestead exemption from such taxes for the full value of such homestead for certain residents of that school district who are 75 years of age or older and who have household incomes not exceeding $25,000.00; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Ralston, who on oath deposes and says that he is the Representative from District 6 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dawson Community News which is the official organ of Dawson County on March 5,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID RALSTON David Ralston Representative, District 6
Sworn to and subscribed before me, this 24th day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.

____________GEORGIA LAWS 2003 SESSION__________4437
LIBERTY COUNTY - BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 304 (House Bill No. 756).
AN ACT
To create a board of elections and registration for Liberty County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish certain boards and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the members of the board and elections supervisor; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for the specific repeal of an Act providing for the board of elections of Liberty County, approved March 19, 1993 (Ga. L. 1993, p. 4174), 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. Pursuant to subsection (b) ofCode Section 21 -2-40 ofthe O.C.G.A., there is created the Liberty County Board of Elections and Registration. The board shall have the powers and duties ofthe election superintendent relating to the conduct ofprimaries and elections and shall have the powers and duties ofthe board ofregistrars relating to the registration of voters and absentee balloting procedures.
SECTION 2. (a) The board shall be composed of seven members, each of whom shall be an elector and resident of Liberty County.
(b)(l) One member shall be appointed by the Liberty County executive committee of the political party whose candidate, at the last preceding general election, received the largest number of votes in this state for Governor. (2) One member shall be appointed by the Liberty County executive committee of the political party whose candidate at the last preceding general election received the next largest number of votes in this state for Governor. (3) Each of the appointments made by the respective executive committees shall have been ratified by a majority of the members of each of such

4438 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
respective executive committees voting at a meeting duly called and held for such purposes. In the event such appointments are not ratified by a majority of the members of such executive committees, then such members shall be appointed in accordance with the provisions of Section 3 of this Act. (4) Five members shall be appointed by the governing authority of Liberty County. (5) The governing authority ofLiberty County shall select one ofthe members of the board to serve as chairperson. (c) The first members of the board shall be appointed for initial terms of office beginning July 1, 2003, and ending December 31, 2006. After the initial terms of office, successors to members whose terms are to expire shall be appointed to take office on the first day of January immediately following the expiration of such initial terms of office and shall serve for terms of four years each and until their successors are duly appointed and qualified. (d) No person who holds public office, whether elective or appointive, shall be eligible to serve as a member of the board during the term of such office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office or appointment to public office.
SECTION 3. (a) The appointment of each member shall be made by the governing authority's filing with the clerk of the Superior Court of Liberty County an affidavit which states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Act. The affidavit for the member who has been appointed as chairperson of the board shall also specify that member's position as chairperson. The clerk of the superior court shall record each such certification on the minutes of the court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairperson within the same time and in the same manner as provided by law for registrars. (b) If the governing authority does not, in conformity with this Act, certify an appointment to the board within 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, the judge ofthe Probate Court o f L iberty C ounty s hall i mmediately fill t hat v acancy b y m aking t he appointment thereto and shall certify it as provided in this section. Any person appointed to fill a vacancy shall serve out the unexpired term of office.
SECTION 4. Each member of the board shall be eligible to succeed himself or herself without limitation and shall have the right to resign at any time by giving written notice of his or her resignation to the governing authority and to the clerk of the Superior Court of Liberty County. Each member shall be subject to removal from the board by the governing authority of Liberty County at any time, for cause after notice and

_____________GEORGIA LAWS 2003 SESSION__________4439
hearing, in the same manner and by the same authority as provided for removal of registrars.
SECTION 5. Except as provided in subsection (b) of Section 3 of this Act, in the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, except by expiration of term, the governing authority shall appoint a successor for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
SECTION 6. Before entering upon his or her duties, each member of the board shall take substantially the same oath as required by law for registrars. Each member of the board shall have the same privileges from arrest as registrars.
SECTION 7. On July 1, 2003, the board of elections of Liberty County and the board of registrars of Liberty County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act; and they shall deliver thereafter to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. Also, at such time, the board of elections, the board of registrars, and the office of chief registrar of Liberty County shall be abolished.
SECTION 8. (a) The board shall be authorized to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate for the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board.
SECTION 9. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at the county courthouse. Any specially called meetings, held pursuant to the bylaws adopted by the board, shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information. All meetings of the board, without limitation, shall be open to the public.

4440 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review.
SECTION 10. (a) The board shall be responsible for the selection and appointment of an administrative director, to be known as the elections supervisor, to administer and supervise conduct of elections, primaries, and registration of electors forthe county. The elections supervisor shall serve at the pleasure of the board. The board shall act within 60 days of its members taking office under this Act to retain or appoint an elections supervisor who shall be hired by the board from a job description drawn by said board. (b) In the event the board fails to appoint or retain an elections supervisor to fill a vacancy within the time specified in subsection (a) of this section, an acting elections supervisor who shall fill temporarily such vacancy shall be appointed by the governing authority to serve until the board fills the vacancy.
SECTION 11. The board shall be authorized to employ such full-time and part-time employees, including a full-time chief clerk, as the board shall deem necessary. The governing authority of Liberty County shall have the right to approve the hiring of any such employee.
SECTION 12. With the consent of the governing authority of Liberty County, the board of elections and registration shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.
SECTION 13. Compensation for the members of the board, employees of the board, and the elections supervisor shall be fixed by the board with the approval of the governing authority of Liberty County. Such compensation shall be paid from county funds.
SECTION 14. The governing authority of Liberty County shall provide the board and the elections supervisor with proper and adequate offices and equipment.
SECTION 15. The board is authorized to perform for any municipality located wholly or partially within Liberty County any functions and duties which election superintendents and

____________GEORGIA LAWS 2003 SESSION__________4441
boards of registrars are authorized by general law to perform on behalf of municipalities under such conditions as provided by general law.
SECTION 16. The words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meanings ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act.
SECTION 17. An Act providing for the board of elections of Liberty County, approved March 19, 1993 (Ga. L. 1993, p. 4174), as amended, shall stand repealed in its entirety on July 1,2003.
SECTION 18. This Act shall become effective on July 1, 2003, except that, for purposes of making initial appointments to the board, it shall become effective upon May 1, 2003.
SECTION 19. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the current session of the General Assembly of Georgia legislation to create a Board of Elections and Registration of Liberty County, Georgia, so as to consolidate the existing Board of Elections and Board of Registrars of said County as authorized by O.C.G.A. Section 21-2-40(b), and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy DeLoach, who on oath deposes and says that he is the Representative from District 127 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County on February 21, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BUDDY DELOACH Buddy DeLoach Representative, District 127

4442 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 3rd day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
CITY OF VARNELL - CORPORATE BOUNDARIES.
No. 305 (House Bill No. 759).
AN ACT
To amend an Act providing a new charter for the City of Varnell, approved May 4, 1992 (Ga. L. 1992, p. 6670), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3790), so as to change the corporate boundaries of said city; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Varnell, approved May 4, 1992 (Ga. L. 1992, p. 6670), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3790), is amended by striking subsection (b) of Section 1.11 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) In addition to the territory included within the corporate boundaries of the City ofVarnell pursuant to subsection (a) ofthis section, the following described territory shall also be included within the corporate boundaries of the City of Varnell:
Parcel Numbers 208-11-1 and including all the right of way of all the streets in Kinnamon Estates which are Kinnamon Drive, Alma Lane, and Callie Circle., and additionally, 11-209-01-000, 11-225-02-000 and including all of the right of way of Ga. Hwy. 2 from the west line of Land Lot 208 to the south line of Land Lot 210., and additionally, 11-189-01-005, 11-189-01-004, 11-189-01-006, 11-207-02-000 and including all of the right of way of the Southern Railroad from the south line of Land Lot 189 to the north line of Land Lot 154., and the one foot retained property strip as previously owned or now owned by Macro Properties Corp., Nob North, Inc., or Dalton Federal Savings and Loan Association as it exists along the south line of Land Lot 190

__________GEORGIA LAWS 2003 SESSION__________4443
and 191 from the west line of Land Lot 190 to the west right of way line of Country Way., and additionally, all of the Varnell Cemetery Phase 3, and all ofthe Varnell Cemetery Phase 4 along with all ofthe right ofway of Cemetery Drive from Ga. Hwy. 2 to East Main Street., and additionally, 11-225-26-000, 226-11-1 and all of the right of way of Ga. Hwy. 2 from the east right of way line of the Southern Railroad to the intersection of East Main Street and Ga. Hwy. 2., and additionally, 11-208-3, 11-208-13-000, 11-208-08-000, 11-188-12-000, 11-188-01-000, 11-188-14-000, 11-188-08-000, 11-188-02-000,11-152-10-000,11-152-04-000,11-173-17-000 (Less Lot No. 10), 11 -173-20-000,11 -173-17-011, and including all ofthe right ofway ofthe Cohutta/Varnell Road from a bridge at the south property line of Parcel No. 208-11-3 to the south property line of Parcel No. 152-11-2., and including all of the right way of Vicmiron Drive in Coker Farm Subdivision from the east right of way line of the Cohutta/Varnell Road to the west property line of Lot No. 7, including the culdesac., and additionally, 11-189-02-111, 11-189-02-066 , 11-189-02-078, 11-189-02-111, 11,189-02-036, 11-189-02-064 , 11-189-02-060, 11-189-02-086, 11-189-02-028, 11-189-02-071 , 11-189-02-099, 11,189-02-085, 11-172-01-027, 11-189-02-070 , 11-189-02-022, 11-189-02-092, 11-189-02-017, 11-189-02-023 , 11-172-01-003, 11-189-02-069, 11-172-01-005, 11-172-01-004 , 11-189-02-077, 11-172-01-026, 11-172-01-016, 11-172-01-006 , 11-189-02-041, 11-172-01-024, 11-172-01-015, 11-172-01-025 , 11-172-01-002, 11-189-02-087, 11-189-02-102, 11-189-02-038 , 11-189-02-040, 11-189-02-039, 11-172-02-001, 11-172-02-005 , 11-172-02-015, 11-189-02-068, 11-172-01-007, 11-189-02-104 , 11-172-01-028, 11-172-01-012, 11-172-01-013, 11-189-02-098 , 11-189-02-061, 11-172-01-011, 11-172-02-028, 11-172-02-002 , 11-172-02-029, 11-172-01-018, 11-172-02-030, 11-172-02-004 , 11-172-02-019, 11-172-02-013, 11-172-02-031, 11-172-02-036 , 11-172-01-030, 11-172-01-017, 11-172-02-009, 11-189-02-100, 11-172-01-029, 11-172-02-007, 11-172-02-018, 11-172-02-027 , 11-172-02-026, 11-172-02-025, 11-172-02-035, 11-189-02-065, 1 1-172-02-010, 1 1-189-02-095, and including all ofthe right ofway ofVillage Drive from the north right ofway line ofthe Cohutta/Varnell Road around the loop back to the east right of way line of Village Drive., and including all ofthe right ofway ofVillage Place from the east right ofway line of Village Drive to the end of the street and including the culdesac., and additionally, 11-189-02-050,11-189-02-005,11-189-02-049,11-189-02-010, 11-189-02-008, 11-189-02-011, 11-189-02-002, 11-189-02-003, 11-189-02-054, 11-189-02-012, 11-189-02-053, 11-189-02-073, 11-189-02-045, 11-189-02-046, 11-189-02-047, 11-189-02-013, 11-189-02-006, 11-189-02-009, 11-189-02-051, 11-189-02-089, 11-189-02-033, 11-189-02-062, 11-189-02-055, 11-172-01-014, 11-189-02-007, 11-189-02-043, 11-189-02-110, and including all of the right

4444 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
of way of West Parliament Drive from the west right of way line of Village Drive to the south property line of Parcel No. 11-189-005-000,, and additionally, 11-189-02-016,11-189-02-084,11-189-02-093,11-189-02-101, and including all of the right of way of Kings Row from the east right of way line of West Parliament Drive to the east property line of Lot No. 85 and Lot No. 114, and including the culdesac at the end of the street., and additionally, 11-189-02-019, 11-189-02-076, 11-189-02-035, 11-189-02-031, 11-189-02-032, 11-189-02-029, 11-189-02-034, 11-189-02-026, 11-189-02-025, 11-189-02-030, 11-189-02-021, 11-189-02-024, 11-189-02-088, 11-189-02-090, and including all of the right of way of Abbey Lane from the south right of way line of Kings Row to the north right of way line of South Parliament Drive., and including all the right of way of South Parliament Drive from the east right of way line of Village Drive to the west property line of Lot No. 63 and Lot No. 103., and additionally, 11 -244-08-000, 11-225-14-000, 11-225-30-000, 11-225-29-000, 11-260-02-000, 11-261-18-000, 11-244-05-000, 11-261-07-000, 11-261-20-000, 11-261-24-000, 11-261-05-000, 11-244-10-000, 11-259-01-158, H-261-04-000, 11-259-05-000, 11-261-17-000, H-259,-03-000, 11-282-2 along with all the right of way of Vinyard Drive and all future streets within the Mae G. Reed Estate Subdivision., and including all of the right of way of Ga. Hwy. 201 from the north property line of Parcel No. 11-225-14-000 to where the west property line of Parcel No. 11-282-2 intersects with the south right of way line of Ga. Hwy. 201 at a branch., and including all of the right of way of the Southern Railroad from the north property line of Parcel No. 11-225-14-000 to the south line of Land Lot 261., and including all of the right of way of Reed Road from the north right of way line of Sagamore Drive at the southeast corner of subdivision lot 187 to the intersection of Reed Road with Rauschenburg Road and New Hope Road., and additionally, 11-243-09-000, 11-243-12-000, and including all of the right of way of Meers Road from the south right of way line of Ga. Hwy. 2 to the south line of Land Lot 243., and additionally, 11-226-10-000,11-226-05-000,11-227-03-000,11-226-08-000, 11-227-03-000, and additionally, 11-155-01-018, 11-155-01-025, 11-155-01-027, 11-155-01-023, 11-155-01-026, and including all of the right of way of Maria Drive from the east property line of Lot No. 20 and Lot No. 21 of the C. E. Colvin Farm Subdivision to the west right of way line of Ga. Hwy. 71., and additionally, 11-190-02-114, 11-190-02-212, 11-190-02-031, 11-190-02-001, 11-228-01-001, and including all of the right of way of Ga. Hwy. 71 from the intersection of the south property line of Parcel No. 11-155-01 -008 with the west right of way line of Ga Hwy 71 to the intersection of the north property line of Parcel No. 11-229-01-009 with the east right of way line of Ga. Hwy 71., and additionally, 11-229-03-016, 11-229-03-009, 11-229-03-018, 11-229-03-004, 11-229-03-017, 11-229-03-008, 11-229-03-015, 11-229-03-028, 11-229-03-022, and including all of the right of way of Wheat Drive from the east right of way line of Ga. Hwy. 71 to the

_____________GEORGIA LAWS 2003 SESSION__________4445
north right of way line of Ga. Hwy. 2., and additionally, 11-228-05-004, 11-228-05-009, 11-228-05-010, 11-228-05-005, 11-228-05-008, 11-228-06-012, 11-228-06-009, 11-228-06-013, 11-228-06-014, 11-228-06-016, 11-228-06-005, 11-228-06-006, 11-228-06-011, 11-228-06-017, 11-228-06-007, 11-228-06-002, 11-228-06-010, 11-228-06-015,11-228-06-004,11-228-06-003,11-228-06-008, and including all of the right of way of Ruby Drive from the north right of way line of Ga. Hwy. 2 to the west right of way line of Ga. Hwy. 71., and additionally, 11-229-01-017, 11-229-01-013, 11-229-01-014, 11-229-01-015, 11 -229-01-016, and including all of the right of way of Ga. Hwy. 2 from the intersection of the east property line of Parcel No. 11-229-01-009 with the north right of way line of Ga. Hwy. 2 to the west property line of Parcel No. 11-232-02-000., and additionally, 11-229-01-027, 11-229-01-026, 11-229-01-000, Part of 11-264-01-004, 11-264-01-003, 11-264-01-009, 11-264-01-003, 11-264-02-017, and including all of the right of way of Ga. Hwy. 71 from the south right of way line of Ga. Hwy. 2 to the intersection of the south property line of Parcel No. 11-277-05-000 and the west right of way line of Ga. Hwy. 71., and additionally, 11-263-01-153, 11-263-01-046, 11-263-01-094,11-263-01-088,11-263-01-018,11-264-06-030, and including all of the right of way of the following streets, Frontier Trail from the west right of way line of Ga. Hwy. 71 to the west property line of Parcel No. 263-11-1, and Telico Drive from the north right of way line of Frontier Trail to the end of the street and including the culdesac, and Abilene Trail from the west right of way line of Telico Drive to the north right of way line of Frontier Trail, and Chisholm Trail from the north right of way line of Frontier Trail around the loop back to the north right of way line of Frontier Trail, and Chisholm Circle from the north right of way line of Frontier Trail around the loop back to the north right of way line of Frontier Trail."
SECTION 2. This Act shall become effective on July 1, 2003.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introoduced at the 2003 regular session opf the General Assembly of Georgia legislation to amend an Act providing a new charter for the City of Varnell, approved May 4, 1992 (Ga. L. 1992, p. 6670), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3790), so as to change the corporate boundaries of said city; to providde an effective date; to repeal conflicting laws; and for other purposes.

4446 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 19th day of February, 2003.
Ronald L. Forster State Representative, District 3
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack J. White, who on oath deposes and says that he is the Representative from District 3, Post 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Citizen News which is the official organ ofWhitfield County on February 25,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JACK J. WHITE Jack J. White Representative, District 3, Post 2
Sworn to and subscribed before me, this 24th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
HARRIS COUNTY - BOARD OF EDUCATION; NONPARTISAN ELECTIONS; CORRECT TECHNICAL ERROR AND OMISSION.
No. 306 (House Bill No. 765).
AN ACT
To amend an Act reconstituting the Board ofEducation ofHarris County, approved January 15, 1993 (Ga. L. 1993, p. 3538), as amended, particularly by an Act approved April 11,2002 (Ga. L. 2002, p. 3927) and an Act approved April 25,2002 (Ga. L. 2002, p. 4268), so as to correct technical errors and omissions in said 2002 amendatory Acts; to provide that members of the board shall be nominated and elected in accordance with the Georgia Election Code in nonpartisan primaries and

____________GEORGIA LAWS 2003 SESSION__________4447
elections; to ratify and confirm, to the maximum extent possible, any election previously held in conformity with the provisions of this Act; 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 reconstituting the Board of Education of Harris County, approved January 15, 1993 (Ga. L. 1993, p. 3538), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3927) and an Act approved April 25, 2002 (Ga. L. 2002, p. 4268), is amended by striking subsection (e) of Section 4 in its entirety and inserting in its place the following:
"(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."
SECTION 2. The amendatory Act, reconstituting the Board of Education of Harris County, approved April 25, 2002 (Ga. L. 2002, p. 4268), which Act was not approved pursuant to Section 5 of the federal Voting Rights Act of 1965, is repealed in its entirety.
SECTION 3. The purpose of this Act is to replace language that was unintentionally and erroneously omitted from the amendatory Act, reconstituting the Board of Education of Harris County, approved April 25, 2002 (Ga. L. 2002, p. 4268). It was the intention of the 2002 Act to revise district lines only and not the method of election.
SECTION 4. This Act is intended, to the maximum extent possible, to ratify and confirm any election previously held in conformity with the provisions of this Act.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
NOTICE IS GIVEN THAT THERE WILL BE INTRODUCED AT THE REGULAR 2003 SESSION OF THE GENERAL ASSEMBLY OF GEORGIA A BILL TO AMEND AND CORRECT TECHNICAL ERRORS AND OMISSIONS IN AN ACT RECONSTITUTING THE BOARD OF EDUCATION OF HARRIS COUNTY, APPROVED JANUARY 15, 1993 (GA. L. 1993, P. 3538), AS

4448 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
AMENDED; PARTICULARLY BY AN ACT APPROVED APRIL 11,2002 (GA. L. 2002, P. 3927) AND AN ACT APPROVED APRIL 25, 2002, (GA. L. 2002, P. 4268); AND FOR OTHER PURPOSES.
THIS 19TH DAY OF FEBRUARY, 2003.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vance Smith, who on oath deposes and says that he is the Representative from District 110 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County on February 27,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ VANCE SMITH Vance Smith Representative, District 110
Sworn to and subscribed before me, this 24th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
CITY OF LYONS - HOMESTEAD EXEMPTION; MUNICIPAL TAXES; BASE YEAR; REFERENDUM.
No. 307 (House Bill No. 780).
AN ACT
To provide for a homestead exemption from City of Lyons ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum,

____________GEORGIA LAV/S 2003 SESSION__________4449
effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Lyons, including, but not limited to, ad valorem 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 ofthe O.C.G.A., as amended, 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 the City of Lyons is granted an exemption on that person's homestead from City of Lyons 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. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Lyons, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Lyons, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority ofthe City ofLyons, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of

4450 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
Lyons, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2005.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Lyons 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 Lyons for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2004, 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 Toombs County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from City of Lyons ad valorem taxes for municipal purposes in an
NO ( ) amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2005. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Lyons. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

____________GEORGIA LAWS 2003 SESSION__________4451
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 2003 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Lyons 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.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Greg Morris, who on oath deposes and says that he is the Representative from District 120 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Advance which is the official organ of Toombs County on March 19, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GREG MORRIS Greg Morris Representative, District 120
Sworn to and subscribed before me, this 25th day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.

4452 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
RANDOLPH COUNTY - JUDGE OF PROBATE COURT; NONPARTISAN ELECTION.
No. 308 (House Bill No. 790).
AN ACT
To provide that future elections for the office of probate judge of Randolph County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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. All elections for the office ofprobatejudge ofRandolph County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the November general election immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. Nothing in this Act shall affect the term of office of the probate judge of Randolph County in office on the effective date of this Act. The sitting probate judge shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.
SECTION 3. The governing authority of Randolph County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

____________GEORGIA LAWS 2003 SESSION__________4453
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to provide that future elections for the office of probate judge of Randolph County shall be nonpartisan elections; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 134 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cuthbert Southern Tribune which is the official organ of Randolph County on March 20, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GERALD GREENE Gerald Greene Representative, District 134
Sworn to and subscribed before me, this 24th day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
CITY OF NASHVILLE - MAYOR PRO TEM; CITY MANAGER; DUTIES, RESPONSIBILITY, AND COMPENSATION; CITY JUDGE; CITY AUDITOR; DEPARTMENT HEADS.
No. 309 (House Bill No. 803).
AN ACT
To amend an Act to establish a new charter for the City of Nashville, approved March 17, 1978 (Ga. L. 1978, p. 4017), as amended, so as to provide for the selection of a mayor pro tern; to provide for a city manager; to provide for selection,

4454 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
appointment, and removal of such city manager; to provide for duties and responsibilities of such city manager; to provide for a bond for such city manager; to provide for compensation of such city manager; to provide for the filling of vacancies in the office of city manager; to limit members of the city council from interference in city administration; to provide for the appointment of a city judge; to provide for the appointment of a city auditor; to provide for the appointment and removal of department heads and others by the city manager; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to establish a new charter for the City of Nashville, approved March 17, 1978 (Ga. L. 1978, p. 4017), as amended, is amended by striking Section 2-6 and inserting in lieu thereof a new Section 2-6 to read as follows:
"SECTION 2-6. Mayor pro tern generally.
There shall be a mayor pro tern who shall be selected annually by the mayor, with the consent of the city council, from among the membership of the council."
SECTION 2. Said Act is further amended by adding a new Section 5-1.1 to read as follows:
"SECTION 5-1.1. City manager.
(a) There shall be a city manager for the City of Nashville who shall be appointed by a majority vote ofthe city council to serve at the pleasure ofthe city council. The city manager shall be chosen by the council solely on the basis of executive and administrative qualifications with special reference to actual experience in or knowledge of accepted practice with respect to the duties of the office set forth in this section. At the time of appointment, the city manager need not be a resident of the city or state, but, during such city manager's tenure of office, shall reside within the city. No council member shall receive such appointment during the term for which such council member shall have been elected nor within one year after the expiration of such council member's term. (b) The city council may remove the city manager at any time by a majority vote of its members. If requested, a public hearing shall be granted by the council within 30 days following notice of removal. During the interim, the council may suspend the manager from duty, but shall continue the manager's salary and, if the removal becomes final, shall pay said salary for one calendar month following the final removal date.

_________GEORGIA LAWS 2003 SESSION__________4455
(c) The city manager shall be the chief administrative officer of the city, may head one or more departments, and shall be responsible to the city council for the proper administration of all affairs of the city. The city manager shall have the power and shall be required to:
(1) Appoint and, when necessary for the good of the city, suspend or remove all officers and employees of the city except as otherwise provided by this charter or by law. The city manager may authorize the head of a department or office to appoint, suspend, or remove subordinates in such department or office; (2) Prepare an annual budget and submit such budget to the council together with a message describing the important features and be responsible for its administration after adoption; (3) Prepare and submit to the council as of the end of the fiscal year a complete report on the finances and administrative activities ofthe city council for the preceding year; (4) Keep the council advised of the financial condition and future needs of the city and make such recommendations as the city manager deems desirable; (5) Recommend to the council a standard schedule of pay for each appointed office and position in the city service, including minimum, intermediate, and maximum rates; (6) Recommend to the council from time to time the adoption of such measures as the city manager may deem necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services; (7) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided in this charter or by law; (8) Consolidate or combine offices, positions, departments, or units under the jurisdiction of the city manager with the approval of the council; (9) Attend all meetings of the council unless excused therefrom and take part in the discussion of all matters coming before the council. The city manager shall be entitled to notice of all regular and special meetings of the council; (10) Supervise the purchase of all materials, supplies, and equipment for which funds are provided in the budget, let contracts necessary for the operation or maintenance of the city services for amounts up to and including $500.00, and receive sealed bids for purchases or contracts in excess of $500.00 and present them to the council; (11) See that all laws and ordinances are duly enforced; (12) Investigate the affairs of the city or any department or division thereof, investigate all complaints in relation to matters concerning the administration of the government of the city and in regard to service maintained by the public utilities in the city, and see that all franchises, permits, and privileges granted by the city are faithfully observed; (13) Devote his or her entire time to the discharge of all official duties; and

4456 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(14) Perform such other duties as may be required by the council not inconsistent with this charter, law, or ordinances. (d) Neither the city council nor any of its members shall direct or request the appointment of any person to or removal of any person from office by the city manager or any of the city manager's subordinates or, in any manner, take part in the appointment or removal of officers and employees in the administrative services of the city. Except for the purposes of inquiry, the council and its members shall deal with the administration solely through the city manager, and neither the council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately. (e) In the case of accident, disaster, or other circumstances creating a public emergency, the city manager may award contracts and make purchases for the purpose ofmeeting said emergency; but the city manager shall promptly file with the city council a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures. (f) The city manager shall furnish a surety bond to be approved by the city council. Such bond shall be conditioned upon faithful performance of all of the city manager's duties. The premium of the bond shall be paid by the city. (g) The city manager shall receive such compensation as the city council shall fix from time to time by ordinance or resolution. (h) Any vacancy in the office of city manager shall be filled within 60 days after the effective date of such vacancy.'
SECTION 3. Said Act is further amended by striking Section 5-6 and inserting in lieu thereof a new Section 5-6 to read as follows:
'SECTION 5-6. Appointment of department heads and others.
All department heads and the city clerk and city attorney shall be appointed by the city manager."
SECTION 4. Said act is further amended by striking subsection (a) of Section 5-8 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The mayor, members of the city council, and the judge of the Municipal Court ofthe City ofNashville shall be subject to impeachment and removal from office for:
(1) Violation of any of the criminal laws of the state, except minor traffic offenses; (2) Violation of their oaths of office; (3) Violation of Section 5-4 or Section 5-5 of this charter or both such Sections;

____________GEORGIA LAWS 2003 SESSION__________4457
(4) Willful neglect or failure to perform the duties of his or her office; or (5) Private misconduct as renders his or her office a subject of reproach to the public or makes him or her unfit to discharge the duties of his or her office and prevents the true performance thereof."
SECTION 5. Said Act is further amended by striking subsection (a) of Section 6-2 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No person shall be qualified or eligible to serve as judge unless he or she shall have obtained the age of twenty-one years and shall be a member of the State Bar of Georgia, The judge shall be appointed by the mayor with the consent of the city council and shall serve at the discretion of the city council, to be relieved of his or her duties only by a majority vote of the city council and mayor. The compensation of the judge shall be fixed by the mayor and city council.'
SECTION 6. Said Act is further amended by adding a new Section 7-7 to read as follows:
"SECTION 7-7. City auditor.
The mayor shall select the city auditor or auditing firm with the consent of the city council."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend an Act to establish a new charter for the City of Nashville, approved March 17, 1978 (Ga. L. 1978, p. 4017), as amended, so as to provide for selection, appointment, and removal of such city manager; to provide for duties and responsibilities of such city manager to provide for a bond for such city manager; to provide for compensation of such city manager; to provide for the filling of vacancies in the office of city manager, to limit members of the city council from interference in city administration; to provide for the appointment of a city judge; to provide for the appointment of a city auditor; to provide for the city council; to provide for duties and responsibilities and compensation of such auditor; to provide for the appointment and removal of department heads by the city manager; to provide for related matters; to repeal conflicting laws; and for other purposes.

4458 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 5th day of March, 2003.
Penny Houston Representative, 13 9th District
Daniel L. Studstill Moore & Studstill, P.C. P.O. Box 647 Nashville, GA 31639 Attorney for City of Nashville
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Penny Houston, who on oath deposes and says that she is the Representative from District 139 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Berrien Press which is the official organ of Berrien County on March 12,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ PENNY HOUSTON Penny Houston Representative, District 139
Sworn to and subscribed before me, this 19th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.

____________GEORGIA LAWS 2003 SESSION__________4459
LIBERTY COUNTY - STATE COURT; TECHNOLOGY FEES.
No. 310 (House Bill No. 804).
AN ACT
To amend an Act creating the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, so as to provide for an additional fee for each civil action filed; to provide that such fee shall be used for a certain purpose; 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 Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, is amended by inserting immediately following paragraph (39) a new paragraph to read as follows:
"(39A)(a) The clerk of the state court shall collect an additional fee to be known as a 'technology fee' for each civil action filed in said court. The amount of said fee shall be not less than $3.00 nor more than $5.00 per filing. Such fees shall be used exclusively to provide for the technological needs of said court, including, without limitation, computer hardware and software purchases; lease, maintenance, and installation of computer hardware and software; and the purchase, lease, maintenance, and installation of imaging, scanning, facsimile, communications, projection, and printing equipment and software, (b) The fees collected pursuant to subsection (a) of this section shall be deposited into a technology fund administered by the clerk of said court. Such funds shall be segregated and shall be expended by said clerk only for the purposes authorized in this section. The clerk shall collaborate with the judges of said court to ensure the effective implementation of this subsection. At the end of each calendar year, the clerk shall provide a detailed report of all income and expenditures of the fund to the judges of said court and to the governing authority of Liberty County."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

4460 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 2003 session of the General Assembly of Georgia a bill to create the Liberty County Court Technology Fund; to provide for related matters; and for other purposes.
This 3rd day of March, 2003.
Al Williams Representative 128th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Al Williams, who on oath deposes and says that he is the Representative from District 128 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County on March 5, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/AL WILLIAMS Al Williams Representative, District 128
Sworn to and subscribed before me, this 18th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.

____________GEORGIA LAWS 2003 SESSION__________4461
HALL COUNTY - STATE COURT; ABOLISH ASSOCIATE JUDGE; ADDITIONAL FULL-TIME JUDGE; COMPENSATION; SOLICITOR; SALARY.
No. 312 (House Bill No. 836).
AN ACT
To amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, Vol. II, p. 939), as amended, so as to abolish the associate judge position for said court; to provide for an additional full-time judge for said court; to provide for the initial appointment of such additional judge; to provide for terms of office of the judges of said court; to provide for the subsequent election of thejudges ofsaid court; to provide for qualifications, restrictions, discipline, power, and authority ofthejudges of said court; to provide for salaries ofthe judges of said court; to provide for a Chief Judge of said court; to revise and restate provisions relating to the Solicitor's salary; 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 Hall County, approved August 14, 1891 (Ga. L. 1890-91, Vol. II, p. 939), as amended, is amended by striking that Section 2B that was added by the amendatory Act approved April 6, 1992 (Ga. L. 1992, p. 5414) and that related to the position of associate state court judge and thereby abolishing the position of associate state court judge.
SECTION 2. Said Act is further amended by striking Section 2, Section 2A, and that Section 2B that was added by the amendatory Act approved April 12, 1982 (Ga. L. 1982, p. 3852) and that related to compensation of the Solicitor, in their entirety and inserting in lieu thereof a new Section 2 to read as follows:
"SECTION 2. (a) Until July 1,2003, there shall be one full-time judge and one associate judge of the State Court of Hall County, as provided by existing law. The full-time judge of said court, in office prior to July 1,2003, shall continue to serve the term of office to which he or she was elected and until the election and qualification of his or her successor. (b) Effective July 1,2003, there shall be two full-time judges of the State Court of Hall County. The first judge shall continue to serve as provided in subsection (a) of this section. The second judge, added effective July 1, 2003, shall be appointed by the Governor for an initial term of office ending on December 31,

4462 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2004, and until his or her successor is elected and qualified. The successor to said judge shall be elected by the qualified voters of Hall County at a nonpartisan election to be held and conducted jointly with the general primary in 2004 and quadrennially thereafter pursuant to Code Section 21-2-138 ofthe O.C.G.A. The judge thus elected shall serve a four-year term and until such officer's successor is elected and qualified. (c) The judges of said court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Chapter 7 of Title 15 of the O.C.G.A. Said judges shall be vested with the power and authority of the judges of the state courts by Chapter 7 of Title 15 of the O.C.G.A. (d) The judges of said court shall receive an annual salary equal to 90 percent of the gross salary as defined in subsection (e) ofthis section which shall be payable out of the funds of Hall County at the same intervals as installments are paid to other county employees. (e) For the purposes of subsection (d) of this section, the term 'gross salary' shall mean the annual salary received by a Superior Court judge, from state funds only, effective July 1,2003, plus any increases in said annual salary for Superior Court judges, from state funds only, on or after July 1, 2003. (f) The judge who has served the longest period of time in office of said court shall be the Chief Judge."
SECTION 3. Said Act is further amended by adding at the end of Section 4A new subsections (d) and (e) to read as follows:
"(d) The Solicitor of said court shall receive an annual salary equal to 90 percent of the gross salary as defined in subsection (e) of this section which shall be payable out of the funds of Hall County at the same intervals as installments are paid to other county employees. (e) For the purposes of subsection (d) of this section, the term 'gross salary' shall mean the annual salary received by a District Attorney, from state funds only, effective July 1, 2003, plus any increases in said annual salary for District Attorneys, from state funds only, on or after July 1, 2003."
SECTION 4. Said Act is further amended by striking from subsection (b) of Section 4A all references to the following:
"Section 2B of this Act" and inserting in lieu thereof the following:
"Section 4(d) of this Acf.
SECTION 5. This Act shall become effective July 1, 2003.

____________GEORGIA LAWS 2003 SESSION__________4463
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
RESOLUTION OF THE HALL COUNTY BOARD OF COMMISSIONERS PERTAINING TO PROPOSED LOCAL LEGISLATION AFFECTING THE STATE COURT OF HALL COUNTY
Whereas at a duly called meeting of the Hall County Board of Commissioners held on February 24, 2003, the Board reviewed and discussed certain proposed legislation affecting the State Court of that County; and Whereas, it is desired that said proposed legislation be introduced at the 2003 Session of the General Assembly of Georgia; and Whereas, a motion approved and submit said proposed legislation properly second and passed; Now, Therefore, be it received by the Board of Commissioners of Hall County that local legislation may be introduced before the Georgia General Assembly to provide for an additional judge for said court after June 30,2003; to provide for the compensation and qualifications of the judges of said court; to provide the designation of a chiefjudge of said court; to provide of an affective date and for court purposes. So resolved this 27th day of February 2003.
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 District 67, Post 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on March 5, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAMES MILLS James Mills Representative, District 67, Post 2
Sworn to and subscribed before me, this 24th day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.

4464 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
CITY OF ST. MARYS - ST. MARYS CONVENTION AND VISITORS BUREAU AUTHORITY; CREATION.
No. 313 (House Bill No. 839).
AN ACT
To create the St. Marys Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for St. Marys, Georgia; to provide for creation and organization; to provide for the membership of the authority and their terms of office and compensation; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers and duties; to provide for rules and regulations; to provide for other matters relative to the foregoing and relative to the general purpose of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short Title.
This Act shall be known and may be cited as the "St. Marys Convention and Visitors Bureau Authority Act."
SECTION 2. Definitions and References.
As used in this Act, the term: (1) "Area" means the geographic area of the city. (2) "Authority" means the St. Marys Convention and Visitors Bureau Authority. (3) "City" means the City of St. Marys. (4) "Conventions" means that term as defined in Article 3 of Chapter 13 of Title48oftheO.C.G.A. (5) "County" means Camden County, Georgia. (6) "Special events" means events which, in the judgment of the authority, will promote tourism in the area. (7) "Tourism" means that term as defined in Article 3 of Chapter 13 of Title 48 oftheO.C.G.A. (8) "Trade show" means that term as defined in Article 3 of Chapter 13 of Title48 oftheO.C.G.A.

_________GEORGIA LAWS 2003 SESSION__________4465
SECTION 3. Creation of Authority, Status, Tax Exemption, and Sovereign Immunity.
(a) There is created a body public and politic to be known as the St. Marys Convention and Visitors Bureau Authority. The authority shall be deemed to be a political subdivision of the state and a public corporation and by that name may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions. Said authority shall be a convention and visitors bureau authority created by an Act of the General Assembly for a municipality for purposes of Code Section 48-13-51 of the O.C.G.A. and is intended to be an agency and instrumentality of the city and a governmental unit for purposes of Section 103 and Sections 141 and 150 of the Internal Revenue Code of 1986, as amended, and, as to the city, is intended to be a subordinated entity for purposes of Section 265 (b)(3)(E)(ii) of the Internal Revenue Code of 1986, as amended. The authority shall not be a state institution nor a department or agency of the state but shall be a creation of the state, having a distinct corporate identity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of O.C.G.A., the "Georgia State Financing and Investment Commission Act." (b) The authority shall have its principal office in the city, and its legal situs or residence for the purposes of this Act shall be the city. (c) The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose. The properties ofthe authority, both real and personal, and the income ofthe authority are declared to be public properties and income used for the benefit and welfare of the people of the city and not for the purpose of private or corporate benefit, and such properties, to the extent of the authority's ownership thereof or other interest therein, and all income and obligations of the authority shall be exempt from all taxes and special assessments of the state or any city, county, or other political subdivision thereof. The authority shall have all of the exemptions and exclusions from taxes as are now granted to cities and counties for the operation of properties or facilities similar to the properties and facilities to be owned or operated, or both, by the authority. (d) The authority shall have the same immunity and exemption from liability for torts and negligence as the state, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contract of the authority. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Camden County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such court which shall have exclusive, original jurisdiction of such actions. The property of the authority shall not be subject to levy and sale under legal process. The records of the

4466 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authority shall be public records which are subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. Nothing in this Act shall be construed to abridge or change the powers and duties of other authorities, departments, boards, and like agencies of the city.
SECTION 4. Members and Meetings.
(a) The authority shall consist of seven members who shall be natural persons who shall be at least 18 years of age and shall be residents of the city or operate a business in the city or designee of the business owner. Each member of the city council shall appoint one member to the authority. Two members shall be selected from the hotel and motel sector, two members shall be selected from the bed and breakfast sector, and two members shall be selected from the shops, restaurants, or concerned citizens sector. The mayor shall appoint as a seventh member of the authority one incumbent councilmember and shall also be approved by a majority vote of the council. The terms of members shall expire on the last day of January with such appointments being effective as of the next February 1. Any member may resign at any time by filing a written notice of resignation with the city clerk. Members shall serve at the pleasure of the mayor and council and may be removed by a majority vote of the mayor and council, with or without cause, and neither the city nor the mayor nor any member of council shall be subject to any liability on account of such removal. (b) The authority shall meet at such times as may be necessary to transact the business coming before it. Meeting of the authority shall be open to the public in accordance with the laws of this state. Written minutes of all meetings shall be kept and, within ten days following every meeting, a copy of the minutes shall be furnished to the mayor and council of the city. Meetings shall be conducted in accordance with Robert's Rules of Order. (c) At the first meeting of the authority, the members shall elect a chairperson, a vice chairperson, and a secretary-treasurer from its membership. Commencing in the year 2004, at the first meeting of the authority in February of each year, the members shall elect a chairperson, a vice chairperson, and a secretary-treasurer from its membership. The chairperson shall preside at meetings of the authority. The vice chairperson shall preside at meetings in the absence of the chairperson. In the absence of both the chairperson and vice chairperson, the members present at a meeting shall elect a temporary chairperson to preside at that meeting so long as the chairperson and vice chairperson both remain absent from the meeting. Four members shall constitute a quorum. Official action may be taken by majority vote of those members voting on a matter if a quorum is present and voting on such matter, except that the bylaws of the authority may only be initially adopted or subsequently amended by majority vote of all members. All members present at a meeting, including the chairperson, vice chairperson, or any other member presiding at such meeting, shall be entitled to vote on all matters that come before

____________GEORGIA LAWS 2003 SESSION__________4467
the meeting, except as otherwise provided in subsection (e) of this section. 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. (d) Members shall receive no compensation for their services as members of the authority but may be reimbursed for their proper and reasonable expenses incurred in the performance oftheir duties, subject to any limitations imposed by general law on the reimbursement of public officials and subject to any limitations which may be contained from time to time in the bylaws of the authority.
(e)( 1) As used in this subsection, the term "substantial interest or involvement" means any interest or involvement which reasonably may be expected to result in a direct financial benefit to such member, as determined by the members by vote, which determination shall be final and not subject to review. (2) The provisions of Code Section 45-10-3 of the O.C.G.A. shall apply to the members of the authority and a member of the authority shall not engage in any transaction with the authority. The provisions of the immediately preceding sentence and the provisions of paragraph (9) of such Code section shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any member or any organization or person with which any member of the authority is in any way interested or involved, provided that:
(A) Any interest or involvement by such members is disclosed in advance to the members of the authority who will be voting on the matter or transaction and such disclosure is recorded in the minutes of the authority; (B) No member having such a substantial interest or involvement may be present at that portion of any meeting of the board of members during which discussion of such matter or transaction is conducted; and (C) No member having a substantial interest or involvement may participate in any decision of the board of members relating to any such matter or transaction. A member who has any such substantial interest or involvement shall be entitled to participate in discussions of whether such interest or involvement is a substantial interest or involvement but shall not be entitled to vote on the question. (3) Nothing contained in this subsection shall be deemed to prohibit any member from providing legal services to the authority, being paid for such services and related expenses, participating in discussions relating to his or her engagement, scope of services, compensation, or related matters or from voting on such matters.
SECTION 5. Purpose.
The purpose of the authority is to promote tourism, conventions, and trade shows within the area in such manner and manners as the authority shall determine to be appropriate.

4468 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6. Duty of the Authority.
It shall be the duty of the authority to promote tourism, conventions, and trade shows within the area.
SECTION 7. Powers.
(a) The authority shall have all powers allowed by law and consistent with the provisions of this Act as are necessary or convenient to carry out its corporate purpose, including, without limitation, the power to:
(1) Adopt and alter a corporate seal; (2) Purchase advertising promoting tourism, conventions, trade shows, and special events; (3) Encourage, solicit, promote, procure, sponsor, co- sponsor, and service conventions, trade shows, and special events; (4) Lend financial support through grants, contributions, or otherwise to other governmental entities in furtherance of its corporate purpose; (5) Lend financial support through grants, contributions, or otherwise to private sector for profit and nonprofit entities in furtherance of its corporate purpose, provided the authority determines that the residents of the area shall receive a substantial benefit therefrom; (6) Conduct activities to foster better public understanding on the part of individuals and businesses ofthe importance oftourism and the convention and visitors industry to the economy of the city and of the area; (7) Conduct activities to encourage and assist the cooperation between the businesses and industries servicing tourists, conventions, and special events; (8) Engage in fundraising activities in furtherance of its corporate purpose; (9) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (10) Acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purpose, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority. If the authority shall deem it expedient to construct any facility relating to tourism, conventions, trade shows, or special events on any lands, the title to which shall then be held by the State of Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such lands or upon the receipt of such lawful consideration as may be

___________GEORGIA LAWS 2003 SESSION__________4469
determined by the parties to such conveyance. If the authority shall deem it expedient to acquire and construct any such facility on any lands, the title to which shall then be held by the city, the county, or any other municipality incorporated in said county, the governing authority or body of the city, the county, or any of the said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyance or upon payment for the credit of the general funds of said county or municipalities of the reasonable value of such lands. Such value to be determined by mutual consent of said county or municipality and the chairperson of the authority; (11) Appoint, select, and employ officers, agents, and employees, and independent consultants including but not limited to engineering, architectural, and construction experts, fiscal agents, economists, and attorneys and fix their respective compensations; and to delegate to the executive director the authority and responsibility necessary to properly administer the day-to-day business of the authority within policies set by the authority and subject to its review; (12) Appoint an advisory committee and other committees of persons from the public and private sectors without regard to their place of residence; (13) To make contracts of every kind and character, and, without limitation, any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, the authority and the city shall be permitted to enter into the following:
(i) Contracts under which hotel and motel taxes collected by the city are paid to and expended by the authority as contemplated by paragraph (3) of subsection (a) of Code Section 48-13-51 of the O.C.G.A.; (ii) Contracts under which the authority purchases administrative and financial management services from the city to be performed by personnel at the city's cost, which shall include the costs of payroll, employee benefits, supplies, and overhead reasonably aliocable to the performance of such services; and (iii) Lease contracts relating to leases of real property, personal property, or both real and personal property; (14) Accept loans and grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions as the United States or such agency or instrumentality may impose; (15) Accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political division thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose;

4470 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(16) Borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue and validate revenue bonds pursuant to the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," to pay the project costs of anyone or more facilities relating to tourism, conventions, trade shows, or special events payable solely from funds pledged for that purpose, and to refund such revenue bonds. Such facilities shall be owned by the authority and may be operated by the authority, leased by the authority in whole or in part under true leases, which shall also be known as operating leases, or operated by others pursuant to one or more management contracts. Revenues ofthe authority including but not limited to revenues derived by it from any such facilities and revenues derived from hotel and motel taxes received from the city may be pledged to the payment of debt service on such revenue bonds and other evidences of indebtedness of the authority; (17) Sell, lease, grant, exchange, or otherwise dispose of any property, both real and personal, or interest therein; (18) Sue and be sued in contact and in tort and to complain and defend in all courts; (19) Advise and recommend plans to other public and private sector entities for the promotion of tourism, conventions, and trade shows; (20) Conduct studies and develop plans for improving tourism in the area; (21) Receive and disburse public funds appropriated by the city, including but not limited to revenues derived from the hotel and motel tax collected by the city and to receive and disburse funds from private sources and other revenues which may be received from time to time which would assist in the accomplishment of its corporate purpose; and (22) Do all things necessary or convenient to accomplish its corporate purpose and to exercise any power permitted by the laws of the state to be exercised by private corporations which will further the authority's ability to accomplish such purpose, so long as the exercise of such power is not in conflict with the Constitution or laws of this state. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this section and any other powers elsewhere in this Act or which may reasonably be inferred from the provisions of this Act. This Act shall be liberally construed to effect the described purposes, and in interpreting this Act, the courts are not to apply "Dillon's Rule."
SECTION 8. Budget and Finances.
The authority shall prepare an annual budget and submit the same to the mayor and council of the city, which upon approval by the council may, in the discretion of the council, be funded in whole or in part with revenue received by the city from the

_____________GEORGIA LAWS 2003 SESSION__________4471
hotel and motel tax, provided the authority complies with any provisions relative to the expenditure of said revenues contained in Article 3 of Chapter 13 of Title 48 of the O.C.G. A. as now in effect and any other conditions or criteria deemed proper by the mayor and council of the city.
SECTION 9. Bylaws.
The authority may by affirmative vote of a majority of all members adopt bylaws to, govern the authority, its employees, and operation and may by affirmative vote of all members repeal, replace, or amend such bylaws.
SECTION 10. Liability Limited.
Neither the members ofthe authority nor any person executing bonds, notes, leases, or other agreements or obligations on behalf of the authority shall be personally liable thereon by reason of such execution.
SECTION 11. City not Bound.
The authority shall have no power or authority to bind the city by any contract, agreement* financial obligation, indebtedness, or otherwise and no contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the city, provided that both the authority and the city shall be bound to each other by contracts, agreements, financial obligations, or indebtedness between themselves.
SECTION 12. Oversight.
The mayor and council of the city shall be authorized, by and through a committee of their own number or by anyone or more persons they may select, to inspect at their pleasure the state and condition of the authority, its properties, and all books and records pertaining to the authority and its affairs and the authority shall give and furnish them with assistance in making such inspections.
SECTION 13. Dissolution.
Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred under the provisions of this Act, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the

4472 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authority at the time of such dissolution shall be conveyed to the city or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to such property at the time of such conveyance.
SECTION 14. 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 2003 session of the General Assembly of Georgia a bill to create the St. Marys Convention and Visitors Bureau Authority, to provide for related matters and for other purposes.
This 27th day of February, 2003
Cecily Hill Representative Cecily Hill
147th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Cecily A. Hill, who on oath deposes and says that she is the Representative from District 147 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Tribune & Georgian which is the official organ of Camden County on March 7,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CECILY A. HILL Cecily A. Hill Representative, District 147
Sworn to and subscribed before me, this 25th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.

_________GEORGIA LAWS 2003 SESSION__________4473
SCREVEN COUNTY - JUDGE OF PROBATE COURT; NONPARTISAN ELECTION.
No. 314 (House Bill No. 849).
AN ACT
To provide that future elections for the office of probate judge of Screven County shall be nonpartisan elections held at the time of certain November general elections; to provide for submission ofthis Act under the federal Voting Rights Act of 1965, as amended; 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. All elections for the office of probate judge of Screven County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. and shall be conducted at the November general election immediately preceding the expiration of the term of such respective office. Such nonpartisan elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. Nothing in this Act shall affect the term of office of the probate judge of Screven County in office on the effective date of this Act. The sitting probate judge shall serve out the respective terms of office for which such person was elected and shall be eligible to succeed himself or herself as provided in this Act.
SECTION 3. The governing authority of Screven County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

4474 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2003 Session of the General Assembly of Georgia a bill to adopt an Act requiring the election of the office of Probate Judge of Screven County to be non-partisan.
SCREVEN COUNTY BOARD OF COMMISSIONERS MARCH 14, 2003
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who on oath deposes and says that he is the Representative from District 101 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sylvania Telephone which is the official organ of Screven County on March 20, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BOB LANE Bob Lane Representative, District 101
Sworn to and subscribed before me, this 26th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
MARION COUNTY - BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 315 (House Bill No. 850).
AN ACT
To create a board of elections and registration for Marion County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the

____________GEORGIA LAWS 2003 SESSION__________4475
qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel, including a chief election official, and compensation; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal of this Act under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. As used in this Act, the term:
(1) "Board" means the Marion County Board of Elections and Registration. (2) "Commissioners" means the Board of Commissioners of Marion County. (3) "County" means Marion County. (4) "Election," "elector," "political party," "primary," and "public office" shall have the same meaning as set forth in Chapter 20 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act.
SECTION 2. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created, effective June 30, 2003, the Marion County Board of Elections and Registration. The board shall have the powers and duties of the former Marion County election superintendent relating to the conduct of primaries and elections and shall have the powers and duties of the Marion County Board of Registrars relating to the registration of voters and absentee balloting procedures.
SECTION 3. (a) The board shall be composed of three members each of whom shall be an elector and a resident of Marion County. All members of the board shall be appointed by the Board of Commissioners of Marion County. The Marion County Board of Elections and Registration shall select a chairperson from among its members. (b) The initial terms of office of two members shall expire December 31,2005, and upon the appointment and qualification of their respective successors. The initial term of office of the remaining member of the board shall expire December 31, 2007, and upon the appointment and qualification ofhis or her respective successor.

4476 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4. The board shall appoint a person to serve as the chief election official of Marion County. Such position shall be part time and such person shall be paid a salary to be set by the board and payable from county funds. The chief election official shall generally direct and control the administration of elections and voter registration in Marion County. The chief election official shall be supervised by the board and shall be subject to removal from office by the board, with or without cause. The chief election official shall not be a member of the board nor an elected official.
SECTION 5. Each member of the board shall:
(1) Serve for a term of four years and until successor is appointed and qualified, except that initial terms of office shall be as provided in subsection (b) of Section 3 of this Act; (2) Be eligible to be reappointed to succeed such member or shall have the right to resign at any time by giving written notice of such resignation to the commissioners and to the clerk of the Superior Court of Marion County; and (3) Be subject to removal from the board at any time for cause, after notice and hearing, by the judge of the Superior Court of Marion County.
SECTION 6. (a) The appointment of each member shall be evidenced by the appointing authority filing an affidavit with the clerk of the Superior Court of Marion County no later than 30 days preceding the date on which such member is to take office, stating the name and residence address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the Superior Court of Marion County shall be notified of interim appointments and shall record and certify such appointments in the same manner as the regular appointment of members. (b) The clerk of the Superior Court of Marion County shall record each such certification on the minutes of that superior court and shall certify the name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for county registrars.
SECTION 7. In the event a vacancy occurs in the office of any member, before the expiration of a term by reason of removal, death, resignation, or otherwise, the appointing authority which is required under Section 3 of this Act to make the appointment to the office upon expiration of the term shall appoint a successor to serve for the remainder of the unexpired term in the manner set forth in Section 3 of this Act.
SECTION 8. (a) The first members of the board under this Act shall be appointed as provided in this Act to take office on June 30, 2003. The board shall take no official action

____________GEORGIA LAWS 2003 SESSION__________4477
until all members have been certified to the clerk of the Superior Court of Marion County. (b) Before entering upon the duties of office, each member shall take substantially the same oath as required by law for county registrars and shall have the same privileges from arrest.
SECTION 9. (a) The Marion County Board of Elections and Registration shall be empowered with all the powers and duties relating to the conduct of primaries and elections as election superintendents pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (b) The board is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) This Act is intended to implement the provisions of subsection (b) of Code Section 21 -2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose.
SECTION 10. No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective public office, and the position of membership ofany member shall be deemed vacant upon such member's qualifying as a candidate for an elective public office.
SECTION 11. Any rule or regulation promulgated by a county executive committee of a political party under the provisions of subsection (c) of Code Section 21-2-111 of the O.C.G.A., with regard to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board.
SECTION 12. (a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the commissioners or any other public agency to bear any expense of conducting primaries not otherwise required by law. (b) The board shall have the authority to serve as municipal registrar and to conduct municipal elections and primaries for any municipal corporation located within Marion County if such municipal corporation has entered into a contract for that purpose with the Marion County Board of Commissioners.
SECTION 13. With the approval of the commissioners, the board shall be authorized to expend public funds for the purpose ofpreparing and distributing material solely to inform and instruct electors ofthe county adequately with regard to elections. No material

4478 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.
SECTION 14. (a) The board shall be authorized and empowered to organize itself, may elect from among its membership a vice chairperson, shall determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such actions as are appropriate to the management of its affairs; provided, however, that no such action shall conflict with general law. (b) Action and decision by the board shall be by a majority vote of a quorum of the members of the board.
SECTION 15. (a) The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. The board shall hold meetings at the county courthouse or at the place of meeting of the commissioners. These meetings shall be held quarterly in years in which there is no county-wide election and monthly in years in which there is a county-wide election. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after the notification of the time and place of the holding of such meeting has been communicated in writing to the chief election official to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records.
SECTION 16. (a) The chairperson of the board of elections and registration shall chair all meetings of the board and be the spokesperson for the board. (b) The members of the board shall receive no compensation for their service as members of the board but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. (c) All amounts payable under this section shall be paid from the funds of Marion County.
SECTION 17. Subject t o a ppropriation o f funds b y t he c ommissioners, t he b oard s hall b e authorized to expend public funds to provide for such proper and suitable administrative offices and for such clerical assistance and other employees as the board shall deem appropriate. Compensation for such administrative personnel

____________GEORGIA LAWS 2003 SESSION__________4479
shall be paid by the board under the county personnel system wholly from county funds. This section shall not be construed so as to require the board to expend any funds simply because they are authorized to do so under this Act. Employees ofthe board shall be considered county employees of pay, benefits, sick leave, vacation, and for other purposes.
SECTION 18. The board shall be responsible for the selection, appointment, and training of poll workers in elections. Such workers shall be appointed, insofar as practicable, from lists provided by the county executive committees of any political party whose nominee for President of the United States received at least 10 percent of the vote in Marion County during the most recent general election for that office. It shall be the responsibility of any such political party to provide said list to the board in a timely fashion and to supplement said list upon a reasonable request to do so.
SECTION 19. Effective on the date the board can first take official action under Section 7 of this Act, the election superintendent of Marion County and the Board of Registrars of Marion County shall be relieved from all powers and duties to which the board of elections and registration succeeds by the provisions of this Act and shall deliver thereafter to the chairperson of the board, upon the chairperson's written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
SECTION 20. The Board of Commissioners of Marion County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department ofJustice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. If implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of June 30, 2003, this Act shall be void and stand repealed in its entirety.
SECTION 21. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 22. All laws and parts of laws in conflict with this Act are repealed.

4480 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 2003 session of the General Assembly of Georgia a bill to create a board of elections and registration for Marion county and provide for its powers and duties; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Skipper, who on oath deposes and says that he is the Representative from District 116 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the The Tri-County Journal & Chattahoochee Chronicle which is the official organ of Marion County on January 29, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JIMMY SKIPPER Jimmy Skipper Representative, District 116
Sworn to and subscribed before me, this 7th day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
PAULDING COUNTY - BOARD OF COMMISSIONERS; DISTRICTS.
No. 316 (House Bill No. 871).
AN ACT
To amend an Act creating the Board of Commissioners of Paulding County, approved April 17,1975(Ga.L. 1975,p. 2916), as amended, particularly by an Act approved April 13,2001 (Ga. L. 2001, p. 4145), so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for

___________GEORGIA LAWS 2003 SESSION__________4481
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 creating the Board of Commissioners of Paulding County, approved April 17,1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4145), is amended by striking Section 3 and inserting in lieu thereof a new Section 3 to read as follows:
"SECTION 3. (a) The county shall be divided into four commissioner districts which shall correspond to those four numbered districts described in and attached to and made a part ofthis Act and further identified as Plan Name: H26PAULD3R Plan Type: Local User: staff Administrator: Paulding 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 Paulding County not included in any such district described in that attachment shall be included within that district contiguous to such part that contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Paulding County 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 that 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 commissioners shall have been residents ofthe districts which they seek to represent for the 12 months immediately preceding the date on which they qualify for office and shall continue to reside in such districts during their terms of office. The chairperson and commissioners shall be elected for terms of four years and until their successors are elected and qualified. The commissioner from Post 1 representing District 1 who was elected at the general election in 2000 shall continue to hold office until the term for which he or she was elected shall expire and his or her successor shall be elected and qualified. The commissioners from Posts 2, 3, and 4 representing Districts 2, 3, and 4,

4482 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
respectively, elected at the general election in 2002 shall continue to hold office until the terms for which they were elected shall expire and until their successors are elected and qualified. The chairperson and the commissioner from Post 1 shall be elected to four-year terms at the general election in 2004 and shall serve until their successors are elected and qualified. The commissioners from Posts 2, 3, and 4 shall be elected to four-year terms at the general election in 2006 and shall serve until their successors are elected and qualified. Thereafter, all successors shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified."
SECTION 2. The Board of Commissioners of Paulding County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: H26PAULD3R Plan Type: Local User: staff Administrator: Paulding Co.
Redistricting Plan Components Report
District 001 Paulding County
Tract: 1201 BG:4 4061 4065 4066 4078 4079 4080 4081 4082 Tract: 1202.01 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1037 1038 1039 1040 BG:2 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 203020312998 Tract: 1202.02 BG: 1 1014 1015 10161017 1018 1019 BG:2

____________GEORGIA LAWS 2003 SESSION__________4483
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2033 2034 2035 Tract: 1203 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 1042 1043 1044 1045 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1997 1998 1999 BG:2 2000 2001 2002 2003 2033 2034 2035 2040 2041 2042 BG:3 31103111 31123113 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 4052 4053 4054 4055 4061 4062 4063 Tract: 1205 BG: 1 1005 1006 1007 1008 1009 1010 1011 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1047 1048 1049 1050 1051 1052 1057 1058 BG:2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 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 2073 2074 2075 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3051 3052 3053 3054 BG:5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 501250135014501550165017
District 002 Paulding County
Tract: 1203 BG: 1

4484 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1038 1039 1040 1041 1046 BG:2 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 2036 2037 2038 2039 BG:3 3016 3017 3018 3019 3020 3021 3022 3024 3027 3028 3029 3030 3032 3034 3035 3036 3037 3038 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 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 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 31003101 3102310331043105310631073108310931143115 3116311731193127 BG:4 4056 4057 4058 4059 4060 4064 4065 4066 4067 4068 4069 4070 4071 Tract: 1204 BG:3 BG:4 Tract: 1205 BG:2 2071 2072 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 BG:4 Tract: 1206 BG:3 BG:5 5017 5018 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 5053 5054 5055 5056 5057 5058 5996 5997
District 003 Paulding County
Tract: 1202.01 BG: 1 1025 1026 1027 1028 1029 1030 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2999 Tract: 1202.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

____________GEORGIA LAWS 2003 SESSION__________4485
1012 1013 1020 1021 BG:2 2000 2001 2002 2003 2004 2005 2028 2029 2030 2031 2032 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049205020512052 Tract: 1205 BG: 1 1000 1001 1002 1003 1004 1012 1013 1014 1015 1016 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1053 1054 1055 1056 1059 1060 1061 1062 1063 1064 BG:2 20002001 20142015 BG:3 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 3998 3999 BG:5 5018 Tract: 1206 BG: 1 BG:2 BG:4 BG:5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5019 5020 5021 5050 5051 5052 5998 5999
District 004 Paulding County
Tract: 1201 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 4052 4053 4054 4055 4056 4057 4058 4059 4060 4062 4063 4064 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4083 4084 4085 4086 4087 4088 4089 4090 4999 Tract: 1202.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1021 1022

4486 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1023 1024 1031 1032 1033 1034 1035 1036 Tract: 1203 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3023 3025 3026 3031 3033 3039 3040 3041 3042 3061 3062 3063 3118 3120 3121 3122 3123 3124 3125 3126 3128 3129 3130 3131 3132 3133 3998 3999 BG:4 4072 Tract: 1204 BG: 1 BG:2
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2003 Session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners ofPaulding County approved April 17,1975(ga.L. 1975,p.2916), as amended, so as to amend certain provisions relating to the apportionment of commission districts; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn Richardson, who on oath deposes and says that he is the Representative from District 26 and further deposes and says that the attached Notice ofIntention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County on February 6, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GLENN RICHARDSON Glenn Richardson Representative, District 26
Sworn to and subscribed before me, this 26th day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.

____________GEORGIA LAWS 2003 SESSION__________4487
CITY OF EAST DUBLIN - CORPORATE LIMITS.
No. 317 (House Bill No. 880).
AN ACT
To amend an Act providing a charter for the City of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4204), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a charter for the City of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4204), is amended by adding a fourth unnumbered paragraph to Section 1.11 to read as follows:
"The corporate limits of the City of East Dublin shall also embrace all of that area within the following description:
(1) All that portion of Nathaniel Drive, known as County Road No. 472, beginning at the existing center line of East Dublin City Limits on Nathaniel Drive, extending in a southeasterly direction 0.6 miles for the uniform width of the right of way to the intersection of Nathaniel Drive and Oakwood Drive, with said section of roadway lying and being in the 52nd General Militia District of Laurens County, Georgia. (2) All that portion of Oakwood Drive beginning at the intersection of Oakwood Drive and Nathaniel Drive, thence extending in a northeasterly direction along Oakwood Drive for the continued full width ofthe right ofway of Oakwood Drive for 0.5 miles to the existing East Dublin City Limits on Oakwood Drive, with said section of roadway lying and being in the 52nd General Militia District of Laurens County, Georgia. (3) All that portion of State Route 26, U.S. Route 80, beginning at the existing City Limits of East Dublin on State Route 26, U.S. Route 80, thence extending in an easterly direction approximately 2.7 miles for the uniform width of the right of way for State Route 26, U.S. Route 80, with said section of roadway lying and being in the 52nd General Militia District of Laurens County, Georgia. (4) All that portion of Lovett Farm Road, known as County Road 68, beginning on the northerly side of State Route 80 East, thence extending 0.4 miles in uniform width of the right of way of Lovett Farm Road, with said section of roadway lying and being in the 52nd General Militia District of Laurens County, Georgia."

4488 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2003 General Assembly of Georgia a bill that will seek local legislation annexing into the City of East Dublin, Georgia, the following described property: All that portion of Nathaniel Drive, known as County Road No. 472, beginning at the existing center line of East Dublin City Limits on Nathaniel Drive, extending in a southeasterly direction 0.6 miles for the uniform width of the right of way to the intersection of Nathaniel Drive and Oakwood Drive, with said intersection of roadway lying and being in the 52nd General Militia District of Laurens County, Georgia. ALSO All that portion of Oakwood Drive beginning at the intersection of Oakwood Drive and Nathaniel Drive, thence extending in a northeasterly direction along Oakwood Drive for the continued full width of the right of way of Oakwood Drive for 0.5 miles to the existing East Dublin City Limits on Oakwood drive, with said section of roadway lying and being in the 52nd General Militia District of Laurens County, Georgia. ALSO All that portion of Ga. State Route 26, U.S. Route 80, beginning at the existing City Limits of East Dublin on State Route; 26, thence extending in a easterly direction approximately 2.7 miles for the uniform width of the right of way for State Route 26, U.S. Route 80 with said section of roadway lying and being in the 52nd General militia District of Laurens County, Georgia. ALSO All that portion of Lovett Farm Road known as County Road 68, beginning on the northerly side of State Route 80 East, thence extending 0.4 miles in inform width of the right of way of Lovett Farm Road, with said section of roadway lying and being in the 52nd General Militia District of Laurens County, Georgia.
This 17th day of March, 2003.
S. DuBose Porter Representative 143rd
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, DuBose Porter, who on oath deposes and says that he is the Representative from District 119 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Courier

____________GEORGIA LAWS 2003 SESSION__________4489
Herald which is the official organ of Laurens County on March 21, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DUBOSE PORTER DuBose Porter Representative, District 119
Sworn to and subscribed before me, this 27th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
TOWN OF TYRONE - MAYOR AND COUNCIL; TERMS; ELECTION.
No. 318 (House Bill No. 890).
AN ACT
To amend an Act providing a new charter for the Town of Tyrone, approved April 17,1975 (Ga. L. 1975, p. 3876), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4759), so as to change the terms of office of the mayor and council and election provisions relating thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the Town of Tyrone, approved April 17, 1975 (Ga. L. 1975, p. 3876), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4759), is amended by striking subsections (b) and (c) of Section 2.101 and inserting in their place the following:
"(b)(l) The councilmembers from posts 3 and 4 who are in office immediately prior to the date this paragraph becomes effective in 2003, and any person selected to fill a vacancy in such office, shall serve out their terms of office, which shall expire December 31,2003, and upon the election and qualification of their respective successors. Those successors shall be elected at the

4490 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
municipal general election in 2003, shall take office the first day of January immediately following that election, and shall serve for initial terms of office which shall expire December 31,2005, and upon the election and qualification of their respective successors. (2) The mayor and councilmembers from posts 1 and 2 who are in office immediately prior to the date this paragraph becomes effective in 2003, and any person selected to fill a vacancy in such office, shall serve out their terms of office, which shall expire December 31, 2004, and upon the election and qualification of their respective successors. Those successors shall be elected at the municipal general election in 2004, shall take office the first day of January immediately following that election, and serve for initial terms of office which shall expire December 31, 2007, and upon the election and qualification of their respective successors. (3) Successors to the mayor and councilmembers whose initial terms of office are to expire as provided in paragraphs (1) and (2) of this subsection, and all future successors to such officers whose terms are to expire, shall be elected at the municipal 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 and until their respective successors are elected and qualified. (4) For purposes of this charter, the terms 'councilmen' and 'councilmembers1 shall be synonymous. (c) The municipal general election for the Town of Tyrone shall be conducted on the Tuesday next following the first Monday in November in 2003 and 2004 and on that day thereafter in only the odd-numbered years."
SECTION 2. Said Act is further amended by striking Section 3.102 and inserting in its place the following:
"SECTION 3.102. Terms; qualifications; compensation.
The mayor shall have attained the age of 21 years prior to the date of the election and shall have been a resident of the Town of Tyrone for a period of at least 12 months immediately preceding his or her election. He or she shall continue to reside in the Town of Tyrone during the period of his or her service. The mayor shall receive such annual salary as shall be fixed by the town council which shall not be reduced during the term for which he or she shall have been appointed or elected. The mayor shall also receive compensation for any actual and necessary expenses incurred in the performance of his or her duties of office as provided in Section 2.104."

____________GEORGIA LAWS 2003 SESSION__________4491
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 session of the General Assembly of Georgia a bill be presented with the revisions to the Charter, for the Town of Tyrone, Georgia, to provide for four year terms of office for the Mayor and Councilmembers.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virgil Fludd, who on oath deposes and says that he is the Representative from District 48, Post 4 and further deposes and says 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 March 19, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ VIRGIL FLUDD Virgil Fludd Representative, District 48, Post 4
Sworn to and subscribed before me, this 27th day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.

4492 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LOWNDES COUNTY - BOARD OF COMMISSIONERS; RECONSTITUTION OF BOARD.
No. 319 (House Bill No. 896).
AN ACT
To amend and supersede the laws pertaining to the governing authority ofLowndes County; to provide for a Board of Commissioners of Lowndes County; to provide for the powers of the board of commissioners, the composition of the board of commissioners, election districts, qualifications of commissioners, terms of office for commissioners, filling vacancies, meetings, a quorum, the responsibilities ofthe chairperson, a vice chairperson and the vice chairperson's responsibilities; to provide for oaths, bonds, budgets, audits, a county manager, a clerk, minutes, compensation and expenses of commissioners, submission for approval pursuant to the federal Voting Rights Act of 1965, severability, an effective date, the repeal of existing enabling legislation and other conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The Board of Commissioners of Lowndes County ("the board") which existed on January 1, 2003, is continued in existence as the governing authority of Lowndes County but on and after January 1, 2005, shall be constituted as provided in this Act.
SECTION 2. The board shall have the power and authority to fix and establish by appropriate resolution entered on its minutes policies, rules, and regulations governing all matters r eserved t o the jurisdiction o f t he b oard. S uch p olicies, r ules, a nd regulations, when so adopted with proper entry thereof made on the minutes of the board, shall be conclusive and binding. The board shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. The following powers are vested in the board and reserved to its exclusive jurisdiction:
(1) To levy taxes; (2) To fix fees; (3) To make appropriations; (4) To fix rates and charges for services provided by the county; (5) To authorize the incurring of indebtedness; (6) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (7) To authorize and provide for the execution of contracts;

_____________GEORGIA LAWS 2003 SESSION__________4493
(8) To establish, alter, open, close, build, repair, or abolish public roads and bridges, according to law; provided, however, that the chairperson shall have the authority to adopt subdivision plats when the requirement established by the Board for subdivisions is met; (9) To accept for the county the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To exercise all powers, duties, and authority in respect to zoning and planning; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation which the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; (16) To appoint retained legal counsel and an independent county auditor and provide for their compensation; (17) To exercise all of the power and authority which is or may be vested in the board by the Constitution or laws of this state; and (18) To exercise all power and authority formerly vested in the board.
SECTION 3. (a) Those four members of the board who are serving as such on December 31, 2003, 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, which shall expire December 31, 2004, and upon the election and qualification of their respective successors. On and after January 1,2005, the board shall consist of four members, three of whom shall be elected from commissioner districts described in subsection (b) of this section and the fourth of whom shall be the chairperson who is elected at large. (b) For purposes of electing members of the board other than the chairperson, Lowndes County is divided into three commissioner districts. One member of the board shall be elected from each such district. The three commissioner districts shall be and correspond to those three numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: Iowndesccwk9r Plan Type: Local User: Blake Administrator: Lowndes. (c) When used in such attachment, the terms Tract' and 'BG1 (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 Lowndes County which is not included in any such district described in that attachment shall

4494 LOCAL AND SPECIAL ACTS AND RESOLUTION S, VOL. II
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 Lowndes 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 4. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office. (b) In order to be elected or appointed as a member of the board from a commissioner district, a person must have that person's legal residence in that district and, ifelected, must receive the number ofvotes cast as required by general law for that office in that district only and not at large. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant. (c) The member of the board who is chairperson of the board may reside anywhere within Lowndes County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The chairperson must continue to reside within the county during that person's term of office or that office shall become vacant.
SECTION 5. (a) The members of the reconstituted board shall be elected as provided in this subsection. The first members of the board elected under this Act shall be elected at the November general election on the Tuesday next following the first Monday in November, 2004. The chairperson and that member of the board elected thereto as district representative from Commissioner District 1 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 members of the board elected thereto as district representatives from Commissioner Districts 2 and 3 in 2004 shall take office the first day of January immediately following that election and shall

____________GEORGIA LAWS 2003 SESSION__________4495
serve for initial terms of office which expire December 31, 2006, and upon the election and qualification of their respective successors. All future successors to members of the board whose terms of office are to expire shall be elected at the time of the November 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) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (c) Commissioner Districts 1, 2, and 3, as they exist on January 1, 2003, shall continue to be designated as Commissioner Districts 1, 2, and 3, respectively, but as newly described under this Act, and on and after the date this Act becomes effective such members of the board who are district representatives 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 6. When a vacancy occurs on the board under the laws of this state and the unexpired term of office exceeds six months in duration, it shall be the duty of the election superintendent of the county to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided by the Georgia Election Code, and the cost of the election shall be defrayed by proper county authorities. If the unexpired term to be filled is six months or less in duration in the case of the term of a district representative, the chairperson shall nominate and the board shall approve a successor to fill the unexpired term, and in the case of the term of the chairperson, the remaining members of the board shall elect a successor to fill the unexpired term of the chairperson. Persons elected or appointed to fill a vacancy in office shall serve out the unexpired term and until a successor is elected and qualified.
SECTION 7. The board shall hold a minimum of one regular meeting per month for the transaction ofbusiness as may legitimately come before it. The board may convene in special meetings on the call of the chairperson, as the business of the board may require. The district representatives may at any time convene a special meeting of the board upon call by any one of them as the business of the board may require, provided the chairperson is unable or fails to call such meeting upon request.
SECTION 8. The chairperson and any two district members shall constitute a quorum. In the absence of the chairperson, all three district representatives shall constitute a quorum.

4496 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 9. The chairperson shall be the official head of the board. The chairperson shall cause an agenda to be established for and preside at all meetings of the board unless absent. The chairperson shall have all the rights, powers, duties, and responsibilities of a member of the board, including the right and power to make motions and nominations, except that the chairperson shall not vote on matters before the board except to express unanimity or where there is an equal division on the question. The chairperson may serve as a member of boards, commissions, and committees required by law or requested by the board and shall perform such other duties as may be required by law.
SECTION 10. The board shall elect one of the district representatives to serve as vice chairperson. The vice chairperson shall cause an agenda to be established for and preside at all meetings at which the chairperson is absent. In such event, the vice chairperson shall retain all of his or her rights, duties, powers, and responsibilities as a district representative, including the right to make motions and to vote on matters before the board.
SECTION 11. Before entering upon the discharge of their duties, the chairperson and district represenatives shall subscribe to an oath for the true and faithful performance of their duties and that they are not the holders of any unaccounted for public funds.
SECTION 12. The chairperson shall give a satisfactory surety bond, as determined by the judge of the Probate Court of Lowndes County, and payable to the judge of the Probate Court of Lowndes County and filed in the office of the judge of the Probate Court of Lowndes County, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each representative shall give like bond in the sum of $25,000.00. The costs of said bonds shall be paid from county funds.
SECTION 13. The board shall adopt and operate under annual budgets in accordance with the laws of this state.
SECTION 14. The board shall provide for and cause to be made annual audits in accordance with the laws of this state.

__________GEORGIA LAWS 2003 SESSION__________4497
SECTION 15. The board may create in and for Lowndes County the office of county manager and vest in such office powers, duties, and responsibilities of an administrative nature in accordance with the laws of this state.
SECTION 16. The board may appoint a clerk in and for Lowndes County consistent with the laws of this state. The clerk shall be a resident of Lowndes County. Before entering upon the discharge of his or her duties, the clerk shall give a satisfactory surety bond, as determined by the judge of the Probate Court of Lowndes County, and payable to the judge of the Probate Court of Lowndes County and filed in the office of the judge of the Probate Court of Lowndes County, in the sum of $50,000.00, conditioned upon the faithful performance of his or her duties as clerk and to account for any and all funds, property, or effects which may come into his or her hands as clerk or otherwise. The costs of such bond shall be paid from county funds.
SECTION 17. The board shall cause minutes of its meetings to be kept in accordance with the laws of this state.
SECTION 18. Salaries, compensation, expenses, and expenses in the nature of compensation to which members of the board serving on the effective date of this Act are currently entitled shall continue in full force and effect. Salaries, compensation, expenses, and expenses in the nature of compensation to which members of the board are thereafter entitled shall be fixed pursuant to the laws of this state.
SECTION 19. The governing authority of Lowndes County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 20. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

4498 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 21. In the event any provision of this Act is unconstitutional or cannot be implemented under federal law, the remaining provisions ofthis Act shall remain valid and offull force and effect.
SECTION 22. The Act creating the Board of Commissioners of Lowndes County, Georgia, approved February 12,1945 (Ga. L. 1945, p. 639), and all amendments thereto, and all other laws and parts of laws in conflict with this Act, are repealed.
Plan Name: Iowndesccwk9r Plan Type: Local User: Blake Administrator: Lowndes
Redistricting Plan Components Report
District 001 Lowndes County
Tract: 101.02 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 1040 1041 1042 1043 1044 1045 1046 1047 1048 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2014 2015 2018 2019 Tract: 104.02 BG:3 Tract: 105 BG: 1 1019 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Tract: 106.01 BG:3 Tract: 106.02 BG: 1 1004 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG:2 BG:3 3000 3001 3002 3003 3004 3005 Tract: 106.03

___________GEORGIA LAWS 2003 SESSION__________4499
Tract: 107 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 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 2063 2067 2068 2069 2070 2071 2072 Tract: 108 BG: 1 BG:2 BG:3 BG:4 BG:5 Tract: 109 Tract: 110 Tract: 113.01 BG: 1 1012 1013 1014 1015 1016 1017 1018 1019 1020 BG:3 3000 3001 3006 3007 3017 3018 BG:4 4019 4020 4021 4022 4026 4027 4028 4029 Tract: 113.02 BG: 1 1017 1018 1019 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 BG:2 BG:3 Tract: 114.01 BG: 1 1002 1003 1004 1005 1006 1011 1012 1013 1014 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2012 2014 Tract: 114.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1029 10301031 1032

4500 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 2029 2030 2031 2032 2996 2997 2998 2999
District 002 Lowndes County
Tract: 101.01 Tract: 101.02 BG: 1 1038 1039 1049 1050 BG:2 200920102011 2012201320162017 BG:3 Tract: 101.03 Tract: 102.01 BG: 1 BG:2 BG:3 3000 3001 3002 3003 3004 3005 Tract: 102.02 Tract: 103.01 Tract: 103.02 Tract: 104.01 Tract: 104.02 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2026 2027 2028 Tract: 106.01 BG: 1 BG:2 Tract: 106.02 BG: 1 1000 1001 1002 1003 1009 1019 1020 BG:3 3006 3007 3008 3009 3010 3011
District 003 Lowndes County
Tract: 102.01 BG:3 3006 Tract: 104.02

____________GEORGIA LAWS 2003 SESSION__________4501
EG: 2 2017 2018 2019 2020 2021 2022 2023 2024 2025 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 Tract: 105 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 10141015 1016 1017 1018 BG:2 201020112012 Tract: 107 BG: 1 1039 1040 BG:2 2060 2061 2062 2064 2065 2066 BG:3 Tract: 108 BG:6 Tract: 111 Tract: 112 Tract: 113.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1021 1022 BG:2 BG:3 3002 3003 3004 3005 3008 3009 3010 3011 3012 3013 3014 3015 3016 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4023 4024 4025 Tract: 113.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1020 1021 1022 1023 1024 1025 Tract: 114.01 BG: 1 1000 1001 1007 1008 1009 1010 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 BG:2 20112013 BG:3 Tract: 114.02 BG: 1

4502 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 BG:2 2020 2021 2022 2023 2024 2025 2026 2027 2028 2033 2034 2035 2036 2037 2038 2039 2040 2041 BG:3 Tract: 114.03 Tract: 115 Tract: 116
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend and supersede the laws pertained to the governing authority of Lowndes County; to provide for a board of commissioners of Lowndes County; to provide for the powers of the board of commissioners, the composition of the board of commissions, election districts, qualifications of commissioners, terms of office for commissioners, filling vacancies, meetings, a quorum, the responsibilities of the chairperson, a vice chairperson and the vice chairperson and the vice chairperson's responsibilities; to provide for oaths, bonds, budgets, audits, a county manager, a clerk, minutes, compensation and expenses of commissioners, submission for approval pursuant to the federal Voting Rights Act of 1965, severability, an effective date; the repeal of existing enabling legislation and other conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ellis Black, who on oath deposes and says that he is the Representative from District 144 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County on March 14,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ELLIS BLACK Ellis Black Representative, District 144
Sworn to and subscribed before me, this 27th day of March, 2003.
s/ DEANA COKER Deana Coker

____________GEORGIA LAWS 2003 SESSION_________4503
Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
CITY OF MORGAN - NEW CHARTER.
No. 320 (House Bill No. 912).
AN ACT
To provide a new charter for the City of Morgan; 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 ofsuch governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof, are incorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style City of Morgan, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The corporate boundaries of this city shall be those existing on the earliest effective date in 2003 of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Morgan, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not

___________GEORGIA LAWS 2003 SESSION_________4505
redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city

4506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards ofhealth and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection ofproperty and equipment ofthe city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same;

__________GEORGIA LAWS 2003 SESSION__________4507
(21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, public grounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, other public utilities, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 ofthe O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city;

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(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits ofthe city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; a nd t o p rovide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation ofalcoholic beverages and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the

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safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws ofthe State ofGeorgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.13. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. The city council established shall in all respects be a successor to and continuation of the city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by this charter.
SECTION 2.11. City councilmembers; terms and qualifications for office.
The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident ofthe city for 12 months prior to the date of election of mayor or members of the city council; each shall continue to reside therein during that person's period of service and to be registered and qualified to vote in municipal elections of this city.

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SECTION 2.12. Vacancy; filling of vacancies; suspension.
(a) Vacancies - The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution, Title 45 of the O.C.G. A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment 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 Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted. (c) Suspension - Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest - No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A.,

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concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (c) Disclosure - Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property - No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable - Any violation ofthis section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of elected official - Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected. (g) Political activities of certain officers and employees - No appointive officer of the city shall continue in such employment upon qualifying as a candidate for

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nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise, (h) Penalties for violation -
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit that person's office or position as described in paragraph (1) of this subsection, shall be ineligible for appointment ore lection t o o r e mployment i n a p osition i n t he c ity government for a period of three years thereafter.
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquires and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.
SECTION 2.16. General power and authority of the city council.
Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city.
SECTION 2.17. Organizational meetings.
The city council shall hold an organizational meeting on the second Monday in January following the municipal election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor) (councilmember) ofthis city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."

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SECTION 2.18. Meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 2.19. Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.20. Quorum: voting.
Three members ofthe city council shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three members of the city council shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote.

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SECTION 2.21. Ordinance form; procedures.
(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Morgan" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.23 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 2.22. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.23. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

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(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
SECTION 2.24. 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 2.21 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.25 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.25. 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, or on the internet, all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Morgan, Georgia." Copies of the code shall be furnished to all officers, departments and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council or supplied on the internet. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and

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distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.26. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four years and until a mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit the office of mayor on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.27. Mayor pro tempore.
By a majority vote, the councilmembers shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's physical or mental disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. The mayor pro tempore shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter.
SECTION 2.28. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council and be counted toward a quorum as any other councilmember; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.

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ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers ofthe city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision ofthe mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.
SECTION 3.11. Boards, commissions and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, 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.

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(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All members of boards, commissions, or authorities of the city serve at will and may be removed at any time by the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission or authority of the city shall elect one of its members as chair and one member as vice-chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the clerk of the city.
SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney.
SECTION 3.13. City clerk.
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council.
SECTION 3.14. Personnel policies.
All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.

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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 Morgan.
SECTION 4.11. Chiefjudge; associate judge.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall 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 or resolution. (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 judge's office to the best ofthat 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 2.19 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance or resolution.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 60 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.

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(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance ofpersons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Calhoun County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the

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efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code" as now or hereafter amended.
SECTION 5.11. Regular elections; time for holding.
On the Tuesday next following the first Monday in November, 2005, and quadrennially thereafter, there shall be an election for the mayor and the councilmembers. The terms of office shall begin on the date of the organizational meeting provided in Section 2.17 of this charter.
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
SECTION 5.13. Election by plurality vote.
The person receiving a plurality ofthe votes cast for any city office shall be elected.
SECTION 5.14. Special elections; vacancies.
(a) In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint

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a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended, (b) Vacancies must be filled in accordance with the procedural requirements of subsection (b) of Code Section 45-5-1 of the O.C.G.A. and special elections held in accordance with Chapter 2 of Title 21 of the O.C.G.A.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Calhoun County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Calhoun County following a hearing on a complaint seeking such removal brought by any resident of the City of Morgan.

____________GEORGIA LAWS 2003 SESSION__________4523
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
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.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory fees; permits.
The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18 of this charter.

4524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
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 provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. Ifunpaid, such charges shall be collected as provided in Section 6.18 ofthis charter.

____________GEORGIA LAWS 2003 SESSION__________4525
SECTION 6.17. Construction; other taxes and fees.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.

4526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.22. Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.24. Preparation of budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Submission of operating budget to city council.
On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

____________GEORGIA LAWS 2003 SESSION__________4527
SECTION 6.26. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the 20th day of December 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 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.

4528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 6.29. Capital budget.
(a) On or before the date fixed by the city council but no later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.23 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the December 20 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance or resolution.
SECTION 6.30. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.31. 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 2.19 of this charter.

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SECTION 6.32. Centralized purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of city property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.

4530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.11. Prior ordinances.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) Except as specifically provided otherwise by this charter, the term:
(1) "City council" means the members of the city council and the mayor. (2) "Councilmember" means a member of the city council other than the mayor.
SECTION 7.15. Specific repealer.
An Act incorporating the City of Morgan in the County of Calhoun, approved February 14, 1939 (Ga. L. 1939, p. 1205), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

____________GEORGIA LAWS 2003 SESSION__________4531
SECTION 7.16. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that I plan to introduce a bill in the General Assembly of Georgia to provide for the comprehensive revision of the Charter for the City of Morgan, Georgia.
This 6th day of February, 2003.
Bob Hanner, Representative
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who on oath deposes and says that he is the Representative from District 133 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Calhoun County on February 8,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BOB HANNER Bob Hanner Representative, District 133
Sworn to and subscribed before me, this 6th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.

4532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MACON COUNTY - BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 321 (House Bill No. 913).
AN ACT
To create a board of elections and registration for Macon County and provide for its powers and duties, so as to provide for definitions; to provide for the composition ofthe board and the selection and appointment ofmembers; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel, including a chief election official, and compensation; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal of this Act under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. As used in this Act, the term:
(1) "Board" means the Macon County Board of Elections and Registration. (2) "Commissioners" means the Board of Commissioners of Macon County. (3) "County" means Macon County. (4) "Election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 20 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act.
SECTION 2. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created, effective July 1, 2003, the Macon County Board of Elections and Registration. The board shall have the powers and duties of the former Macon County election superintendent relating to the conduct of primaries and elections and shall have the powers and duties of the Macon County Board of Registrars relating to the registration of voters and absentee balloting procedures.

____________GEORGIA LAWS 2003 SESSION__________4533
SECTION 3. (a) The board shall be composed of three members, each of whom shall be an elector and a resident of Macon County. All members of the board shall be appointed by the Board of Commissioners of Macon County. The Macon County Board of Elections and Registration shall select a chairperson from among its members. (b) The initial terms ofoffice oftwo members shall expire December 31,2005, and upon the appointment and qualification of their respective successors. The initial term of office of the remaining member of the board shall expire December 31, 2007, and upon the appointment and qualification of his or her successor.
SECTION 4. The board shall appoint a person to serve as the chief election official of Macon County. Such position shall be part time or full time as determined by the board and such person shall be paid a salary to be set by the board and payable from county funds. The chief election official shall generally direct and control the administration of elections and voter registration in Macon County. The chief election official shall be supervised by the board and shall be subject to removal from office by the board, with or without cause. The chief election official shall not be a member of the board nor an elected official.
SECTION 5. Each member of the board shall:
(1) Serve for a term of four years and until a successor is appointed and qualified, except that initial terms of office shall be as provided in subsection (b) of Section 3 of this Act; (2) Be eligible to be reappointed to succeed himself or herself and shall have the right to resign at any time by giving written notice of such resignation to the commissioners and to the clerk of the Superior Court of Macon County; and (3) Be subject to removal from the board at any time for cause, after notice and hearing, by the chiefjudge of the Superior Court of Macon County.
SECTION 6. (a) The appointment of each member shall be evidenced by the appointing authority filing an affidavit with the clerk of the Superior Court of Macon County no later than 30 days preceding the date on which such member is to take office. Such affidavit shall state the name and residence address of the person appointed and certify that such member has been duly appointed as provided in this Act. The clerk of the Superior Court of Macon County shall be notified of interim appointments and shall record and certify such appointments in the same manner as the regular appointment of members. (b) The clerk of the Superior Court of Macon County shall record each such certification on the minutes of that superior court and shall certify the name of each

4534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for county registrars.
SECTION 7. In the event a vacancy occurs in the office of any member before the expiration of a term by reason of removal, death, resignation, or otherwise, the appointing authority which is required under Section 3 of this Act to make the appointment to the office upon expiration of the term shall appoint a successor to serve for the remainder of the unexpired term in the manner set forth in Section 3 of this Act.
SECTION 8. (a) The first members of the board under this Act shall be appointed as provided in this Act and take office on July 1, 2003. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Macon County. (b) Before entering upon the duties of office, each member shall take substantially the same oath as required by law for county registrars and shall have the same privileges from arrest.
SECTION 9. (a) The Macon County Board of Elections and Registration shall be empowered with all the powers and duties relating to the conduct of primaries and elections as election superintendents pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (b) The board is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose.
SECTION 10. No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective public office, and the position of membership of any member shall be deemed vacant upon such member's qualifying as a candidate for an elective public office.
SECTION 11. Any rule or regulation promulgated by a county executive committee of a political party under the provisions of subsection (c) of Code Section 21-2-111 of the O.C.G.A. with regard to the conduct of primaries shall be null and void if in conflict with a valid rule or regulation of the board.

_____________GEORGIA LAWS 2003 SESSION__________4535
SECTION 12. (a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the commissioners or any other public agency to bear any expense of conducting primaries not otherwise required by law. (b) The board shall have the authority to serve as municipal registrar and to conduct municipal elections and primaries for any municipal corporation located within Macon County if such municipal corporation has entered into a contract for that purpose with the Macon County Board of Commissioners.
SECTION 13. With the approval of the commissioners, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to inform and instruct electors of the county adequately with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.
SECTION 14. (a) The board shall be authorized and empowered to organize itself, may elect from among its membership a vice chairperson, shall determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such actions as are appropriate to the management of its affairs; provided, however, that no such action shall conflict with general law. (b) Action and decision by the board shall be by a majority vote of a quorum of the members of the board.
SECTION 15. (a) The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. The board shall hold meetings at the county courthouse or at the place of meeting of the commissioners. These meetings shall be held quarterly in years in which there are no county-wide elections and monthly in years in which there are county-wide elections. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after the notification of the time and place of the holding of such meeting has been communicated in writing to the chief election official to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records.

4536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 16. (a) The chairperson of the board of elections and registration shall chair all meetings of the board and be the spokesperson for the board. (b) The members of the board shall receive no compensation for their service as members of the board but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. (c) All amounts payable under this section shall be paid from the funds of Macon County.
SECTION 17. Subject to appropriation of funds by the commissioners, the board shall be authorized to expend public funds to provide for such proper and suitable administrative offices and for such clerical assistance and other employees as the board shall deem appropriate. Compensation for such administrative personnel shall be paid by the board under the county personnel system wholly from county funds. This section shall not be construed so as to require the board to expend any funds simply because they are authorized to do so under this Act. Employees of the board shall be considered county employees for pay, benefits, sick leave, vacation, and for other purposes.
SECTION 18. The board shall be responsible for the selection, appointment, and training of poll workers in elections. Such workers shall be appointed, insofar as practicable, from lists provided by the county executive committees of any political party whose nominee for President of the United States received at least 10 percent of the vote in Macon County during the most recent general election for that office. It shall be the responsibility of any such political party to provide said list to the board in a timely fashion and to supplement said list upon a reasonable request to do so.
SECTION 19. On July 1, 2003, the election superintendent of Macon County and the Board of Registrars of Macon County shall be relieved from all powers and duties to which the board of elections and registration succeeds by the provisions of this Act and shall deliver thereafter to the chairperson of the board, upon the chairperson's written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
SECTION 20. The Board of Commissioners of Macon County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. If implementation of this Act is not

____________GEORGIA LAWS 2003 SESSION__________4537
permissible under the federal Voting Rights Act of 1965, as amended, then as of July 1, 2003, this Act shall be void and stand repealed in its entirety.
SECTION 21. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 22. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Pursuant to O.C.G.A. Section 21 -2-40 and Section 28-1-14 notice is hereby given that there will be introduced in the General Assembly of this State at the 2003 Session thereof, a bill to set forth the creation of a Board of Elections and Registration of Macon County and formation of said body having being unanimously approved and adopted by the Board of Commissioners of Macon County, Georgia.
This Notice to apply for local legislation is given pursuant to requirements oflaw.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynmore James, who on oath deposes and says that he is the Representative from District 114 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Citizen-Georgian which is the official organ of Macon County on March 26,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LYNMORE JAMES Lynmore James Representative, District 114
Sworn to and subscribed before me, this 26th day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.

4538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHITFIELD COUNTY - HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; SENIOR CITIZENS; REFERENDUM.
No. 322 (House Bill No. 915).
AN ACT
To provide a homestead exemption from Whitfield County school district ad valorem taxes for educational purposes in the amount of $150,000.00 of the assessed value of the homestead for certain residents of that school district who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. For purposes of this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Whitfield County school district, including, but not limited to, taxes to pay interest on and to retire school bond indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made.
SECTION 2, (a) Each resident of the Whitfield County school district who is a senior citizen is granted an exemption on that person's homestead from all Whitfield County school district ad valorem taxes for educational purposes in the amount of $150,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Whitfield County giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.

_____________GEORGIA LAWS 2003 SESSION__________4539
SECTION 3. The tax commissioner of Whitfield County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Whitfield County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 5. The exemption granted by this Act shall not apply to or affect any state taxes, county taxes for county purposes, municipal taxes, or independent school district taxes. The homestead exemption granted by this Act shall be in addition to and not in lieu of any other homestead exemption applicable to Whitfield County school district ad valorem taxes for educational purposes.
SECTION 6. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1,2004.
SECTION 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Whitfield County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Whitfield County School District for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Whitfield County. The ballot shall have written or printed thereon the words:

4540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"YES ( ) Shall the Act be approved which provides a new homestead exemption from Whitfield County school district ad valorem taxes
NO ( ) for educational purposes in the amount of $150,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or over?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 6 shall become of full force and effect on January 1,2004. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Whitfield County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 8. Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the Regular 2003 Session of the General Assembly of Georgia a bill to provide a homestead exemption from Whitfield County school district ad valorem taxes for educational purposes for certain residents of that school district; to provide for a referendum; and for other purposes.
This 25th day of March, 2003.
Honorable Roger Williams Representative, District 4.
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 District 4 and further deposes and says that the attached Notice

____________GEORGIA LAWS 2003 SESSION__________4541
ofIntention to Introduce Local Legislation was published in the Daily Citizen News which is the official organ of Whitfield County on March 28, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ROGER WILLIAMS Roger Williams Representative, District 4
Sworn to and subscribed before me, this April 7, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
HART COUNTY - BOARD OF EDUCATION; DISTRICTS.
No. 323 (House Bill No. 920).
AN ACT
To amend an Act entitled "An Act to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities," approved March 30, 1993 (Ga. L. 1993, p. 4215), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance 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 entitled "An Act to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities," approved March 30, 1993 (Ga. L. 1993, p. 4215), is amended by striking in their entirety subsections (b) and (c) of Section 2 and inserting in lieu thereof the following:
"(b) For purposes ofelecting members ofthe board ofeducation, the Hart County School District is divided into five education districts which shall correspond to Education Districts 1 through 5. The five education districts shall be and

4542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
correspond to those five numbered districts described in and attached to and made a part ofthis Act and further identified as Plan Name: hartwkl 2 Plan Type: Local User: Gina Administrator: Hart Co. (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 Hart 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 Hart 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. (d) Education Districts 1 through 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1 through 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 Act."
SECTION 2. The Board of Education of Hart County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

____________GEORGIA LAWS 2003 SESSION_______4543
Plan Name: hartwk!2 Plan Type: Local User: Gina Administrator: Hart Co.
Redistricting Plan Components Report
District 001 Hart County
Tract: 9604 BG:2 2030 2031 2032 2033 2034 2035 2036 2055 BG:3 3039 3040 3041 3042 3043 3044 3045 3046 3047 BG:4 4000 4001 4004 4012 4013 4014 4015 4016 4017 4018 4019 4076 4077 Tract: 9605 BG: 1 1005 1006 1007 1008 1009 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1998 BG:2 2053 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3013 3014 3015 3016 3017302530263027 BG:4 4011 4012 4013 4014 4015 4016 4017 4019 4020 4021 4025 4026 4027 4028 4029 4030 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 BG:5 5041 5042 5043 5044 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5065 5067 5069 5075 5076 5077 5078507950805081
District 002 Hart 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 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1084 1085 1999 BG:2 BG:3

4544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4020 4021 4022 4023 4995 4999 Tract: 9605 BG: 1 1000 10101011 1012 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 2051 2052 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2999 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4031 4032 4064 4065 4999 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 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5045 5082 5083 5084 5085 5086 5996 5997 5998 5999
District 003 Hart County
Tract: 9601 BG:4 4998 BG:5 5000 5001 5002 5003 5011 5012 5015 5016 5017 5018 5019 5020 5021 5022 5023 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5041 5997 5998 5999 Tract: 9602 BG:3 30003071 Tract: 9604 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2021 2022 2023 2024 2025 2026 2027 2028 2029 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2054 2998 2999 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011

____________GEORGIA LAWS 2003 SESSION________4545
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 Tract: 9605 BG: 1 1001 1002 1003 1004 BG:3 3008 3009 3010 3011 3012 3018 3019 3020 3021 3022 3023 3024 3028 3029 3030 3031 3032 3033 3034 BG:4 4018402240234024
District 004 Hart County
Tract: 9601 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 1054 1055 1077 1078 1079 1080 1081 1082 1083 1997 1998 BG:4 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4996 4997 BG:5 5004 5005 5006 5007 5008 5009 5010 5013 5014 5024 5025 5026 5027 Tract: 9602 BG: 1 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 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 3068 3069 3070 3072 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 31033104310531063107
District 005 Hart County
Tract: 9601

4546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BG:5 5039 5040 Tract: 9602 BG:3 307330743075307630773108310931103111311231133114 3115 Tract: 9603 Tract: 9604 BG:2 2017 2018 2019 2020 2050 2051 2052 2053 BG:4 4002 4003 4005 4006 4007 4008 4009 4010 4011 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 4068 4069 4070 4071 4072 4073 4074 4075 4078 Tract: 9605 BG:5 5060 5061 5062 5063 5064 5066 5068 5070 5071 5072 5073 5074
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the Regular 2003 Session of the General Assembly of Georgia a bill to establish new districts for the Hart County Board of Commissioners and the Hart County Board of Education and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan Powell, who on oath deposes and says that he is the Representative from District 23 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County on March 20, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ALAN POWELL Alan Powell Representative, District 23

____________GEORGIA LAWS 2003 SESSION__________4547
Sworn to and subscribed before me, this 25th day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
HART COUNTY - BOARD OF COMMISSIONERS; DISTRICTS.
No. 324 (House Bill No. 921).
AN ACT
To amend an Act entitled "An Act to create the Board of Commissioners of Hart County," approved March 30, 1993 (Ga. L. 1993, p. 4232), so as to change the description ofthe commissioners districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance 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 entitled "An Act to create the Board of Commissioners of Hart County," approved March 30, 1993 (Ga. L. 1993, p. 4232), is amended by striking in their entirety subsections (b) and (c) of Section 1 and inserting in lieu thereof the following:
"(b) For purposes of electing members of the board of commissioners, Hart County is divided into five commissioner districts. The five commissioner 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: hartwk!2 Plan Type: Local User: Gina Administrator: Hart Co. (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 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 Hart

4548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Hart 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. (d) Commissioner Districts 1 through 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1 through 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. The Board of Commissioners of Hart County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: hartwk 12 Plan Type: Local User: Gina Administrator: Hart Co.
Redistricting Plan Components Report
District 001 Hart County
Tract: 9604 BG:2 2030 2031 2032 2033 2034 2035 2036 2055 BG:3 3039 3040 3041 3042 3043 3044 3045 3046 3047 BG:4 4000 4001 4004 4012 4013 4014 4015 4016 4017 4018 4019 4076

____________GEORGIA LAWS 2003 SESSION__________4549
4077 Tract: 9605 BG: 1 1005 1006 1007 1008 1009 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1998 BG:2 2053 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3013 3014 3015 3016 3017302530263027 BG:4 4011 4012 4013 4014 4015 4016 4017 4019 4020 4021 4025 4026 4027 4028 4029 4030 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 BG:5 5041 5042 5043 5044 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5065 5067 5069 5075 5076 5077 5078507950805081
District 002 Hart 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 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1084 1085 1999 BG:2 BG:3 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4020 4021 4022 4023 4995 4999 Tract: 9605 BG: 1 1000 1010 1011 1012 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 2051 2052 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2999

4550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4031 4032 4064 4065 4999 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 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5045 5082 5083 5084 5085 5086 5996 5997 5998 5999
District 003 Hart County
Tract: 9601 BG:4 4998 BG:5 5000 5001 5002 5003 5011 5012 5015 5016 5017 5018 5019 5020 5021 5022 5023 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5041 5997 5998 5999 Tract: 9602 BG:3 30003071 Tract: 9604 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2021 2022 2023 2024 2025 2026 2027 2028 2029 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2054 2998 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 303630373038 Tract: 9605 BG: 1 1001 1002 1003 1004 BG:3 3008 3009 3010 3011 3012 3018 3019 3020 3021 3022 3023 3024 3028 3029 3030 3031 3032 3033 3034 BG:4 4018402240234024

____________GEORGIA LAWS 2003 SESSION__________4551
District 004 Hart County
Tract: 9601 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 1054 1055 1077 1078 1079 1080 1081 1082 1083 1997 1998 BG:4 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4996 4997 BG:5 5004 5005 5006 5007 5008 5009 5010 5013 5014 5024 5025 5026 5027 Tract: 9602 BG: 1 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 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 3068 3069 3070 3072 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 31033104310531063107
District 005 Hart County
Tract: 9601 BG:5 5039 5040 Tract: 9602 BG:3 307330743075307630773108310931103111 311231133114 3115 Tract: 9603 Tract: 9604 BG:2 2017 2018 2019 2020 2050 2051 2052 2053 BG:4 4002 4003 4005 4006 4007 4008 4009 4010 4011 4020 4021 4022

4552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 4068 4069 4070 4071 4072 4073 4074 4075 4078 Tract: 9605 BG:5 5060 5061 5062 5063 5064 5066 5068 5070 5071 5072 5073 5074
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the Regular 2003 Session of the General Assembly of Georgia a bill to establish new districts for the Hart County Board of Commissioners and the Hart County Board of Education and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan Powell, who on oath deposes and says that he is the Representative from District 23 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County on March 20, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ALAN POWELL Alan Powell Representative, District 23
Sworn to and subscribed before me, this 27th day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.

____________GEORGIA LAWS 2003 SESSION__________4553
STEWART COUNTY - JUDGE OF PROBATE COURT: NONPARTISAN ELECTION.
No. 325 (House Bill No. 924).
AN ACT
To provide that future elections for the office of probate judge of Stewart County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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. All elections for the office of probate judge of Stewart County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the November general election immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. Nothing in this Act shall affect the term of office of the probate judge of Stewart County in office on the effective date of this Act. The sitting probate judge shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.
SECTION 3. The governing authority of Stewart County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

4554 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation
Notice is given that here will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to provide that future elections for the office of probate judge of Stewart County shall be non-partisan elections; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 134 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal which is the official organ of Stewart County on March 27, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GERALD GREENE Gerald Greene Representative, District 134
Sworn to and subscribed before me, this 3rd day of April, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
CALHOUN COUNTY - JUDGE OF PROBATE COURT; NONPARTISAN ELECTION.
No. 326 (House Bill No. 926).
AN ACT
To provide that future elections for the office of probate judge of Calhoun County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

_____________GEORGIA LAWS 2003 SESSION__________4555
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. All elections for the office of probate judge of Calhoun County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the November general election immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. Nothing in this Act shall affect the term of office of the probate judge of Calhoun County in office on the effective date of this Act. The sitting probate judge shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.
SECTION 3. The governing authority of Calhoun County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there wil be introduced at the regular 2003 session of the General Assembly of Georgia a bill to provide that future elections for the office of probate judge of Calhoun County shall be nonpartisan elections; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the

4556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Representative from District 134 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Calhoun County on March 28,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GERALD GREENE Gerald Greene Representative, District 134
Sworn to and subscribed before me, this 3rd day of April, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
SCREVEN COUNTY PUBLIC FACILITIES AUTHORITY - CREATION.
No. 327 (House Bill No. 936).
AN ACT
To create the Screven County Public Facilities Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges, and earnings of the Authority, contract payments to the Authority, and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the Authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the Authority and to define the rights of the holders of such obligations; to make the revenue bonds of the Authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Short title.
This Act shall be known and may be cited as the "Screven County Public Facilities Authority Act."
SECTION 2. Screven County Public Facilities Authority.
(a) There is hereby created a public body corporate and politic to be known as the "Screven County Public Facilities Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall have perpetual existence. (b) The Authority shall consist of five members who shall be appointed by the Board of Commissioners of Screven County, With respect to the initial appointment by the Board of Commissioners of Screven County, two members shall be appointed for a term of three years; two members shall be appointed for a term of two years; and one member shall be appointed for a term of one year. Thereafter, all appointments shall be made for terms of three years and until successors are appointed and qualified. Immediately after such appointments, the members of the Authority shall enter upon their duties. To be eligible for appointment as a member of the Authority, a person shall be at least 21 years of age and a resident of Screven County, Georgia, for at least two years prior to the date of his or her appointment and shall not have been convicted of a felony. Any member of the Authority may be selected and appointed to succeed himself or herself. (c) The Board of Commissioners of Screven County may provide by resolution for compensation for the services of the members of the Authority in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance oftheir duties. (d) The members of the Authority shall elect one of their number as chairperson and another as vice chairperson. The members of the Authority shall also elect a secretary, who need not be a member of the Authority, and may also elect a treasurer, who need not be a member of the Authority. The secretary may also serve as treasurer. If the secretary or treasurer are not members of the Authority, such officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the Authority.

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SECTION 3. Definitions.
As used in this Act, the term: (a) "Authority" means the Screven County Public Facilities Authority created by this Act. (b) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents' expenses, legal expenses, plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized in this Act; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (c) "Project" means:
(1) All buildings, facilities, and equipment necessary or convenient for the efficient operation of:
(A) Screven County, Georgia, or any department, agency, division, or commission thereof; (B) The Screven County School District; or (C) Any other political subdivision of the State of Georgia located within Screven County, Georgia; and (2) Any "undertaking" permitted by the Revenue Bond Law. (d) "Revenue Bond Law" means the Revenue Bond Law of the State of Georgia, codified at O.C.G. A. Section 36-82-62 et seq., as amended, or any other similar law hereinafter enacted. (e) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (f) "Self-liquidating" means any project from which the revenues and earnings to be derived by the Authority therefrom, including but not limited to any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (g) "State" means the State of Georgia.
SECTION 4. Powers.
The Authority shall have the power: (1) To have a seal and alter the same at its pleasure;

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(2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes; to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the Authority. The Authority shall be under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act. In any proceedings to condemn, such orders may be made by the court having jurisdiction ofthe suit, action, or proceedings as may be just to the Authority and to the owners of the property to be condemned. No property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless, at the time such property is so acquired, a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To execute contracts, leases, agreements, and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance ofa project; and any and all persons, firms, corporations, Screven County, Georgia, the Screven County School District, and any other political subdivision or municipality of the State ofGeorgia located in Screven County, Georgia, are hereby authorized to enter into contracts, leases, agreements, or instruments with the Authority upon such terms and for such purposes as they deem advisable and as they are authorized to enter into by law; (6) To acquire, construct, add to, extend, improve, equip, operate, maintain, lease, and dispose of projects; (7) To pay the costs ofthe project with the proceeds of revenue bonds or other obligations issued by the Authority or from any grant or contribution from the United States or any agency or instrumentality thereof or from this state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To accept loans or grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions as the United States or such agency or instrumentality may require; (9) To accept loans or grants of money or materials or property of any kind from this state or any agency or instrumentality or political subdivision thereof,

4560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
upon such terms and conditions as this state or such agency or instrumentality or political subdivision may require; (10) To borrow money for any of its corporate purposes, to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 5. Revenue bonds.
The Authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the Authority created by this Act, shall have power and is authorized to provide by resolution for the issuance of revenue bonds of the Authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution for the issuance of such revenue bonds.
SECTION 6. Same; form; denomination; registration; place of payment.
The Authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for registration and exchangeability privileges. The Authority shall fix the place or places of payment of principal and interest thereon.
SECTION 7. Same; signatures; seal.
All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the Authority and the attesting manual or

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facsimile signature ofthe secretary, assistant secretary, or secretary-treasurer ofthe Authority, and the official seal of the Authority shall be impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary, or secretary-treasurer of the Authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such revenue bonds or coupons shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes in the same manner as if that person had remained in office until such delivery.
SECTION 8. Same; negotiability; exemption from taxation.
All revenue bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of this state. All revenue bonds and their transfer and the income therefrom shall be exempt from all taxation within this state.
SECTION 9. Same; sale; price; proceeds.
The Authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest of the Authority. The proceeds derived from the sale of revenue bonds shall be used solely for the purpose and purposes provided in the resolutions and proceedings authorizing the issuance of such revenue bonds.
SECTION 10. Same; interim receipts and certificates or temporary bonds.
Prior to the preparation of any definitive revenue bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates, or temporary revenue bonds, with or without coupons, exchangeable for definitive revenue bonds upon the issuance of the latter.
SECTION 11. Same; replacement of lost or mutilated bonds.
The Authority may provide for the replacement of any revenue bonds or coupons which shall become mutilated or be destroyed or lost.

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SECTION 12. Same; conditions precedent to issuance.
The Authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the Authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.
SECTION 13. Credit not pledged.
Revenue bonds ofthe Authority shall not be deemed to constitute a debt of Screven County, Georgia, nor a pledge of the faith and credit of said county, but such revenue bonds shall be payable solely from the fund hereinafter provided for. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatsoever for payment ofsuch revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions ofthis section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the Authority and said county to enter into an intergovernmental contract pursuant to which said county agrees to pay amounts sufficient to pay operating charges and other costs of the Authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the Authority.
SECTION 14. Trust indenture as security.
In the discretion of the Authority, any issuance of revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without this state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys.

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SECTION 15. To whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the Authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person who, or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 16. Sinking fund.
The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, fines, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the revenue bonds or the trust indenture may provide. Such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as the same shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.
SECTION 17. Remedies of bondholders.
Any holder of revenue bonds or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act, may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action,

4564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state, including specifically but without limitation, the Revenue Bond Law, or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the Authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.
SECTION 18. Validation.
Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state and any institution, department, or other agency of this state, and any county, municipality, school district, or other political subdivision or authority of this state which has contracted with the Authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated. Such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the Authority and all other defendants.
SECTION 19. Venue and jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Screven County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
SECTION 20. Interest of bondholders protected.
While any of the revenue bonds issued by the Authority remain outstanding, the powers, duties, or existence of said Authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority shall be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds nor shall the state itself so compete with the

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Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such revenue bonds, and upon the issuance of such revenue bonds under the provisions of this Act, shall constitute a contract with the holders of such revenue bonds.
SECTION 21. Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 22. Purpose of the Authority.
Without limiting the generality of any provision of this Act, the general purpose of the Authority is declared to be that of providing buildings, facilities, and services for the residents of Screven County, Georgia.
SECTION 23. Rates, charges and revenues; use.
The Authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished, and in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as provided in this Act to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.
SECTION 24. Rules, regulations, service policies, and procedures
for operation of projects.
It shall be the duty of the Authority to prescribe rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The Authority may adopt bylaws.
SECTION 25. Tort immunity.
To the extent permitted by law, the Authority shall have the same immunity and exemption from liability for torts and negligence as Screven County, Georgia; and

4566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the officers, agents, and employees ofthe Authority when in the performance ofthe work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Screven County, Georgia, when in the performance of their public duties or work of the county.
SECTION 26. Effect on other governments.
This Act shall not and does not in any way take from Screven County, Georgia, or any county or municipality the authority to own, operate, and maintain public facilities or to issue revenue bonds as provided by the Revenue Bond Law.
SECTION 27. Liberal construction of Act.
This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 28. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2003 Session of the General Assembly of Georgia a bill to adopt an Act creating the Screven County Public Facilities Authority, and for other purposes.
SCREVEN COUNTY BOARD OF COMMISSIONERS March 12, 2003
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who on oath deposes and says that he is the Representative from District 101 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sylvania Telephone which is the official organ of Screven County on March 27, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BOB LANE Bob Lane Representative, District 101

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Sworn to and subscribed before me, this 31st day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
CITY OF LOCUST GROVE - ELECTED OFFICIALS HOLDING OTHER APPOINTED POSITIONS.
No. 328 (House Bill No. 939).
AN ACT
To amend an Act creating a new charter for the City of Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the City of Locust Grove, approved April 7,1976 (Ga. L. 1976, p. 4426), as amended, is amended by striking subsection (a) of Section 2.16 and inserting in lieu thereof a new subsection (a) of Section 2.16 to read as follows:
"(a) An elected official of the city will not be disqualified from holding an appointment to any state, county, or city board, commission, committee, or authority. An elected official of the city will not be prohibited from receiving compensation for services and reimbursement for expenses while serving on any state, county, or city board, commission, committee, or authority."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 Session of the General Assembly of Georgia a bill to amend the Act creating a new Charter for the

4568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
City of Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended; and for other purposes.
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 District 85, Post 2 and further deposes and says 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 March 6, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHN LUNSFORD John Lunsford Representative, District 85, Post 2
Sworn to and subscribed before me, this 28th day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
CITY OF SALE CITY - NEW CHARTER.
No. 329 (House Bill No. 940).
AN ACT
To provide a new charter for the City of Sale City; to provide for incorporation, boundaries, and powers ofthe city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro 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,

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and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style City of Sale City, Georgia, and by that name shall have perpetual existence.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in City Hall of the City of Sale City and to be identified by the city clerk as Official Map of the Corporate Limits of the City of Sale City, Georgia. Photographic, typed, or other copy of such map or description certified by the City of Sale 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.

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SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
SECTION 1.13. Specific powers.
(a) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (b) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter, or for municipalities by the laws of the State of Georgia; and to provide for the payment of expenses of the city. (c) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades. (d) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees. (e) Condemnation. To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations. (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city.

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

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

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

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(mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles, (nn) Urban redevelopment. To organize and operate an urban redevelopment program. (oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provisions, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.

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SECTION 2.11. City council terms and qualifications for office.
The members of the city council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident ofthe city for six months prior to the date of election of mayor or member of the council; each person holding city office shall continue to reside therein during his or her period of service and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; filling of vacancies.
(a) Vacancies. The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired terms, if any, by appointment by the remaining councilmembers if less than six months remain in the unexpired term, otherwise by an election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 ofthe O.C.G.A., or such other laws as are or may hereafter be enacted.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Holding other office; voting when financially interested.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.

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SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the city council.
Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city.
SECTION 2.17. Eminent domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meetings.
The city council shall hold an organizational meeting on the first meeting in January following the regular election, as provided in Section 5.11. The meeting shall be called to order by the city clerk, and the oath of office shall be administered to the newly-elected members as follows:
"I, ______, do solemnly swear or affirm that I will properly perform the duties of the office of ________ in and for the City of Sale City, to the best of my knowledge, skill, and ability; that I am not the holder of any unaccounted for public money due to the State of Georgia or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, which I am by the laws of the State of Georgia prohibited from holding; that I am qualified to hold the office which I am about to enter according to the Constitution and

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laws of Georgia; that I will support the Constitution of the United States and the State of Georgia; that I have been a resident of the ward from which elected and the City of Sale City for the time required by the Constitution and laws of the State of Georgia and the charter of the City of Sale City, so help me God."
SECTION 2.19. Regular and special meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
SECTION 2.20. Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions ofthis charter and shall provide for keeping ajournal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum; voting.
Four councilmembers other than the mayor or the mayor and three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote, and the vote shall be recorded in the journal; but any member of the city council shall have the right to request a roll-call vote, and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers or two councilmembers and the mayor shall be required for the

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adoption of any ordinance, resolution, or motion; provided, however, the mayor shall vote only in the event of a tie. An abstention shall not be counted as an affirmative vote nor as a negative vote.
SECTION 2.22. Ordinance form; procedures.
(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Sale City," and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor a nd to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 2.23. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.24. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted,

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

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amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.27. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of two years and until 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 six months preceding the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedures as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.28. Chief executive officer.
The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative power granted to the city under the Constitution and laws of the State of Georgia and all the executive powers contained in this charter.
SECTION 2.29. Powers and duties of mayor.
As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Exercise supervision over all executive and administrative work ofthe city and over all employees and departments of the city and provide for the coordination of administrative activities; (3) Prepare and submit to the city council a recommended operating budget and capital budget; (4) Submit to the city council at least once a year a statement covering the financial conditions of the city and, from time to time, such other information as the city council may request; (5) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (6) Call special meetings of the city council as provided for in Section 2.19(b) of this charter;

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(7) Preside at all meetings of the city council and vote only in the event of a tie or when an affirmative or negative vote by the mayor constitutes a majority of three votes; (8) Provide for an annual audit of all accounts of the city; (9) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (10) Perform such other duties as may be required by law, this charter, or by ordinance.
SECTION 2.30. Mayor Pro Tern.; selection; duties.
By a majority vote, the city council shall elect a councilmember to serve as mayor pro tern. In the mayor's absence, the mayor pro tem. shall preside at meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability; provided that the mayor pro tem. shall vote as a member of the council at all times when serving as herein provided.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions of duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of city departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers, directors, and department heads under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers, directors, and department heads shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.

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SECTION 3.11. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by this charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed 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 chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.
SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council,

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mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney.
SECTION 3.13. City clerk.
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records, maintain city council records required by this charter, and perform such other duties as may be required by the city council.
SECTION 3.14. Personnel policies.
All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Municipal court creation.
There shall be a court to be known as the Municipal Court of the City of Sale City.
SECTION4.il. Chiefjudge; associate judge.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member ofthe State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.

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SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $ 1,000.00 or imprisonment for 180 days, or other such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.

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(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Mitchell County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge of the municipal court shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.11. Regular elections; time for holding.
Beginning in 2003, and every two years thereafter, on the Tuesday following the first Monday in November, there shall be an election for the mayor and city councilmembers for Posts 1 and 2. Beginning in 2004, and every two years thereafter, on the Tuesday following the first Monday in November, there shall be

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an election for city councilmembers for Posts 3,4, and 5. The terms of office shall begin at the organizational meeting as provided for in Section 2.18 of this charter.
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices, and names of all candidates for city offices shall be listed without party designations.
SECTION 5.13. Election by majority.
The person receiving a majority of the votes cast in the city election for the office of mayor shall be elected. The person receiving a majority of the votes cast in the city election for each ofthe city council posts shall be elected to the respective post.
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 ofTitle 21 ofthe O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city

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council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Mitchell County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Mitchell County following a hearing on a complaint seeking such removal brought by any resident of the City of Sale City.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION6.il. Millage rate; due dates; payment methods.
The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.

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

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

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SECTION 6.21. Short-terms 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 multi-year lease, purchase, or lease purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting the reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.24. Preparation of budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Submission of operating budget to city council.
On or before a date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and 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.

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SECTION 6.26. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. 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 January 1 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 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council, by ordinance, may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.

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SECTION 6.29. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.30. Contracting procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council, and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter.
SECTION 6.31. Centralized purchasing.
The city council, by ordinance, shall prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.32. Sale and lease of city property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting

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owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Prior ordinances.
All ordinances, resolutions, rules, and regulations now in force in the city and not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.

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SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Specific repealer.
An Act incorporating Sale City, Georgia, approved August 12, 1910 (Ga. L. 1910, p. 1117), as amended, is repealed in its entirety.
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. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to provide for a new Charter for the City of Sale City; to provide for incorporation, boundaries, and powers of the City; to provide for a governing authority of and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members; to provide for inquires and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, and powers; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a City Attorney, a City Clerk, and other personnel; to provide for rules and regulations; to provide for a Municipal Court and judge; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and

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assessments; to provide for bonds 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; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who on oath deposes and says that he is the Representative from District 140 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell County on April 4,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ A. RICHARD ROYAL A. Richard Royal Representative, District 140
Sworn to and subscribed before me, this 7th day of April, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
LIBERTY COUNTY PUBLIC FACILITIES AUTHORITY - CREATION.
No. 330 (House Bill No. 944).
AN ACT
To create the Liberty County Public Facilities Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges, and earnings of the Authority, contract payments to the Authority, and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract

4596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
payments of the Authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the Authority and to define the rights of the holders of such obligations; to make the revenue bonds of the Authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Liberty County Public Facilities Authority Act."
SECTION 2. Liberty County Public Facilities Authority.
(a) There is hereby created a public body corporate and politic to be known as the "Liberty County Public Facilities Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall have perpetual existence. (b) The Authority shall consist of five members who shall be appointed by the Board of Commissioners of Liberty County. With respect to the initial appointment by the Board of Commissioners of Liberty County, two members shall be appointed for a term of three years; two members shall be appointed for a term of two years; and one member shall be appointed for a term of one year. Thereafter, all appointments shall be made for terms of three years and until successors are appointed and qualified. Immediately after such appointments, the members of the Authority shall enter upon their duties. To be eligible for appointment as a member of the Authority, a person shall be at least 21 years of age and a resident of Liberty County, Georgia, for at least two years prior to the date of his or her appointment and shall not have been convicted of a felony. Any member of the Authority may be selected and appointed to succeed himself or herself. (c) The Board of Commissioners of Liberty County may provide by resolution for compensation for the services of the members of the Authority in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance oftheir duties. (d) The members of the Authority shall elect one of their number as chairperson and another as vice chairperson. The members of the Authority shall also elect a

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secretary, who need not be a member of the Authority, and may also elect a treasurer, who need not be a member of the Authority. The secretary may also serve as treasurer. If the secretary or treasurer are not members of the Authority, such officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified, (e) Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the Authority.
SECTION 3. Definitions.
As used in this Act, the term: (1) "Authority" means the Liberty County Public Facilities Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents' expenses, legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing authorized in this Act; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "Project" means: (A) All buildings, facilities, and equipment necessary or convenient for the efficient operation of: (i) Liberty County, Georgia, or any department, agency, division, or commission thereof; (ii) The Liberty County School District; or (iii) Any other political subdivision of the State of Georgia located within Liberty County, Georgia; and (B) Any "undertaking" permitted by the Revenue Bond Law. (4) "Revenue Bond Law" means the Revenue Bond Law of the State of Georgia, codified at O.C.G.A. Section 36-82-62 et seq., as amended, or any other similar law hereinafter enacted. (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (6) "Self-liquidating" means any project from which the revenues and earnings to be derived by the Authority therefrom, including but not limited to any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the

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project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (7) "State" means the State of Georgia.
SECTION 4. Powers.
The Authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes; to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of or disposal of the same in any manner it deems to the best advantage of the Authority. The Authority shall be under no obligation to accept and pay for any property condemned under this Act except from the funds provided under t he authority of this Act. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the Authority and to the owners of the property to be condemned. No property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless, at the time such property is so acquired, a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance o f a project; and any and all persons, firms, corporations, Liberty County, the Liberty County School District, and any other political subdivision or municipality of the State of Georgia located in Liberty County, are hereby authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the Authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects;

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(7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the Authority or from any grant or contribution from the United States or any agency or instrumentality thereof or from this state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To accept loans or grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions as the United States or such agency or instrumentality may require; (9) To accept loans or grants of money or materials or property of any kind from this state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as this state or such agency or instrumentality or political subdivision may require; (10) To borrow money for any of its corporate purposes, to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 5. Revenue bonds.
The Authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the Authority created by this Act, shall have power and is authorized to provide by resolution for the issuance of revenue bonds ofthe Authority for the purpose ofpaying all or any part ofthe costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued; provided, however, that no such revenue bonds shall be issued to finance a project for the Liberty County School District or any other political subdivision of the state located within Liberty County without the consent of the governing body of Liberty County. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution for the issuance of such revenue bonds.

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

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

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

____________GEORGIA LAWS 2003 SESSION__________4603
(3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.
SECTION 17. Remedies of bondholders.
Any holder of revenue bonds or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act, may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state, including specifically but without limitation, the Revenue Bond Law, or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the Authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.
SECTION 18. Validation.
Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state and any institution, department, or other agency thereof, and any county, municipality, school district, or other political subdivision or authority of this state which has contracted with the Authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated. Such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds, when validated, and thejudgment ofvalidation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the Authority and all other defendants.

4604 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 19. Venue and jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Liberty County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions ofthis Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
SECTION 20. Interest of bondholders protected.
While any of the revenue bonds issued by the Authority remain outstanding, the powers, duties, or existence of said Authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority shall be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds nor shall the state itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such revenue bonds, and upon the issuance of such revenue bonds under the provisions of this Act, shall constitute a contract with the holders of such revenue bonds.
SECTION 21. Moneys received considered trust funds.
All moneys received pursuant to the authority ofthis Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 22. Purpose of the Authority.
Without limiting the generality of any provision ofthis Act, the general purpose of the Authority is declared to be that of providing buildings, facilities, and services for the residents of Liberty County, Georgia.
SECTION 23. Rates, charges and revenues; use.
The Authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services,

_____________GEORGIA LAWS 2003 SESSION_________4605
facilities, and commodities furnished, and in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as provided in this Act to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.
SECTION 24. Rules, regulations, service policies, and procedures
for operation of projects.
It shall be the duty of the Authority to prescribe rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The Authority may adopt bylaws.
SECTION 25. Tort immunity.
To the extent permitted by law, the Authority shall have the same immunity and exemption from liability for torts and negligence as Liberty County, Georgia; and the officers, agents, and employees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Liberty County, Georgia, when in the performance of their public duties or work of the county.
SECTION 26. Tax-exempt status of Authority.
The properties of the Authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of this state and not for purposes of private or corporate benefit and income, and such properties and the Authority shall be exempt from all taxes and special assessments of any municipality or county or this state and any political subdivision thereof.
SECTION 27. Effect on other governments.
This Act shall not and does not in any way take from Liberty County, Georgia, or any county or municipality the authority to own, operate, and maintain public facilities or to issue revenue bonds as provided by the Revenue Bond Law.

4606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
SECTION 28. Liberal construction of Act.
This Act, being for the welfare of various political subdivisions of this state and its inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 29. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the 2003 session of the General Assembly of Georgia a bill to create the Liberty County Public Facilities Authority and to provide for all matters necessary or incidental to its effective operation, and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy DeLoach, who on oath deposes and says that he is the Representative from District 127 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County on April 4,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BUDDY DELOACH Buddy DeLoach Representative, District 127
Sworn to and subscribed before me, this 7th day of April, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.

____________GEORGIA LAWS 2003 SESSION__________4607
CITY OF ALPHARETTA - MUNICIPAL COURT; CONVENING AND TERMS; SELECTION OF JUDGES; CHIEF COURT CLERK.
No. 331 (House Bill No. 945).
AN ACT
To amend an Act consolidating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, so as to change provisions relating to the Municipal Court of the City of Alpharetta; to provide for the convening of the municipal court; to provide for the rules of the municipal court; to provide for the selection of substitute and other judges; to provide for a chief court clerk of the municipal court; to provide duties for the chief court clerk; 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 consolidating, revising, and superseding the several Acts incorporating the City ofAlpharetta, Georgia, in the County ofFulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, is amended by striking in its entirety Section 4.12 and inserting in lieu thereof a new Section 4.12 to read as follows:
"SECTION 4.12. Convening.
Unless otherwise provided by ordinance, the municipal court shall be convened at regular intervals as designated by the judge, subject to approval of the city council."
SECTION 2. Said Act is further amended by striking in its entirety Section 4.15 and inserting a new Section 4.15 to read as follows:
"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,

4608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
however, that the city council may adopt in part or in toto the rules and regulations applicable to the municipal court. The rules and regulations made or adopted shall be filed with the chief clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings."
SECTION 3. Said Act is further amended by striking Section 4.16 and inserting in lieu thereof a new Section 4.16 to read as follows:
"SECTION 4.16. Absence ofjudge.
(a) Subject to subsection (b) of this section, in the event that the judge is absent, recuses himselfor herself, or is otherwise unavailable for court, a substitutejudge shall be selected by the court clerk from a list approved by the city council. The list shall include only individuals who meet the qualifications listed in subsection (b) of this section for appointed part-time, full-time, or stand-by judges, (b) In addition to the judge provided for in Section 4.11 of this Act, the municipal court may be presided over by such part-time, full-time, or stand-by judges as the city council, in its discretion, deems necessary to meet the needs of the court. All such judges shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and possess all qualifications required by law. Such judges need not be residents of the city. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. Compensation of the judges shall be fixed by ordinance. Judges shall serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal."
SECTION 4. Said Act is further amended by striking Section 4.22 and inserting in lieu thereof a new Section 4.22 to read as follows:
"SECTION 4.22. Chief court clerk.
(a) The municipal court shall have a chief clerk of court and, if approved by the city council, one or more deputy clerks. (b) The chief clerk and deputy clerks shall be appointed by the city council.

____________GEORGIA LAWS 2003 SESSION__________4609
(c) The term of office for the chief clerk and deputy clerks shall be according to their good behavior and at the discretion of the city council. (d) The compensation of the chief clerk and deputy clerks shall be established by ordinance."
SECTION 5. Said Act is further amended by striking Section 4.23 and inserting in lieu thereof a new Section 4.23 to read as follows:
"SECTION 4.23. Duties of chief court clerk.
(a) The chief court clerk shall be the custodian of the official court records, establish and manage case calendars and dockets, collect fines imposed by the court, transmit records of all cases bound over or appealed to the state or superior courts from the municipal court, and perform such other duties as may be provided by ordinance. (b) The chief court clerk shall be a city employee and, unless otherwise provided by ordinance, shall serve as the city's director of municipal court services. The director of municipal court services shall provide administrative services to the municipal court, act as liaison to the police department, supervise all other court personnel, and perform such other duties as may be provided by ordinance."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at regular 2003 session of the General Assembly of Georgia a bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporation the City of Alpharetta, and creating a new charter, April 9, 1998 (Ga. L. 1981, p. 4509), as amended, so to change provisions relating to the municipal court; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles E. Martin, Jr., who on oath deposes and says that he is the Representative from District 37 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County on March 27, 2003, and that the notice requirements of Code Section 28-1-14 have been met.

4610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ CHARLES E. MARTIN, JR. Charles E. Martin, Jr. Representative, District 37
Sworn to and subscribed before me, this 27th day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
CITY OF EASTMAN - CORPORATE LIMITS.
No. 332 (House Bill No. 946).
AN ACT
To amend an Act entitled "An Act to provide a new charter for the City of Eastman," approved May 1, 2002 (Ga. L. 2002, p. 5395), so as to annex certain territory to the City of Eastman and thereby change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to provide a new charter for the City of Eastman," approved May 1, 2002 (Ga. L. 2002, p. 5395), is amended by inserting at the end of Section 1.11 a new subsection to read as follows:
"(c) In addition to any and all other territory contained within the City of Eastman, the city shall include the following tracts of land:
TRACT I: All that tract or parcel of land lying and being in Land Lots Nos. 203,217,218,233,234, 246,247,264 and 265 in the 16th Land District of Dodge County, Georgia, and being more particularly described as follows: TO ESTABLISH THE POINT OF BEGINNING, BEGIN at the intersection formed by the Southerly right of way line of Georgia Highway No. 46 and the Northwest lot line of Land Lot No. 265; thence run at an angle across said right of way line North 22 degrees 12 minutes 53 seconds East a distance of 229.61 feet to the place or POINT OF BEGINNING and from said BEGINNING POINT, thus established, run North 16 degrees 04 minutes 52 seconds East a

__________GEORGIA LAWS 2003 SESSION__________4611
distance of 819.01 feet to a point; thence run North 45 degrees 27 minutes 33 seconds West a distance of 868.33 feet to a point; thence run North 44 degrees 07 minutes 04 seconds West a distance of 550.91 feet to a point; thence run North 44 degrees 57 minutes 45 seconds West a distance of 509.98 feet to a point; thence run North 40 degrees 13 minutes 37 seconds West a distance of 607.99 feet to the West corner of Land Lot No. 247; thence run along the Northwest lot line of Land Lot No. 247 North 45 degrees 55 minutes 26 seconds East a distance of 3,107.60 feet to the West corner of Land Lot No. 234; thence run along the Northwest lot line of Land Lot No. 234 North 46 degrees 02 minutes 15 seconds East a distance of 1,295.98 feet to a point; thence run North 16 degrees 04 minutes 52 seconds East a distance of2,765.55 feet to a point; thence run North 06 degrees 59 minutes 11 seconds East a distance of 930.91 feet to a point; thence run North 53 degrees 47 minutes 15 seconds East a distance of 128.07 feet to a point; thence run South 86 degrees 38 minutes 46 seconds East a distance of 209.89 feet to a point; thence run North 54 degrees 38 minutes 51 seconds East a distance of 234.37 feet to a point; thence run North 54 degrees 38 minutes 51 seconds East a distance of 362.06 feet to a point; thence run North 34 degrees 32 minutes 55 seconds East a distance of 228.70 feet to a point; thence run South 73 degrees 55 minutes 15 seconds East a distance of 1,019.71 feet to a point; thence run South 16 degrees 04 minutes 52 seconds West a distance of 500 feet to a point; thence run South 25 degrees 10 minutes 16 seconds West a distance of 2,531.40 feet to a point; thence run South 73 degrees 52 minutes 56 seconds East a distance of 250.40 feet to a point; thence run South 21 degrees 48 minutes 54 seconds West a distance of 502.50 feet to a point; thence run South 16 degrees 05 minutes 34 seconds West a distance of 653.91 feet to a point; thence run South 87 degrees 58 minutes 04 seconds East a distance of 411.60 feet to a point; thence run South 46 degrees 13 minutes 43 seconds East a distance of 671.58 feet to a point; thence run South 43 degrees 30 minutes 00 seconds West a distance of 406.65 feet to a point; thence run South 46 degrees 27 minutes 19 seconds East a distance of 8 feet to a point; thence run South 43 degrees 32 minutes 35 seconds West a distance of209.79 feet to a point; thence run South 46 degrees 28 minutes 51 seconds East a distance of 210.04 feet to a point located on the Westerly right ofway line ofAirport Road, a/k/a County Paved Road No. 356; thence run along a curve on said right of way line to the left having a radius of 2,166.90 feet and an arc length of 522.23 feet, being subtended by a chord of South 38 degrees 21 minutes 47 seconds West for a distance of 520.97 feet alonj said road right of way to a point; thence continue along the Westerly right of way line of said roadway in a Southerly direction a distance of 4,651 feet, more or less, to the point of intersection formed by the Northerly right of way line of Georgia Highway No. 46 and the Westerly right of way line of Airport Road; thence run along the Northerly right of way line of Georgia Highway No. 46 in a Westerly direction a distance of 635 feet to a point on the Northerly right ofway line ofGeorgia Highway No. 46; thence continue along

4612 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
said right of way line South 83 degrees 04 minutes 59 seconds West a distance of 769.59 feet to a point; thence run North 06 degrees 50 minutes 51 seconds West a distance of 35.36 feet to a point; thence run South 83 degrees 06 minutes 28 seconds West a distance of 592.40 feet back to the place or POINT OF BEGINNING. Said property is partially shown and delineated on a plat of survey prepared by Marlin Nevil, Georgia Registered Land Surveyor No. 2524, dated January 6, 2003, and recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 34, Page 13, said plat and the recording thereof being incorporated herein and made a part hereof by reference for descriptive and all other legal purposes. Said property is bounded on the East by Airport Road; on the South by the Northerly right of way line of Georgia Highway No. 46 and on all other sides by those persons or entities shown on said plat of survey.
TRACT II: All that tract or parcel of land lying and being in Land Lots Nos. 246 and 265 in the 16th Land District of Dodge County, Georgia, and being Parcel 2 consisting of 64.21 acres, more or less, according to a Plat of Survey prepared by Marlin Nevil, Georgia Registered Land Surveyor No. 2524, dated January 6, 2003, and recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 34, Page 13, said plat and the recording thereof being incorporated herein and made a part hereof by reference for descriptive and all other legal purposes.
TRACT III: All that tract or parcel of land lying and being in Land Lots Nos. 293, 278, 277, 264, 265 and 246 in the 16th Land District of Dodge County, Georgia, and being all of the land lying and being within the right of way lines of Georgia Highway No. 46 and being more particularly described as follows: BEGIN at the intersection formed by the Easterly right of way line of 1 st Avenue in the City of Eastman and the Northwest right of way line of Georgia Highway No. 46; thence run along the Northwest right of way line of said highway in an Easterly direction a distance of 2.4 miles, more or less, to the intersection formed by the Northwesterly right ofway line ofGeorgia Highway No. 46 and the Westerly right of way line of Airport Road, also known as County Road No. 356; thence run at an angle across the right of way line of Georgia Highway No. 46 in a Southeasterly direction to the intersection formed by the Westerly right of way line of Lovely Grove Church Road and the Southeast right of way line of Georgia Highway No. 46; thence run along the Southeasterly right of way line of said highway in a Westerly direction a distance of 2.4 miles, more or less, to the intersection formed by the Southeast right of way line of 1st Avenue and the Southeast right of way line of Georgia Highway No. 46; thence run at an angle across Georgia Highway No. 46 in a Northwesterly direction to the point of intersection of the Southeasterly right of way line of 1st Avenue and the Northwesterly right of way line of Georgia

____________GEORGIA LAWS 2003 SESSION__________4613
Highway No. 46, this being the point of beginning of the tract herein described."
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 2003 session of the General Assembly of Georgia a bill to amend the Charter of the City of Eastman so as to provide for a change in the corporate limits of the City and for other purposes.
This 14th day of February, 2003.
HARRISON & WALL By: MILTON HARRISON Attorneys for the City of Eastman
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman, who on oath deposes and says that he is the Representative from District 118 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times Journal which is the official organ of Dodge County on February 19,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TERRY L. COLEMAN Terry L. Coleman Representative, District 118
Sworn to and subscribed before me, this 7th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.

4614 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DODGE COUNTY - BOARD OF EDUCATION; DISTRICTS.
No. 333 (House Bill No. 956).
AN ACT
To amend an Act providing for the election of members of the Board of Education of Dodge County, approved March 6, 1996 (Ga. L. 1996, p. 3507), so as to reapportion the education districts for election of the members of said board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the election of members of the Board of Education of Dodge County, approved March 6, 1996 (Ga. L. 1996, p. 3507), is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows:
'SECTION 1. (a) For purposes of electing members of the board of education of Dodge County, the Dodge County School District is divided into seven education districts. Those districts shall consist of the described territory of Dodge County attached to this Act and made a part hereof and further identified as Plan Name: DODGESBP4 Plan Type: local User: staff Administrator: Dodge 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 the Dodge 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 Dodge 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

_____________GEORGIA LAWS 2003 SESSION________4615
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 the attachment thereto which described Education Districts No. 1 through 7 and inserting in lieu thereof the attachment to this amendatory Act which is made a part hereof and further identified as Plan Name: DODGESBP4 Plan Type: local User: staff Administrator: Dodge Co.
SECTION 3. It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Dodge County are to be elected in 2004 and in subsequent elections, and this Act results from changes in population based on the United States decennial census of 2000. It is not the intention of the General Assembly to affect the membership of current 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 4. The Board of Education of Dodge County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 90 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: DODGESBP4 Plan Type: local User: staff Administrator: Dodge Co.
Redistricting Plan Components Report
District 001 Dodge County
Tract: 9601 BG:2 2022 2023 2026 2027 2028 2029 2030 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 Tract: 9602 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021

4616 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1035 1060 1061 1062 1063 1064 Tract: 9603 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 1035 1041 1059 1998
District 002 Dodge 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 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1072 1073 1074 1075 1076 1077 1078 1079 1080 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2024 2025 2031 2032 2033 2034 2060 2061 2999 Tract: 9602 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1034 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1999 Tract: 9604 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 1048 1049 1999 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008
District 003 Dodge County
Tract: 9603 BG: 1 1033 1034 1036 1037 1038 1039 1040 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1999

____________GEORGIA LAWS 2003 SESSION__________4617
BG:4 4000 4001 4002 4003 4004 4005 4006 4033 4034 4035 4036 4037 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 Tract: 9605 BG:2 2032 2033 2041 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 Tract: 9606
District 004 Dodge County
Tract: 9603 BG:4 40384039404040414042 Tract: 9604 BG: 1 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1050 1051 1052 1053 1054 1996 1997 1998 BG:2 2026 2027 2028 2029 2030 2031 2032 2041 BG:3 3000 3001 3002 3003 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 Tract: 9605 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 2034 2035 2036 2037 2038 2039 2040 2042 2043 2044 2045 2046
District 005 Dodge County
Tract: 9602 BG:2 2000 2001 2002 2003 2004 2005 2006 2013 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 3029 3030 3031 3032 3033 3034 3041 3042 Tract: 9603 BG:2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

4618 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 BG:3 3002 3003 3004 3005 3006 3007 3008 3009 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 BG:4 4018 4019 4020 4021 4022 4023 4024 4025 4029 4030 BG:5 5019 5046
District 006 Dodge County
Tract: 9602 BG:2 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Tract: 9603 BG:4 4007 BG:5 5013 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 Tract: 9604 BG:2 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2033 2034 2035 2036 2037 2038 2039 2040 BG:3 3004 3005 3006 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3052 3053 3054 3055 3056 3057 3058 3059
District 007 Dodge County
Tract: 9602 BG:2 2007 2008 2009 2010 2023 2024 BG:3

___________GEORGIA LAWS 2003 SESSION___________4619
3023 3024 3025 3026 3027 3028 3035 3036 3037 3038 3039 3040 Tract: 9603 BG:2 2000 2030 2045 2046 BG:3 3000 3001 3010 3011 3012 3013 3014 3015 3016 3017 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3060 BG:4 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4026 4027 402840314032 BG:5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5014 5015 5016 5017 5018 5020 5021 5022 5023 5044 5045 5047 5048 5049 5050 5051 5052 5053 Tract: 9604 BG:3 3007 3008 3009 3010 3035 3046 3047 3048 3049 3050 3051
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the Board of Education of Dodge County; approved March 6, 1996 (Ga. L. 1996, p. 3507), so as to reapportion the election districts of said board of education; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman, who on oath deposes and says that he is the Representative from District 118 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times Journal which is the official organ of Dodge County on March 19, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TERRY L. COLEMAN Terry L. Coleman Representative, District 118

4620 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 8th day of April, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
CHATTAHOOCHEE COUNTY - SHERIFF; VACANCIES.
No. 334 (House Bill No. 959).
AN ACT
To provide for the filling of vacancies in the office of sheriff of Chattahoochee County; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) In the event the office of sheriff of Chattahoochee County becomes vacant by death, resignation, or otherwise, the chief deputy sheriff of Chattahoochee County shall act as sheriff until the vacancy can be filled in accordance with the provisions of subsection (b) of this section. If there is no chief deputy sheriff at the time of such vacancy, the Board of Commissioners of Chattahoochee County, within ten working days after the date such vacancy occurs, shall appoint a law enforcement officer of the county who is a Georgia Peace Officer Standards and Training Council certified peace officer to act as sheriff until the vacancy can be filled in accordance with subsection (b) of this section. If the Board of Commissioners of Chattahoochee County fails to appoint a person to act as sheriff within ten working days after the date the vacancy occurs, then the judge of the Probate Court of Chattahoochee County shall appoint a law enforcement officer of the county who is a Georgia Peace Officer Standards and Training Council certified peace officer to act as sheriff until the vacancy can be filled in accordance with subsection (b) of this section. The sheriff of any adjoining county in this state is authorized to act as sheriff until the Board of Commissioners of Chattahoochee County or the judge of the Probate Court of Chattahoochee County makes the appointment provided for in this Act.

____________GEORGIA LAWS 2003 SESSION__________4621
(b) If at the time the vacancy occurs there are more than six months remaining in the unexpired term of office, the vacancy shall be filled for the remainder of the unexpired term at a special election to be called by the county election superintendent; and the person acting as sheriff under subsection (a) of this section shall act until a successor is so elected for the remainder of the unexpired term. If at the time the vacancy occurs there are six months or less remaining in the unexpired term of office, the person acting as sheriff under subsection (a) of this section shall serve for the remainder of the unexpired term of office.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that legislation will be introduced at the 2003 regular session of the General Assembly of Georgia to provide by local law, as permitted by O.C.G.A. 15-16-8, for the filling of vacancies in the office of the Sheriff of Chattahoochee County, GA.
This the 20th day of March 2003
Bob Banner State Representative District 159
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who on oath deposes and says that he is the Representative from District 133 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ of Chattahoochee County on March 21, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BOB HANNER Bob Hanner Representative, District 133
Sworn to and subscribed before me, this 8th day of April, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

4622 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
CITY OF BUFORD - NEW CHARTER.
No. 335 (House Bill No. 967).
AN ACT
To provide a new charter for the City of Buford; to provide for incorporation, boundaries, and powers ofthe city; to provide for a governing authority ofsuch city and the powers, duties, authority, election, terms, method of filling vacancies, and compensation relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a finance officer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Incorporation.
The City ofBuford in Gwinnett County and Hall County, Georgia, is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name ofthe "City ofBuford." References in this charter to "the city" or "this city" refer to the City of Buford, Georgia. The city shall have perpetual existence.

____________GEORGIA LAWS 2003 SESSION__________4623
SECTION 1.11. Corporate boundaries.
The boundaries of this city shall be those existing on the effective date of this charter including all former annexations by legislative Act and ordinance, with such alterations as may be made from time to time by local law or in any other manner provided by general state law. That certain map depicting the corporate limits of the City of Buford, Georgia, duly adopted and approved by the city commission on March 10, 2003, is hereby incorporated by reference. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk, to be designated, as the case may be as the "(Official Map or Description) ofthe Corporate Limits of the City of Buford, Georgia." Photographic, typed, or other copies of such map or description, certified by the city clerk, shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description.
SECTION 1.12. Municipal powers.
(a) The 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. The city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of the city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city. Such powers shall include, but are not limited to, the following, and the power to provide punishment for violation of ordinances enacted under this subsection:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for their impoundment if in violation of any ordinance or lawful order, and to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city. Such appropriations and expenditures shall not exceed the annual income and other money of the city after paying the interest on bonds and providing a sinking fund for the final payment ofthe principal of such bonds;

4624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures as provided by law and this charter, and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To regulate, license, levy, and provide for the collection of regulatory fees, occupation taxes, and license fees and taxes on privileges, occupations, trades, and professions as provided by this charter or by general state law; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the inhabitants of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict such limits; to prescribe fire safety regulations, not inconsistent with general law, relating to both fire prevention and detection and to firefighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage collection and disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; to levy, fix, assess, and collect a garbage, rubbish, and refuse collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefitting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges, taxes, or fees; (11) General health, safety, and welfare. To define, regulate, or prohibit any act, practice, conduct, or use ofproperty which is detrimental to the health, sanitation, cleanliness, welfare, or safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its inhabitants on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards;

_____________GEORGIA LAWS 2003 SESSION__________4625
(14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county correctional institution or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city in accordance with general state law; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and other agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to them; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia. The city commission shall set aside annually a sum sufficient as a sinking fund to retire the bonded indebtedness of the city as it becomes due; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the corporate limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of such property and equipment by the public; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, or otherwise dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, telecommunications systems, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; to provide for the withdrawal of service for refusal or failure to pay the same; to authorize the extension of water, sewerage, electrical distribution systems, and other utility services, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance. The city commission may fix a higher rate for public utility services furnished by the city to any person, firm, or corporation residing or located outside the corporate limits of the city. All fire hydrants connected to the city water mains and used by any person, firm, or corporation outside the corporate limits of the city shall be paid for at a rate to be prescribed by the city commission; (21) Nuisances. To define a nuisance and to provide for its abatement, whether on public or private property;

4626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia. Such penalties shall not exceed the maximum as provided by state law or as provided in the respective ordinance, if applicable; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and subdivision regulation and the like as the city commission deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police agency and a firefighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the contractor, insofar as not in conflict with valid regulations of the state Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, inside or abutting the corporate limits of the city; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to

____________GEORGIA LAWS 2003 SESSION__________4627
negotiate and execute leases over, through, under, or across any city property or the right-of-way of any street, road, alley, or walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location, and to charge a rental therefor in such manner as may be provided by ordinance; to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; to grant franchises and rights-of-way as provided in this charter or by law; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) Special areas of public regulation. To regulate or prohibit junk dealers; pawnshops; the manufacture, sale, or transportation of alcoholic beverages; and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials; the use of lighting and heating equipment; and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing o r o therwise; a nd t o 1 icense, t ax, r egulate, o r p rohibit p rofessional fortunetelling, palmistry, adult bookstores and movie houses, and massage parlors; (35) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (36) Taxation of property. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (37) Taxes generally. To levy and collect such other taxes as may be allowed now or in the future by law; (38) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (39) Urban redevelopment. To organize and operate an urban redevelopment program; and (40) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into

4628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.13. Work ordered by city.
When, in accordance with the provisions of this charter, except as may otherwise be specifically provided herein, any change, alteration, or work of any kind is ordered done by the city commission or any of its authorized agents or agencies, and the person, firm, or corporation ordered to do such work fails or refuses to do so within the time fixed, upon such default the city may make such changes, alterations, or work, and the commission or its duly authorized authority shall have the power and authority to assess the total cost thereof against such person, firm, or corporation in default. The city clerk shall issue execution forthwith against such person, firm, or corporation therefor. Such execution may be enforced in the same manner as tax fi. fas. and shall be a lien against the property of such person, firm, or corporation next in dignity to taxes.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS AND REMOVAL
SECTION 2.10. City commission; creation; composition; number; election.
(a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city commission to be composed of three members, known as city commissioners. The members shall be elected at large by the qualified voters of the city and shall exercise their powers in such manner as prescribed by this charter and the Constitution and applicable

_____________GEORGIA LAWS 2003 SESSION________4629
general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Buford. (b) The members of the city commission shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as a member of the city commission unless he or she has been a resident of the city for at least six months next preceding his or her election. Each such city commissioner shall continue to reside within the city during his or her period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election to the office of city commissioner unless such person shall file a written notice with the city clerk, within the time required by law, that he or she desires his or her name to placed on the ballot. (c) No person shall be eligible to serve as a member of the city commission who shall have been convicted of a crime involving moral turpitude, unless such person has received a full pardon and has all rights of citizenship restored.
SECTION 2.11. Elections.
(a) For the purpose of electing members of the city commission, the City of Buford shall consist of one election district with three numbered city commissioner posts. (b) The positions on the city commission shall be designated as commission member, post no. 1; commission member, post no. 2; and commission member, post no. 3. A candidate for any position as commission member shall at the time of qualifying designate by post number the position that such candidate is seeking. As o f t he d ate o f a doption, t he f ollowing p osts a re f illed b y t he f ollowing individuals: Post 1, Phillip Beard, to expire in 2003; Post 2, L. Chris Burge, to expire in 2005; Post 3, Michael Y. Smith, to expire in 2005. (c) A candidate for city commissioner may qualify for any one of the posts for which commission members are to be elected. The election of city commissioners shall be conducted in the manner prescribed in this charter or by law for regular elections. (d) No candidate shall be elected for the office of city commissioner unless such candidate receives a majority of the votes cast in the election. If no candidate receives a majority of the votes cast, a runoff election shall be held between the two candidates receiving the highest number of votes. The runoff election shall be held as provided by law. (e) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of the city shall be eligible to qualify as voters in the election. (f) All elections shall be held and conducted in accordance with the Georgia Election Code. Except as otherwise provided by this charter, the city commission shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code.

4630 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(g) The commission members who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (h) Successors to the commission members whose terms of office are to expire shall be elected at the regular municipal election in November, immediately prior to such expiration of terms, and shall take office on January 1 immediately following such election for terms of office of four years each and until their respective successors are elected and qualified.
SECTION 2.12. Vacancies in office.
(a) The office of city commissioner shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) Upon the suspension from office of a commission member in any manner authorized by the general laws of the State of Georgia, the city commission or the members thereof remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (c) of this section. (c) If the office of a commission member shall become vacant, the city commission or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city commission or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Election Code.
SECTION 2.13. Nonpartisan elections.
Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party labels.
SECTION 2.14. Election by majority.
The candidate receiving a majority of the votes cast for any city office shall be elected.

_____________GEORGIA LAWS 2003 SESSION__________4631
SECTION 2.15. Compensation and expenses.
The commission members shall receive compensation and expenses for their services as provided by ordinance and in accordance with general state law.
SECTION 2.16. Prohibitions.
(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation that to his or her knowledge is interested, directly or indirectly, in any manner in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent private interests other than his or her own in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department or other agency ofthe city shall disclose such private interest to the city commission. Any commission member who has a private interest in any matter pending before the city commission shall disclose such private interest, and such disclosure shall be entered on the records of the city commission. Such city commissioner shall disqualify himself or herself from participating in any decision or vote relating to such private interest. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter

4632 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any governmental agency or entity to which this charter applies shall use property owned by such governmental agency or entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city commission or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city commission. (e) Except as authorized by law, no member of the city commission shall hold any other elective city office or other city employment during the term for which he or she was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.
SECTION 2.17. Removal of officers.
(a) An elected or appointed officer provided for in this charter shall be removed from office for any one or more of the following causes, or as may now or hereafter be provided by law:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of the city commission after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city commission, such officer shall be entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have such rights as are provided by law; (2) By an order of the Superior Court of Gwinnett County following a hearing on a complaint seeking such removal brought by any resident of the City of Buford; or (3) By a recall election as provided by general state law.

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ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL
AUTHORITY AND ORDINANCES
SECTION 3.10. General power and authority.
Except as otherwise provided by this charter, the city commission shall be vested with all the powers of government of this city as provided by Article I of this charter.
SECTION3.il. Organization.
(a) The city commission shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly (swear or affirm) that I will faithfully perform the duties of city commissioner 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, so help me God." (b) The commission members shall elect one of their number as chairperson and shall elect another of their number as vice chairperson. The chairperson, or in his or her absence, the vice chairperson, shall preside at all meetings of the city commission.
SECTION 3.12. Inquiries and investigations.
The city commission 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 commission shall be punished as provided by ordinance.
SECTION 3.13. Meetings.
(a) The city commission shall hold regular meetings at such times and places as shall be prescribed. (b) Special meetings of the city commission may be called and held pursuant to state law.

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(c) All meetings of the city commission shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.
SECTION 3.14. Procedures.
The city commission shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record.
SECTION 3.15. Voting.
Two commission members shall constitute a quorum and shall be authorized to transact the business of the city commission. Voting on the adoption of ordinances and resolutions shall be by voice vote and the vote shall be recorded in the journal, but any member of the city commission shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of two commission members shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 3.16. Ordinances and resolutions.
(a) Every proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause of every ordinance shall be "The Commission of the City of Buford hereby ordains:". (b) Upon introduction of any ordinance, the city clerk shall, as soon as possible, distribute a copy to each commission member and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city commission may designate. Ordinances shall be considered effective on the date of adoption unless provided otherwise therein.
SECTION 3.17. Effect of ordinances.
Acts of the city commission that have the force and effect of law shall be enacted by ordinance.

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SECTION 3.18. Emergencies.
To meet a public emergency affecting life, health, property, or public peace, the city commission may convene on the call of two commission members and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rates charged by any public utility for its services; or authorize the borrowing of money, except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least two commission 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 continues to exist. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
SECTION 3.19. Codes.
(a) As may be consistent with law, the city commission may adopt building, housing, property maintenance, plumbing, electrical, gas, mechanical, or fire codes or any other standard codes 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 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to section 3.20 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price.

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SECTION 3.20. Ordinance book; codification of ordinances; availability of laws.
(a) The city clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city commission. (b) The city shall provide for the preparation of a codification of ordinances of the city as required by law. (c) The city commission 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 commission. The ordinances shall be printed in substantially the same style as the codification then in effect and shall be suitable in form for incorporation within the codification. The city commission shall make such further arrangements as deemed desirable for reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included or adopted by reference in the codification.
SECTION 3.21. City manager; appointment; qualifications; compensation.
By a majority vote, the city commission shall appoint a city manager for an indefinite term or a term prescribed by the city commission and shall fix his or her compensation. The manager shall be appointed solely on the basis of his or her executive and administrative qualifications, with special reference to actual experience in or knowledge ofaccepted practice in respect to the duties ofhis or her office. The appointee need not be a resident of the city. No member of the city commission shall receive such appointment while in office, nor within one year after the expiration of such member's term.
SECTION 3.22. Acting city manager.
By letter filed with the city clerk, the city manager shall designate, subject to the approval of the city commission, a qualified city administrative officer to exercise the powers and perform the duties of the city manager during his or her temporary absence or disability. During such absence or disability, the city commission may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or his or her disability shall cease.

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SECTION 3.23. Powers and duties of the city manager.
The city manager shall be the chief administrative officer of the city. He or she shall be responsible to the city commission for the administration of all city affairs placed in his or her charge by or under this charter. He or she shall have the following powers and duties:
(1) He or she shall appoint and, when he or she deems it necessary for the good of the city, suspend or remove all city employees and administrative officers, except as otherwise provided by law, this charter, or personnel ordinances adopted pursuant to this charter. His or her appointments of the heads of city departments shall be subject to approval by a vote of a majority of the city commission; (2) He or she shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) He or she shall attend all city commission meetings and shall have the right to take part in the discussion, but he or she may not vote. The city manager shall be entitled to notice of all regular and special meetings of the city commission; (4) He or she shall see that all laws, provisions of this charter, and acts of the city commission subject to enforcement by him or her, or by officers subject to his or her direction and supervision, are faithfully executed; (5) He or she shall prepare and submit the annual operating budget and capital budget to the city commission, together with a message describing the important features, and be responsible for its administration after adoption; (6) He or she shall submit to the city commission and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) He or she shall make such other reports as the city commission may require concerning the operations ofcity departments, offices, and agencies subject to his or her direction and supervision; (8) Except as may otherwise be provided by law or this charter, he or she shall establish powers and duties of, and shall recommend to the city commission a standard schedule of pay for, each appointive office and position in the city service, including minimum, intermediate and maximum rates of pay; (9) He or she shall recommend to the city commission, from time to time, adoption of such measures as may be deemed necessary or expedient for the health, safety, or welfare of the inhabitants of the city or for the improvement of administrative services; (10) He or she may consolidate or combine offices, positions, departments, or units under his or her jurisdiction with the approval of the city commission; the city manager may be the head of one or more departments; (11) He or she shall see that all laws and ordinances are duly enforced;

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(12) He or she shall investigate the affairs of the city or any department or division thereof. He or she shall investigate all complaints in relation to matters concerning the administration of the government of the city and in regard to service maintained by the public utilities in the city and shall see that all franchises, permits, and privileges granted by the city are faithfully observed; (13) He or she shall keep the city commission fully advised as to the financial condition and future needs of the city and shall make such recommendations to the city commission concerning the affairs of the city as he or she deems desirable; and (14) He or she shall perform other such duties as are specified in this charter or as may be required by the city commission.
SECTION 3.24. Commission interference with administration.
Neither the city commission nor any of its members shall direct or request any person's appointment to or removal from office by the city manager or any of the manager's subordinates, nor in any manner take part in the appointment or removal of officers and employees in the administrative services of the city. Except for the purpose of inquiries and investigations under Section 3.12, the city commission or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city commission nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 3.25. Emergencies.
In case of an accident, disaster, or other circumstance creating a public emergency, the city manager may award contracts and make purchases for the purpose of meeting such emergency, but he or she shall file promptly with the city commission a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures.
SECTION 3.26. Bond.
The city manager shall furnish a surety bond to be approved by the city commission. Such bond shall be conditioned on the faithful performance of all of the manager's duties. The premium of the bond shall be paid by the city.

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SECTION 3.27. Compensation.
The city manager shall receive such compensation as prescribed by the city commission.
SECTION. 3.28. Newspaper advertising.
The city commission may designate a newspaper having a general circulation in the city as the official legal organ or gazette for the city, in which all notices, other business, marshal's sales, and proceedings of the city commission shall be published. All notices or other advertisements published in such newspaper shall be legal and binding upon all persons concerned as if such advertisements were published in the newspaper in which the sheriffs advertisements in and for Gwinnett County and Hall County appear, except those cases in which the laws or Constitution of this state require publications in the newspaper in which sheriffs advertisements appear.
ARTICLE IV ADMINISTRATIVE AFFAIRS
SECTION 4.10. Department heads.
(a) Except as otherwise provided in this charter, the city commission by ordinance shall p rescribe t he f unctions o r d uties of a nd e stablish, a bolish, o r a Iter a 11 nonelective offices, positions ofemployment, departments, and agencies ofthe city as necessary for the proper administration of the affairs and government of the city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as shall be prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision ofthe city manager, be responsible for the administration and direction of the affairs and operations of his or her department or agency. (e) All directors under the supervision of the city manager shall be appointed by the city manager, with confirmation of appointment by the city commission.

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SECTION4.il. Boards.
(a) The city commission shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function that the city commission 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 commission 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 commission, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (e) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the city clerk an oath obligating himself or herselfto perform faithfully and impartially the duties ofhis or her office, such oath to be prescribed by ordinance and administered by the chairperson of the city commission. (f) All members of a board, commission, or authority shall serve at will, and any such member may be removed from office by a majority vote of the city commission. (g) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, the ordinances ofthe city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.
SECTION 4.12. City attorney.
The city commission shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least five years. The city attorney shall serve at the pleasure of the city commission. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the city commission as directed, shall advise the city

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commission and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney. The city commission shall provide for the compensation of the city attorney.
SECTION 4.13. City clerk.
The city commission shall appoint a city clerk who shall not be a member of the city commission. The city clerk shall be the custodian of the official city seal, shall maintain city commission records required by this charter, and shall perform such other duties as may be required by the city commission. The city commission shall provide for the compensation of the city clerk.
SECTION 4.14. Finance officer.
The city commission shall appoint a finance officer to collect all taxes, licenses, fees, and other moneys for the city, subject to the provisions of this charter and the ordinances of the city, and to enforce a 111 aws relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The finance officer shall also be responsible for the general duties of a treasurer and fiscal officer. The city commission shall provide for the compensation of the finance officer.
SECTION 4.15. City marshal.
The city commission shall appoint a city marshal and such deputy marshals as necessary to levy and collect all fi. fas. for taxes, assessments, and fines due to the City of Buford, to conduct sheriffs sales and tax foreclosures, and to enforce such ordinances of the city and assist in the prosecution thereof, along with other duties prescribed by the commission or city manager.
SECTION 4.16. Rules and regulations.
The city commission 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 a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan;

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(3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel matters.
SECTION 4.17. Official bonds.
To the extent required by resolution of the city commission, the officers and agents employed by the city shall give bond, payable to the City of Buford, Georgia, in some reputable surety company authorized to do business in the State of Georgia for such amounts as the city commission may designate, to be approved by the city manager, conditioned for the faithful performance of the duties of their office. The premiums on such bonds shall be paid by the city.
ARTICLE V JUDICIAL BRANCH
SECTION 5.10. Municipal court.
There shall be a municipal court of the city.
SECTION5.il. Judges.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or standby judges as shall be provided by the city commission. The method of selection and terms of such judges shall be as provided by the city commission. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city commission. (c) The compensation of the judge or judges shall be fixed by the city commission. (d) The judge or judges may be removed for cause by a majority vote of the city commission. (e) Before assuming office, each judge shall take an oath, administered by the chairperson of the city commission, that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the journal of the city commission. (f) Whenever no judge of the city can be in attendance in the municipal court for any reason, a person having the qualifications of a judge of the municipal court

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shall be appointed as provided by the city commission to preside in the court, and his or her acts therein shall be as binding as those of a regular judge of the court.
SECTION 5.12. Convening of court.
The municipal court shall be convened at regular intervals or when necessary.
SECTION 5.13. Powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as may be provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed the maximum penalty provided by state law. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding the maximum fine and imprisonment as provided by state law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence ofthose charged with violations before the court and shall have discretionary authority to accept cash or personal or real property as a surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that any statute has been violated. (h) Each judge of the municipal court may compel the presence of all persons necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants, which may be served or executed by any officer as authorized by this charter or by law. (i) The judge orjudges ofthe 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'

4644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and the prosecution of traffic violations.
SECTION 5.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge ofthe Superior Court of Gwinnett County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 5.15. Rules.
With the approval of the city commission, the judge or judges 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 commission may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city commission may assess, levy, and collect an ad valorem tax on all taxable real and personal property within the corporate limits of the city. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.

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SECTION6.il. Millage.
(a) The city commission 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. (b) The millage rate levied pursuant to this article shall not exceed 22 1/2 mills, except that such limitation shall not apply with respect to any ad valorem tax levied for the purpose of payment of any general obligation debt of the city. (c) The city commission by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation taxes and regulatory fees.
The city commission by ordinance shall have the power to levy and to provide for the collection of such occupation taxes and regulatory fees as are not denied by law on privileges, occupations, trades, professions, and any other lawful subjects thereof and may regulate the same. Such taxes and fees may be levied on individuals, firms, corporations, and other entities that transact business in the city or that practice or offer to practice any profession or calling within the city to the extent that they have, in accordance with law, a sufficient nexus to the city. The city commission shall provide for the manner and method of payment of such taxes and fees. The city commission may classify businesses, occupations, professions, or callings for the purpose of such taxes and fees in any way which may be lawful, and may compel the payment of such taxes and fees as provided in Section 6.18 of this charter.
SECTION 6.13. Licenses and permits.
The city commission, by ordinance, shall have the power to require any individual, firm, corporation, or other entity that transacts business in the city or that practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and to pay a reasonable fee for such license or permit where such activities are not exclusively regulated by general law. The city may also regulate such activities and shall provide for the manner and method of payment of such fees. Fees under this section, if unpaid, shall be collected as provided in section 6.18 of this charter. The city commission, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. The city commission may revoke any such license or permit after due process for failure to pay any city taxes or fees or for other cause determined by the city commission.

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SECTION 6.14. Franchises.
The city commission shall have the power to grant franchises and rights-of-way for the use of the city's streets, roads, alleys, bridges, and viaducts for the purposes of railroads, street railways, electric companies, gas companies, transportation companies, telecommunications companies, other public utilities and organizations, and for private use. The city commission shall determine the duration and terms of franchises, whether they shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a longer period than may be specified by the Constitution and general laws of this state and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city commission shall provide for the registration of all franchises with the city clerk in a registration book kept by him or her. The city commission may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
SECTION 6.15. Service fees.
The city commission by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in section 6.18 of this charter.
SECTION 6.16. Roads.
The city commission by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, or sewers or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in section 6.18 of this charter.
SECTION 6.17. Other taxes.
This city shall be empowered to levy any other tax now or hereafter allowed by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.

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SECTION 6.18. Collection of delinquent taxes.
The city commission by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. Such means shall include, but shall not be limited to, providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, and providing for the assignment or transfer of tax executions.
SECTION 6.19. Borrowing.
The city commission 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 that an issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city commission as state law now or hereafter provides. Such bonds shall be paid out of any revenue produced by the project, program, or venture for which they are issued.
SECTION 6.21. Loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Accounting and budgeting.
The city commission shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of every office, department, agency, and activity of the city government.

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SECTION 6.23. Budget ordinance.
The city commission shall by ordinance provide the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and program.
SECTION 6.24. Operating budget.
The city manager shall submit to the city commission a proposed operating budget for each ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget, the capital improvements program, the capital budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.25. Adoption of budget.
(a) The city commission 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 this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the city commission shall adopt the final operating budget for the ensuing fiscal year not later than the beginning of each fiscal year. If the city commission fails to adopt the budget by such date, the amounts appropriated for operation for the preceding 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 commission adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.

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SECTION 6.26. Levy of taxes.
Following adoption of the operating budget, the city commission shall levy by a majority vote of the city commission such taxes as are necessary. The taxes and tax rates shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of the city.
SECTION 6.27. Changes in budget.
The city commission, by majority vote, may make changes in the appropriations contained in the current operating budget at any regular meeting or at any special meeting called for such purposes.
SECTION 6.28. Capital improvements.
No appropriations provided for in a prior capital improvements program and capital budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; however, the city manager may submit amendments to the capital improvements program and the capital budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements program and the capital budget shall become effective only upon adoption by majority vote of the city commission.
SECTION 6.29. Audits.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city commission. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this section. Copies of all audit reports shall be available at printing costs to the public.
SECTION 6.30. Procurement and property management.
No contract with the city shall be binding on the city unless: (1) It is in writing;

4650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) It is drawn by, or submitted to and reviewed by, the city attorney and, as a matter of course, is signed by him or her to indicate such drafting or review; and (3) It is made or approved by the city commission and such approval is entered in the city commission journal pursuant to Section 3.14 of this charter.
SECTION 6.31. Purchasing.
The city commission shall prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.32. Sale of property.
(a) The city commission may sell and convey any real, personal, or mixed property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city commission may quitclaim any rights it may have in property not needed for public purposes upon request by the city manager and adoption of a resolution 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 other 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 commission may authorize the city manager to execute and deliver in the name of the city a deed conveying such cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of such street, avenue, alley, or other public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore or hereafter so executed and delivered shall convey all title and interest that the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
SECTION 6.33. Deposits.
The city shall select some chartered bank or banks or other chartered depository financial institution or institutions as a city depository or depositories, in which shall be deposited all city funds that are not otherwise lawfully invested.

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ARTICLE VII SCHOOLS
SECTION 7.10. School system continued.
(a) The public school system and the board of education in operation in the city on the effective date of this charter are hereby continued under this charter. Such board shall consist of four regular members and one ex officio member. The chairperson of the city commission shall be the ex officio member and he or she shall serve as the chairperson of the board of education. (b) The board of education, so continued, shall continue to have the powers, duties, rights, obligations, and liabilities of the board of education of the city that exists on the effective date of this charter and shall be subject to all constitutional and statutory provisions relating to boards of education, subject to provisions of this charter that are not in conflict therewith.
SECTION7.il. Board of education; qualifications, election, vacancies.
(a) The registered voters of the city shall elect the four regular members of the board of education. At the regular city election held in 2003, the registered voters shall elect two members of such board to fill the vacancies occurring on December 31, 2003, by the expiration of the terms of two of the regular members. The members elected in such election shall take office for a term of four years on January 1 following their election and shall serve until their successors are elected and qualified. At the regular city election held in 2005, the registered voters shall elect two members of such board to fill the vacancies occurring on December 31, 2005, by the expiration of the terms of the other two regular members. The members elected in such election shall take office for a term of four years on January 1 following their election and shall serve until their successors are elected and qualified. Thereafter, successors shall be elected at the city election that is conducted in the year in which their respective terms of office shall expire and they shall take office on January 1 following their election and shall serve for a term of four years and until their successors are elected and qualified. (b) In the event of a vacancy on the board of one of the regular members for any reason other than the expiration of a term of office, such vacancy shall be filled for the unexpired term by a special election; provided, however, unless such vacancy occurs within six months of the expiration of the term of that office such vacancy shall be filled by the ensuing regular general election. (c) The qualifications for the regular members of the board shall be the same as prescribed in this charter for the members of the city commission, and the members of the board shall be elected under the same rules and regulations as those governing the election of the members of the city commission.

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SECTION 7.12. Oath of office; quorum.
(a) Before entering upon the duties of his or her office, each member of the board of education shall take and subscribe the following oath: "I, _______, do solemnly (swear or affirm) that I will faithfully discharge the duties devolving upon me as a member of the board of education of the City of Buford to the best of my skill and ability and in accordance with what shall to me appear for the best interest ofthe community and the cause ofeducation, without fear, favor, affection, reward, or the hope thereof (so help me God)." (b) A majority of the members of the board of education shall constitute a quorum for the transaction of business.
SECTION 7.13. Organization; compensation.
(a) The chairperson of the board of education, at the first meeting after the election of new members as provided in this charter, shall cause the board to be organized for the ensuing year as provided in this section. The board shall elect from its number a vice chairperson pro tempore to act in the absence or disqualification of the chairperson. (b) The board shall receive such compensation and expenses for their services as provided by ordinance and in accordance with general state law.
SECTION 7.14. Secretary.
The secretary of the board of education shall keep a record of all the official acts and doings of the board, which record shall at all times be kept open to public inspection in accordance with law. The secretary shall give bond in sufficient amount, with good security, to be judged of by the board, payable to the "Board of Education of the City of Buford" for the faithful discharge of his or her duties and the safekeeping and proper disbursement of all money that may come into his or her care by reason of his or her trust as secretary. He or she shall receive all public school money from the proper authorities, receive and receipt for all incidental fees, and receive all other money that he or she may be entitled to receive. He or she shall keep a record of all money so received and paid out by him or her and take proper vouchers for all disbursements but shall pay out no funds except by order of the board entered upon the minutes. He or she shall receive such compensation for his or her services as may be fixed by the board which the board may contract for and pay out of the public school funds.

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SECTION 7.15. General powers and duties of board of education.
(a) The board of education shall appoint a superintendent of schools and teachers and other officers and employees for the public schools of Buford, fix their salaries, contract with them as such, and pay such salaries out of the money coming into the hand of the board. The board shall suspend or expel any student from attendance when a majority of the members of the board deems it to be in the best interest of the schools. (b) The board shall borrow money for the support and maintenance of the schools, when necessary, and shall repay such money with legal interest from the funds coming into the hands of the board. (c) The board shall at all times supervise, regulate, and make efficient the city school system; fix the length of the school term and the opening and closing times thereof; prescribe the curriculum, textbooks, and books of reference to be used therein; and do any and all other acts, not inconsistent with the laws of this state, as may promote the system under the charge of the board.
SECTION 7.16. Reports.
The board of education shall annually make to the city commission a written report of all money received and disbursed by the board and shall accompany such report with a full itemized statement accompanied by vouchers for all money disbursed. Such report shall be published by the city commission and shall be paid for out of the city treasury at the legal rate.
SECTION 7.17. Establishment of schools.
The board of education shall establish such elementary and secondary schools as may be necessary for the education of the students attending such schools free of tuition charges for all students of school age who reside in the city.
SECTION 7.18. Nonresident students.
Nonresident students may be admitted to the schools upon such terms consistent with law as may be prescribed by the board of education. The county school superintendent of Gwinnett County or of any other county in the state may contract with the board of education whereby the city school system, for compensation consistent with law, will accept students residing outside the corporate limits of the city. Irrespective of any such contract, students who do not reside in the city may attend a public school of the city when permitted by law to do so. Such students

4654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall pay tuition or fees, or both, to the city in amounts fixed by the board that do not exceed the maximum amounts allowed by law.
SECTION 7.19. Census; state school fund.
The board of education of the city shall prepare and take an annual census of all the children residing in the city who are, under the law, entitled to participate in the state public school fund and shall furnish a report of the result of such census to the state department of education on or before September 1 of each year. From such report, the state department of education shall apportion to the city its pro rata share of the state school fund based upon the result of such annual census and shall pay over such pro rata share of the state school fund to the secretary and treasurer of the board of education of the city.
SECTION 7.20. Ad valorem tax.
The city commission shall levy an ad valorem tax as follows: The board of education, on or before July 1 of each year, shall make an estimate of the amount necessary to be raised that year for the support of the public schools in the city and shall place such estimate before the city commission. When the city commission approves such estimate, the commission shall, when making the annual tax levy for the current expenses of the city, levy a school tax along with the other city taxes upon a 111 axable p roperty w ithin t he c orporate limits o f t he c ity. T he c ity commission may collect such school tax, or may have the tax collected by city officers, along with the other ad valorem taxes of the city in the same manner as other city taxes are levied and collected. The city commission shall have no authority to levy and collect more than the maximum taxes for school purposes allowed by the Constitution and general laws of the state.
SECTION 7.21. Removal of board members.
The board of education and the individual members thereof shall be amenable to the city commission and may be removed from office in a hearing before the city commission for neglect of duty, for malfeasance in office, or for using their official position to advance their political or private interests. Any vacancy on the board of education shall be filled pursuant to Section 7.1 l(b) of this charter.

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SECTION 7.22. Officers and employees.
The board of education shall, in compliance with law, appoint and fix the salaries of the superintendent of schools, teachers, and other officers and employees who may be necessary for the efficient operation of the school system for each year. In making selections for those positions, the board shall endeavor at all times to secure the best qualified, most efficient, and most highly esteemed persons available.
SECTION 7.23. State funds.
The state school superintendent shall pay over to the board of education of the city, for the use of the city schools, under such rules and regulations as the state board ofeducation may prescribe, the proportion ofthe state school fund to which the city is entitled, to be expended in the maintenance of the public schools of the city as authorized and directed by the Constitution and laws of the state.
SECTION 7.24. Reports.
The board of education shall make reports to the city commission, at such times as the board may be called upon to do so, of all matters pertaining to the public schools. The books, papers, bills, and vouchers of the board of education shall, at all times, as required by law, be open to inspection and examination by the city commission or such other agency as the commission may employ for that purpose.
SECTION 7.25. Ordinances and resolutions.
The city commission may adopt such ordinances and resolutions, not in conflict with this charter, as the commission may deem for the best interest of the public schools and may further define the duties of the board of education.
ARTICLE VIII GENERAL PROVISIONS
SECTION 8.10. Bonds for officials.
The officers and employees of the city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions

4656 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as the city commission shall from time to time require by ordinance or as may be provided by law.
SECTION8.il. Ordinances, resolutions, rules, and regulations.
All ordinances, resolutions, rules, and regulations in force in the city on the effective date ofthis charter and not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city commission.
SECTION 8.12. Charter language on other general matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue, and any such ongoing work or cases shall be completed by such city agencies, personnel, officers, or offices as may be provided by the city commission.
SECTION 8.13. Definitions and construction.
(a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, and the masculine shall include the feminine, and vice versa.
SECTION 8.14. Specific repealer.
An Act incorporating the City of Buford, approved December 23, 1937 (Ga. L. 1937-38, Ex. Sess., p. 953), as amended, and the several Acts amendatory thereof are repealed. This repeal shall have no effect on the Act providing for a homestead exemption, approved March 22,1996 (Ga. L. 1996, p. 4291), which Act shall remain in effect.
SECTION 8.15. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 8.16. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Pursuant to Article III, Sec. V. paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. Sec. 28-1-14, notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia local legislation to create a new charter for the City of Buford; to provide for the incorporation of the City of Buford; to provide for the corporate limits; to provide for the corporate powers; to provide for a City Commission; to provide for a City Manager; to provide for elections; to provide for organization and personnel; to provide for fiscal administration; to provide for all or any matters relative to the foregoing; to repeal an Act to incorporate the City of Buford, as adopted by (1937 Ga. Laws, Page 953), to repeal conflicting laws; and for other purposes. In accordance with O.C.G.A. Sec. 28-1-14 a copy of the proposed local bill is being provided to the governing authority of Gwinnett County and Hall County at the time this notice is being published.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Coan, who on oath deposes and says that he is the Representative from District 67, Post 1 and further deposes and says 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 January 9, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MIKE COAN Mike Coan Representative, District 67, Post 1
Sworn to and subscribed before me, this 6th day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.

4658 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II______
LAURENS COUNTY - BOARD OF EDUCATION; ELECTION DATES.
No. 336 (House Bill No. 970).
AN ACT
To amend an Act to provide for the election of members of the board of education of Laurens County, Georgia, from single-member districts, approved March 18, 1986 (Ga. L. 1986, p. 3 821), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4171), and an Act approved April 18, 2002 (Ga. L. 2002, p. 3950), so as to amend the provisions for the date of election of members to the board of education so as to comply with state law; to provide for related matters; to provide for submission under the federal Voting Rights Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to provide for the election of members of the board of education of Laurens County, Georgia, from single-member districts, approved March 18, 1986 (Ga. L. 1986, p. 3821), as amended, particularly by an Act approved April 14,1997 (Ga. L. 1997, p. 4171), and an Act approved April 18,2002 (Ga. L. 2002, p. 3950), is amended by repealing in its entirety Section 2A, relating to nonpartisan elections, and by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"SECTION 3. (a) All members of the board of education serving in office on July 1,2003, 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. (b) The members of the reconstituted board of education of Laurens County shall be elected from nonpartisan elections without a nonpartisan primary. Such elections shall be conducted in conjunction with the general primary in accordance with Code Section 21-2-139 of the O.C.G.A. (c) The members of the reconstituted board of education of Laurens County from Education Districts 2, 3, and 5 shall be elected on the date provided for the general primary 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 members of the reconstituted board of education of Laurens County from Education Districts 1 and 4 shall be elected on the date provided for the general primary in 2006. Such members shall take office on January 1 following their

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election for terms of four years and until their successors are elected and qualified. (e) Successors to members elected under subsections (c) and (d) of this section shall be elected at the general primary 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. (f) In order to be elected as a member of the board from an education 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 of that education district may vote for a member of the board district. At the time of qualifying for election as a member from an education district, each candidate for such office shall specify the education district for which that person is a candidate. (g) Each member of the board of education serving in office on July 1,2003, and elected from Education District 1, 2, 3, 4, or 5 shall on and after said date be deemed to represent the present Education District 1, 2, 3,4, or 5 in which he or she resides."
SECTION 2. It shall be the duty ofthe board ofeducation ofLaurens County, Georgia, to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 Session of the General Assembly of Georgia a bill to amend an Act to provide for the Election of the Members of the Board of Education of Laurens County, Georgia from single numbered digits, as approved April 18, 2002 (Ga. L. 2002, p. 3950), as amended so as to amend the provisions for the date of election of members to the Board of Education so as to comply with State Law; to repeal conflicting laws; to provide for an effective date and for other purposes.
This 27th day of March, 2003.
S. DuBose Porter Representative 118th District

4660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, DuBose Porter, who on oath deposes and says that he is the Representative from District 119 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Courier Herald which is the official organ of Laurens County on April 1,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DUBOSE PORTER DuBose Porter Representative, District 119
Sworn to and subscribed before me, this 8th day of April, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
JACKSON COUNTY AIRPORT AUTHORITY - MEMBERSHIP; APPOINTMENT; COMPENSATION; OFFICERS; QUORUM; IMMUNITY; TAX EXEMPTION.
No. 337 (House Bill No. 974).
AN ACT
To amend an Act entitled "An Act to create and establish the Jackson County Airport Authority," approved June 30,1964 (Ga. L. 1964, p. 2260), so as to change the membership and method of appointing members of said authority; to provide for compensation; to provide for a chairperson and other officers; to provide for a quorum; to provide for the dissolution of the authority; to provide for limited sovereign immunity; to provide for exemption from certain taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act entitled "An Act to create and establish the Jackson County Airport Authority," approved June 30,1964 (Ga. L. 1964, p. 2260), is amended by striking Section 3 and inserting in lieu thereof the following:
"SECTION 3. Membership.
(a) Effective January 1, 2004, the authority shall consist of five members who shall be appointed by the Jackson County Board of Commissioners. One member shall be from each of the four commission districts and the fifth member shall be at large from anywhere within Jackson County. All appointments shall be made for terms of one year and until successors are appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years ofage, a resident ofJackson County for at least two years prior to the date of his or her appointment, and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself. (b) The Jackson County Board of Commissioners may provide by resolution for compensation for the services of the members of the authority in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (c) The members of the authority shall elect one of their number as chairperson and another as a vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer are not members of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (d) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (e) The authority may be dissolved by the Jackson County Board of Commissioners if the authority has no outstanding debt. Upon such dissolution, all property owned by the authority shall be transferred to the county or to a municipality if such municipality has paid the debt service on the debt which financed a project."
SECTION 2. Said Act is further amended by inserting immediately following Section 7 two new sections to read as follows:

4662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"SECTION 7A. Limited tort liability.
To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Jackson County; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Jackson County when in the performance of their public duties or work of the county.
SECTION 7B. Exemption from certain taxes.
The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes ofprivate or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any municipality, county, or the state and any political subdivision thereof."
SECTION 3. Section 1 of this Act shall become effective on January 1, 2004. The remaining portions of 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 hereby given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend the Jackson County Airport Authority, as established by the Act approved June 30,1964 (Ga. L. 1964, p. 2260), to provide for the appointment of members to the Jackson County Airport Authority, to repeal conflicting laws, and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chris Elrod, who on oath deposes and says that he is the Representative from District 25 and further deposes and says 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 March 12,2003, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ CHRIS ELROD Chris Elrod Representative, District 25
Sworn to and subscribed before me, this 8th day of April, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
JONES COUNTY - BOARD OF COMMISSIONERS; DISTRICTS.
No. 338 (House Bill No. 979).
AN ACT
To amend an Act creating a Board of Commissioners of Jones County, approved March 5,1974 (Ga. L. 1974, p. 2162), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4131), 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 Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4131), is amended by striking in its entirety Section 2 and inserting in lieu thereof the following:
"SECTION 2. (a) The board of commissioners of Jones County shall be composed of a chairperson and four other members. (b) The chairperson may reside anywhere within Jones County and shall be elected by the voters of the entire county. Each other member must be a resident

4664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the district the member represents and shall be elected by only the voters of that district. All elections shall be by majority vote. (c) For purposes of electing the members of the board, Jones County is divided into four commissioner districts 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: jones-03-01 Plan Type: Local User: staff Administrator: Jones Co. (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 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 Jones 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 Jones 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 n ot c ontiguous 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. (e) The chairperson and each other member of the board shall serve for a term of four years beginning the first day of January next following his or her election. Those members serving in office on the effective date of this Act shall serve until the expiration of the term for which they were elected. Successors shall be elected thereafter at the general election immediately preceding the expiration of a term of office."
SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the board of commissioners of Jones County are to be elected in the November, 2004, 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 of the General Assembly to affect the membership of current 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.

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SECTION 3. It shall be the duty of the attorney of the board of commissioners of Jones 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 2004 of members of the board of commissioners of Jones 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, 2005.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: jones-03-01 Plan Type: Local User: staff Administrator: Jones Co.
Redistricting Plan Components Report
District 001 Jones County
Tract: 301.01 Tract: 301.02 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1025 1026 BG:2 2002 2003 2010 2011 2012 2013 2014 Tract: 302 BG: 1 1028 1029 1071 1076 1077 1078 1079 1080 1081 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 2027 2028 2029 2030 2031 2032 2033 2034 2035 2037 2039 2040 2041 2042 2043 2044 2045 2046 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2994 2995 2996 2997 2998 2999 Tract: 303.01 BG: 1 1003 1004 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2030 2031 2046 2055 2056 2057 2058 2059 2067 2068 2069 2070 2071 2072 2073

4666 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 002 Jones County
Tract: 302 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 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 1072 1073 1074 1075 1999 BG:2 2024 2025 2026 2036 2038 2047 2048 2049 2050 Tract: 303.01 BG: 1 1000 1001 1002 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1025 1026 1027 1028 1029 1041 1042 1043 1044 1045 1046 1048 1999 BG:2 2010 2011 2012 2013 2016 2026 2027 2028 2029 2032 2033 2034 2035 2036 2037 2038 2044 2045 2047 2063 2064 2065 2066 Tract: 303.02 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2023 2024 2025 2026 2027 2028 2029 2030 2043 2044 2046 2047 2048 2049 2050 2051 2052 2997 2998 2999
District 003 Jones County
Tract: 301.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1022 1023 1024 BG:2 2000 2001 2005 2006 2008 2015 2016 2017 2018 2019 2020 2021 2025 2026 2027 2030 Tract: 303.01 BG: 1 1023 1024 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1047 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 BG:2 2014 2015 2017 2018 2019 2020 2021 2022 2023 2024 2025 2039

___________GEORGIA LAWS 2003 SESSION__________4667
2040 2041 2042 2043 2048 2049 2050 2051 2052 2053 2054 2060 2061 2062 2996 2997 2998 2999 Tract: 303.02 BG:2 2014 2015 2016 2017 2018 2019 2020 2021 2022 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2045 2053 2054 2055 2056 2057 2058 2059 2060 2994 2995 2996 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 3035 3036 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 30503051
District 004 Jones County
Tract: 301.02 BG:2 2004 2007 2009 2022 2023 2024 2028 2029 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 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 3999 BG:9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9034 9035 9036 9037 9038 9039 9040 9041 9042 9045 9999 Tract: 303.02 BG:3 30343037
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
STATE OF GEORGIA JONES COUNTY
Notice is given that there will be introduced at the Regular 2003 Session of the General Assembly of Georgia a bill to amend an Act creating a new Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended; and for other purposes.

4668 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 14th day of February, 2003
Honorable Kenneth W. Birdsong Representative, District 104
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who on oath deposes and says that he is the Representative from District 104 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jones County News which is the official organ of Jones County on February 20, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ KENNETH W. BIRDSONG Kenneth W. Birdsong Representative, District 104
Sworn to and subscribed before me, this 18th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
COBB COUNTY - CLERK OF PROBATE COURT; COMPENSATION.
No. 339 (House Bill No. 982).
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 25, 2002 (Ga. L. 2002, p. 4830), so as to change the compensation of the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.

____________GEORGIA LAWS 2003 SESSION__________4669
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 25,2002 (Ga. L. 2002, p. 4830), is 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$66,555.95 per annum, payable 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.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 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, 1040 (Ga. L. 1949, p. 427), as amended; and for other purposes.
This 29th day of January, 2003
Cobb County Delegation By: State Rep. Judy Manning, Chairperson
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don L. Parsons, who on oath deposes and says that he is the Representative from District 29 and further deposes and says 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 February 7,2003, and that the notice requirements of Code Section 28-1-14 have been met.

4670 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ DON L. PARSONS Don L. Parsons Representative, District 29
Sworn to and subscribed before me, this 25th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
CITY OF GAINESVILLE - BOARD OF EDUCATION; DISTRICTS; TERM LIMITS REPEALED.
No. 340 (House Bill No. 983).
AN ACT
To amend an Act creating a new charter for the City of Gainesville, approved April 11,1979 (Ga. L. 1979, p. 3302), as amended, particularly by an Act approved March 4, 1993 (Ga. L. 1993, p. 3981), 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 method of election; to modernize and correct certain references; to repeal term limitations; 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 creating a new charter for the City of Gainesville, approved April 11,1979 (Ga. L. 1979, p. 3302), as amended, particularly by an Act approved March 4,1993 (Ga. L. 1993, p. 3981), is amended by striking Section 9.20 and inserting in lieu thereof a new Section 9.20 to read as follows:
"Section 9.20. Education Wards Created, (a) For purposes of electing the five board members, the School District of the City of Gainesville shall be divided into five education wards, to be designated respectively as Education Wards 1 through 5. One member of the board shall be elected from each of the five education wards, with the member from each education ward elected by a

____________GEORGIA LAWS 2003 SESSION__________4671
plurality vote of the voters voting within that respective ward. The boundaries of the five education wards of the Gainesville School District 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: gainl Plan Type: Local User: Gina Administrator: Gainesville. (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 City of Gainesville 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 City of Gainesville 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 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 Wards 1, 2, 3, 4, and 5 as they existed on January 1, 2003, shall continue to be designated as Education Wards 1,2, 3,4, and 5, respectively, but as newly described under this Act, and, on and after the effective date ofthis Act, such members of the board serving from those former education wards shall be deemed to be serving from and representing their respective wards as newly described under this section.*
SECTION 2. Said Act is further amended by striking subsections (a) and (b) of Section 9.30 and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) Qualification Fee. No candidate shall be listed on the ballot at an election for the office of board member unless the candidate shall pay a qualification fee as provided in Code Section 21-2-131 of the O.C.G.A., as amended, (b) Nonpartisan Elections. All members of the board who are elected thereto shall be elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' in nonpartisan elections as provided in Code Section 21-2-139 of the O.C.G.A., as amended."

4672 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. Said Act is further amended by repealing Section 9.41 in its entirety.
SECTION 4. The Board of Education of the City of Gainesville shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: gain 1 Plan Type: Local User: Gina Administrator: Gainesville
Redistricting Plan Components Report
District 001 Hall County
Tract: 4 BG: 1 1000 1002 1005 1006 1011 1012 1014 1017 1019 1020 1021 1022 1024 1025 1027 1028 1029 1030 1031 1032 1033 1035 1997 1998 1999 BG:2 2001 2002 2003 2005 2006 2008 2009 2010 2011 2012 2016 2017 2986 2987 2991 2992 2994 2996 2997 2999 BG:3 3010 3011 3017 3995 3997 3998 Tract: 5 BG:2 2997 2998 BG:3 3016 3017 3018 3019 3020 3021 3027 3028 3029 3030 3031 3032 3033 3035 3036 3037 3038 3039 3040 3045 3048 3049 3050 3052 3054 3055 3056 3057 3058 3059 3064 3065 3066 3067 3068 3069 3070 3071 3072 3987 3988 3989 3991 3992 3995 3996 3998 BG:5 5019 5020 5021 5022 5988 5989 5991 5993 Tract: 9 BG: 1 1000 1001 1010 1011 1012 1013 BG:2

____________GEORGIA LAWS 2003 SESSION__________4673
200120022003 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020
District 002 Hall County
Tract: 11 BG: 1 1000 1007 1010 1011 1012 1013 1014 1022 Tract: 5 BG: 1 1019 1020 1998 BG:2 2005 2006 2996 BG:5 5000 5002 5007 5008 5009 5010 5011 5014 5015 5023 5024 5026 5027 5028 5029 5030 5031 5034 5035 5036 5995 5996 5997 5999 Tract: 6 BG: 1 1012 1013 BG:2 2004 2009 2010 2011 2012 2013 2021 2022 2023 2024 2025 2026 2028 2029 2030 2032 2033 2034 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2997 BG:3 3014 3015 3016 3017 3020 3021 3028 3029 3030 3032 3033 3035 3038 3039 3041 3042 3046 3047 3048 3049 3050 3051 3052 3053 3054 3056 3057 3990 3997 Tract: 8 BG:4 4000 4001 4002 4003 4004 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 Tract: 9 BG:2 2000 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
District 003 Hall County
Tract: 11 BG: 1 1019 1020 1021 1023 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044

4674 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 Tract: 12 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1020 1021 1022 1023 1024 1025 1026 1027 1038 BG:3 3000 3001 3002 3005 3064 3065 3999 BG:4 4017 4018 4019 4022 4023 4024 4999 Tract: 13 BG: 1 1000 Tract: 7 BG:2 2006 2007 2008 2015 2016 2017 2019 2020 2024 2025 2026 2027 2032 2037 2039 Tract: 8 BG: 1 1006 1008 1011 1012 1013 1014 1020 1026 BG:2 2005 2010 2012 2013 2014 2015 2016 2017 BG:3 BG:4 4005 4021 4022 4023 4024 4025
District 004 Hall County
Tract: 10.01 BG: 1 1000 1001 1002 1003 1004 1005 1008 BG:2 2000 2003 2020 2023 2024 2025 2026 BG:3 3000 3005 3009 3011 3013 3014 3020 3021 BG:4 4013 4016 4017 4020 4021 4022 4023 4025 4028 4030 4031 4996 Tract: 10.02 BG: 1 1000 1001 1002 1003 1004 1005 1013 1014 1016 BG:2 2001 2003 2004 2005 2008 2009

____________GEORGIA LAWS 2003 SESSION__________4675
BG:3 3001 3002 3007 3011 3012 3013 3018 3023 3026 3027 Tract: 11 BG: 1 1005 1006 1015 1016 1017 1018 1025 BG:2 2008 2009 2010 2011 2012 2014 2017 2018 2021 BG:3 3000 3001 3002 3003 3007 3008 3009 3010 3011 3012 3015 3017 3018 3019 3023 3028 3029 3030 3034 3037 3041 3042 3043 3045 3047 3049 3050 3052 3053 3055 3057 3059 BG:4 4000 4002 4004 4007 4013 4014 4016 4017 4020 4021 4022 4026 4027 4036 4046 4047 4049 4050 4052 BG:5 5000 5003 5004 5005 5009 5010 5013 5014 5015 5017 5018 5020 5023 5024 5028 5029 5030 5033 5034 5038 5039 5041 5062 Tract: 12 BG: 1 1043 1046 1047 1051 1052 BG:3 30143055305630593061 Tract: 13 BG: 1 1002 1003 1005 1006 1007 1010 1011 1016 1021 1024 1046 1049 1050 1051 BG:2 2002 Tract: 14.01 BG: 1 1001 1022 1024 1025 BG:2 20022011 BG:4 4002 4004 4046 Tract: 14.02 BG:2 2001
District 005 Hall County
Tract: 10.01 BG:3 3023 3024 3027 3034 3035 3036 3037 3038 3039 3040 3041 3044

4676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
3046 3047 3055 3056 3995 3996 3997 3998 BG:4 4008 4997 Tract: 11 BG: 1 1001 1002 1003 1004 1008 1009 Tract: 3.02 BG:2 20192021 2998 BG:4 400040014999 Tract: 4 BG:2 2024 2025 2028 2029 2030 2031 2032 2036 2037 2038 2040 2041 2042 2984 2985 2988 2989 Tract: 9 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 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 BG:3 3008
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
NOTICE is given that there will be introduced at the 2003 Session of the General Assembly of Georgia a bill to provide for the reapportionment of the education election wards for the Gainesville City Board of Education, to amend member terms, and for other purposes. This 31st day of March 2003.
PHILLIP L. HARTLEY Attorney for the GAINESVILLE CITY SCHOOL DISTRICT
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl W. Rogers, Sr., who on oath deposes and says that he is the Representative from District 20 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on April 2, 2003, and that the notice requirements of Code Section 28-1-14 have been met.

____________GEORGIA LAWS 2003 SESSION__________4677
s/ CARL W. ROGERS, SR. Carl W. Rogers, Sr. Representative, District 20
Sworn to and subscribed before me, this 8th day of April, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
JOHNSON COUNTY - BOARD OF COMMISSIONERS; STAGGERED TERMS.
No. 341 (House Bill No. 996).
AN ACT
To a mend a n A ct c reating t he b oard o f c ommissioners of J ohnson C ounty, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, so as to stagger the terms of said board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the board of commissioners of Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, is amended by adding after Section 5 thereof a new Section 5.1 to read as follows:
"SECTION 5.1. The five person board of commissioners of Johnson County, previously established pursuant to court or consent order, who are holding such offices on January 1, 2003, and any person selected to fill a vacancy in such office, shall continue to serve out their terms of office, which shall expire December 31,2004, and upon the election and qualification oftheir respective successors. Successors to members of the board of commissioners representing Commission Districts 1 and 5 shall be elected at the November general election in 2004, take office the first day of January immediately following that election, and serve for initial terms of office of two years and until their respective successors are elected and

4678 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
qualified. Successors to members of the board of commissioners representing Commission Districts 2, 3, and 4 shall be elected at the November general election in 2004, take office the first day of January immediately following that election, and serve for initial terms of office of four years and until their respective successors are elected and qualified. All future successors to members of the board of commissioners whose terms of office are to expire shall be elected at the November general election immediately preceding the expiration of such terms, take office the first day of January immediately following that election, and serve for terms of office of four years and until their respective successors are elected and qualified."
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.
PUBLIC NOTICE OF INTENT TO OFFER LOCAL LEGISLATION
The Johnson County Board of Commissioners hereby notifies the citizens of Johnson County of their intent to propose local legislation concerning the election of County Commissioners. The Commissioners will propose that the terms of office for all Commissioners be staggered. To accomplish this Districts One and Five will be elected in 2004 to a two year term to begin January 2005 and subsequently on a four-year election cycle. Districts Two, Three and Four shall be elected in 2004 to a four-year term to begin January 2005 and subsequently on a four-year term.
Published by the Board of Commissioners for Johnson County Doug Eaves
County Administrator
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Butch Parrish, who on oath deposes and says that he is the Representative from District 102 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Johnson Journal which is the official organ of Johnson County on April 8,2003, and that the notice requirements of Code Section 28-1-14 have been met.

_____________GEORGIA LAWS 2003 SESSION__________4679
s/ BUTCH PARRISH Butch Parrish Representative, District 102
Sworn to and subscribed before me, this 10th day of April, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 3, 2003.
COLQUITT COUNTY - CHIEF MAGISTRATE; NONPARTISAN ELECTION; REFERENDUM.
No. 342 (House Bill No. 998).
AN ACT
To amend an Act making provisions for the Magistrate Court of Colquitt County, approved March 14, 1984 (Ga. L. 1984, p. 4190), so as to change the manner of selecting the chief magistrate; to provide for nonpartisan elections held at the time of certain November general elections; 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 a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act making provisions for the Magistrate Court of Colquitt County, approved March 14,1984 (Ga. L. 1984, p. 4190), is amended by striking Sections 1 and 2 and inserting in their place new Sections 1 and 2 to read as follows:
"SECTION 1. (a) All elections for the office of chief magistrate of the Magistrate Court of Colquitt County shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. and shall be conducted at the November general election immediately preceding the expiration of the term of such respective office.

4680 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Such nonpartisan elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (b) The first chief magistrate elected under this Act shall be elected at a nonpartisan election on the date ofthe November, 2006, state-wide general election. Such chief magistrate shall take office on January 1 following such chief magistrate's election for a term of four years and until such chief magistrate's successor is elected and qualified. Successors to such chief magistrate shall be elected at a nonpartisan election on the date ofthe state-wide general election next preceding the expiration of such term of office and shall take office on January 1 following their election for a term of four years and until their successors are elected and qualified.
SECTION 2. Nothing in this Act shall affect the term of office of the chief magistrate in office on the effective date of this Act. The sitting chief magistrate shall serve out the respective terms ofoffice for which such person was appointed and shall be eligible to succeed himself or herself as provided in this Act."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Colquitt County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Colquitt County for approval or rejection. The election superintendent shall conduct that election on the date ofthe November, 2004, 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 a week for two weeks immediately preceding the date thereof in the official organ of Colquitt County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides for the nonpartisan election of the chief magistrate of the Magistrate Court of Colquitt
NO ( ) County?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Colquitt County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

____________GEORGIA LAWS 2003 SESSION_________4681
SECTION 3. The governing authority of Colquitt County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. 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 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LEGISLATION
Notice is hereby given that there will be introduced at the Regular 2003 Session of the General Assembly of Georgia a bill to authorize a countywide referendum on the question of whether the position of Chief Magistrate Judge of Colquitt County, Georgia should be elected or continue to be appointed by the Judges of the Southern Judicial Circuit, to authorize such referendum to be held at the 2004 General Election, to provide that any election of the Chief Magistrate would take place during the 2006 election process, to provide for all related matters; to repeal conflicting law; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who on oath deposes and says that he is the Representative from District 140 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County on April 9,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/A. RICHARD ROYAL A. Richard Royal Representative, District 140

4682 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 14th day of April, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 3, 2003.
CATOOSA COUNTY - BOARD OF EDUCATION; DISTRICTS.
No. 349 (House Bill No. 334).
AN ACT
To amend an Act to reconstitute the Board of Education of Catoosa County, Georgia, approved March 30, 1993 (Ga. L. 1993, p. 4258), 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 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 to reconstitute the Board of Education of Catoosa County, Georgia, approved March 30, 1993 (Ga. L. 1993, p. 4258), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
"SECTION 2. (a) 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. The members of the board of education who were elected at the general election in November 2002 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 Board of Education of Catoosa County shall consist of five members each of whom shall be elected by the eligible voters of the district in which he or she resides. For the purposes ofthis Act, a person 'resides1 in the district in which

____________GEORGIA LAWS 2003 SESSION__________4683
he or she is domiciled. Domicile shall be determined by reference to the location of the house in which such person physically lives. (c) For the purposes of determining eligibility of candidates to run for a seat on the board of education, the Catoosa County School District shall be constituted of five education districts. Education Districts 1, 2, 3, and 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: catccsb 1 r Plan Type: Local User: Gina Administrator: Catoosa. Education District 5 shall be comprised of the entire geographic area of the Catoosa County School District. (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 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. (e) Any person, in order to be eligible for membership on the board, must be domiciled and reside, at the time of qualification, in the district from which he or she offers himself or herself as a candidate. Each candidate shall designate by district number the position on the board for which such candidate offers himself or herself for election. Each candidate shall be elected to the board by the vote of all eligible voters of the education district in which he or she resides."
SECTION 2. Said Act is further amended by striking Section 4 and inserting in lieu thereof a new Section 4 to read as follows:
'SECTION 4. (a) The first members ofthe reconstituted Board ofEducation ofCatoosa County from Education Districts 2 and 4 shall be elected at the nonpartisan general election held in conjunction with the state-wide general primary in 2006. Such

4684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (b) The first members ofthe reconstituted Board ofEducation ofCatoosa County from Education Districts 1 and 3 shall be elected at the nonpartisan general election held in conjunction with the state-wide general primary 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. (c) The first member of the reconstituted Board of Education of Catoosa County from Education District 5 shall be elected at the nonpartisan general election held in conjunction with the state-wide general primary in 2004. Such member shall take office on January 1 following his or her election for a term of four years and until his or her successor is elected and qualified. (d) Successors to members elected under subsections (a), (b), and (c) of this section shall be elected at the nonpartisan general election held in conjunction with the state-wide general primary 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, and 4 as they existed on January 1, 2003, 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 the effective date of this Act, such members ofthe 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. (f) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' in nonpartisan elections as provided in Code Section 21 -2-139 of the O.C.G.A."
SECTION 3. The Board of Education of Catoosa shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

____________GEORGIA LAWS 2003 SESSION__________4685
Plan Name: catccsblr Plan Type: Local User: Gina 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 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

4686 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 4000 4001 4002 4008 4009 4077 4078 4079 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

____________GEORGIA LAWS 2003 SESSION__________4687
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
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 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 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 legislation will be introduced at the 2003 regular session of the General Assembly of Georgia to amend an Act to reconstitute the Board of Education of Catoosa County, Georgia, approved March 1993 (Ga. L. 1993, p. 4258), 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 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.

4688 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronald L. Forster, who on oath deposes and says that he is the Representative from District 3, Post 1 and further deposes and says 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 February 5, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RONALD L. FORSTER Ronald L. Forster Representative, District 3, Post 1
Sworn to and subscribed before me, this 10th day of February, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 4, 2003.
WASHINGTON COUNTY - VEHICLE REGISTRATION PERIOD.
No. 350 (House Bill No. 335).
AN ACT
To repeal an Act providing for a nonstaggered four-month vehicle registration period for Washington County, approved March 25, 1996 (Ga. L. 1996, p. 3645); to specify the vehicle registration period for Washington 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 Washington County, approved March 25,1996 (Ga. L. 1996, p. 3645), is repealed effective January 1 ofthe second calendar year following the year in which this Act is approved by the Governor or becomes law without such approval. Accordingly, on and after the date of such repeal, the registration period for vehicles i n

____________GEORGIA LAWS 2003 SESSION__________4689
Washington County, including without limitation those vehicles for which registration and licensing is issued in the calendar year immediately preceding such repeal for expiration in the calendar year of such repeal, shall be as provided by subparagraph (a)(l)(A) of Code Section 40-2-21 of the 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 Intent to Introduce Local Legislation
Notice is hereby given that there will be introduced at the 2003 regular session of the General Assembly of Georgia Legislation to repeal an Act providing for a nonstaggered four-month vehicle registration period for Washington County, approved March 25,1996 (Ga. L. 1996, p. 3645); to specify the vehicle registration period for Washington County; to repeal conflicting laws; and for other purposes.
This 13 day of January, 2003
Jimmy Lord State Representative, District 103
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord, who on oath deposes and says that he is the Representative from District 103 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County on January 22, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JIMMY LORD Jimmy Lord Representative, District 103
Sworn to and subscribed before me, this 10th day of February, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

4690 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 4, 2003.
EFFINGHAM COUNTY - BOARD OF EDUCATION; NONPARTISAN ELECTIONS.
No. 354 (House Bill No. 488).
AN ACT
To amend an Act entitled "An Act to reconstitute the board of education of Effingham County," approved March 26,1987 (Ga. L. 1987, p. 4596), as amended, so as to provide for the nonpartisan election of the members of the board of education; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to reconstitute the board of education of Effingham County," approved March 26,1987 (Ga. L. 1987, p. 4596), as amended, is amended by striking in its entirety subsection (c) of Section 1-3 and inserting in lieu thereof the following:
"(c) All members of the board of education shall be elected in nonpartisan elections as authorized under Code Section 21-2-139 of the O.C.G.A."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
STATE OF GEORGIA COUNTY OF EFFINGHAM
CERTIFICATE OF AUTHENTICITY
I, J. Michael Moore, declare:
I.I am the Superintendent of Schools and Secretary for the EFFINGHAM COUNTY BOARD OF EDUCATION and as such have custody of the minutes of the meetings of said board and have the authority to certify information regarding official resolutions passed and actions taken by said board at said meetings.

____________GEORGIA LAWS 2003 SESSION__________4691
2.1 hereby certify that the following resolution was duly adopted at a regularly scheduled meeting of the EFFINGHAM COUNTY BOARD OF EDUCATION on September 19, 2002, which resolution has not been rescinded or modified, to-wit:
"After some discussion the board voted to seek legislation that would provide for nonpartisan elections of future board members. The superintendent is to have the school board attorney complete the necessary legal work in order for this issue to be presented during the upcoming legislative session. Motion by H. Cornell Mock; second by W. Frederick Long; unanimous vote."
GIVEN under my official hand and the official seal of the EFFINGHAM COUNTY BOARD OF EDUCATION, this 31st day of January, 2003.
(SEAL OF BOARD OF EDUCATION)
s/ J. Michael Moore J. Michael Moore, Superintendent and Secretary
for the Effingham County Board of Education
Sworn to and subscribed before me, this 31st day of January, 2003
s/ Carolyn K. Conaway Notary Public, Effingham County, Georgia My Commission Expires April 5, 2003 (NOTARY'S SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Pursuant to OCGA 28-1-14 notice is hereby given ofthe intention ofthe Effingham County Board of Education to cause to be introduced for passage at the 2003 Session of the General Assembly of Georgia a local bill providing for nonpartisan elections of school board members.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who on oath deposes and says that she is the Representative from District 122 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Effingham Herald which is the official organ of Effingham County on January 30, 2003, and that the notice requirements of Code Section 28-1-14 have been met.

4692 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ ANN R. PURCELL Ann R. Purcell Representative, District 122
Sworn to and subscribed before me, this 17th day of February, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 4, 2003.
TALBOT COUNTY - BOARD OF COMMISSIONERS; DISTRICTS.
No. 358 (House Bill No. 588).
AN ACT
To amend an Act establishing a Board of Commissioners of Talbot County, approved February 16,1876 (Ga. L. 1876, p. 291), as amended, particularly by Acts approved March 10, 1994 (Ga. L. 1994, p. 3637) and April 4, 1997 (Ga. L. 1997, p. 3691), 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 qualifications for office; to provide for related matters; 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 establishing a Board of Commissioners of Talbot County, approved February 16,1876 (Ga. L. 1876, p. 291), as amended, particularly by Acts approved March 10, 1994 (Ga. L. 1994, p. 3637) and April 4, 1997 (Ga. L. 1997, p. 3691), is amended by striking subsection (b) of Section 1 and inserting a new subsection (b) to read as follows:
"(b)(l) For the purpose of electing members to the Talbot County Board of Commissioners, Talbot County is divided into five commissioner districts which shall be and correspond to those five numbered districts described in and

__________GEORGIA LAWS 2003 SESSION__________4693
attached to and made a part of this Act and further identified as Plan Name: talbot3 Plan Type: Local User: Gina Administrator: Talbot 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 of Talbot 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 Talbot 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. (3) The present members of the board of commissioners shall serve for the terms of office for which they were elected and until their successors are elected and qualified. Members of the board of commissioners shall be deemed to represent the commissioner district provided for in this section which number corresponds to the commissioner district for which they were elected. Beginning with the primary and general elections held in 2004 and thereafter at which members of the board of commissioners are elected, members shall be elected from the commissioner districts provided for in this section. (4) In order to be elected as a member of the board from a commissioner district, a person must have resided in that district for at least 12 months prior to election thereto and must receive a majority of the votes cast for that office in that district only and not at large. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant."

4694 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. The governing authority of Talbot County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: talbot3 Plan Type: Local User: Gina Administrator: Talbot Co.
Redistricting Plan Components Report
District 001 Talbot County
Tract: 9602 BG: 1 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 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 11091110 1111 1112 1113 1114 1115 1116 1119 1120 1127 112911301996 BG:2 2000 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 2046 2048 2053 2087 2088 2089
District 002 Talbot County
Tract: 9601 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 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 1998 1999 BG:2

____________GEORGIA LAWS 2003 SESSION__________4695
2000 2032 2033 2034 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 2998 2999 Tract: 9602 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 1038 1040 1041 1042 1043 1044 1045 1046 1128 1131 1132 1133 1134 1135 1136 1997 1998 1999 BG:2 2001 2002 2003 2004 2080 2085 2086 2005 2006 2051 2052 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 2081 2082 2083 2084 2090
District 003 Talbot County
Tract: 9603 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 2060 2061 2066 2067 2068 2069 2070 2071 2072
District 004 Talbot County
Tract: 9601 BG: 1 1012 1013 1014 1015 1016 1017 1018 1019 1020 BG:2 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 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
District 005 Talbot County
Tract: 9602 BG: 1 1032 1033 1034 1036 1037 1039 1047 1048 1049 1050 1051 1052

4696 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1053 1054 1074 1075 1076 1117 1118 1121 1122 1123 1124 1125 11261995 BG:2 2043 2044 2045 2047 2049 2050 Tract: 9603 BG: 1 BG:2 2046 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2062 2063 2064 2065 2998 2999

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend an Act establishing a Board of Commissioners of Talbot County, approved February 16, 1876 (Ga. L. 1876, p. 291), as amended; and for other purposes.

This 17th day of February, 2003.

s/George Hooks Senator, 14th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Debbie G. Buckner, who on oath deposes and says that she is the Representative from District 109 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Talbotton New Era which is the official organ of Talbot County on February 21, 2003, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DEBBIE G. BUCKNER Debbie G. Buckner Representative, District 109

Sworn to and subscribed before me, this 25th day of February, 2003.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)

Approved June 4, 2003.

____________GEORGIA LAWS 2003 SESSION__________4697
TALBOT COUNTY - BOARD OF EDUCATION; DISTRICTS.
No. 359 (House Bill No. 589).
AN ACT
To amend an Act reconstituting the Board ofEducation ofTalbot County, approved April 5,1993 (Ga. L. 1993, p. 4710), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3687), 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 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 reconstituting the Board of Education of Talbot County, approved April 5, 1993 (Ga. L. 1993, p. 4710), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3687), 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 of electing members to the Talbot County Board of Education, the Talbot County School District is divided into five education 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: talbot3 Plan Type: Local User: Gina Administrator: Talbot 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 Talbot 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 Talbot 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 n ot c ontiguous 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

4698 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. 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 2004 and thereafter at which members of the board of education are elected, members shall be elected from the education districts provided for in subsection (a) of this section."
SECTION 2. The Board of Education of Talbot County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: talbotS Plan Type: Local User: Gina Administrator: Talbot Co.
Redistricting Plan Components Report
District 001 Talbot County
Tract: 9602 BG: 1 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 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 1119 11201127 1129 11301996 BG:2 2000 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 2046 2048 2053 2087 2088 2089

____________GEORGIA LAWS 2003 SESSION__________4699
District 002 Talbot County
Tract: 9601 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 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 1998 1999 BG:2 2000 2032 2033 2034 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 2998 2999 Tract: 9602 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 1038 1040 1041 1042 1043 1044 1045 1046 1128 1131 1132 1133 1134 1135 1136 1997 1998 1999 BG:2 2001 2002 2003 2004 2080 2085 2086 2005 2006 2051 2052 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 2081 2082 2083 2084 2090
District 003 Talbot County
Tract: 9603 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 2060 2061 2066 2067 2068 2069 2070 2071 2072
District 004 Talbot County
Tract: 9601 BG: 1 1012 1013 1014 1015 1016 1017 1018 1019 1020

4700 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BG:2 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 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
District 005 Talbot County
Tract: 9602 BG: 1 1032 1033 1034 1036 1037 1039 1047 1048 1049 1050 1051 1052 1053 1054 1074 1075 1076 1117 1118 1121 1122 1123 1124 1125 1126 1995 BG:2 2043 2044 2045 2047 2049 2050 Tract: 9603 BG: 1 BG:2 2046 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2062 2063 2064 2065 2998 2999
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend an Act reconstituting the Board of Education of Talbot County, approved April 5, 1993 (Ga. L. 1993, p. 4710), as amended; and for other purposes.
This 17th day of February, 2003.
s/George Hooks Senator, 14 District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Debbie G. Buckner, who on oath deposes and says that she is the Representative from District 109 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Talbotton New Era which is the official organ of Talbot County on February 21, 2003, and that the notice requirements of Code Section 28-1-14 have been met.

_____________GEORGIA LAWS 2003 SESSION___________4701
s/ DEBBIE G. BUCKNER Debbie G. Buckner Representative, District 109
Sworn to and subscribed before me, this 25th day of February, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 4, 2003.
DOUGHERTY COUNTY - COUNTY ADMINISTRATOR; DUTIES.
No. 360 (House Bill No. 699).
AN ACT
To amend an Act creating the office ofCounty Administrator ofDougherty County, approved March 11, 1975 (Ga. L. 1975, p. 2651), as amended, so as to change the provisions regarding the Clerk of the Board of Commissioners of Dougherty County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the office ofCounty Administrator ofDougherty County, approved March 11, 1975 (Ga. L. 1975, p. 2651), as amended, is amended by striking Section 8 thereof and inserting in its place the following:
"SECTION 8. The County Administrator, or the designee thereof, shall be Clerk of the Board of Commissioners of Doughterty County."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

4702 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2003 Session of the General Assembly of Georgia a Bill to amend Georgia laws 1975, p. 2651, Section 8 by deleting language reading "The County Administrator shall be Clerk of the Board of Commissioners of Dougherty County" and by adding language reading "The County Administrator or his designee shall be Clerk of the Board of Commissioners of Dougherty County"; to provide an effective date; to repeal conflicting laws and for other purposes.
This 27th day of February, 2003.
/s/ Lawrence R. Roberts Representative, District 135
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lawrence R. Roberts, who on oath deposes and says that he is the Representative from District 135 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County on March 1,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LAWRENCE R. ROBERTS Lawrence R. Roberts Representative, District 135
Sworn to and subscribed before me, this 5th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 4, 2003.

______________GEORGIA LAWS 2003 SESSION__________4703
CLAYTON COUNTY COMMISSION ON CHILDREN AND YOUTH - CREATION.
No. 364 (House Bill No. 832).
AN ACT
To establish the "Clayton County Commission on Children and Youth"; to provide for matters relative thereto; to provide an effective date; to provide for automatic repeal of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that appropriate services to children and youth are vitally important and the establishment in Clayton County of a Commission on Children and Youth recognizes the importance of this service. The intent of this Act is to provide for the effective coordination and communication between the providers of children and youth services in Clayton County, including pediatrics, health, mental health, business, and industry, and all components of the social service delivery system, education, employment, and juvenile justice and community efforts tangent thereto.
SECTION 2. (a) There is established the "Clayton County Commission on Children and Youth" which shall be composed of the following members:
(1) Fifteen voting members selected by the concerted action of the director of the Clayton County Department of Family and Children Services, the chairperson of the Clayton County Board of Commissioners and the judges of the Juvenile Court of Clayton County. Voting members shall consist of individuals who are business and community leaders and who by their interest, training, or experience are knowledgeable of the issues affecting children and youth; individuals who are in the field of education; individuals who are part of local government, including law enforcement officials; and individuals who by their training and experience are knowledgeable in pediatrics, health, mental health, or social services. Voting members shall have the authority to vote on all issues before the commission; and voting members shall serve at the pleasure of their selectors. In selection and discharge of the voting members, the votes of two members of the selection and discharge group shall control; and (2) Ten ex officio members. Ex officio members shall consist of a member of the Clayton County legislative delegation, the sheriff of Clayton County, the chairperson of the Clayton County Board of Commissioners, the Clayton County Director ofPolice Services, the Presiding Judge ofthe Clayton County

4704 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Juvenile Court, the Clayton County Superintendent of Schools, a physician appointed by the Director of Public Health, the Director of the Department of Family and Children Services, the Director of Mental Health, and a clergyman selected by vote of the designated ex officio members. Ex officio members shall not have the authority to vote on the administration of grants or grant requests or other such issues prohibited by law or as set forth in the commission's bylaws. (b) All appointments to the commission shall become effective on the first day of the month following the month in which this Act becomes law. In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled prior to the next regular meeting in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) Membership on the commission does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership on the commission. (d) Members of the commission shall serve without compensation, except that each member may be reimbursed out of the funds of the commission as funds are available for expenses incurred as a result of his or her duties as a commission member in accordance with the State of Georgia mileage reimbursement allowance. (e) The commission shall elect a chairperson and such other officers from among their number and make such bylaws for its operation as may be necessary or appropriate. (f) The commission may establish advisory committees. All members of the advisory committee shall be knowledgeable about children and youth issues.
SECTION 3. (a) The chairperson of the commission may contract with other agencies, public or private, or persons as the chairperson deems necessary for the rendering and affording of such services, facilities, studies, research, and reports to the commission as will best assist it to carry out its duties and responsibilities. (b) The chairperson may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this Act, given funds available.
SECTION 4. The commission is vested with the following functions and authorities:
(1) To cooperate with and seek cooperation from every department, agency, or instrumentality in furtherance of the purposes of this Act; (2). To convene periodically, but at least three times a year, at a place and time designated by the chairperson of the commission; (3) To develop, in coordination and cooperation with all components of the various children and youth systems of this state, and agencies of Clayton County, public or private, legislative proposals and executive policy proposals

____________GEORGIA LAWS 2003 SESSION__________4705
to better meet the needs of children and youth and improve the quality of services available to them; (4) To review and develop an integrated county plan for services provided to children and youth through whatever available federal, state, and local programs; (5) To provide technical assistance and consultation to members of the commission and officers of Clayton County government, particularly those involved in providing services to children and youth; (6) To review existing statutes, administrative rules, regulations, ordinances, and policies of those agencies having a member on the commission relating to children and youth and make recommendations which will encourage greater interagency coordination and cooperation, for effective utilization of existing resources; (7) To facilitate the elimination of unnecessary duplicative efforts, programs, and services; (8) To administer assistance funds for the purposes mentioned herein or as assigned by law or executive order; and (9) Notwithstanding any provision in this Act to the contrary, the commission shall not exercise any power, undertake any duty, or perform any function otherwise assigned by law.
SECTION 5. (a) The commission is authorized to accept and use property, both real and personal, and services for the purpose of carrying out this Act. The commission is authorized to accept and use gifts, grants, and donations for the purpose ofcarrying out this Act. Any funds, property, or services received by gifts, grants, or donations shall be kept separate and apart from any funds received from any governmental agency, and such funds, property, or services so received by gifts, grants, or donations shall be the property and the funds ofthe commission and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the commission to carry out the provisions of this Act. (b) The commission may solicit funds from the federal government, state government, county government, and municipalities, and any public funds donated by government are authorized, provided that the commission accounts for the spending of such funds on an annual basis. (c) The commission shall make an annual report on September 1 of each year of its findings and recommendations to the members ofthe Clayton County legislative delegation, the Board of Commissioners of Clayton County, and the judicial officers of Clayton County.
SECTION 6. This Act shall become effective on July 1, 2003.

4706 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7. The commission shall stand abolished on July 1, 2005.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Notice is given that there will be introduced at the regular 2003 session of the General Assembly, a bill to Reauthorize the Clayton County Commission on Children and Youth.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gail Buckner, who on oath deposes and says that she is the Representative from District 82 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News Daily which is the official organ of Clayton County on February 21, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GAIL BUCKNER Gail Buckner Representative, District 82
Sworn to and subscribed before me, this 26th day of February, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 4, 2003.

____________GEORGIA LAWS 2003 SESSION__________4707
BANKS COUNTY - BOARD OF COMMISSIONERS; FORM OF GOVERNMENT; REFERENDUM.
No. 365 (House Bill No. 854).
AN ACT
To amend and supersede the laws pertaining to the governing authority of Banks County; to provide for a Board of Commissioners of Banks County; to provide for the powers, duties, and authority of the board of commissioners; to provide for the composition of the board of commissioners; to provide for election districts; to provide for qualifications of commissioners; to provide for terms of office for commissioners; to provide for filling vacancies; to provide for meetings; to provide for a quorum; to provide for the responsibilities of the chairperson; to provide for a vice chairperson; to provide for the vice chairperson's responsibilities; to provide for oaths; to provide for bonds; to provide for budgets; to provide for audits; to provide for a county administrator; to provide for a clerk; to provide for minutes; to provide for purchasing; to provide for compensation and expenses of commissioners; to provide for submission for preclearance under the federal Voting Rights Act of 1965; to provide for a referendum; to provide for automatic repeal under certain circumstances; to provide for effective dates; to provide for the specific repeal of a certain local Act, as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The Board of Commissioners of Banks County ("the board") which existed on January 1, 2003, is continued in existence as the governing authority of Banks County but on and after January 1, 2005, shall be constituted as provided in this Act.
SECTION 2. The board shall have the power and authority to fix and establish by appropriate resolution entered on its minutes policies, rules, and regulations governing all matters r eserved to t he j urisdiction o f t he b oard. S uch p olicies, r ules, a nd regulations, when so adopted with proper entry thereof made on the minutes of the board, shall be conclusive and binding. The board shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. The following powers are vested in the board and reserved to its exclusive jurisdiction:
(1) To levy taxes; (2) To fix fees;

4708 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) To make appropriations; (4) To fix rates and charges for services provided by the county; (5) To authorize the incurring of indebtedness; (6) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (7) To authorize and provide for the execution of contracts; (8) To establish, alter, open, close, build, repair, or abolish public roads and bridges, according to law; provided, however, that the chairperson shall have the authority to adopt subdivision plats when the requirement established by the board for subdivisions is met; (9) To accept for the county the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To exercise all powers, duties, and authority in respect to zoning and planning; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation which the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; (16) To appoint retained legal counsel and an independent county auditor and provide for their compensation; (17) To exercise all of the power and authority which is or may be vested in the board by the Constitution or laws of this state; and (18) To exercise all power and authority formerly vested in the board.
SECTION 3. (a) The chairperson and two members of the board who are serving as such on December 31, 2003, 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. On and after January 1,2005, the board shall consist of three members who shall be elected from the commissioner posts described in subsection (b) of this section. (b) For purposes of electing members of the board, Banks County is divided into three commissioner posts. One member of the board shall be elected to represent each such post.
SECTION 4. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office.

_____________GEORGIA LAWS 2003 SESSION__________4709
(b) Each member of the board may reside anywhere within Banks County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. At the time of qualifying for election as a member of the board from a commissioner post, each candidate for such office shall specify the commissioner post for which that person is a candidate. The member must continue to reside within the county during that person's term of office or that office shall become vacant.
SECTION 5. (a) The members of the reconstituted Board of Commissioners of Banks County shall be elected as provided in this subsection. The first member from Commissioner Post 1 shall be elected at the general election on the Tuesday next following the first Monday in November, 2004. The member of the board elected thereto from Commissioner Post 1 in 2004 shall take office the first day of January immediately following that election and shall serve for an initial term of office which expires December 31, 2008, and upon the election and qualification of his or her successor. The first members from Commissioner Posts 2 and 3 shall be elected at the general election on the Tuesday next following the first Monday in November, 2006. Those members of the board elected thereto from Commissioner Posts 2 and 3 in 2006 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2010, and upon the election and qualification of their respective successors. Those and all 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 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) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Commissioner Posts 1, 2, and 3, as they existed on January 1, 2003, shall continue to be designated as Commissioner Posts 1, 2, and 3, respectively, and on and after the date this Act becomes effective such members of the board who are serving from those former commissioner posts shall be deemed to be serving from and representing their respective posts as provided under this Act.
SECTION 6. (a) Any vacancy in office upon the board which occurs for any reason other than expiration of term shall be filled as follows:
(1) If the vacancy occurs during the final 27 months of a term of office, within 30 days after such occurrence, the remaining members of the board shall appoint a person to fill such vacancy; or

4710 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) If the vacancy occurs at any time prior to the time specified in subparagraph (A) of this paragraph, within 30 days after such occurrence, the remaining members of the board shall appoint a person to fill such vacancy until a successor is elected at a special election and qualified, which special election shall be held on the same date as the state-wide general election which is first held following the date of the vacancy. (b) Any person appointed to fill a vacancy in office pursuant to paragraph (1) of this subsection shall meet the same eligibility requirements specified for persons who are elected to such office. Any person appointed to fill a vacancy under subparagraph (A) of paragraph (1) of this subsection or elected to fill a vacancy under subparagraph (B) of paragraph (1) of this subsection shall serve out the remainder of the unexpired term and until a successor is elected and qualified.
SECTION 7. The board shall hold a minimum of one regular meeting per month for the transaction ofbusiness as may legitimately come before it. The board may convene in special meetings on the call of the chairperson, as the business of the board may require. The members of the board may at any time convene a special meeting of the board upon call by any one of them as the business of the board may require, provided that the chairperson is unable or fails to call such meeting upon request.
SECTION 8. Two members shall constitute a quorum.
SECTION 9. The chairperson shall be the official head of the board. The chairperson shall cause an agenda to be established for and preside at all meetings of the board unless absent. The chairperson shall have all the rights, powers, duties, and responsibilities of a member of the board, including the right and power to make motions and nominations, except that the chairperson shall not vote on matters before the board except to express unanimity or where there is an equal division on the question. The chairperson may serve as a member of boards, commissions, and committees required by law or requested by the board and shall perform such other duties as may be required by law.
SECTION 10. The board shall elect one of the members to serve as chairperson and one of the members to serve as vice chairperson. The vice chairperson shall cause an agenda to be established for and preside at all meetings at which the chairperson is absent. In such event, the vice chairperson shall retain all of his or her rights, duties, powers, and responsibilities as a member of the board, including the right to make motions and to vote on matters before the board.

____________GEORGIA LAWS 2003 SESSION__________4711
SECTION 11. Before entering upon the discharge of their duties, the members shall subscribe to an oath for the true and faithful performance of their duties and that they are not the holders of any unaccounted for public funds.
SECTION 12. Each member of the board shall give a satisfactory surety bond, as determined by the judge of the Probate Court of Banks County, and payable to the judge of the Probate Court of Banks County and filed in the office of the judge of the Probate Court of Banks County, in the sum of $1,000.00, conditioned upon the faithful performance of the duties. The costs of said bonds shall be paid from county funds.
SECTION 13. The board shall adopt and operate under annual budgets in accordance with the laws of this state.
SECTION 14. The board shall provide for and cause to be made annual audits in accordance with the laws of this state.
SECTION 15. The board shall create in and for Banks County the office of county administrator and vest in such office powers, duties, and responsibilities of an administrative nature in accordance with the laws of this state.
SECTION 16. The board may appoint a clerk in and for Banks County consistent with the laws of this state. The clerk shall be a resident of Banks County. The board shall specify the duties of the clerk and the salary of the clerk.
SECTION 17. The board shall cause minutes of its meetings to be kept in accordance with the laws of this state.
SECTION 18. (a) The chairperson and each other member of the board of commissioners shall be compensated by an annual salary of $9,600.00. (b) The salaries of the chairperson and other members of the board of commissioners shall be paid in equal monthly installments from county funds. (c) The chairperson and other members of the board shall receive no other or further compensation or expenses for their services as members of the board; but, upon a motion duly made and adopted by the board, the chairperson or other members may be compensated for actual expenses reasonably incurred in the performance of their duties or for any work performed for the county not in their

4712 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
capacity as chairperson or as a member of the board, and the amount of such compensation shall be the same as the regular rate paid to county employees for such work. (d) On and after January 1,2005, salaries, compensation, expenses, and expenses in the nature of compensation to which members of the board are entitled shall be fixed pursuant to the laws of this state.
SECTION 19. The board shall also establish a procedure for purchasing all county supplies, materials, equipment, and other needs where the same exceeds $ 15.00 in cost. Such procedure shall provide that all departments requesting the purchase of necessary supplies and materials shall submit a purchase order to the purchasing agent for the county, who shall by competitive methods purchase such supplies and materials. The county administrator shall be the county purchasing agent. All county supplies, materials, equipment, and other necessary items exceeding $15.00 in cost shall be required to be purchased in accordance with this section and through the use of the county purchasing agent.
SECTION 20. The board shall not have the right to contract with any member of the board for any supplies nor with anyone related to any member of the board for any work to be done or for any supplies to be furnished to the county.
SECTION 21. An Act creating the Board of Commissioners of Banks County, Georgia, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, is repealed in its entirety.
SECTION 22. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Banks County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Banks County for approval or rejection. The election superintendent shall conduct that election on the date of the 2004 presidential preference primary and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Banks County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which changes the form of government of Banks County to three elected commissioners and a county
NO ( ) administrator?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then

____________GEORGIA LAWS 2003 SESSION__________4713
Sections 1 through 21 of this Act shall become of full force and effect as follows: those provisions of Sections 1 through 21 of this Act necessary for the election of members of the board in 2004 shall become effective immediately; the remaining provisions of Sections 1 through 21 of this Act shall become effective January 1, 2005. If Sections 1 through 21 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 21 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 Banks County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 23. The governing authority of Banks County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 24. This section and Sections 22 and 23 of this Act 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 only as provided under Section 22 of this Act.
SECTION 25. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation
Notice is hereby given that there will be introduced at the 2003 Session of the General Assembly of Georgia, a bill to amend the Act creating the county commissioners of Banks County, so as to provide for three county commissioners and a county administrator; to provide for a referendum; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamison, who on oath deposes and says that she is the Representative from District 22, and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Banks County News which is the official organ of Banks County on March 19,2003, and that the notice requirements of Code Section 28-1-14 have been met.

4714 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ JEANETTE JAMISON Jeanette Jamison Representative, District 22
Sworn to and subscribed before me, this 26th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 4, 2003.
CHEROKEE COUNTY - STATE COURT; TECHNOLOGY FEE.
No. 366 (House Bill No. 862).
AN ACT
To amend an Act creating the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), 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 conditions for an automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), as amended, is amended by designating the current provisions of Section 14 as subsection (a) thereof and adding a new subsection (b) to read as follows:
"(b) The clerk of the State Court of Cherokee County shall be entitled to charge and collect a technology fee to be set by the court, 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 as follows: computer hardware and software purchase, lease, maintenance, and installation; and imaging, scanning, facsimile, communications, projection, and printing equipment and software purchase, lease, maintenance,

_____________GEORGIA LAWS 2003 SESSION__________4715
and installation. The funds collected pursuant to this authorization shall be maintained in a segregated fund by the clerk of court and shall be used only for the purposes authorized in this subsection at the direction of the judges of the court."
SECTION 2. This Act shall be automatically repealed on July 1, 2006, unless repealed earlier pursuant to Section 3 of this Act.
SECTION 3. This Act shall not become effective and shall stand automatically repealed if House Bill 240 introduced in the 2003 Regular Session of the General Assembly is enacted and becomes law.
SECTION 4. This Act shall become effective on July 1, 2003.
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 2003 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Cherokee County, approved April 15,1996 (Ga. L. 1996, p. 4427), as amended, and for other purposes.
This 12th day of March 2003.
Representative Chip Rogers, 15 District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chip Rogers, who on oath deposes and says that he is the Representative from District 15 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County on March 14, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHIP ROGERS Chip Rogers Representative, District 15

4716 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 26th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 4, 2003.
COWETA COUNTY - BOARD OF ELECTIONS; CREATION.
No. 368 (House Bill No. 927).
AN ACT
To provide a board of elections for Coweta County; to define its powers and duties concerning primaries and elections; to define certain terms; to provide a method for appointment, resignation, and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairperson, clerical assistants, and other employees; to provide for compensation of such persons and the members of the board; to provide for facilities; to relieve the judge of the probate court from certain responsibilities; to provide for submission 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. Pursuant to Code Section 21-2-40 of the Official Code of Georgia Annotated, there is created the board of elections of Coweta County which shall have jurisdiction over the conduct of primaries and elections in such county in accordance with the provisions of this Act, which board of elections is sometimes referred to as the "board" in this Act.
SECTION 2. The words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meaning ascribed to those words by Code Section 21-2-2 of the Official Code of Georgia Annotated, unless otherwise clearly apparent from the text of this Act.

____________GEORGIA LAWS 2003 SESSION________4717
SECTION 3. The board ofelections shall be composed ofthree members, each ofwhom shall be an elector and resident of the county and who shall be appointed as provided in this section. One member of the board of elections shall be appointed by the political party which received the highest number ofvotes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member, and one member of the board of elections shall be appointed by the political party which received the second highest number ofvotes within the county for its candidate for Governor in the general election immediately preceding the appointment ofthe member. Each ofthe two appointments by political parties shall be made as follows: the member shall be nominated by the chairperson and ratified by the county executive committee ofeach ofthe above-designated political parties at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office. The remaining member of the board shall be selected by the county governing authority. In making the initial appointments to the board, the members shall be selected within 30 days following the effective date of this Act. Initial members of the board shall serve until December 31,2004, and until their successors are duly appointed and qualified. Thereafter, successors shall be appointed for terms of four years and until their successors are duly appointed and qualified. The member selected by the county governing authority shall serve as chairperson of the board.
SECTION 4. No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member qualifying as a candidate for elective public office shall be deemed vacant upon such member's qualifying as a candidate for elective public office. Further, no immediate family member of an elected public official shall be eligible to serve as a member during the elected official's term of office. For purposes of this section, the term "immediate family" has the meaning provided by Code Section 21-5-70 of the Official Code of Georgia Annotated.
SECTION 5. Certification of the appointment of each member shall be made by the governing authority of the county filing an affidavit with the clerk of the superior court no later than 15 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.

4718 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6. Each member of the board shall be eligible to succeed himself or herself, shall have the right to resign at any time by giving written notice of his or her resignation to the appointing body and to the clerk of the superior court, and shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
SECTION 7. 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 3 of this Act. The clerk of the superior court s hall ben otified o f i nterim a ppointments and record a nd c ertify s uch appointments in the same manner as the regular appointment of members.
SECTION 8. Before entering upon his or her duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
SECTION 9. The board of elections shall:
(1) With regard to the preparation for, conduct, and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Title 21 of the Official Code of Georgia Annotated or any other provision of law; (2) With regard to preparation for the conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the judge of the probate court by Title 21 of the Official Code of Georgia Annotated; and (3) Formulate, adopt, and promulgate rules and regulations, consistent with law and the rules and regulations of the state executive committee of each political party, governing the conduct of primaries to the end that, insofar as practicable, all primaries shall be uniformly conducted by the board of elections, poll workers shall be properly trained, and voters shall be adequately informed and instructed. Any rule or regulation promulgated by a county executive committee under the provisions of Code Section 21-2-111 of the Official Code of Georgia Annotated shall be null and void if in conflict with a valid rule or regulation of the board of elections.
SECTION 10. The board shall be responsible for the selection, appointment, and training of poll workers in elections and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party.

____________GEORGIA LAWS 2003 SESSION__________4719
SECTION 11. Thirty days after the date this Act may lawfully be implemented under the federal Voting Rights Act of 1965, as amended, the judge of the probate court of Coweta County shall be relieved from all powers and duties to which the board of elections succeeds by the provisions ofthis Act and shall deliver thereafter to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
SECTION 12. The chairperson of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction.
SECTION 13. Compensation for the members of the board of elections, clerical assistants, and other employees shall be such as may be fixed by the governing authority of the county. Said compensation shall be paid wholly from county funds.
SECTION 14. The governing authority ofthe county shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate.
SECTION 15. The governing authority ofCoweta County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to provide a Board of Election for Coweta County; to define its powers and duties concerning primaries and elections;

4720 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to provide a method for appointment, resignation and removal of its members, to provide for qualifications and terms of its members; to provide for a Chairman, clerical assistants and other employees; to provide for compensation of such persons and the members of the board; to relieve the judge of the Probate Court of certain responsibilities; and for other purposes.
Lynn Smith Representative District 87 Georgia, Coweta County
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn R. Smith, who on oath deposes and says that she is the Representative from District 87 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times-Herald which is the official organ of Coweta County on April 3, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LYNN R. SMITH Lynn R. Smith Representative, District 87
Sworn to and subscribed before me, this 4th day of April, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 4, 2003.

_____________GEORGIA LAWS 2003 SESSION__________4721
CITY OF ATLANTA - MUNICIPAL COURT; ADDITIONAL PENALTIES; VICTIMS AND WITNESSES ASSISTANCE PROGRAMS.
No. 369 (House Bill No. 942).
AN ACT
To amend an Act providing a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to provide for additional penalties in the municipal court; to provide for the collection and distribution of penalties; to provide for use of funds for victims and witnesses assistance programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, is amended by adding immediately after Section 4-102 a new Section 4-102A to read as follows:
"SECTION 4-102A. Victims and Witnesses Assistance Programs.
(a) In every case in the Municipal Court of Atlanta in which the court imposes a fine for a violation of a state law or a city ordinance, there shall be imposed as an additional penalty a sum not to exceed $3.00. (b) At the time of posting bail or bond in any case before the Municipal Court of Atlanta, an additional sum not to exceed $3.00 shall be posted, and in every case in which the court orders the forfeiture of bail or bond, the additional sum posted shall be distributed as provided in subsection (c) of this section. (c) The additional penalty in cases in which fines are imposed and the additional sum for forfeiture of bails and bonds provided for in subsections (a) and (b) of this section shall be collected by the court officer charged with the duty of collecting fines and forfeited bails or bonds. The funds collected under this section shall be distributed by the City of Atlanta Finance Department. One-third of the funds collected shall be distributed to the City Court of Atlanta, also known as traffic court, in support of the Victims and Witnesses Assistance Program operated by the chief judge of such court. Two-thirds of the funds collected under this section shall be distributed by the City of Atlanta Finance Department to the Victims and Witnesses Assistance Program formerly operated by the crime commission in the Municipal Court of Atlanta. Budgets for each of the Victims and Witnesses Assistance Programs named in this section shall be submitted to the Finance Committee of the Atlanta City Council for review and

4722 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approval of the distribution of the funds. An annual report to the governing authority of the City of Atlanta of the moneys received by each recipient of these funds shall be made by the chief judge of each court in which a Victims and Witnesses Assistance Program is supported by the funds collected under this section. (d) Except for moneys paid into the Victims and Witnesses Assistance Program as provided in subsections (a) through (c) of this section, all moneys arising from fines or forfeitures imposed and collected in the Municipal Court ofAtlanta shall be paid into the treasury of the respective city and shall be used exclusively to defray the expense of operating the court.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to provide for additional penalties in the municipal court; to provide for the collection and distribution of penalties; to provide for use of funds for victim and witness assistance programs; to provide for related matters; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Douglas C. Dean, who on oath deposes and says that he is the Representative from District 49 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County on April 3,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DOUGLAS C. DEAN Douglas C. Dean Representative, District 49
Sworn to and subscribed before me, this 7th day of April, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia

____________GEORGIA LAWS 2003 SESSION__________4723
My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 4, 2003.
BACON COUNTY - JUDGE OF PROBATE COURT; NONPARTISAN ELECTION.
No. 370 (House Bill No. 952).
AN ACT
To provide that future elections for the office of probate judge of Bacon County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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. All elections for the office of probate judge of Bacon County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. Nothing in this Act shall affect the term of office of the probate judge of Bacon County in office on the effective date of this Act. The sitting probate judge shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.
SECTION 3. The governing authority of Bacon County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

4724 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the Regular 2003 Session of the General Assembly of Georgia a bill to provide that future elections for the office of probate judge of Bacon County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting-Rights Act of 1965, as amended; 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, Tommy Smith, who on oath deposes and says that he is the Representative from District 129, Post 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Alma Times which is the official organ of Bacon County on April 3,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TOMMY SMITH Tommy Smith Representative, District 129, Post 2
Sworn to and subscribed before me, this 7th day of April, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 4, 2003.

_____________GEORGIA LAWS 2003 SESSION__________4725
MACON WATER AUTHORITY - POLITICAL SUBDIVISION OF STATE; INSTRUMENTALITY OF BIBB COUNTY.
No. 371 (House Bill No. 988).
AN ACT
To amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, particularly by an Act approved March 5, 1996 (Ga. L. 1996, p. 3619), an Act approved April 23, 1999 (Ga. L. 1999, p. 4832), and an Act approved May 1,2002 (Ga. L. 2002, p. 5363), so as to provide that the authority shall be a political subdivision of the state and an instrumentality of Bibb County; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3619), an Act approved April 23, 1999 (Ga. L. 1999, p. 4832), and an Act approved May 1,2002 (Ga. L. 2002, p. 5363), is amended by striking subsection (a) of Section 2 and inserting in lieu thereof the following:
"(a) There is created a body corporate and politic, to be known as the Macon Water Authority, which shall be deemed to be a political subdivision of the State of Georgia, an instrumentality of Bibb County, and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority or the trustee acting under any trust indenture shall in no event be liable for any torts committed by its officers, agents, or employees."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Pursuant to the provisions of Section 28-1-14 of the Official Code of Georgia Annotated, notice is hereby given that application will be made to the 2003 Session

4726 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the General Assembly of Georgia to amend an Act of the General Assembly entitled "Macon Water Authority Act," approved March 23, 1992 (II Ga. L. 1992, page 4991, et seq), as amended by an Act approved March 25,1996 (II Ga L. 1996, page 3619, et seq.), as amended by an Act approved April 23,1999 (II Ga. L. 1999, page 4832, et seq.), as amended by an Act approved May 1, 2002 (II Ga. L. 2002, page 5363, et seq.), so as to amend Section 1 of said Act to provide that the authority shall be a political subdivision of the state and an instrumentality of Bibb County; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 13th day of December, 2002.
s/ W. Warren Plowden, Jr. Attorney for the Macon Water Authority
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who on oath deposes and says that he is the Representative from District 108 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph which is the official organ of Bibb County on December 21, 2002, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ROBERT RAY Robert Ray Representative, District 108
Sworn to and subscribed before me, this 15th day of January, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 4, 2003.

____________GEORGIA LAWS 2003 SESSION__________4727
CITY OF COVINGTON - CORPORATE LIMITS; REFERENDUM.
No. 372 (House Bill No. 991).
AN ACT
To amend an Act providing a new charter for the City of Covington, approved January 30,1962 (Ga. L. 1962, p. 2003), as amended, so as to change the corporate limits of said city and provide for referendum approval; to provide that the referendum shall be conducted by the election superintendent of Newton County with the costs paid by the City of Covington from city funds; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Covington, approved January 30, 1962 (Ga. L. 1962, p. 2003), as amended, is amended by adding after Section 4 thereof a new section to read as follows:
"SECTION 4.1. The existing corporate limits of the City of Covington shall be expanded to include the following described property:
TRACT ONE:
All those tracts or parcels of land lying and being in Newton County, Georgia, within an area of approximately 245 acres and whose aggregate external boundary is more particularly described as follows:
Beginning at the intersection of the corporate limits of the City of Covington with the southeastern line ofthe right-of-way of Georgia Highway 142; thence in a northwesterly direction along the line of the corporate limits of the City of Covington, and following the curvature thereof, to its intersection with the northwestern line of the right-of-way of CSX Railroad; thence in a northeasterly direction along the northwestern line ofthe right-of-way ofCSX Railroad to its intersection with the southern line of the right-of-way of Interstate Highway 20; thence in a westerly direction along the southern right-of-way line of Interstate Highway 20 to its intersection with the line of the corporate limits of the City of Covington; thence in a northwesterly direction along the line of the corporate limits of the City of Covington to its intersection with the northern line of the right-of-way of Interstate Highway 20; thence in a generally easterly direction along the northern line of the right-of-way of Interstate Highway 20, and following the curvatures thereof,

4728 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to its intersection with the centerline of the Alcovy River; thence in a southerly direction along the centerline of the Alcovy River, and following the meanderings thereof, to its intersection with the southern line of the right-of-way of Interstate Highway 20; thence in a generally westerly direction along the southern line of the right-of-way of Interstate Highway 20, and following the curvatures thereof, to the northwestern corner of Lochridge Industrial Park; thence South 12 08' 59" East a distance of 232 feet; thence North 86 17' 54" West a distance of 210 feet to the eastern line of the right-of-way of Georgia Highway 142; thence in a southwesterly direction along said right-of-way line, and following the curvature thereof, a distance of 563.15 feet; thence South 60" 39' 52" East a distance of 507.21 feet; thence South 29" 25' 27" West a distance of 707.72 feet; thence South 5" 22' 52" East a distance of 397.03 feet; thence South 85 39' 09" West a distance of 884.88 feet to the eastern line of Georgia Highway 142; thence South 27 25' 51" East along said right-of-way line a distance of 818.39 feet to the point ofbeginning.
TRACT TWO:
All those tracts or parcels of land lying and being in Newton County, Georgia, within an area of approximately 174 acres and whose aggregate external boundary is more particularly described as follows:
Beginning on the northern line of the right-of-way of U. S. Highway 278 at a point 124.63 feet from the intersection of the eastern line of the right-of-way ofRiverbend Drive with the northern line ofthe right-of-way ofU. S. Highway 278, as measured in an easterly direction along the northern line of U. S. Highway 278, said point also being the intersection of the corporate limits of the City of Covington with the northern line of the right-of-way of U. S. Highway 278; thence in a northern direction along the line of the corporate limits of the City of Covington a distance of 2,452 feet to the southern line of Land Lot 261, Ninth Land District, which Land Lot line is also the southern boundary of Lochridge Industrial Park and the line of the corporate limits of the City of Covington at that point; thence in a westerly direction along the line of the corporate limits of the City of Covington and the southern boundary of Lochridge Industrial Park a distance ofapproximately 3,635 feet to the western line of Land Lot 258, Ninth Land District; thence south 04 18' 05" East along the line of the corporate limits of the City of Covington a distance of 1,597.2 feet; thence South 84 38' 41" West along the line of the corporate limits of the City of Covington a distance of 949.17 feet; thence in a southeasterly direction along the line of the corporate limits of the City of Covington to the southern line of the right-of-way of U. S. Highway 278; thence in a southeasterly direction along the southern line of the right-of-way of U. S. Highway 278 a distance of approximately 1,000 feet to its intersection with the eastern line of Land Lot 257, Ninth Land District; thence in a northerly direction along said Land Lot line to its intersection with the northern line of the right-of-way of

____________GEORGIA LAWS 2003 SESSION___________4729
U. S. Highway 278; thence in a southeasterly direction along the northern line of the right-of-way of U. S. Highway 278 a distance of approximately 2,900 feet to the point of beginning."
SECTION 2. (a) For the purposes of the referendum election provided for in subsection (b) of this section, the qualified electors of Newton County shall be those qualified electors of Newton County residing within the territory described in Section 1 of this Act which territory is to be annexed to the City of Covington in Section 4.1 of the charter of that city. (b) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Newton County shall call a special election for the purpose of submitting this Act to the qualified electors of Newton County, as provided in subsection (a) of this section, for approval or rejection. The superintendent shall set the date of such election for the Tuesday next following the first Monday in November, 2003. 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 thereofin the official organ ofNewton County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act annexing additional property into the corporate limits NO ( ) of the City of Covington be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect upon certification of the results to the Secretary of State, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Covington. It shall be the duty of the superintendent 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. This section and the provisions of this Act necessary for the special election provided for in Section 2 of this Act shall become effective upon approval of this Act by the Governor or upon this Act's otherwise becoming law. The remaining provisions of this 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.

4730 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
GEORGIA, NEWTON COUNTY
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend an Act providing a charter for the City of Covington (Ga. L. 1962 P. 2003), as amended, so as to provide for the annexation of certain areas; to provide for a referendum; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Stokes, w ho on oath deposes and says that he is the Representative from District 72 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County on April 3, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JIM STOKES Jim Stokes Representative, District 72
Sworn to and subscribed before me, this 11th day of April, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 4, 2003.
NORTHWEST GEORGIA TRADE & CONVENTION CENTER AUTHORITY - CREATION.
No. 373 (House Bill No. 1004).
AN ACT
To create the Northwest Georgia Trade & Convention Center Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation, to have the responsibility and authority to promote tourism,

___________GEORGIA LAWS 2003 SESSION__________4731
conventions, and trade shows in Dalton and Whitfield County, Georgia; to provide for the creation and organization ofthe authority; to provide for the appointment of the membership of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes.
SECTION 1. Short title.
This Act shall be known and may be cited as the "Northwest Georgia Trade & Convention Center Authority Act."
SECTION 2. Definitions and references.
As used in this Act, the term: (1) "Area" means the entirety of the geographic area of Whitfield County, Georgia. (2) "Authority" means the Northwest Georgia Trade & Convention Center Authority. (3) "City" means the City of Dalton. (4) "County" means Whitfield County, Georgia. (5) "Special events" means events which, in the judgment of the authority, will promote tourism in the area or privately contracted functions.
SECTION 3. Creation of authority, status, tax exemption, and sovereign immunity.
(a) There is hereby created a body public and politic to be known as the Northwest Georgia Trade & Convention Center Authority. The authority shall be deemed to be a political subdivision of the state and a public corporation and, by that name, may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions. Said authority shall be a convention center and visitors bureau authority created by Act of the General Assembly, and is intended to be an agency and instrumentality ofthe city and county, and a governmental unit for purposes of Section 103, 141, and 150 of the Internal Revenue Code of 1986, as amended. The authority shall not be a state institution, nor a department or agency of the state, but shall be a creation of the state, having a distinct corporate identity. (b) The authority shall have its principal office at the Northwest Georgia Trade & Convention Center, located within the city, and its legal situs or residence for the purposes of this Act shall be the county.

4732 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II _
(c) The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose. The properties ofthe authority, both real and personal, and the income ofthe authority are declared to be public properties and income used for the benefit and welfare of the people of Whitfield County and not for the purpose of private or corporate benefit, and such properties, to the extent of the authority's ownership thereof or other interest therein, and all income and obligations of the authority shall be exempt from all taxes and special assessments of the state or any city, county, or other political subdivision thereof. The authority shall have all of the exemptions and exclusions from taxes as are now granted to cities and counties for the operation of properties or facilities similar to the properties and facilities to be owned or operated, or both, by the authority. (d) The authority shall have the same immunity and exemption from liability for torts and negligence as the state, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority. Any action to protect or to enforce any rights pursuant to the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Whitfield County, Georgia, which shall have exclusive, original jurisdiction of such actions. The property of the authority shall not be subject to levy and sale under legal process. The records of the authority shall be public records which are subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. Nothing in this Act shall be construed to abridge or change the powers and duties of other authorities, departments, boards, and like agencies of the city or county. (e) The authority shall be authorized to become the fee simple owner of all real property located at 2211 Dug Gap Battle Road, Dalton, Georgia, and known as the location of the Northwest Georgia Trade & Convention Center, currently held by the City of Dalton Building Authority. The Northwest Georgia Trade & Convention Center Authority shall be deemed the legal successor to the City of Dalton B uilding Authority c reated a nd e xisting u nder ana mendment t o t he Constitution of the State of Georgia (Ga. Laws 1968, pp. 1466-1482) for the purposes of debt heretofore issued by the City of Dalton Building Authority with respect to the Northwest Georgia Trade & Convention Center, including, but not limited to, the City of Dalton Building Authority (Georgia) Revenue Bonds, Series 2002, dated as of June 1,2002, currently outstanding in the principal amount of $7,770,000.00. All other rights, powers, and obligations of the City of Dalton Building Authority are not affected by this Act. The City of Dalton Building Authority has heretofore entered into a contract by and between the city and the county, dated as of June 1, 2002, relating to the Series 2002 Bonds, pursuant to which the city and the county each covenant and agree that each will, to the extent necessary, levy an annual tax on all taxable property located within the boundaries of the city or the county, at such rate or rates, within any limits now prescribed or

__________GEORGIA LAWS 2003 SESSION__________4733
such higher limits as may hereafter be prescribed by law, as may be necessary to make the payments to the City of Dalton Building Authority, pursuant to the Series 2002 Contract. The Series 2002 Contract is hereby transferred from the City of Dalton Building Authority to the authority created hereunder.
SECTION 4. Members and meetings.
(a) The authority shall consist ofseven members, who shall be natural persons who shall be at least 21 years of age and who shall be residents of the county. Both the mayor and council ofthe city and the county board of commissioners shall appoint two members each, who may or may not be a member of the respective council or board of commissioners and who shall serve one-year terms. The four initial appointees shall make the additional three appointments, subject to confirmation by the mayor and council of the city and the county board of commissioners, as follows: one member shall represent the interests of the hotel and motel industry within Whitfield County and may be a member in good standing of any organized trade group organized to represent such interests, whose initial term shall be for one year, with subsequent terms of two years; one member shall represent the interests of the restaurant industry within Whitfield County and may be a member in good standing of any organized trade group organized to represent such interests, whose initial and subsequent terms shall be for two years; and one member shall represent the interests of local history or local historic areas and may be a member in good standing of any locally designated historical society or trade group dedicated to increasing historic tourism in Dalton and Whitfield County, whose initial term shall be for three years, with subsequent terms of two years. The staggered terms of members shall expire on the last day of January of the year of expiration and appointments for the succeeding two-year term shall be made in January with such appointments being effective as of the next February 1. Any member may resign at any time by filing a written notice of resignation with the chairperson of the authority. Members may be removed for cause by a majority vote of the members of the authority. Both the city administrator and the county administrator shall sit on the authority as ex officio, nonvoting members during their terms ofemployment in such capacity. (b) The authority shall meet at such times as may be necessary to transact the business coming before it, but not less often than monthly. Either the chairperson or any two other members together may call a special called meeting of the authority. Meetings of the authority shall be open to the public in accordance with the laws of the State of Georgia. Written minutes of all meetings shall be kept, and within ten days following every meeting, a copy of the minutes shall be furnished to the mayor and council of the city and to the county board of commissioners. Meetings shall be conducted in accordance with the latest version ofRobert s Rules of Order.

4734 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) At the first meeting of the authority, the members shall elect a chairperson and a vice chairperson from its voting membership. Commencing in the year 2004, at the first meeting of the authority in February of each year, the members shall elect a chairperson and a vice chairperson from its voting membership. The chairperson shall preside at meetings of the authority and shall vote on all matters coming before the authority except when an even number of authority members is present and creates the possibility of a tie vote. In such instance, the chairperson shall not vote except to break a tie vote. The vice chairperson shall preside at meetings in the absence of the chairperson. In the absence of both the chairperson and vice chairperson, the members present at a meeting shall elect a temporary chairperson to preside at that meeting, so long as the chairperson and vice chairperson both remain absent from the meeting. Four members shall constitute a quorum. Official action may be taken by majority vote of those members voting on a matter if a quorum is present and voting on such matter, except that the bylaws of the authority shall be initially adopted or subsequently amended only by majority vote of all members. All members present at a meeting, including the chairperson, vice chairperson, or any other member presiding at such meeting, shall be entitled to vote on all matters which shall come before the authority. No vacancy on the authority shall impair the right of a quorum of four to exercise all the rights and perform all the duties of the authority. (d) Members shall receive no compensation for their services as members of the authority but may be reimbursed for their proper and reasonable expenses incurred in the performance of their duties, subject to any limitations imposed by general law upon the reimbursement of public officials and subject to any limitations which may be contained, from time to time, in the bylaws of the authority.
(e)(l) As used in this subsection, the term "substantial interest or involvement" means any interest or involvement which reasonably may be expected to result in a direct financial benefit to a member, as determined by the authority members by vote, which determination shall be final and not subject to review. (2) The provisions of Code Section 45-10-3 of the O.C.G.A. shall apply to the members of the authority, and a member of the authority shall not engage in any transaction with the authority. The provisions of the immediately preceding sentence and the provisions of paragraph (9) of such Code section shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any member or any organization or person with which any member of the authority is in any way interested or involved, provided that:
(A) Any interest or involvement by such member is disclosed in advance to the members of the authority who will be voting on the matter or transaction and such disclosure is recorded in the minutes of the authority; (B) No member having such a substantial interest or involvement may be present at that portion of any meeting of the authority during which discussion of such matter or transaction is conducted; and

____________GEORGIA LAWS 2003 SESSION__________4735
(C) No member having a substantial interest or involvement may participate in any decision of the authority members relating to any such matter or transaction. A member who has any such substantial interest or involvement shall be entitled to participate in discussions of whether such interest or involvement is a substantial interest or involvement but shall not be entitled to vote on the question. (3) Nothing contained in this subsection or in Code Section 45-10-3 of the O.C.G. A. shall be deemed to prohibit any member from providing legal services to the authority, being paid for such services and related expenses, or participating in discussions relating to his or her engagement, scope of services, compensation, or related matters or from voting on such matters.
SECTION 5. Purpose.
The purpose ofthe authority is to promote tourism, conventions, special events, and trade shows within the area in such manner and manners as the authority shall determine to be appropriate.
SECTION 6. Duty of the authority.
It shall be the duty ofthe authority to promote tourism, conventions, special events, and trade shows within the area and to operate the authority and its facilities in a fiscally responsible manner.
SECTION 7. Powers.
(a) The authority shall have all powers allowed by law and consistent with the provisions of this Act as are necessary or convenient to carry out its corporate purpose, including, without limitation, the power to:
(1) Adopt and alter a corporate seal; (2) Purchase advertising promoting tourism, conventions, trade shows, and special events; (3) Encourage, solicit, promote, procure, sponsor, co-sponsor, and service conventions, trade shows, and special events; (4) Lend financial support through grants, contributions, or otherwise to other governmental entities in furtherance of its corporate purpose; (5) Lend financial support through grants, contributions, or otherwise to private sector for profit and not for profit entities in furtherance of its corporate purpose, specifically provided that the authority determines that the residents of the area shall receive a substantial benefit therefrom and provided that it does so by written agreement;

4736 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(6) Conduct activities to foster better public understanding on the part of individuals and businesses of the importance of tourism and the convention and visitors industry to the economy of the city, of the county, and of the area; (7) Conduct activities to encourage and to assist the cooperation between the businesses and industries servicing tourists, conventions, trade shows, and special events; (8) Engage in fundraising activities in furtherance of its corporate purpose; (9) Subject to formal pre-approval by city and county, acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (10) Acquire in its own name by purchase, upon such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purpose, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of personal property in its discretion, or to dispose of real property upon the concurrence of the city and county. If the authority shall deem it expedient to acquire and construct any such facility on any lands, the title to which shall then be held by the city, the county, or any other municipality incorporated in said county, the governing authority or body of the city, the county, or any of the said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyance or upon payment for the credit ofthe general funds of said county or municipalities ofthe reasonable value of such lands, such value to be determined by mutual consent of said county or municipality and the chairperson of the authority; (11) Appoint, select, and employ an executive director, officers, agents, and employees, and independent consultants including but not limited to engineering, architectural, and construction experts, fiscal agents, auditors, economists, and attorneys and fix their respective compensations; and to delegate to the executive director the authority and responsibility necessary to administer properly the day-to-day business of the authority within policies set by the authority and subject to its review. The powers delegated to the executive director may, at the election ofthe authority, include the making ofrecommendations as to the hiring and termination of other employees and their compensation, the management of the authority's offices and properties, the making of budget recommendations, and the hiring of independent consultants; (12) Appoint an advisory committee and other committees of persons from the public and private sectors without regard to their place of residence; (13) Make contracts of every kind and character, and, without limitation, any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies ofthe state, including, but not limited to, the county and the city, are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, the authority

____________GEORGIA LAV/S 2003 SESSION__________4737
shall be permitted to enter into the following: (A) contracts under which the authority purchases administrative and financial management services from the city or county to be performed by personnel at the city or county's cost, which shall include the costs of payroll, employee benefits, supplies, and overhead reasonably allocable to the performance of such services, and (B) lease contracts relating to leases of real property, personal property, or both real and personal property; (14) Accept loans and grants of money or materials or property of any kind from the United States ofAmerica or any agency or instrumentality thereof, upon such terms a nd c onditions a s t he U nited S tales o f America o r s uch a gency o r instrumentality may impose; (15) Accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political division thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (16) Sell, lease, grant, exchange, or otherwise dispose of any personal property or interest therein; (17) Sue and be sued in contract and in tort and to complain and defend in all courts; (18) Advise and recommend plans to other public and private sector entities for the promotion of tourism, conventions, trade shows, and special events; (19) Conduct studies and develop plans for improving tourism in the area; (20) Allow use for a fee of the Trade Center, or a portion thereof, for private seminars, functions, parties, receptions, and the like; (21) Receive and disburse public funds appropriated by the city and county and to receive and disburse funds from private sources and other revenues which may be received from time to time which would assist in the accomplishment of its corporate purpose; and (22) Do all things necessary or convenient to accomplish its corporate purpose and to exercise any power permitted by the laws of the state to be exercised by private corporations which will further the authority's ability to accomplish such purpose, so long as the exercise of such power is not in conflict with the Constitution or laws of this state. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this section and any other powers elsewhere in this Act or which may reasonably be inferred from the provisions of this Act. This Act shall be liberally construed to effect the described purposes, and in interpreting this Act, the courts are not to apply "Dillon's Rule."

4738 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 8. Budget and finances.
On or before April 30 of each year, the authority shall receive its verified audit for the prior year. Prior to October 1 ofeach year, the chairperson ofthe authority shall appoint one member of the authority to confer jointly with the city administrator and with the county administrator and to act as liaison with regard to a proposed budget for the authority for the ensuing year. Such three persons shall annually be known as the Budget Committee. The Budget Committee shall produce a proposed budget for approval by the authority and submission, by October 1 of each year, to the mayor and council of the city and to the county board of commissioners. If the Budget Committee does not unanimously present a proposed budget to the authority for approval and submission, then the authority shall submit a continuation budget not greater than the total approved budget for the current year. The continuation budget shall include any upward or downward adjustment necessary to meet all debt service requirements and any downward adjustment necessary to apportion out budget funds exclusively applicable to conventions and visitors bureau operations should such operation become separate from the authority in the future. If either the city or county, or both, shall fail or refuse to approve the budget as submitted by the authority by December 31, then the continuation budget, as set forth above, shall become automatically effective in order to ensure operational continuity ofthe authority. Commencing Fiscal Year 2003, the city and county shall each be required to fund one-half of any deficit of operations, capital improvements, or debt service, or any combination thereof, of the authority. The continuation budget as set forth above shall remain in effect until the next budget cycle. In the event of a failure to reach budget agreement at that time or in subsequent years, then a percentage increase shall automatically apply to all line items of the budget equivalent to the percentage increase for the relevant time period as determined by the Blue Book CPI index for all consumer goods.
SECTION 9. Bylaws.
The authority may, by affirmative vote of a majority of all members, adopt bylaws to govern the authority, its employees, and operation and may, by affirmative vote of all members, repeal, replace, or amend such bylaws.
SECTION 10. Liability limited.
Neither the members of the authority nor any person executing notes, leases, or other agreements or obligations on behalf of the authority shall be personally liable thereon by reason of such execution.

____________GEORGIA LAWS 2003 SESSION__________4739
SECTION 11. Neither city nor county bound.
The authority shall have no power or authority to bind the city or the county by any contract, agreement, financial obligation, indebtedness, or otherwise; and no contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the city or county, provided that both the authority and the city or county shall be bound to each other by contacts, agreements, financial obligations, or indebtedness between themselves.
SECTION 12. Oversight.
Either the mayor and council of the city or the county board of commissioners, or the designees of either, shall be authorized to inspect at their pleasure the state and condition ofthe authority, its properties, and all books and records pertaining to the authority a nd i ts a ffairs a nd the authority s hall g ive a nd furnish t hem w ith assistance in making such inspections.
SECTION 13. Dissolution.
Should the authority, for any reason, be dissolved after full payment of all indebtedness previously incurred, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the city and to the county as tenants in common or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to such property at the time of such conveyance.
SECTION 14. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE
Notice is hereby given that there will be introduced during the 2003 regular session of the General Assembly of Georgia a bill relative to the creation ofthe Northwest Georgia Trade & Convention Center Authority and for other purposes. This 3rd day of March, 2003.

4740 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II_____
Ray Elrod, Mayor, City of Dalton Mike Babb, Chairman Whitfield County Board of Commissioners
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 District 4 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Citizen which is the official organ of Whitfield County on March 7, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ROGER WILLIAMS Roger Williams Representative, District 4
Sworn to and subscribed before me, this 17th day of April, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 4, 2003.
METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY - RESERVE FUNDS; USE OF INTEREST INCOME.
No. 386 (Senate Bill No. 136).
AN ACT
To amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to provide that the interest income from certain reserve funds may be used to pay the operating costs until June 20, 2008; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

__________GEORGIA LAWS 2003 SESSION__________4741
SECTION 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking subsection (i) of Section 25 and inserting in its place the following:
"(i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection, until January 1, 2002. For the period beginning January 1, 2002, and ending June 30, 2002; each fiscal year commencing thereafter until July 1, 2006; and the period beginning July 1, 2006, and ending December 31,2006, no more than fifty-five percent (55%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and for the period beginning January 1, 2007, and ending June 30, 2007, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; except that if the Board of the Metropolitan Atlanta Rapid Transit Authority shall fail to file with the Metropolitan Atlanta Rapid Transit Overview Committee not later than December 31, 2002, the original and 14 copies of a report of the findings of a completed management performance audit of the authority's current operations, which audit was performed under contract with and at the expense of the authority by the Georgia Regional Transportation Authority pursuant to paragraph (16) ofsubsection (a) ofCode Section 50-32-11 oftheO.C.G.A.,along with any auditor's recommendations based thereon and the auditor's signed written verification that the Metropolitan Atlanta Rapid Transit Authority fully cooperated with such audit and allowed access to all its books, records, and documents to the extent the auditor deemed necessary, then for the period beginning January 1, 2003, and ending June 30, 2003, and each fiscal year commencing thereafter until July 1,2032, no more than fifty percent (50%) ofthe proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. For each fiscal year commencing on or after July 1,2032, no more than sixty percent (60%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and commencing with July 1,2032, and for every year thereafter, the proceeds ofthe tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system,

4742 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II____
exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the results of operations in the Authority's fiscal year commencing July 1,1980 or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided, the Board may, in its sole discretion, reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an additional subsidy for operations in any future fiscal year or years. The words "operating costs of the system" for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction, and improvement of the rapid transit system, according to accepted principles of accounting, and also exclusive of the following costs:
(1) Nonrecurring costs and charges incurred in order to comply with any statute or regulation concerning either the protection or cleaning up of the environment, or accessibility by handicapped or disabled persons, or occupational health or safety, or with any judgment, decree, or order of any court or regulatory agency in implementation of any such statute or regulation; and (2) In the case of leases of equipment or facilities that, according to generally accepted principles of accounting, would not be classified as capital leases, payments of rent and other payments for the property subject to such leases or for the use thereof; provided that any costs for regular maintenance or repair of such equipment or facilities shall not be excluded. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, or constructing additional facilities or equipment for or improvements to the rapid transit system and are invested, then all interest earned from such investments shall be used only for such purposes or for paying the principal of or interest on bonds or certificates issued for such purposes. Commencing July 1, 1988, and until June 30, 2006, and only if expressly authorized by the board, interest earned on reserve funds set aside for rebuilding, repairing, or renovating facilities of the rapid transit system; for replacing,

_________GEORGIA LAWS 2003 SESSION__________4743
repairing, or renovating equipment or other capital assets thereof; or from the sale or other disposition of real property, may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system as such costs are defined in this subsection."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly a bill to amend the "Metropolitan Atlanta Rapid Transit Act of 1965", approved March 10,1965(Ga.L. 1965, p. 2243), as amended, so to provide that the interest income from certain reserve funds may be used to pay operating costs until June 30, 2008; and for other purposes.
This 10th day of January, 2003.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gloria Butler, who on oath deposes and says that she is the Senator from District 55 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County on January 14, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GLORIA BUTLER Gloria Butler Senator, District 55
Sworn to and subscribed before me, this 11th day of February, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)

4744 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 2003 session of the General Assembly a bill to amend the "Metropolitan Atlanta Rapid Transit Act of 1965", approved March 10,1965 (Ga. L. 1965, p. 2243), as amended, so to provide that the interest income from certain reserve funds may be used to pay operating costs until June 30, 2008; and for other purposes.
This 16th day of January, 2003.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gloria Butler, who on oath deposes and says that she is the Senator from District 55 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on January 9, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GLORIA BUTLER Gloria Butler Senator, District 55
Sworn to and subscribed before me, this 11th day of February, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly a bill to amend the "Metropolitan Atlanta Rapid Transit Act of 1965", approved March 10,1965 (Ga. L. 1965, p. 2243), as amended, so to provide that the interest income from certain reserve funds may be used to pay operating costs until June 30, 2008; and for other purposes.
This 10th day of January, 2003.

____________GEORGIA LAWS 2003 SESSION__________4745
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gloria Butler, who on oath deposes and says that she is the Senator from District 55 and further deposes and says 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 January 10,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GLORIA BUTLER Gloria Butler Senator, District 55
Sworn to and subscribed before me, this 11th day of February, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly a bill to amend the "Metropolitan Atlanta Rapid Transit Act of 1965", approved March 10,1965 (Ga. L. 1965, p. 2243), as amended, so to provide that the interest income from certain reserve funds may be used to pay operating costs until June 30, 2008; and for other purposes.
This 17th day of January, 2003.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gloria Butler, who on oath deposes and says that she is the Senator from District 55 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News Daily which is the official organ of Clayton County on January 10, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GLORIA BUTLER Gloria Butler Senator, District 55

4746 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 11th day of February, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly a bill to amend the "Metropolitan Atlanta Rapid Transit Act of 1965", approved March 10,1965 (Ga. L. 1965, p. 2243), as amended, so to provide that the interest income from certain reserve funds may be used to pay operating costs until June 30, 2008; and for other purposes.
This 9th day of January, 2003.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gloria Butler, who on oath deposes and says that she is the Senator from District 55 and further deposes and says 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 January 9, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GLORIA BUTLER Gloria Butler Senator, District 55
Sworn to and subscribed before me, this 11th day of February, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 4, 2003.

____________GEORGIA LAWS 2003 SESSION_________4747
CITY OF LAGRANGE - CITY OF LAGRANGE GAS AUTHORITY; CREATION.
No. 389 (Senate Bill No. 158).
AN ACT
To create the City of LaGrange Gas Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, and earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to fix and provide the venue and jurisdiction of actions relating to any provisions ofthis Act; to provide for the validation ofbonds; to provide for a contingent effective date; 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. Short title.
This Act shall be known and may be cited as the "City of LaGrange Gas Authority Act."
SECTION 2. City of LaGrange Gas Authority.
(a) There is hereby created a public body corporate and politic to be known as the "City of LaGrange Gas Authority," which shall be deemed to be a political subdivision of the state, a public corporation, and an instrumentality of the City of LaGrange, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall be authorized to operate on behalf of the City of LaGrange within Troup County with respect to facilities, services, or commodities that are not provided, financed, or used pursuant or subject to any contract entered into under Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, except with the City of LaGrange. The authority shall have perpetual existence. (b) The authority shall consist of five members who shall be appointed by the governing authority of the City of LaGrange. In no event shall a member of the

4748 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
governing authority of the City of LaGrange be appointed to or serve as a member of the authority. With respect to the initial appointment by the governing authority of City of LaGrange, two members shall be appointed for a term of three years; two members shall be appointed for a term of two years; and one member shall be appointed for a term of one year. Thereafter, all appointments shall be made for terms of three years and until successors are appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and a resident of City of LaGrange, Georgia, for at least two years prior to the date of his or her appointment and shall not have been convicted ofa felony. Any member ofthe authority may be selected and appointed to succeed himself or herself. (c) The governing authority of City of LaGrange may provide by resolution for compensation for the services of the members of the authority in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance oftheir duties. (d) The members ofthe authority shall elect one oftheir number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer is not a member of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
SECTION 3. Definitions.
As used in this Act, the term: (1) "Authority" means the City of LaGrange Gas Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost ofall lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for such period after completion ofconstruction as determined by the authority; the cost of engineering, architectural, fiscal agents' expenses, legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized in this Act; working capital; and all other

____________GEORGIA LAWS 2003 SESSION__________4749
costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "Project" means the acquisition, purchase, other distribution, transfer, sale, exchange, management, and use of natural gas and also shall mean any systems, plants, works, instrumentalities, and properties, real or personal, used or useful in connection with a facility or system for the distribution, transfer, sale, exchange, management, and use of natural gas, as well as all buildings and facilities necessary or convenient for the efficient operation of the City of LaGrange natural gas system. (4) "Revenue Bond Law" means the Revenue Bond Law of the State of Georgia, codified at Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as amended, or any other similar law hereinafter enacted. (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (6) "Self-liquidating" means any project which the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments with the City of LaGrange or private entities within the City of LaGrange, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (7) "State" means the State of Georgia.
SECTION 4. Powers.
The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to hold, operate, maintain, lease, sell, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire, in its own name by purchase on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority. No property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless, at the time such property is so acquired, a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance;

4750 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To execute contracts, leases, installment sales contracts, agreements, and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, maintenance, or sale of a project; and any and all persons, firms, private corporations, and the City of LaGrange, Georgia, are authorized to enter into contracts, leases, installment sales contracts, agreements, or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized to enter into by law; (6) To acquire, construct, add to, extend, improve, equip, operate, and maintain projects; (7) To pay the costs of the project with the proceeds of assets or rights sold by the authority or revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States ofAmerica or such agency or instrumentality may require; (9) To accept loans or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (10) To borrow money for any of its corporate purposes, to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (11) To sell or assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or similar instruments; (12) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and
(13)(A) To do all things necessary or convenient to carry out the powers expressly given in this Act;

____________GEORGIA LAWS 2003 SESSION__________4751
(B) Notwithstanding any other provision of this Act, the authority shall not have the power or authority to engage in the distribution or sale of gas or the transportation of gas to any political subdivision, authority, agency, or instrumentality of the State of Georgia, other than the authority and the City of LaGrange, or to any other user or provider of natural gas that is not an ultimate consumer thereof, irrespective ofwhether such consumer is a public or private person or other entity and irrespective of whether the authority acts alone, in conjunction with, on behalf of, or as an agent for another or others in any such transaction.
SECTION 5. Revenue bonds.
The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds.
SECTION 6. Same; form; denomination; registration; place of payment.
The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or outside the state.
SECTION 7. Same; signatures; seal.
All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the authority and the attesting manual or facsimile signature ofthe secretary, assistant secretary, or secretary-treasurer ofthe

4752 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authority, and the official seal of the authority shall be impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary, or secretary-treasurer of the authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such revenue bonds or coupons shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes in the same manner as if that person had remained in office until such delivery.
SECTION 8. Same; negotiability.
All revenue bonds shall have and are declared to have all the qualities and incidents of negotiable instruments tinder the laws of the state.
SECTION 9. Same; sale; price; proceeds.
The authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest of the authority. The proceeds derived from the sale of revenue bonds shall be used solely for the purpose provided in the resolutions and proceedings authorizing the issuance of such revenue bonds.
SECTION 10. Same; interim receipts and certificates or temporary bonds.
Prior to the preparation of any definitive revenue bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary revenue bonds, with or without coupons, exchangeable for definitive revenue bonds upon the issuance of the latter.
SECTION 11. Same; replacement of lost or mutilated bonds.
The authority may provide for the replacement of any revenue bonds or coupons which shall become mutilated or be destroyed or lost.

____________GEORGIA LAWS 2003 SESSION__________4753
SECTION 12. Same; conditions precedent to issuance.
The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed with the proceeds ofthe revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.
SECTION 13. Credit not pledged.
Revenue bonds of the authority shall not be deemed to constitute a debt of City of LaGrange, Georgia, nor a pledge of the faith and credit of said city, but such revenue bonds shall be payable solely from the fund hereinafter provided for. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said city to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain r ecitals on their face covering substantially the foregoing provisions ofthis section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and said city to enter into an intergovernmental contract pursuant to which said city agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority.
SECTION 14. Trust indenture as security.
In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys.

4754 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 15. To whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 16. Sinking fund.
The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, fines, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance ofthe revenue bonds or the trust indenture may provide. Such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as the same shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges ofthe paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.
SECTION 17. Remedies of bondholders.
Any holder of revenue bonds or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance ofthe revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the

____________GEORGIA LAWS 2003 SESSION__________4755
state, including specifically but without limitation, the Revenue Bond Law, or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.
SECTION 18. Validation.
Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state and any institution, department, or other agency of the state and any county, municipality, school district, or other political subdivision or authority of the state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated. Such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds, when validated, and thejudgment ofvalidation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants.
SECTION 19. Venue and jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Troup County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions ofthis Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
SECTION 20. Interest of bondholders protected.
While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority shall be created within Troup County which will compete with the authority to such an extent as to affect adversely the interest and rights ofthe holders ofsuch revenue bonds nor shall the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and

4756 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the holders of any such revenue bonds and, upon the issuance of such revenue bonds under the provisions of this Act, shall constitute a contract with the holders of such revenue bonds.
SECTION 21. Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 22. Purpose of the authority.
Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that ofproviding buildings, facilities, and services for the citizens in City of LaGrange, Georgia.
SECTION 23. Rates, charges, and revenues; use.
The authority is authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as provided in this Act to finance, in whole or in part, the costs of the project and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.
SECTION 24. Rules, regulations, service policies, and procedures for operation of projects.
It shall be the duty of the authority to prescribe rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act, including the basis upon which recreational services and facilities and other public services and facilities shall be furnished. The authority may adopt bylaws.
SECTION 25. Tort immunity.
To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as City of LaGrange, Georgia; and the officers, agents, and employees of the authority when in the performance of the

____________GEORGIA LAWS 2003 SESSION__________4757
work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of City of LaGrange, Georgia, when in the performance of their public duties or work of the city.
SECTION 26. Effect on other governments.
This Act shall not and does not in any way take from City of LaGrange, Georgia, or any county or municipality the authority to own, operate, and maintain facilities or to issue revenue bonds as provided by the Revenue Bond Law.
SECTION 27. Liberal construction of Act.
This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 28. Effective date.
This Act shall become effective on July 1, 2003; provided, however, that this Act shall only become effective if a bill amending Code Section 36-82-61 of the O.C.G.A., relating to definitions regarding Article 3 of Chapter 82 of Title 36, the "Revenue Bond Law," so as to redefine the term "undertaking" and remove referendum requirements regarding certain gas generation and distribution system revenue certificates is passed, becomes law, and becomes effective on or before July 1, 2003; otherwise, this Act shall be void and shall be automatically repealed on July 2, 2003.
SECTION 29. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to create the City of LaGrange Gas Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenue, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, and

4758 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds ofthe authority and to define the rights ofthe holders of such obligations; to fix and provide the venure and jurisdiction of actions relating to any provisions of this Act; to provide for the validation ofbonds; to provide for a contingent effective date; t o p rovide f or a utomatic r epeal u nder c ertain c ircumstances; tor epeal conflicting laws; and for other purposes.
This 30th day of January, 2003
Daniel W. Lee Senator Daniel W. Lee 29th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel W. Lee, who on oath deposes and says that he is the Senator from District 29 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ ofTroup County on February 7,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DANIEL W. LEE Daniel W. Lee Senator, District 29
Sworn to and subscribed before me, this 17th day of February, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 4, 2003.

____________GEORGIA LAWS 2003 SESSION__________4759
POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY; LIMITATION ON TAXATION.
No. 397 (Senate Bill No. 331).
AN ACT
To limit the authority of the Powder Springs Downtown Development Authority to levy taxes on real property; to provide that such authority shall not have to power to levy taxes on owner occupied residential property; to provide for applicability; to provide for membership; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act is enacted pursuant to the authority granted to the General Assembly by subparagraph (s) of that amendment to the Georgia Constitution creating the Powder Springs Downtown Development Authority (Ga. L. 1980, p. 2035), as amended (Ga. L. 1982, p. 2505), to provide by local law for the modification of the powers of said authority.
SECTION 2. Notwithstanding the powers of taxation contained in subparagraph (e) of said amendment to the Constitution, the authority shall not have to power to levy a tax upon owner occupied residential real property within the downtown development district for any tax year beginning on or after January 1, 2004. Further, notwithstanding the provisions of subparagraph (b) of Section 1 of said amendment to the Constitution to the contrary, the mayor shall serve as a sixth member of the authority, ex officio, and shall serve as the authority's chairperson.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the Regular 2003 Session of the General Assembly of Georgia a bill to limit the authority of the Powder Springs Downtown Development Authority to levy taxes on real property; to provide that such authority shall not have the power to levy taxes on owner-occupied residential property; to provide for applicability; and for other purposes.

4760 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 7th day of March, 2003.
Honorable Chuck Clay Senator, District 37
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson, who on oath deposes and says that he is the Senator from District 33 and further deposes and says 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 March 7, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ STEVE THOMPSON Steve Thompson Senator, District 33
Sworn to and subscribed before me, this 25th day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 4, 2003.
MERIWETHER COUNTY - BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 399 (Senate Bill No. 383).
AN ACT
To create a board of elections and registration for Meriwether County and provide for its powers and duties, so as to provide for definitions; to provide for the composition ofthe board and the selection and appointment ofmembers; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for

____________GEORGIA LAWS 2003 SESSION__________4761
compensation of members of the board; to provide for offices and equipment; to provide for personnel, including a chief election official, and compensation; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal of this Act under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to subsection (b) ofCode Section 21-2-40 ofthe O.C.G.A., there is created the Meriwether County Board of Elections and Registration, hereinafter referred to as "the board." The board shall have the powers and duties of the former Meriwether County election superintendent relating to the conduct ofprimaries and elections and shall have the powers and duties of the Meriwether County Board of Registrars relating to the registration of voters and absentee balloting procedures.
SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text ofthis Act, the term "commissioners" means the Board of Commissioners of Meriwether County, and "county" means Meriwether County.
SECTION 3. (a) The board shall be composed of three members, each of whom shall be an elector and a resident of Meriwether County. All members of the board shall be appointed by the Board of Commissioners of Meriwether County. The Meriwether County Board of Elections and Registration shall select a chairperson from among its members. (b) The initial terms of office of two members, as designated in their appointment, shall expire December 31, 2005, and upon the appointment and qualification of their respective successors. The initial term of office of the remaining member of the board shall expire December 31, 2007, and upon the appointment and qualification of that member's successor.
SECTION 4. The board shall appoint a person to serve as the supervisor of elections of Meriwether County. Such position shall be full time and such person shall be paid a salary to be set by the board and payable from county funds. The supervisor of elections shall generally direct and control the administration of elections and voter registration in Meriwether County. The supervisor of elections shall be supervised by the board and shall be subject to removal from office by the board, with or

4762 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
without cause. The supervisor of elections shall not be a member of the board nor an elected official.
SECTION 5. Each member of the board shall:
(1) Serve for a term of four years and until a successor is appointed and qualified, except that initial terms of office shall be as provided in subsection (b) of Section 3 of this Act; (2) Be eligible to be reappointed to succeed such member and shall have the right to resign at any time by giving written notice of such resignation to the commissioners and to the clerk of the Superior Court of Meriwether County; and (3) Be subject to removal from the board at any time for cause, after notice and hearing, by the judge of the Superior Court of Meriwether County.
SECTION 6. (a) The appointment of each member shall be evidenced by the appointing authority filing an affidavit with the clerk of the Superior Court of Meriwether County no later than 30 days preceding the date on which such member is to take office, stating t he n ame a nd r esidence a ddress o f t he p erson a ppointed a nd certifying that such member has been duly appointed as provided in this Act. The clerk of the Superior Court of Meriwether County shall be notified of interim appointments and shall record and certify such appointments in the same manner as the regular appointment of members. (b) The clerk of the Superior Court of Meriwether County shall record each such certification on the minutes of that superior court and shall certify the name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for county registrars.
SECTION 7. (a) In the event a vacancy occurs in the office of any member before the expiration of a term by reason of removal, death, resignation, or otherwise, the appointing authority which is required under Section 3 of this Act to make the appointment to the office upon expiration of the term shall appoint a successor to serve for the remainder of the unexpired term in the manner set forth in Section 3 of this Act. (b) If the appointing authority does not, in conformity with this Act, certify an appointment to the board within 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, the judge of the Superior Court of Meriwether County shall immediately appoint a person to fill the vacancy and shall certify such appointment as provided in Section 6 of this Act. Any person appointed to fill a vacancy shall serve out the unexpired term of office.

____________GEORGIA LAWS 2003 SESSION__________4763
SECTION 8. (a) The first members of the board under this Act shall be appointed as provided in this Act and take office on July 1, 2003. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Meriwether County. (b) Before entering upon the duties of office, each member shall take substantially the same oath as required by law for county registrars and shall have the same privileges from arrest.
SECTION 9. (a) The Meriwether County Board of Elections and Registration shall be empowered with all the powers and duties relating to the conduct of primaries and elections as election superintendents pursuant to the provisions ofChapter 2 ofTitle 21 of the O.C.G.A., the "Georgia Election Code." (b) The board is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose.
SECTION 10. No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective public office, and the position of membership ofany member shall be deemed vacant upon such member's qualifying as a candidate for an elective public office.
SECTION 11. Any rule or regulation promulgated by a county executive committee of a political party under the provisions of subsection (c) of Code Section 21-2-111 of the O.C.G.A. with regard to the conduct of primaries shall be null and void if in conflict with a valid rule or regulation of the board.
SECTION 12. (a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the commissioners or any other public agency to bear any expense of conducting primaries not otherwise required by law. (b) The board shall have the authority to serve as municipal registrar and to conduct municipal elections and primaries for any municipal corporation located within Meriwether County if such municipal corporation has entered into a contract for that purpose with the Meriwether County Board of Commissioners.

4764 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 13. With the approval of the commissioners, the board shall be authorized to expend public funds for the purpose ofpreparing and distributing material solely to inform and instruct electors of the county adequately with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.
SECTION 14. (a) The board shall be authorized and empowered to organize itself, may elect from among its membership a vice chairperson, shall determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such actions as are appropriate to the management of its affairs; provided, however, that no such action shall conflict with general law. (b) Action and decision by the board shall be by a majority vote of the members of the board.
SECTION 15. (a) The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. The board shall hold meetings at the county courthouse in the election headquarters. These meetings shall be held quarterly in years in which there are no county-wide elections and monthly in years in which there are county-wide elections. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place of the holding of such meeting has been communicated in writing to the supervisor of elections to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records.
SECTION 16. (a) The chairperson of the board of elections and registration shall chair all meetings of the board and be the spokesperson for the board. (b) The members of the board shall receive such compensation for their services as members of the board as may be determined by the Board of Commissioners of Meriwether County. In addition thereto, they shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. (c) All amounts payable under this section shall be paid from the funds of Meriwether County.

____________GEORGIA LAWS 2003 SESSION__________4765
SECTION 17. Subject t o a ppropriation o f funds b y t he c ommissioners, t he b oard s hall b e authorized to expend public funds to provide for such proper and suitable administrative offices and for such clerical assistants and other employees as the board shall deem appropriate. Compensation for such administrative personnel shall be paid by the board under the county personnel system wholly from county funds. This section shall not be construed so as to require the board to expend any funds simply because they are authorized to do so under this Act. Employees ofthe board shall be considered county employees for pay, benefits, sick leave, vacation, and for other purposes.
SECTION 18. Effective on the date the board can first take official action under Section 8 of this Act, the election superintendent of Meriwether County and the Board of Registrars of Meriwether County shall be relieved from all powers and duties to which the board of elections and registration succeeds by the provisions of this Act and shall deliver thereafter to the chairperson of the board, upon the chairperson's written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
SECTION 19. It shall be the duty of the governing authority of Meriwether County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. If implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of July 1, 2004, this Act shall be void and stand repealed in its entirety.
SECTION 20. This Act shall become effective on July 1, 2003, except that for the purpose of making initial appointments to the board, this Act shall become effective May 1, 2003.
SECTION 21. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to provide for the creation and formation of the Meriwether County Elections Board and for other purposes. This 26th day of March, 2003.
Daniel W. Lee

4766 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel W. Lee, who on oath deposes and says that he is the Senator from District 29 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator which is the official organ of Meriwether County on April 4,2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DANIEL W. LEE Daniel W. Lee Senator, District 29
Sworn to and subscribed before me, this 10th day of April, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved June 4, 2003.
CLAYTON COUNTY - BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 425 (Senate Bill No. 360).
AN ACT
To create a board of elections and registration for Clayton County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection, appointment, and certification of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for organization, meetings, procedures, records, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel, including an elections director, and compensation and benefits; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to

____________GEORGIA LAWS 2003 SESSION__________4767
provide for submission; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created, on the thirtieth day following the date this Act becomes effective in 2003, the Clayton County Board of Elections and Registration, hereinafter referred to as "the board." The board shall have the powers and duties of the former Clayton County election superintendent relating to the conduct of primaries and elections, exclusive of those powers and duties incidental to a judicial officer. Further, the board shall have the powers and duties of the Clayton County Board of Registrars relating to the registration of voters and absentee balloting procedures.
SECTION 2. The terms "election," "elector," "political party," "primary," "superintendent," and "public office" shall have the same meaning as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act, and the term "commissioners" means the Board of Commissioners of Clayton County and "county" means Clayton County.
SECTIONS. The board shall be composed of five members, each of whom shall be an elector and resident of Clayton County. Each member of the Clayton County board of commissioners shall appoint one member ofthe Clayton County Board ofElections and Registration to serve for a term of office concurrent with that of the appointing member of the board of commissioners. Any vacancy shall be filled in the same manner for the remainder of the unexpired term of office.
SECTION 4. (a) The board shall be responsible for the selection and appointment of an administrative director, subject to the approval of the commissioners, to be known as the elections director. The elections director shall administer and supervise the conduct of elections, primaries, and registration of electors for the county and direct and control all election and voter registration staff personnel. The position of elections director shall be full time and such person shall be paid a salary to be set by the commissioners and payable from county funds. The elections director shall be supervised by the board and serve at the pleasure of the board. The elections director shall be subject to removal from office by the board, with or without cause. The elections director shall not be a member of the board nor an elected official. (b) The board shall act, within 60 days of its members being able to take official action under this Act, to retain or appoint an elections director who shall be hired by the board from a job description drawn by the board in concert with the county

4768 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
personnel office. In the event the board fails to appoint or retain an elections director to fill a vacancy within the time specified in this subsection, an acting elections director who shall fill temporarily such vacancy shall be appointed by the commissioners to serve until the board fills the vacancy.
SECTION 5. Each member of the board shall:
(1) Be eligible to be reappointed to succeed such member and have the right to resign at any time by giving written notice of such resignation to the commissioners and to the clerk of the Superior Court of Clayton County; and (2) Be subject to removal from the board at any time for cause, after notice and hearing, by the chiefjudge of the Superior Court of Clayton County.
SECTION 6. (a) The appointment of each member shall be entered upon the minutes of the Superior Court of Clayton County no later than 30 days preceding the date on which such member is to take office, stating the name and residence address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the Superior Court of Clayton County shall be notified of interim appointments and shall record and certify such appointments in the same manner as the regular appointment of members. (b) The clerk of the Superior Court of Clayton County shall certify the name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for county registrars.
SECTION 7. (a) The first members of the board under this Act shall be appointed no later than July 1, 2003, to take office on their appointment. The board shall take no official action until all members have been certified by the clerk of the Superior Court of Clayton County. (b) Before entering upon the duties of office, each member shall take substantially the same oath as required by law for county registrars and shall have the same privileges from arrest.
SECTION 8. (a) The Clayton County Board of Elections and Registration shall be empowered with all the powers and duties relating to the conduct of primaries and elections as election superintendents pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (b) The board is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

____________GEORGIA LAWS 2003 SESSION__________4769
(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.
SECTION 9. No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective public office, and the position of membership ofany member shall be deemed vacant upon such member's qualifying as a candidate for an elective public office.
SECTION 10. Any rule or regulation promulgated by a county executive committee of a political party under the provisions of subsection (c) of Code Section 21-2-111 of the O.C.G.A., with regard to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board.
SECTION 11. (a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require the commissioners or any other public agency to bear any expense of conducting primaries not otherwise required by law. (b) The board shall have the authority to serve as municipal registrar and to conduct municipal elections and primaries for any municipal corporation located within Clayton County if such municipal corporation has entered into a contract for that purpose with the Clayton County Board of Commissioners.
SECTION 12. With the approval of the commissioners, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to inform and instruct electors ofthe county adequately with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.
SECTION 13. (a) The board shall be authorized and empowered to organize itself and shall elect annually a chair from among its members at its first meeting of each calendar year. The board may elect from among its membership a vice chair and such other officers as deemed necessary for terms consistent with that of the chair. The board shall determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such actions as are appropriate to the management of its affairs; provided, however, that no such action shall conflict with general law. (b) Action and decision by the board shall be by a majority vote of a quorum of the members of the board.

4770 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 14. (a) The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. The board shall hold meetings at the county courthouse, at the place of meeting of the commissioners, or such other place as the commissioners shall prescribe. These meetings shall be at such times and frequency as is deemed necessary to carry out the duties and responsibilities of the board. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place of the holding of such meeting has been communicated in writing to the elections director who shall provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records.
SECTION 15. (a) The chair of the board of elections and registration shall conduct all meetings of the board and be the spokesperson for the board. The vice chair shall act in the absence of the chair. (b) The members of the board shall receive compensation for their service as established by the commissioners and shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. (c) All amounts payable under this section shall be paid from the funds of Clayton County.
SECTION 16. Subject t o a ppropriation o f funds b y t he c ommissioners, t he b oard s hall b e authorized to expend public funds to provide for such proper and suitable administrative offices and for such clerical assistants and other employees as the board shall deem appropriate. Compensation for such administrative personnel shall be paid by the board under the county personnel system wholly from county funds. This section shall not be construed so as to require the board to expend any funds simply because they are authorized to do so under this Act. Employees of the board shall be considered county employees for purposes of pay, benefits, sick leave, vacation, and for other purposes.
SECTION 17. The board shall be responsible for the selection, appointment, and training of poll workers in elections. Such workers shall be appointed, insofar as practicable, from lists provided by the county executive committee of any political party whose nominee for President of the United States received at least 10 percent of the vote in Clayton County during the most recent general election for that office. It shall

____________GEORGIA LAWS 2003 SESSION__________4771
be the responsibility of any such political party to provide said list to the board in a timely fashion and to supplement said list upon a reasonable request to do so.
SECTION 18. Effective on the date the board can first take official action under Section 7 of this Act, the election superintendent of Clayton County and the Board of Registrars of Clayton County shall be relieved from all powers and duties to which the board of elections and registration succeeds by the provisions of this Act and shall deliver thereafter to the chair of the board, upon the chair's written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
SECTION 19. The governing authority of Clayton County shall through its legal counsel cause this Act to be submited for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 20. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 21. All laws and parts of laws in conflict with this Act are repealed.
Notice is given that there will be introduced at the regular 2003 session of the General Assembly, a bill to provide for an Elections Board for Clayton County.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who on oath deposes and says that he is the Senator from District 44 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News Daily which is the official organ of Clayton County on February 21, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TERRELL STARR Terrell Starr Senator, District 44

4772 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 27th day of March, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved June 4, 2003.

HOME RULE ORDINANCES
OF COUNTIES
AND CONSOLIDATED GOVERNMENTS

____________GEORGIA LAWS 2003 SESSION__________4775

ATHENS-CLARKE COUNTY- MERIT SYSTEM; EMPLOYEE HEALTH INSURANCE BENEFITS.

AN ORDINANCE UNDER THE HOME RULE POWERS GRANTED TO ATHENS-CLARKE COUNTY TO AMEND THE CHARTER OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO MERIT SYSTEM OF PERSONNEL ADMINISTRATION - EMPLOYEE HEALTH INSURANCE BENEFITS; AND FOR OTHER PURPOSES.

The Commission of Athens-Clarke County, Georgia hereby ordains as follows:

SECTION 1. Section 4-301, entitled "Establishment of merit system," of the Charter ofAthens-Clarke County is hereby amended by adding a new paragraph (c) thereto as follows:

"(c) For employees hired after July 1,2002, whether to continue to offer a program of health care benefits, the nature and structure of such a program, the benefits provided in such a program, and the premiums to be paid by employees for their participation or the participation of their families or dependents, if offered, shall be subject to change from time to time in the sound discretion of the Mayor and Commission."

SECTION 2. All ordinances or local laws and parts of ordinances or local laws in conflict with this Ordinance are hereby repealed.

Adopted the 4 day of June, 2002.

Approved the 7 day of June, 2002

s/ G.J. SPRATLIN Clerk of Commission

s/ DOC ELDRIDGE Mayor

I hereby certify this is a true and correct copy of an ordinance of the Unified Government of Athens-Clarke County adopted by the Mayor and Commission on June 4, 2002.

s/ G.J. SPRATLIN Commission Clerk

STATE OF GEORGIA COUNTY OF CLARKE

Affidavit of Publication

I, Angela Smith, an agent of the Athens Banner-Herald do hereby subscribe that the Athens Banner-Herald published the attached advertisement on the following dates:

4776________COUNTY HOME RULE ORDINANCES_________

Ad# Date

Edition

Class

PO

576962 05/17/02 Athens Banner-

062

05/24/02 Athens Banner-

062

05/31/02 Athens Banner- 062

16844 16844 16844

AGENT Subscribed and sworn to me before this date: 05/31/2002

s/ ANGELA SMITH CLASSIFIED INSIDE SALES MANAGER

s/ VALERIE B. WINFREY Notary Public [SEAL]

NOTICE

Notice is hereby given that an ordinance under the Home Rule Power to Amend an Act providing for the Charter ofthe Unified Government ofAthens-Clarke County, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, so as to change the provisions thereofregarding EMPLOYEE HEALTH INSURANCE BENEFITS UNDER THE MERIT SYSTEM OF PERSONNEL ADMINISTRATION (ATHENS-CLARKE COUNTY CHARTER SECTION 4-301) was presented for first adoption of the regular meeting of the Mayor and Commission of Athens-Clarke County on May 7, 2002 and will be presented for final adoption at the regular meeting of the Mayor and Commission of Athens-Clarke County on June 4, 2002, at 7:00 p.m. in the Commission Chamber, City Hall, 301 College Avenue, Athens, Georgia. The public is invited and encouraged to attend.

A copy of said amendment is on file in the Office ofthe Clerk of Superior Court of Athens-Clarke County and in the Office of the Clerk of Commission of Athens-Clarke County for the purpose of inspection by the public. This notice is given pursuant to the requirements of Article 9, Section 2, Paragraph 1 of the Constitution ofthe State ofGeorgia and Section 8-112 ofthe Charter ofthe Unified Government of Athens-Clarke County, Georgia.

A qualified interpreter for the hearing impaired is available upon requests at least ten (10) days in advance of this meeting. Please call (706) 613-3031, [TDD (706) 613-3115] to request an interpreter or for more information.

This 7th day of May, 2002.

____________GEORGIA LAWS 2003 SESSION__________4777
Ernie DePascale Attorney for
Athens-Clarke County, Georgia
Filed in the Office of the Secretary of State June 17, 2002.
NEWTON COUNTY - CHAIRMAN; PURCHASE APPROVAL AND BID THRESHOLDS.
R100102a
RESOLUTION OF THE BOARD OF COMMISSIONERS OF
NEWTON COUNTY, GEORGIA
WHEREAS, the enabling legislation ofthe Board of Commissioners ofNewton County, Georgia, Ga. Laws 1962, P. 2784, as amended, was duly enacted by the General Assembly.
WHEREAS, Newton County is authorized to amend the local acts applicable to its governing authority by following the procedure set out in Ga. Const. Art. 9, 2, 11.
WHEREAS, Section 4-104 of the enabling legislation, as amended, provides as follows: "the Chairman, before making any purchase which individually or in an aggregate is in excess of five hundred dollars ($500.00), shall have the approval of the majority of the Board and competitive bids shall be taken; however, said bids may be waived by the unanimous consent ofthe Board with all five Board members and the Chairman signing said purchase order and said purchase order being entered into the minutes of the meeting when approved."
WHEREAS, the Board of Commissioners desires to amend said section to increase the purchase approval and bid thresholds from $500 to $50,000.
WHEREAS, the Board of Commissioners complied with the procedures for amending local acts applicable to the governing authority set out in Ga. Const. Art. 9, 2,1J1.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Newton County, Georgia that Section 4-104 is hereby amended to read as follows.

4778

COUNTY HOME RULE ORDINANCES

Section 4-104 Purchases: The Chairman, before making any purchase which individually or in an aggregate is in excess of fifty thousand dollars ($50,000.00), shall have the approval of the majority of the Board and competitive bids shall be taken; however, said bids may be waived by the unanimous consent of the Board with all five Board members and the Chairman signing said purchase order and said purchase order being entered into the minutes of the meeting when approved. The fifty thousand dollar ($50,000.00) approval and bid thresholds may be further limited by Ordinance of the Board.

SO RESOLVED this 1st day of October 2002.

The Board of Commissioners of Newton County, Georgia

By: s/ AARON VARNER________________ Aaron Varner, Chairman

s/ T. M. EWING T. M. Ewing, District One Commissioner

s/ RONNIE DIMSDALE_____________ Ronnie Dimsdale, District Two Commissioner

s/ESTER FLEMING_____________ Ester Fleming, District Three Commissioner

s/ J. C. HENDERSON_______________ J. C. Henerson, District Four Commissioner

Attest:

s/ BILLY STRICKLAND______________ Billy Strickland, District Five Commissioner

s/ JACKIE SMITH Jackie B. Smith, Clerk

R100102a SECOND ADOPTION

RESOLUTION OF THE BOARD OF COMMISSIONERS OF
NEWTON COUNTY, GEORGIA

WHEREAS, the enabling legislation of the Board of Commissioners ofNewton County, Georgia, Ga. Laws 1962, P. 2784, as amended, was duly enacted by the General Assembly.

_________GEORGIA LAWS 2003 SESSION__________4779

WHEREAS, Newton County is authorized to amend the local acts applicable to its governing authority by following the procedure set out in Ga. Const. Art. 9, 2, 11-

WHEREAS, Section 4-104 ofthe enabling legislation, as amended, provides as follows: "the Chairman, before making any purchase which individually or in an aggregate is in excess of five hundred dollars ($500.00), shall have the approval of the majority of the Board and competitive bids shall be taken; however, said bids may be waived by the unanimous consent ofthe Board with all five Board members and the Chairman signing said purchase order and said purchase order being entered into the minutes of the meeting when approved."

WHEREAS, the Board of Commissioners desires to amend said section to increase the purchase approval and bid thresholds from $500 to $50,000.

WHEREAS, the Board of Commissioners complied with the procedures for amending local acts applicable to the governing authority set out in Ga. Const. Art. 9, 2,^1.

NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Newton County, Georgia that Section 4-104 is hereby amended to read as follows.

Section 4-104 Purchases: The Chairman, before making any purchase which individually or in an aggregate is in excess of fifty thousand dollars ($50,000.00), shall have the approval of the majority of the Board and competitive bids shall be taken; however, said bids may be waived by the unanimous consent of the Board with all five Board members and the Chairman signing said purchase order and said purchase order being entered into the minutes of the meeting when approved. The fifty thousand dollar ($50,000.00) approval and bid thresholds may be further limited by Ordinance of the Board

SO RESOLVED this 15th day of October 2002.

The Board of Commissioners of Newton County, Georgia

By: s/ AARON VARNER________________ Aaron Varner, Chairman

s/ T. M. EWING______ T. M. Ewing, District One Commissioner

(SEAL)

s/ RONNIE DIMSDALE_____________ Ronnie Dimsdale, District Two Commissioner

4780

COUNTY HOME RULE ORDINANCES

s/ESTER FLEMING Ester Fleming, District Three Commissioner
s/ J. C. HENDERSON________________ J. C. Henderson, District Four Commissioner
s/ BILLY STRICKLAND______________ Billy Strickland, District Five Commissioner
Attest:
s/ JACKIE B. SMITH Jackie B. Smith, Clerk
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA NEWTON COUNTY
Before the undersigned attesting officer in and for said State personally appeared John Hall, who on oath deposes and says that he is the publisher of The Covington News, the newspaper in which sheriffs advertisements appear for Newton County; and that the attached notice regarding the amendment ofNewton County's enabling legislation to increase the purchase approval and bid thresholds from $500 to $50,000 was published in said newspaper on the following dates, to-wit: September 12, September 19 and September 26, 2002.
s/JOHN HALL Publisher
Sworn to and subscribed before me this 18th day of October, 2002.
s/ PERILYN LEBLANC Notary Public
Notary Public, Newton County, Georgia My Commission Expires June 13, 2004
(NOTARIAL SEAL)

____________GEORGIA LAWS 2003 SESSION__________4781
Legal No. 6167 Septemberl2, 19 & 26, 2002
NOTICE
In accordance with the procedures set forth in Article 9, Section 2, Paragraph 1 of the Georgia Constitution, the Board of Commissioners of Newton County, Georgia proposes to amend Section 4-104 ofNewton County's enabling legislation to increase the purchase approval and bid thresholds from $500 to $50,000. The proposed amendment will be considered at the October 1, 2002 and October 15, 2002 regular Newton County Board of Commissioner meetings. A copy of the proposed amendment is on file with the Clerk of the Superior Court of Newton County for the purpose of examination and inspection by the public.
September 12,2002.
Filed in the Office of the Secretary of State November 13, 2002.
CHATTOOGA COUNTY - PURCHASING POWERS; REQUIREMENTS AND GENERAL PROVISIONS REGARDING EMERGENCIES.
A RESOLUTION TO AMEND LOCAL ACT
WHEREAS, the Commissioner of Chattooga County, Georgia, by virtue and with authority of Article IX, 2, U 1 of the Georgia Constitution, is granted authority to pass such ordinances and resolutions and amend local acts of the General Assembly of Georgia; and
WHEREAS, the Commissioner has determined that a need exists for amending certain provisions of the Act establishing his offices and providing power; and
WHEREAS, notice has been provided in accordance with the provisions of law.
NOW THEREFORE, be it resolved by the Commissioner ofChattooga County, Georgia and same is so resolved that Ga. Laws 1956, page 2899, as amended in Ga. Laws 1977, page 3865, and as further amended in Ga. Laws 1983, page 4757, is hereby amended as follows:
Be it enacted by the Commissioner of Chattooga County, Georgia that an act creating the office ofCommissioner ofChattooga County, Georgia approved March 6, 1956 (Ga. Laws 1956, page 2899), as amended, particularly by an act approved

4782________COUNTY HOME RULE ORDINANCES_________
March 23, 1977 (Ga. Laws 1977, page 3865, and as amended by an act approved March 23, 1982 (Ga. Laws 1983, page 4757), is hereby amended by striking in its entirety Section 12 thereof which reads as follows:
"Section 12. All purchases of $1,000.00 or less, including but not limited to purchases of supplies, materials, equipment, road machinery, food and clothing shall be at the discretion of the Commissioner without the necessity of any competitive bids, or purchases of services without regard to amount shall be at the discretion of the Commissioner without the necessity of any competitive bids, except where required by general Statutes of the State of Georgia. All purchases, except emergencies and or used equipment, in excess of $1,000.00 shall be made upon sealed competitive bid, and to this end it shall be the duty of said Commissioner to estimate the county's needs and requirements as often as shall be required, but not less than four times per calendar year and to have said estimate published in the official organ of the county for which publication the legal rate of advertising shall be paid. The aforementioned estimate of said requirements shall be divided into commodity divisions, and bids shall be requested thereupon. Said advertisements shall state the date and place ofthe opening of said bids. All of said bids shall be received under seal and all bids received under seal shall not be opened until the specified time and place. At said time and place, said bids so received shall be opened and thereafter shall be filed two years in the office of the Commissioner for public inspection. Said supplies, materials, equipment, road machinery, food and clothing, and other items shall be purchased from the lowest bidder, except that the Commissioner is hereby authorized in the exercise of his discretion to reject any or all bids if it is determined that said bids are too high above the price paid for the same or similar items in surrounding counties.
The Commissioner is further empowered to purchase used equipment at auction or by private negotiation with any other county, individual, corporation or business if in his discretion he determines that said used equipment is satisfactory for use by Chattooga County and said price is reasonable considering other equipment in the same condition. Provided, that ifbecause ofany loss, accident, emergency, or cause not foreseen before the same arises, said county shall need to purchase any supplies, materials, food and clothing or other items, the Commissioner is hereby empowered to make said emergency purchases in his discretion and at the best available offer, taking into consideration the emergency situation and the quality and price of said items purchased. Ifbecause ofany loss, accident, emergency, or cause not foreseen before the same arises, said county shall need to repair any road equipment, cars or trucks, not at any time exceeding in cost $ 1,000.00 per vehicle for parts for cars or trucks and $2,500.00 per vehicle for parts for heavy road equipment, the same may be repaired without advertising for bids for furnishing same, provided said county supplies the necessary labor to install said parts and upon approval of the Commissioner. In the event said county does not supply labor to install said parts, the Commissioner is hereby empowered to contract for said labor at the best

____________GEORGIA LAWS 2003 SESSION__________4783
available price, taking into consideration the emergency situation and need for said equipment."
and inserting in lieu thereof a new Section 12, to read as follows:
"Section 12. All purchases of $5,000.00 or less, including but not limited to purchases of supplies, materials, equipment, road machinery, food and clothing shall be at the discretion of the Commissioner without the necessity of any competitive bids. The Commissioner is authorized to negotiate and contract for personal services without regard to amount and without the necessity of any competitive bids, except where required by general Statutes ofthe State ofGeorgia. All purchases, except emergencies and or used equipment, in excess of $5,000.00 shall be made upon sealed competitive bid, and to this end it shall be the duty of said Commissioner to estimate the county's needs and requirements as often as shall be required, but not less than once per calendar year and to have said estimate published in the official organ of the county for which publication the legal rate of advertising shall be paid. The aforementioned estimate of said requirements shall be divided into commodity divisions, and bids shall be requested thereupon. Said advertisements shall state the date and place of the opening of said bids. All of said bids shall be received under seal and all bids received under seal shall not be opened until the specified time and place. At said time and place, said bids so received shall be opened and thereafter shall be filed and retained for two years in the office of the Commissioner for public inspection. Said supplies, materials, equipment, road machinery, food and clothing, and other items shall be purchased from the lowest bidder, except that the Commissioner is hereby authorized in the exercise of his discretion to reject any or all bids if it is determined that said bids are too high above the price paid for the same or similar items in surrounding counties.
The Commissioner is further empowered to purchase used equipment at auction or by private negotiation with any other county, individual, corporation or business if in his discretion he determines that said used equipment is satisfactory for use by Chattooga County and said price is reasonable considering other equipment in the same condition. Provided, that ifbecause ofany loss, accident, emergency, or cause not foreseen before the same arises, said county shall need to purchase any supplies, materials, food and clothing or other items, the Commissioner is hereby empowered to make said emergency purchases in his discretion and at the best available offer, taking into consideration the emergency situation and the quality and price of said items purchased. Ifbecause ofany loss, accident, emergency, or cause not foreseen before the same arises, said county shall need to repair any road equipment, cars or trucks, not at any time exceeding in cost $3,000.00 per vehicle for parts for cars or trucks and $5,000.00 per vehicle for parts for heavy road equipment, the same may be repaired without advertising for bids for furnishing same, provided said county supplies the necessary labor to install said parts and upon approval of the

4784________COUNTY HOME RULE ORDINANCES__________
Commissioner. In the event said county does not supply labor to install said parts, the Commissioner is hereby empowered to contract for said labor at the best available price, taking into consideration the emergency situation and need for said equipment."
This amendment shall be effective as of January 1,2003. All laws, resolutions, ordinances and parts of same in conflict with this resolution are here repealed.
So adopted this 14th day of November, 2002.
s/ Jim Parker_______________ JIM PARKER, COMMISSIONER CHATTOOGA COUNTY, GEORGIA
[SEAL]
Duly entered upon the Minutes ofthe Commissioner this 14th day ofNov., 2002.
s/ MARTHA TUCKER_________ MARTHA TUCKER, CLERK CHATTOOGA COUNTY, GEORGIA
CLERK'S CERTIFICATE I hereby certify that a copy of the above resolution as initially proposed was duly filed with me on October 14,2002 and a copy of said resolution was available for examination and inspection by the public.
This 14 day of Nov., 2002.
s/ SAM L. CORDLE. JR.________ SAM L. CORDLE, JR., CLERK OF SUPERIOR COURT OF CHATTOOGA COUNTY, GEORGIA
STATE OF GEORGIA
CHATTOOGA COUNTY
This is to certify that the attached 5 pages constitute a true and correct copy of a resolution duly adopted by the Commissioner of Chattooga County, Georgia and entered upon his minutes.

____________GEORGIA LAWS 2003 SESSION__________4785
This 14th day of Nov., 2002.
s/ MARTHA TUCKER MARTHA TUCKER, CLERK OF CHATTOOGA COUNTY, GEORGIA
[SEAL]
PUBLISHERS AFFIDAVIT
GEORGIA, CHATTOOGA COUNTY
Personally appeared before the undersigned officer came the Publisher of The Summerville News, a newspaper of general circulation in Chattooga County, Georgia, who being duly sworn states under oath as follows:
That the following advertisement, to-wit:
NOTICE OF INTENT TO AMEND ACT
Now comes Jim Parker, Sole Commissioner of Chattooga County, Georgia and hereby provides notice of a proposed resolution amending Ga. Laws 1956, page 2899, as amended by Ga. Laws 1977, page 3865, and Ga. Laws 1983, page 4757.
Notice is given that the Commissioner proposes to adopt an amendment to the aforementioned Acts by a resolution and pursuant to the Home Rule Act for counties as codified in Article IX, Section 2, Paragraph 1 of the Georgia Constitution. The proposed amendment will amend Section 12 of said Acts and provide for changes in purchase power, requirements and general provisions regarding emergencies. A copy of the proposed amendment is on file in the Office of the Clerk of Superior Court for examination and inspection by the public and a copy of same shall be furnished by the Clerk upon request.
The first meeting to consider the adoption shall occur on October 15, 2002 at 10:00 a.m. in the Office of the Commissioner, 120 Cox Street, Summerville, Georgia 30747, and the final meeting shall occur on November 12th, 2002 at 10:00 a.m. in the Office of the Commissioner, 120 Cox Street, Summerville, Georgia, 30747.
The public is invited to attend said meetings and review the proposed amendment.
This 7th day of October, 2002.

4786________COUNTY HOME RULE ORDINANCES___________
/si JIM PARKER JIM PARKER, Sole Commissioner of Chattooga County, Georgia. 10-24p
appeared in The Summerville News on October 10, 2002, October 17, 2002 and October 24, 2002.
This 27th day of November, 2002.
s/ WINSTON E. ESPY_____ WINSTON E. ESPY
Sworn to and subscribed before me this 27th day of November, 2002.
s/ CHRISTOPHER L. CORBIN NOTARY PUBLIC [SEAL]
Filed in the Office of the Secretary of State December 3, 2002.

HOME RULE ORDINANCES
OF MUNICIPAL CORPORATIONS

____________GEORGIA LAWS 2003 SESSION__________4789

CITY OF PALMETTO - TELECOMMUNICATIONS SYSTEMS NETWORK.

CITY OF PALMETTO STATE OF GEORGIA

ORDINANCE NO. 02-02

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF PALMETTO; TO PROVIDE FOR ADDITIONAL POWERS, DUTIES, AND AUTHORITY OF THE MAYOR AND COUNCIL OF THE CITY OF PALMETTO, GEORGIA, WITH RESPECT TO A TELECOMMUNICATIONS SYSTEMS NETWORK; TO REPEAL ALL OTHER A CTS A ND O RDINANCESI N C ONFLICT H EREWITH; T O PROMOTE THE PUBLIC HEALTH, SAFETY AND WELFARE; AND FOR OTHER PURPOSES.

WHEREAS, the City of Palmetto, Georgia, a municipal corporation ofthe State of Georgia (the "City") operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved March 2, 1966 (Ga. L. 1966, p. 2771), as amended; 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 MAYOR AND COUNCIL FOR THE CITY OF PALMETTO, GEORGIA, AND IT IS HEREBY ENACTED PURSUANT TO THE AUTHORITY OF THE SAME THAT THE CHARTER FOR THE CITY OF PALMETTO, GEORGIA, BE AMENDED AS FOLLOWS:

Section 1.

The Charter of the City of Palmetto, Georgia, which was established by an Act creating a new Charter for the City of Palmetto, Georgia, approved March 2, 1966 (Ga. L. 1966, p. 2771), as amended, is hereby amended by adding a new section immediately following Article X, Section 39.1, to be designated as Article X, Section 39.2, and to read as follows:

Section 39.2 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

4790

MUNICIPAL HOME RULE ORDINANCES

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 ofconsumers and other providers, to use telecommunications to respond to c ommunity needs, encourage the development of information-based organizations in the City of Palmetto, 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 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 Newnan Times-Herald and The South Fulton Neighbor, newspapers of general circulation in both the Coweta County and Fulton County portions of the City, once a week for three weeks within a period of sixty days immediately preceding the day ofthe final adoption ofthis ordinance. The Clerk of the City is also hereby authorized and directed to cause the respective publishers of The Newnan Times-Herald and The South Fulton Neighbor to execute an affidavit of publication.

This ordinance was introduced and read at a lawful meeting of the Mayor and Council of Palmetto held on March 4,2002, and read the second time, passed, and adopted in like meeting held on April 1, 2002.

SO ORDAINED this 1st day of April, 2002.

(SEAL)

MAYOR AND COUNCIL FOR THE CITY OF PALMETTO
Bv: s/ J. CLARK BODDIE J. Clark Boddie, Mayor

______________GEORGIA LAWS 2003 SESSION__________4791
ATTEST:
s/ WILLIAM H. SHELL________ William H. Shell, City Clerk
CITY OF PALMETTO GEORGIA, FULTON COUNTY
I, WILLIAM H. SHELL, City Administrator, City Clerk and Custodian of the Official Records of the City of Palmetto, do hereby certify that the within and foregoing is a true, complete and correct copy of the original document, as appears by the original on file and of record in the office of Clerk of the City of Palmetto, Georgia, consisting of 4 pages.
Witness my hand and seal of City, this the 18th day of April, 2002.
s/ WILLIAM H. SHELL William H. Shell, City Administrator, City Clerk and Custodian of the Official Records of the City of Palmetto
AFFIDAVIT OF PUBLICATION
I, Wade W. Stephens do solemnly swear that I am Advertising Director of The Marietta Daily Journal and Neighbor Newspapers, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisement of City of Palmetto was inserted in the South Fulton Neighbor on February 20, 2002.
s/ WADE W. STEPHENS
This 27th day of March, 2002.
s/ DEBRA C. ADAMSON_____ Notary Public August 21,2004 Expiration Date
AFFIDAVIT OF PUBLICATION
I, Wade W. Stephens do solemnly swear that I am Advertising Director of The Marietta Daily Journal and Neighbor Newspapers, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisement of City of Palmetto was inserted in the South Fulton Neighbor on February 27, 2002.

4792_______MUNICIPAL HOME RULE ORDINANCES__________

s/ WADE W. STEPHENS

This 27th day of March, 2002.

s/ DEBRA C. ADAMSON_____ Notary Public August 21,2004 Expiration Date

AFFIDAVIT OF PUBLICATION

I, Wade W. Stephens do solemnly swear that I am Advertising Director of The Marietta Daily Journal and Neighbor Newspapers, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisement of City of Palmetto was inserted in the South Fulton Neighbor on March 6, 2002.

s/ WADE W. STEPHENS

This 27th day of March, 2002.

s/ DEBRA C. ADAMSON_____ Notary Public August 21,2004 Expiration Date

PUBLISHER'S AFFIDAVIT

This is to certify that the attached legal advertisement was published in The Times-Herald, official organ of Coweta County, State of Georgia, on the following dates:

February 21, 28 & March 7

Sworn before me on this 11 day of March, 2002

s/ ASHLEY S. CAMP Notary Public My Commission Expires Nov. 18, 2004

s/ SAM O. JONES Sam O. Jones Publisher

____________GEORGIA LAWS 2003 SESSION_________4793

NOTICE OF PROPOSED CHARTER AMENDMENT FOR THE CITY OF PALMETTO, GEORGIA

The Mayor and Council for the City of Palmetto, Georgia (the "City"), will be considering a proposed charter amendment at its regularly scheduled meetings of Monday, March 4, 2002, and Monday, April 1, 2002, Both meetings will be held at City Hall, 509 Toombs Street, Palmetto, Georgia, and are scheduled to begin at 7:30 p.m. The proposed amendment is for the purpose of enabling the City to provided telecommunications services to consumers within or outside the corporate limits of the City, A copy of the proposed charter amendment is on file in the Office of the City Clerk of Palmetto, and in the office of the Clerk of Superior Court for Fulton County, and the Clerk of Superior Court for Coweta County for the purpose of examination and inspection by the public.

William H. "Bill" Shell, City Clerk City of Palmetto, Georgia

No. 20140-2-21-28&3-7

Filed in the Office of the Secretary of State April 23, 2002.

CITY OF DAWSONVILLE - MAYOR AND COUNCIL; MEETING DATES.
FIRST READING March 18, 2002 PUBLICATION DATES March 13, 2002
March 20, 2002 March 27, 2002 SECOND READING May 6, 2002
ORDINANCE NO.:
AN ORDINANCE TO MODIFY DATE & TIME OF REGULARLY SCHEDULED CITY COUNCIL MEETING AS PROVIDED UNDER
THE CITY CHARTER FOR DAWSONVILLE, GEORGIA; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES
WHEREAS, during April, 1996, an act was passed in the Georgia Legislature providing a new Charter for the City of Dawsonville and for other purposes; and
WHEREAS, the City Charter established that all regular Council meetings would be held on the first Tuesday of each month at 7:00 p.m.; and

4794_______MUNICIPAL HOME RULE ORDINANCES________
WHEREAS, the City Charter was amended on or about January 5, 1998, wherein the scheduling for the regular meeting of Mayor and City Council was changed to the third Monday of each month; and
WHEREAS, due to various conflicts, Members of City Council are desirous of amending their municipal Charter pursuant to the Home Rule Powers contained in OCGA 36-35-3 in an effort to change the date and time of their regularly scheduled monthly meeting; and
WHEREAS, City Council has complied with the requirements of OCGA 36-35-3(b)(l); and consequently
THE COUNCIL OF THE CITY OF DAWSONVILLE, GEORGIA HEREBY ORDAINS AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS:
(a) The regularly scheduled meetings of Dawsonville City Council as contained in the City Charter shall be changed from 6:00 p.m. on the third Monday of each month to 6:30 p.m. on the first Monday of each month as well as at 6:30 p.m. on the third Monday of each month. However, prior to beginning each regularly scheduled council meeting, as work session will begin at 6:00 p.m. on each date wherein same will last 30 minutes. Thereafter, Members of Council shall proceed into the regularly scheduled meeting.
(b) All other provisions as contained in the City Charter for the City of Dawsonville, Georgia which are not modified by this ordinance shall remain in full force and effect.
(c) A copy of this Charter Amendment along with all other required documents, shall be provided to the Secretary of State in accordance with O.C.G.A. 36-35-5.
(d) This ordinance shall become effective June 1, 2002.
SO ADOPTED by the City Council of Dawsonville, Georgia this 6th day of May, 2002.
CITY OF DAWSONVILLE
BY: s/ G. L. WILLIAMS. JR._____ Mayor, City of Dawsonville
s/ TIMOTHY ROLAND WIMPEY Council Member

GEORGIA LAWS 2003 SESSION

4795

s/ AUSTIN L. CRAFT Council Member
s/ M. DAVID COX Council Member
s/ JIMMY S. MOORE Council Member
s/ DEBORAH PHILLIPS Attested to by City Clerk
NOTICE OF PUBLIC HEARING
The Mayor and Council Members of the City of Dawsonville, Georgia will hold the First Reading associated with a newly proposed Amendment to the Dawsonville, Georgia City Charter at 6:00 p.m. on March 18, 2002. The newly proposed amendment would change the regularly scheduled meeting from the third Monday of each month at 6:00 p.m. to 6:30 p.m. on the first Monday of each month as well as the third Monday of each month. Further, the amendment would provide that, prior to the beginning of each regularly scheduled council meeting, a work session would begin at 6:00 p.m. on each Monday and would last 30 minutes and then be followed by going into the regularly scheduled meeting of council. Mayor and Members of Council will hold the Public Hearing at 6:00 p.m., April 1, 2002, and will hold the Second Reading of the proposed amendment on Monday, April 15, 2002, at 6:00 p.m. The public is invited to attend.
A copy of the proposed amendment is on file in the office of the City Clerk and in the office of the Dawson County Clerk of Superior Court for purposes of examination and inspection by the public.
This 7th day of March, 2002.
Mayor & Members Dawsonville, Georgia City Council
AFFIDAVIT OF PUBLICATION
STATE OF GEORGIA COUNTY OF DAWSON
Before me, the undersigned a Notary Public, this day came Rainer Arnold, who being duly sworn, according to law, says he is the Editor of the DAWSON COMMUNITY NEWS, the official newspaper in which the Sheriffs

4796_______MUNICIPAL HOME RULE ORDINANCES_________
advertisements in and for said County are published, and a newspaper of general circulation and that a NOTICE OF PUBLICATION RE: City Meeting - Mar. 18, Apr. 1 & 15 change of meeting dates was published 3 times on the dates of March 13, 20, 27, 2002. (Ref. DL 598)
s/ RAINER ARNOLD_____ RAINER ARNOLD, EDITOR
Subscribed and sworn to before me this 27th day of March, 2002.
s/ SARA H. KNOX_____ NOTARY PUBLIC [Seal]
Notary Public, Dawson County, Georgia My Commission Expires Nov. 27, 2005
NOTICE OF PUBLIC HEARING
The Mayor and Council Members of the City of Dawsonville, Georgia will hold the First Reading associated with a newly proposed Amendment to the Dawsonville, Georgia City Charter at 6:00 p.m. on March 18, 2002. The newly proposed amendment would change the regularly scheduled meeting from the third Monday of each month at 6:00 p.m. to 6:30 p.m. on the first Monday of each month as well as the third Monday of each month. Further, the amendment would provide that, prior to the beginning of each regularly scheduled council meeting, a work session would begin at 6:00 p.m. on each Monday and would last 30 minutes and then be followed by going into the regularly scheduled meeting of council. Mayor and Members of Council will hold the Public Hearing at 6:00 p.m., April 1, 2002, and will hold the Second Reading of the proposed amendment on Monday, April 15, 2002, at 6:00 p.m. The public is invited to attend.
A copy of the proposed amendment is on file in the office of the City Clerk and in the office of the Dawson County Clerk of Superior Court for purposes of examination and inspection by the public.
This 7th day of March, 2002.
Mayor & Members Dawsonville, Georgia City Council
DL598,3/13,3/20, 3/27
Filed in the Office of the Secretary of State May 13, 2002.

_____________GEORGIA LAWS 2003 SESSION__________4797
CITY OF COLLEGE PARK - SOLID WASTE DISPOSAL.
STATE OF GEORGIA CITY OF COLLEGE PARK
ORDINANCE NO. 2002-19
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF COLLEGE PARK, GEORGIA, ARTICLE II GENERAL POWERS SO AS TO AUTHORIZE THE CITY TO COLLECT AND DISPOSE OF SOLID WASTE; TO PROVIDE FOR CODIFICATION; TO PROVIDE SEVERABILITY; TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN ADOPTION AND 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 of the City of College Park, Georgia in regards to the City's power to collect and dispose of solid waste; 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 2-2 of the Charter of the City of College Park, Georgia is hereby amended to read as follows:
"Section 2-2. Cleanliness, safety ofproperty; assessments, penalties.
The Mayor and Council ofthe City ofCollege Park shall have the authority and power, in the interest of health, sanitation and the public safety and welfare to providefor the clearing, cleaning offand making and keeping sanitary and/orfree from fire or other hazard, any and all real property, either vacant or improved, within the corporate limits ofthe City ofCollege Park; to providefor the removal from such property ofall debris, grass, weeds or other growth, or other unsanitary or combustible matter or materials; to take all necessary and proper means for keeping the corporate limits of the City free from garbage, trash and filth of all kinds; and to providefor the height and trimming ofhedges, shrubbery and other growth; to fix and impose penalties upon owners and occupants ofproperty in respect ofsuch requirements; to providefor the performance ofsuch services by

4798_______MUNICIPAL HOME RULE ORDINANCES_________
the City andfor the assessment and collection ofcharges therefor;for the creation and assessment ofliens againstproperty and the owners and occupants thereofso served andfor the collection and enforcement ofsuch liens."
Section 2. The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set out herein.
Section 3. This Ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City of College Park.
Section 4. (a) It is hereby declared to be the intention of the 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 of this 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, unconstitutionally 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 5. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.
Section 6. The effective date of this Ordinance shall be the date of adoption unless otherwise specified herein.
ORDAINED this 20 day of May, 2002.

__________GEORGIA LAWS 2003 SESSION__________4799

CITY OF COLLEGE PARK, GEORGIA

ATTEST:

s/JACK P. LONGING_______ JACK P. LONGING, Mayor

s/ HARRIETTE F. HANKINSON LAKEITHA REEVES, City Clerk HARRIETTE F. HANKINSON, Deputy City Clerk APPROVED AS TO FORM:

s/ STEVEN M. FINCHER______ STEVEN M. FINCHER, City Attorney

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 1st day(s) of May 2002, and on the ___ days of ___, 20_, as provided by law.

s/ R. TERRY SMITH_______

Subscribed and sworn to before me this 17th day of June, 2002

s/ DEBRA C. ADAMSON______ Notary Public
My commission expires Aug 21 2004

[SEAL]

PUBLIC NOTICE

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 6 day of May 2002, and the 20th day of May 2002, at the Council Chambers, shall consider and adopt an amendment to the Charter of the City of College Park, Georgia to revise the City's authority to collect and dispose of solid waste, and for other lawful purposes.

4800_______MUNICIPAL HOME RULE ORDINANCES__________
Copies of the proposed ordinance are at City Hall and the offices of the Clerks of the Superior Courts of Fulton and Clayton County and may be reviewed by any person during normal business hours.
The City of College Park Lakeima Reeves, City Clerk
Filed in the Office of the Secretary of State May 24, 2002.
CITY OF DAWSONVILLE - CITY COUNCIL; COMPENSATION.
AN ORDINANCE TO MODIFY THOSE PROVISIONS OF THE CITY CHARTER OF DAWSONVILLE, GEORGIA RELATING TO SALARIES AND COMPENSATION TO BE PAID TO COUNCIL MEMBERS. TO PROVIDE AN EFFECTIVE DATE FOR THE ORDINANCE; AND FOR OTHER PURPOSES.
WHEREAS, during April, 1996, an act was passed in the Georgia Legislature providing a new Charter for the City of Dawsonville and for other purposes; and
WHEREAS, the City Charter established that the Mayor would be compensated at the rate of $400 per month and that each Council Member would receive $100 per month during their respective term of office; and
WHEREAS, due to an increasing work load being placed upon Mayor and Council Members, which included but was not limited to attending at least one Specially Called Council meeting per month, Council Members previously amended the City Charter pursuant to the Home Rule Powers contained under O.C.G.A.36-35-4 to include compensation for these additional job related functions in August, 1999; and
WHEREAS, Members of Council are again desirous of reasonably increasing the salaries of Members of Council to provide adequate compensation for their time and efforts; and
WHEREAS, City Council has complied with the requirements of O.C.G.A. 36-35-4(a)(2) and O.C.G.A. 36-35-4(a)(3); and consequently
THE COUNCIL OF THE CITY OF DAWSONVILLE, GEORGIA HEREBY ORDAINS AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS:

____________GEORGIA LAWS 2003 SESSION__________4801
(a) Section 2.13 entitled "Compensation & Expenses" of the City Charter of Dawsonville, Georgia shall be amended along with previous Ordinance dated August 16, 1999, to provide increased compensation to the Mayor and Council Members. Specifically, the monthly compensation for Mayor shall remain at $600.00 per month, and the monthly compensation for Council Members shall be increased to the sum of $300.00 per month. In addition to the above-mentioned monthly monies, salary for Mayor and Council Members attending Work Sessions or Specially Called City Council Meeting shall remain at the rate of $62.50 for each for each session or specially called meeting.
(b) All other provisions as contained in the City Charter for the City of Dawsonville, Georgia which are not modified by this Ordinance shall remain in full force and effect.
(c) A copy of this Charter Amendment along with all other required documents shall be provided to the Secretary of State in accordance with O.C.G.A. 36-35-5.
(d) Pursuant to O.C.G.A. 36-35-4(a)(l), this Ordinance shall not become effective until after the taking of office of those elected at the next regular municipal election which is held immediately following the date on which this Ordinance is passed.
SO ADOPTED by the City Council of Dawsonville, Georgia this 20th day of May, 2002.
CITY OF DAWSONVILLE
BY: s/ G. L. GILLELAND________ Mayor, City of Dawsonville
s/ JIMMY S. MOORE_______ Council Member
s/ TIMOTHY ROLAND WIMPEY Council Member
s/AUSTIN L. CRAFT_______ Council Member

s/ DEBORAH PHILLIPS Attested to by City Clerk

Council Member

4802_______MUNICIPAL HOME RULE ORDINANCES__________
AFFIDAVIT OF PUBLICATION
STATE OF GEORGIA COUNTY OF DAWSON
Before me, the undersigned a Notary Public, this day came Rainer Arnold, who being duly sworn, according to law, says he is the Editor of the DAWSON COMMUNITY NEWS, the official newspaper in which the Sheriffs advertisements in and for said County are published, and a newspaper of general circulation and that a NOTICE OF PUBLICATION RE: City Meeting - Pay Compensation was published 3 times on the dates of Mar. 13, 20 and 27, 2002. (Ref. DL597)
s/ RAINER ARNOLD______ RAINER ARNOLD, EDITOR
Subscribed and sworn to before me this 27th day of March, 2002.
s/ SARA H. KNOX_______ NOTARY PUBLIC, DAWSON COUNTY, GEORGIA My Commission Expires November 27, 2005.
NOTICE OF PUBLIC HEARING
The mayor and Council Members of the City of Dawsonville, Georgia will hold the First Reading associated with a newly proposed Amendment to the Dawsonville, Georgia City Charter at 6:00 p.m. on March 18, 2002. The newly proposed amendment would change the rate of pay compensation to be paid to members of council. The Mayor and Members of Council will hold the Public Meeting associated with this proposed amendment at 6:00 p.m. on April 1, 2002, and will hold the Second Reading of the proposed amendment at the regularly scheduled meeting on Monday, April 15, 2002, at 6:00 p.m. The public is invited to attend. A copy of the proposed amendment is on file in the office of the City Clerk and in the office of the Dawson County Clerk of Superior Court for purposes of examination and inspection by the public.
This 7th day of March, 2002.
Mayor and Members of Dawsonville, Georgia City Council DL597, 3/13, 3/20, 3/27
Filed in the Office of the Secretary of State May 28, 2002.

_____________GEORGIA LAWS 2003 SESSION__________4803
CITY OF JESUP - DISPOSITION OF CITY-OWNED PROPERTY.
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF JESUP SO AS TO CHANGE THE METHOD OF DISPOSITION OF PROPERTY OWNED BY THE CITY
AND FOR OTHER PURPOSES
WHEREAS: Article IX Section II Paragraph II of the Constitution of Georgia entitled Home Rule for Municipalities reads as follows:
"The General Assembly may provide by law for the self-government of municipalities and to that end is expressly given the authority to delegate its power so that matters pertaining to municipalities may be dealt with without the necessity of action by the General Assembly"; and
WHEREAS: O.C.G.A 36-35-3. entitled Adoption of ordinances, rules, and regulations; amendment of charters and amendment or repeal of ordinances, rules, and regulations by petition and referendum, provides in part as follows, "a municipal corporation may, as an incident of its home rule power, amend its charter by following ... the following procedures:
(1) Municipal charters may be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority, not less than seven nor more than 60 days apart. A notice containing a synopsis of the proposed amendment shall be published in the official organ of the county of the legal situs of the municipal corporation or in a newspaper of general circulation in the municipal corporation once a week for three weeks within a period of 60 days immediately preceding its final adoption. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority and in the office of the clerk of the superior court of the county of the legal situs of the municipal corporation for the purpose of examination and inspection by the public. The recording officer of the municipal governing authority shall furnish anyone, upon written request, a copy of the proposed amendment. No amendment under this paragraph shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in paragraph (2) of this subsection or to change or repeal a local Act of the General Assembly ratified in a referendum as provided in paragraph (2) of this subsection or to change or repeal a local Act of the General Assembly ratified in a referendum by the electors of the municipal corporation unless at least 12 months have elapsed after such referendums. No amendment under this paragraph shall be valid if provision has been made therefor by general law"; and
WHEREAS Section 42 of the Charter for the City of Jesup is as follows:

4804_______MUNICIPAL HOME RULE ORDINANCES__________
"No property belonging to the city, having a value of ten thousand dollars ($10,000.00) or over, as shall be determined and appraised by the Wayne County tax Appraisers and Assessors, shall be sold until after the qualified voters of said city shall have ratified the sale thereof at an election held for that purpose. The board of commissioners, when in their opinion it would be in the best interest of the city to sell any property belonging to said city when the value is ten thousand dollars (10,000.00) or more, determined a s a bove provided, shall by proper resolution call an election on the question of selling such property, setting out therein a full description of the property to be sold, when it is proposed to be sold, and for what purposes. The election shall be held in the same manner as a special election and in accordance with the Georgia Municipal Election Code. The ballots shall have written or printed thereon the terms, "For the sale of City Property," to be left on said ballots by those wishing to vote in favor of sale and "Against the sale of City Property," to be left on said ballots by those wishing to vote against the sale. These provisions shall not apply to tax sales.
Provided, however, that this section does not apply and shall not apply to lands in said City of Jesup identified on the Official Map thereof as Lots Numbers 174, 175, 182, and 183, and that each and all or any part of said lots may be sold, and any contract of sale in relation thereto may be consummated, without the necessity of an election;" and
WHEREAS Chapter 9 Article HI of the Code of Ordinances, City of Jesup, Georgia entitled Sale of City Property containing Sections 9-47,9-48,9-49, and 9-50 were adopted pursuant to and in purported conformity with Section 42 of the Charter for the City of Jesup to carry out the charter section's mandate, and
WHEREAS O.C.G.A. 36-37-6. entitled Disposition of Municipal Property Generally provides a simple and efficient procedure for the disposal of real and personal property. O.C.G.A. 36-37-6. Disposition ofmunicipal property generally, provides as follows:
"(a) Except as otherwise provided in subsections (b) through (i) of this Code section, the governing authority of any municipal corporation disposing of any real or personal property of such municipal corporation shall make all such sales to the highest responsible bidder, either by sealed bids or by auction after due notice has been given. Any such municipal corporation shall have the right to reject any and all bids or to cancel any proposed sale. The governing authority of the municipal corporation shall cause notice to be published once in the official legal organ of the county in which the municipality is located or in a newspaper of general circulation in the community, not less than 15 days nor more than 60 days preceding the day of the auction or, if the sale is by sealed bids, preceding the last day for the receipt of proposals. The legal notice shall include a general description of the property to be sold if the property is personal property or a legal description of the property to

____________GEORGIA LAWS 2003 SESSION__________4805
be sold if the property is real property. If the sale is by sealed bids, the notice shall also contain an invitation for proposals and shall state the conditions of the proposed sale, the address at which bid blanks and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of bids. If the sale is by auction, the notice shall also contain the conditions of the proposed sale and shall state the date, time, and place of the proposed sale. Bids received in connection with a sale by sealed bidding shall be opened in public at the time and place stated in the legal notice. A tabulation of all bids received shall be available for public inspection following the opening of all bids. All such bids shall be retained and kept available for public inspection for a period of not less than 60 days from the date on which such bids are opened. The provisions of this subsection shall not apply to any transactions authorized in subsections (b) through (i) of this Code section.
(b) The governing authority of any municipal corporation is authorized to sell personal property belonging to the municipal corporation which has an estimated value of $500.00 or less and lots from any municipal cemetery, regardless of value, without regard to subsection (a) of this Code section. Such sales may be made in the open market without advertisement and without the acceptance of bids. The estimation of the value of any such personal property to be sold shall be in the sole and absolute discretion ofthe governing authorities ofthe municipal corporation or their designated agent.
(c) Nothing in this Code section shall prevent a municipal corporation from trading or exchanging real property belonging to the municipal corporation for other real property where the property so acquired by exchange shall be of equal or greater value than the property previously belonging to the municipal corporation; provided, however, that within six weeks preceding the closing of any such proposed exchange of real property, a notice of the proposed exchange of real property shall be published in the official organ of the municipal corporation once a week for four weeks. The value of both the property belonging to the municipal corporation and that to be acquired through the exchange shall be determined by appraisals and the value so determined shall be approved by the proper authorities of said municipal corporation.
(d) The governing authority of any municipal corporation is authorized to sell real property in established municipal industrial parks or in municipally designated industrial development areas for industrial development purposes without regard to subsection (a) or (b) of this Code section.
(e) (1) This Code section shall not apply to any municipal corporation which has a municipal charter provision setting forth procedures for the sale of municipal property and existing as of January 1, 1976, so long as such charter provision

4806_______MUNICIPAL HOME RULE ORDINANCES__________
thereafter remains unchanged and as long as such charter provision contains the minimum notice requirements as set forth in subsection (a) of this Code section.
(2) This Code section shall not apply to the disposal of property:
(A) Which is acquired by deed of gift, will, or donation and is subject to such conditions as may be specified in the instrument giving or donating the property;
(B) Which is received from the United States government or from this state pursuant to a program which imposes conditions on the disposal of such property;
(C) Which is disposed of pursuant to the powers granted in Chapter 61 of this title, the "Urban Redevelopment Law," or a homesteading program;
(D) Which is sold or transferred to another governing authority or government agency for public purposes; or
(E) Which is no longer needed for public road purposes and which is disposed of pursuant to Code Section 32-7-4.
(f) Notwithstanding any provision of this Code section or of any other law or any ordinance to the contrary, the governing authority of any municipal corporation is authorized to sell real property within its corporate limits for museum purposes to either a public authority or a nonprofit corporation which is classified as a public foundation (not a private foundation) under the United States Internal Revenue Code, for the purpose of building, erecting, and operating thereon a museum or facility for the development or practice of the arts. Such sale may be made in the open market or by direct negotiations without advertisement and without the acceptance of bids. The estimation of the value of any property to be sold shall be in the sole and absolute discretion of the governing authority of the municipality or its designated agent; provided, however, that nothing shall prevent a municipality from trading or swapping property with another property owner if such trade or swap is deemed to be in the best interest of the municipality.
(g) Notwithstanding any provision of this Code section or of any other law or ordinance to the contrary, the governing authority of any municipal corporation is authorized to sell and convey parcels of narrow strips of land, so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development ordinances, or as streets, whether owned in fee or used by easement, to abutting property owners where such sales and conveyances facilitate the enjoyment of the highest and best use of the abutting owner's property without first submitting the sale or conveyance to the process of an auction or the solicitation of sealed bids; provided, however, that each abutting property owner shall be notified of the availability of the property and shall have

_____________GEORGIA LAWS 2003 SESSION__________4807
the opportunity to purchase said property under such terms and conditions as set out by ordinance.
(h) Notwithstanding any provision of this Code section to the contrary or any other provision of law or ordinance to the contrary, whenever any municipal corporation determines that the establishment of a facility of the state or one of its authorities or other instrumentalities or of a bona fide nonprofit resource conservation and development council would be of benefit to the municipal corporation, by way of providing activities in an area in need of redevelopment, by continuing or enhancing local employment opportunities, or by other means or in other ways, such municipal corporation may sell or grant any of its real or personal property to the state or to .any of its authorities or instrumentalities or to a bona fide nonprofit resource conservation and development council and, further, may sell or grant such lesser interests, rental agreements, licenses, easements, and other dispositions as it may determine necessary or convenient. These powers shall be cumulative of other powers and shall not be deemed to limit their exercise in any way.
(1) (1) As used in this subsection, the term "lake" means an impoundment of water in which at least 1,000 acres of land were to be submerged.
(2) Notwithstanding any provision of this Code section or any other law to the contrary, whenever any municipality has acquired property for the creation or development of a lake, including but not limited to property the acquisition of which was reasonably necessary or incidental to the creation or development of that lake, and the governing authority of such municipality thereafter determines that all or any part of the property or any interest therein is no longer needed for such purposes because of changed conditions, that municipality is authorized to dispose of such property or interest therein as provided in this subsection.
(3) In disposing of property, as authorized under this subsection, the municipality shall notify the owner of such property at the time of its acquisition or, if the tract from which the municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the municipality acquired its property. The notice shall be in writing delivered to the appropriate owner or by publication if such owner's address is unknown; and such owner shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the municipality where the property is located.
(4) When an entire parcel acquired by the municipality or any interest therein is being disposed of, it may be acquired under the right created in paragraph (3) of this subsection at such price as may be agreed upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition

4808_______MUNICIPAL HOME RULE ORDINANCES__________
are being disposed of, they may be acquired for the market value thereof at the time the municipality decides the property is no longer needed.
(5) If the right of acquisition is not exercised within 60 days after due notice, the municipality shall proceed to sell such property as provided in subsection (a) of this Code section. The municipality shall thereupon have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale;" and
WHEREAS disposition of real property owned by the City of Jesup under the provisions of Section 42 of the Charter for the City of Jesup and Chapter 9 Article III of the Code of Ordinances, City of Jesup, Georgia are cumbersome, expensive and time consuming and it is in the best interest of the City of Jesup and it's citizens to repeal Section 42 of the Charter, and adopt the method enacted by the legislature as O. C. G. A. 36-37-6
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS FOR THE CITY OF JESUP that by virtue of the Home Rule provisions ofthe Constitution ofGeorgia and the provisions contained in Title 36 of the Official Code of Georgia Annotated that the Charter for the City of Jesup be and is hereby amended by striking Section 42 of the Charter for the City of Jesup and Chapter 9 Article III of the Code of Ordinances, City of Jesup, Georgia in their entirety and adopts the provisions of O.C. G. A 36-37-6. entitled Disposition ofMunicipal Property Generally as the method ofdisposing of real and personal property for the City of Jesup.
BE IT FURTHER ORDAINED that this ordinances come up to be considered for adoption a second time at the next regular meeting to be held on the 21 day of May, 2002 and a notice containing a synopsis of the proposed amendment shall be published in the Press-Sentinel the official organ of Wayne County once a week for three weeks within a period prior to the next regular meeting stating that a copy of the proposed amendment is on file in the office of the clerk of the City of Jesup and in the office of the clerk of the Wayne Superior Court for the purpose of examination and inspection by the public. The city clerk shall furnish anyone, upon written request, a copy of the proposed amendment.
BE IT FURTHER ORDAINED that should any provision of this amendment or part thereof be declared invalid or unconstitutional by any Court of competent of jurisdiction, such declaration shall not affect the validity of the ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
BE IT FURTHER ORDAINED, that all ordinances or parts of ordinances in conflict herewith are hereby repealed.

GEORGIA LAWS 2003 SESSION

4809

SO ORDAINED, this 21 day of May, 2002.

s/HERB SHAW MAYOR

s/ GERALD DEWITT COMMISSIONER

s/ JAMES E. JOHNSON COMMISSIONER

s/ RICKY A. REDDISH, SR. COMMISSIONER

s/ TIM COCKFIELD____ COMMISSIONER

s/ BOBBY TOWNSEND COMMISSIONER

ATTEST:

s/ RAYMOND HOUSE II COMMISSIONER

s/ ONDA C. WOODARD CITY CLERK

NOTICE

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF JESUP SO AS TO CHANGE THE METHOD OF DISPOSITION OF PROPERTY OWNED BY THE CITY AND FOR OTHER PURPOSES

Notice is hereby given that an amendment to the Charter for the City of Jesup will be considered for final adoption at the regular meeting of the Jesup City Commission on May 21,2002. Said meeting shall begin promptly at 7:00 P.M. on said date.

The present ordinances provide that in the event that the City of Jesup through the Jesup City Commission desires to sell real or personal property with an appraised value ofin excess of$2500 a special election must be called to determine whether or not the property may be sold. The Charter contains a like provision except that the value that triggers a special election os $10,000. There is a discrepancy between the ordinance and the charter as to amount and the cost of

4810_______MUNICIPAL HOME RULE ORDINANCES________
holding a special election for that purpose is not cost effective. Title 36-37-6 ofthe Official Code of Georgia Annotated entitled Disposition of Municipal Property provides a simple and cost effective way to sell and dispose of municipal property. The charter amendment repeals the provisions in the ordinance and charter which require a special election in order to gain approval for the disposition of municipal property and allows the City of Jesup to dispose of property according to O.C.G.A. 36-37-6, which provides in part that it be disposed of by sealed bid or public auction upon causing notice to be published once in the official legal organ of the county in which the municipality is located or in a newspaper ofgeneral circulation in the community, not less than 15 days nor more than 60 days preceding the day of the auction or, if the sale is by sealed bids, preceding the last day for the receipt of proposals.
This the 21 day of May, 2002.
s/ QNDA COLE WOODARD Onda Woodward Jesup City Clerk
STATE OF GEORGIA COUNTY OF WAYNE
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared Julie C. Roberson, who being first duly sworn, deposes and says: that he (she) is Legal Clerk (Owner, partner, publisher, or other office or employee authorized to make this affidavit) of The Press-Sentinel a newspaper published, issued, and entered as second class mail in the City of Jesup in said County and State; the he (she) is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in The Press-Sentinel on the following dates: May 8, 12, 15, 19, 2002 and that the said newspaper in which such notice, paper, document, or legal advertisement was published, was at the time of each and every such publication, a newspaper of General Circulation in Jesup, Wayne County, Georgia.
This 31st day of May, 2002.
s/ JULIE C. ROBERSON_______ (Signature of person making affidavit)

____________GEORGIA LAWS 2003 SESSION__________4811
Sworn to and subscribed before me, this 31st day of May, 2002.
s/ LYNN RICE_____________ Notary Public
My Commission Expires September 29, 2003
Filed in the Office of the Secretary of State May 28, 2002.
CITY OF MCRAE - DATE OF ADMINISTRATION OF OATH OF OFFICE.
ORDINANCE AMENDING THE CITY CHARTER BY ESTABLISHING NEW DATE
FOR ADMINISTRATION OF OATH OF OFFICE
ORDINANCE NUMBER 065-02
AN ORDINANCE BY THE CITY COUNCIL, OF THE CITY OF MCRAE
TO AMEND THE CORPORATE CHARTER TO PROVIDE FOR THE ADMINISTRATION OF THE OATH OF OFFICE OF OFFICIALS ON THE DATE PROVIDED THEREFOR IN O.C.G.A. 21-2-541.1
THE COUNCIL OF THE CITY OF MCRAE HEREBY ORDAINS THAT:
WHEREAS, the Mayor and City Council have determined that it is in the best interests of and consistent with the convenience and needs of the City to change the date for the administration of oath of office to City officials from January 1st to a regular business day; and
WHEREAS, the State of Georgia has defined the date for swearing public officials, in the absence of contrary direction in the City charter as the date of the first organizational meeting of the year, as per O.C.G.A. 21-2-541-1; and
WHEREAS, the City has the authority to amend its charter, pursuant to O.C.G.A. 36-35-3; and
WHEREAS, the City desires to adopt the date set forth in O.C.G.A. 21 -2-541.1 as the date for administration of the oath of office to its City officials

4812_______MUNICIPAL HOME RULE ORDINANCES_________
NOW, THEREFORE BE IT RESOLVED THAT:
The Ordinances of the City of McRae are hereby amended by creating a Ordinance, entitled "Ordinance Establishing Date for Administration of Oath of Office," which shall hereafter read as follows:
Article 1 DEFINITIONS
For purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meanings set forth in this Section, unless the context clearly indicates that another meaning is intended. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number.
"City" mean the City of McRae.
"City Council" means the City Council of the City and its designee or any successor thereto.
"Close of the Election" means at the conclusion of the latter of: (a) the special election; (b) any run-off; or (c) the conclusion of any election contest.
"First Organizational Meeting" means the first regular City Council meeting of the year following the election.
"Ordinance" means this Ordinance, whether after its first approval, or after its final approval, together with all modifications and amendments thereto.
Article 2
ADOPTION OF DATE ESTABLISHED BY THE STATE LEGISLATURE FOR ADMINISTRATION OF OATH OF OFFICE TO CITY OFFICIALS AND ESTABLISHMENT OF DATE FOR ADMINISTRATION OF OATH OF OFFICE TO OFFICIALS ELECTED BY SPECIAL ELECTION
The City officials elected at a regular election shall henceforth receive the oath of office at the first City Council Meeting of the year following the election. City officials elected at a special election shall henceforth receive the oath of office at the first City Council Meeting following the close of the election.

____________GEORGIA LAWS 2003 SESSION__________4813
Article 3
OFFICIAL AMENDMENT OF THE CITY CHARTER
Section 3.1 Amendment of City Charter
Inasmuch as the above ordinance is an amendment of the City Charter, and may be accomplished only by compliance with O.C.G.A. 36-35-3, it is hereby further ordained that the City shall comply with the requirements of said code section. This ordinance shall not be final until the following requirements, along with any additional requirements or O.C.G.A. 36-35-3 shall be met.
Section 3.2 Ordinance to be Adopted at Two Consecutive Regular Meetings
Consistent with applicable law, the City Council shall duly adopt this ordinance at two regular consecutive meetings of the City Council, not less than seven nor more than 60 days apart.
Section 3.3 Notice to be Published
Consistent with applicable law, the City Clerk shall cause to be published in the county organ a notice containing a synopsis of this ordinance, and stating that a copy of this proposed ordinance is on file with the City Clerk at City Hall for examination and inspection by the public. This notice shall be published once a week for three weeks within a period of not more than 60 days immediately preceding the final adoption of the ordinance.
Section 3.4 Copy of Ordinance Available
The Clerk shall furnish to anyone upon receipt of written request, a copy of this proposed amendment.
Section 3.5 Notice to be Provided to Secretary of State
Inasmuch as O.C.G.A. 36-35-5 requires that a copy of the Amendment ordinance, together with a copy of the published notice and an affidavit of the publisher of the newspaper, reciting compliance with O.C.G.A. 36-35-3, be provided to the Secretary of State prior to the ordinance becoming effective, the Clerk is directed to provide these items to the Secretary of State immediately upon final passage of the ordinance.

4814_______MUNICIPAL HOME RULE ORDINANCES_________
Section 3.6 Matters in Conflict with this Ordinance
All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 3.7 Effective Date
This Ordinance shall become effective immediately upon the filing of the copies with the Secretary of State, as recited in Section 3.5 herein, subsequent to the final passage of this ordinance, pursuant to O.C.G.A. 36-35-3.
1. PASSED AND APPROVED this 2nd day of April, 2002.
s/ PETE WHITE______ Mayor, City of McRae
Attest:
s/ BRENDA S. CLARK City Clerk
2. PASSED AND APPROVED this 7th day of May, 2002.
s/ PETE WHITE_____ Mayor, City of McRae
Attest:
s/ BRENDA S. CLARK City Clerk
CERTIFICATE OF PUBLICATION
I, the Editor or Manager of the Legal Advertisement Section of the Telfair Enterprise, the Official organ of Telfair County, Georgia, say:
Said newspaper is of general circulation in said County and in the adjacent thereto and is the newspaper designated and customarily used by the Sheriff of Telfair County, Georgia, for publication of advertisements and by other officials and official bodies of and in said County for the publication of notices required by law;

____________GEORGIA LAWS 2003 SESSION__________4815
I have reviewed the regular editions of the Telfair Enterprise published on April 10, 2002, April 17, 2002, and April 24, 2002, and find that the following advertisement, to-wit:
PUBLIC NOTICE OF ORDINANCE AMENDING THE CHARTER
OF THE CITY OF MCRAE BY ESTABLISHING NEW DATE FOR ADMINISTRATION OF OATH OF OFFICE
WHEREAS, the Mayor and City Council have determined that it is in the best interests ofand consistent with the convenience and needs ofthe City to change the date for the administration of oath of office to City officials from January 1st to a regular business day; and
WHEREAS, the City has the authority to amend its charter, pursuant to O.C.G. A. 36-35-3,
The City Council Of The City Of McRae has begun the process to amend the City Charter to establish new dates for the administration of oaths of office for City officials, such dates to be as follows:
The City officials elected at a regular election shall henceforth receive the oath of office at the first City Council Meeting of the year following the election. City officials elected at a special election shall henceforth receive the oath of office at the first City Council Meeting following the close of the election.
This ordinance was enacted on April 2, 2002, at a regular meeting and shall become final upon: (1) the adoption by City Council of this ordinance at a second consecutive meeting of the City Council, being the first Tuesday in May, 2002, at 5:00 P.M., at Council Chambers, City Hall; (2) publication ofthis notice as required by law; and (3) provision, upon the passage of this ordinance the second time, of a copy of the amendment ordinance, together with other documents required by O.C.G.A. 36-35-5, to the Office of Secretary of State.
This ordinance is on file at City Hall, 301 S. 1st Avenue, McRae, Georgia, The Clerk shall furnish to anyone, upon receipt of written request, a copy of this ordinance.
has appeared in each said edition.

4816_______MUNICIPAL HOME RULE ORDINANCES
Signed under the pains and penalties of perjury.
s/ DONNA J. BELL EDITOR/MANAGER (office manager) TELFAIR ENTERPRISE
s/ JUDY H. MARCHANT_____ Notary Public, Telfair County, Georgia My Commission Expires October 14, 2005
Filed in the Office of the Secretary of State June 3, 2002.
CITY OF MCRAE - REAPPORTIONMENT.
ORDINANCE NO. 066-02
ORDINANCE AMENDING THE CITY CHARTER BY ESTABLISHING NEW DISTRICT
OR WARD LINES FOR THE CITY OF MCRAE
TO EFFECTUATE THE PASSAGE OF AN ORDINANCE BY THE CITY COUNCIL
OF THE CITY OF MCRAE TO AMEND THE CORPORATE CHARTER TO PROVIDE FOR THE ESTABLISHMENT OF NEW DISTRICT OR WARD LINES WITHIN THE CITY OF MCRAE
THE COUNCIL OF THE CITY OF MCRAE HEREBY ORDAINS THAT:
WHEREAS, the Mayor and City Council have determined that the 2000 census has revealed population shifts within the City of McRae and believe that it is in the best interests of its citizens to reapportion the voting districts or wards within the City; and
WHEREAS, the State of Georgia has established that adjustment of existing district lines may be accomplished pursuant to the Home Rule provisions of the Georgia Code, all as set forth in O.C.G.A. 36-35-4.1; and
WHEREAS, the City has the authority to make this change upon compliance with the terms of O.C.G.A. 36-35-3 and 36-35-5; and

____________GEORGIA LAWS 2003 SESSION__________4817
WHEREAS, the City has procured two proposed redistricting plans from the State Reapportionment Office for consideration, and having considered the same, have chosen a proposed reapportionment plan.
NOW, THEREFORE BE IT RESOLVED THAT:
The City of McRae shall take action to pass an amendment to The Ordinances and Charter of the City of McRae by creating an Ordinance, entitled "Ordinance Establishing New Voting District Lines Based on the 2000 Census," as follows:
Article 1 DEFINITIONS
For purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meanings set forth in this Section, unless the context clearly indicates that another meaning is intended. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number.
"City" means the City of McRae.
"City Council" means the City Council of the City and its designee or any successor thereto.
"Census" shall mean the census conducted by the United States government for the year 2000.
Article 2 ADOPTION OF PROCEDURE FOR REESTABLISHING WARD
OR VOTING DISTRICT LINES FOR THE CITY OF MCRAE
The procedures to be followed in adopting the reapportionment plan are as follows:
(1) The current population map and the two reapportionment plans/maps provided by the State Reapportionment Office, as well as a copy of the guidelines promulgated herein shall be held on file in City Hall and shall be made available for inspection and copying for citizens making such a request. Fees for copies may be charged at the rate of $0.25 per page.
(2) The Guidelines attached hereto as Exhibit "A" are approved as the appropriate format for published Guidelines controlling the submission and adoption ofany additional proposed reapportionment plans. The Guidelines to be provided for

4818_______MUNICIPAL HOME RULE ORDINANCES__________
public inspection and copying shall substantially conform to the those shown on Exhibit "A".
(3) City Council has voted upon and chosen Proposal # 1 as the reapportionment plan it adopts. Pursuant to O.C.G.A. 36.35.4.1 and O.C.G.A. 36-35-3, this ordinance must be discussed and successfully voted in a second time at the next regular council meeting. (See Paragraph 5, Article 2 of this Ordinance).
(4) The Clerk is hereby directed to cause a notice to be published in the official organ of Telfair County, containing a synopsis of the proposed redistricting plan ordinance, once a week for three weeks within a period of 60 days immediately preceding its final adoption, as set forth in O.C.G.A. 36-35-3. The notice shall state that a copy of the proposed amendment is on file in the office of the City Clerk and in the office of the Clerk of the Superior Court of Telfair County for the purpose of examination and inspection by the public. Further, the Clerk shall furnish to anyone upon receipt of written request, a copy of this proposed amendment, at the same cost as set out hereinabove for copies.
(5) Pursuant to O.C.G.A. 36-35-3, Council shall bring to a vote this ordinance establishing the new district lines a second time at the next regular meeting, inasmuch as this ordinance must be adopted at two regular consecutive meetings of the Council, not less than seven nor more than 60 days apart.
(6) Inasmuch as O.C.G.A. 36-35-5 requires that a copy of the said ordinance, together with a copy of the published notice and an affidavit of the publisher of the newspaper, reciting compliance with the notice requirements of O.C.G.A. 3 6-3 5-3, be provided to the Secretary of State prior to the ordinance becoming effective, the Clerk shall provide these items to the Secretary of State immediately upon final passage of the ordinance.
(7) The redistricting ordinance will then be submitted to the U.S. Department of Justice for preclearance, pursuant to the Voting Rights Act.
Article 3 FORMAT REQUIRED FOR SUBMISSION OF ANY
ADDITIONAL REDISTRICTING PLAN
Any additional reapportionment plans submitted to the City Council for consideration must:
(1) be in writing, clearly legible;

____________GEORGIA LAWS 2003 SESSION__________4819
(2) be accompanied by a clearly depicted map following census geographic boundaries; and
(3) be accompanied by a statistical sheet listing the census geography, including the total population and the minority population for each proposed district.
The said requirements may be combined in one or more documents, so long as all elements are present.
All plans submitted shall be held be the City and shall be made available for inspection by the public during office hours.
Article 4 SUSTANTIVE REQUIREMENTS AND CRITERIA FOR ADDITIONAL PROPOSED REAPPORTIONMENT PLANS
In order to be considered, the plan submitted must meet the following substantive criteria, as established by O.C.G.A. 36-35-4.1 and other provisions of the laws of the State of Georgia:
(1) Each proposed municipal district or ward must be drawn to achieve substantial equality of population among the various wards and may not exceed an overall deviation of 10%;
(2) Each proposed ward must be composed of contiguous territory;
(3) Each boundary of each proposed ward must be the center line of a City street or some other well-defined boundary;
(4) The proposed plan must limit the reapportionment to adjusting boundary lines of existing wards only to the extent reasonably necessary to assure compliance with the one person/one vote requirement of the Constitution of the United States of America; and
(5) The proposed plan may not change the number of wards, the number of members of City Council, or the manner of electing such members, other than is necessarily entailed in changing the district or ward lines.

4820_______MUNICIPAL HOME RULE ORDINANCES_________
Article 5 EFFECTIVE DATE OF THE ORDINANCE
ESTABLISHING PROPOSAL # 1 AS THE REAPPORTIONMENT PLAN OF THE CITY
Proposal #1 shall be reapportionment plan, establishing the new voting district or ward lines immediately upon the adoption of this ordinance for the second time within the statutory period set forth herein and the mailing of a copy thereof, with proof of publication to the office of the Secretary of State.
1. PASSED AND APPROVED this 2nd day of April, 2002.
s/ PETE WHITE_____ Mayor, City of McRae
Attest:
s/ BRENDA S. CLARK City Clerk
2. PASSED AND APPROVED this 7th day of May, 2002.
s/ PETE WHITE______ Mayor, City of McRae
Attest:
s/ BRENDA S. CLARK City Clerk
Exhibit "A"
REAPPORTIONMENT PLAN GUIDELINES FOR THE CITY OF MCRAE
SUBSTANTIVE REOUIRMENTS AND CRITERIA FOR PROPOSED REAPPORTIONMENT PLANS:
In order to be considered, the plan submitted must meet the following substantive criteria:
(1) Each proposed municipal district or ward must be drawn to achieve substantial equality of population among the various wards and may not exceed an overall deviation of 10%;

____________GEORGIA LAWS 2003 SESSION__________4821
(2) Each proposed ward must be composed on contiguous territory;
(3) Each boundary of each proposed ward must be the center line of a City street or some other well-defined boundary;
(4) The proposed plan must limit the reapportionment to adjusting boundary lines of existing wards only to the extent reasonably necessary to assure compliance with the one person/one vote requirement of the Constitution of the United States of America; and
(5) The proposed plan may not change the number of wards, the number of members of City Council, or the manner of electing such members, other than is necessarily entailed in changing the district or ward lines.
FORMAT REQUIRED FOR SUBMISSION OF A REDISTRICTING PLAN
Plans submitted to the City Council for consideration must:
(1) be in writing;
(2) be accompanied by a clearly depicted map following census geographic boundaries;
(3) be accompanied by a statistical sheet listing the census geography, including the total population and the minority population for each proposed district;
The said requirements may be combined in one or more documents, so long as all elements are present.
PROCEDURE FOR SUBMISSION AND FOR ADOPTION OF PROPOSED REDISTRICTING PLANS:
The procedures to be followed in adopting a reapportionment plan shall be as follows:
(1) The two reapportionment plans provided by the State Reapportionment Office as well as a copy of these guidelines shall be held on file in City Hall and shall be made available for inspection and copying for citizens making the request. Fees for copies may be charged at the rate of $0.25 per page.
(2) City Council shall vote upon and announce which proposed plan it intends to adopt. This would constitute the first of the two required adoptions of the redistricting plan, pursuant to O.C.G. A. 36-35-4.1 and O.C.G. A. 36-35-3. (See Paragraph 4, of this Section).

4822_______MUNICIPAL HOME RULE ORDINANCES__________
(3) Council shall then cause a notice to be published in the official organ of Telfair County, containing a synopsis of the proposed amendment, once a week for three weeks within a period of 60 days immediately preceding its final adoption. The notice shall state that a copy of the proposed amendment is on file in the office of the City Clerk and in the office of the Clerk of the Superior Court of Telfair County for the purpose of examination and inspection by the public.
(4) Council shall bring to a vote a proposed ordinance establishing the new district lines. Any such ordinance must be adopted at two regular consecutive meetings of the Council, not less than seven nor more than 60 days apart.
(5) Pursuant to law, a copy of the Amendment ordinance, together with a copy of the published notice and an affidavit of the publisher of the newspaper, reciting compliance with the notice requirements of O.C.G.A. 36-35-3, shall be provided to the Secretary of State.
All plans submitted shall be held by the City and shall be made available for inspection by the public, under the same terms and circumstances as the redistricting plans provided by the State Reapportionment Office.
Resolution No. 068-02
RESOLUTION TO PASS ORDINANCE AMENDING THE CITY CHARTER
BY ESTABLISHING NEW DISTRICT OR WARD LINES FOR THE CITY OF MCRAE
TO EFFECTUATE THE PASSAGE OF AN ORDINANCE BY THE CITY COUNCIL
OF THE CITY OF MCRAE TO AMEND THE CORPORATE CHARTER TO PROVIDE FOR THE ESTABLISHMENT OF NEW DISTRICT OR WARD LINES WITHIN THE CITY OF MCRAE
THE COUNCIL OF THE CITY OF MCRAE HEREBY ORDAINS THAT:
WHEREAS, the Mayor and City Council have determined that the 2000 census has revealed population shifts within the City of McRae and believe that it is in the best interests of its citizens to reapportion the voting districts or wards within the City; and

____________GEORGIA LAWS 2003 SESSION__________4823
WHEREAS, the State of Georgia has established that adjustment of existing district lines may be accomplished pursuant to the Home Rule provisions of the Georgia Code, all as set forth in O.C.G.A. 36-35-4.1; and
WHEREAS, the City has the authority to make this change upon compliance with the terms of O.C.G.A. 36-35-3 and 36-35-5; and
WHEREAS, the City has procured two proposed redistricting plans from the State Reapportionment Office for consideration.
NOW, THEREFORE BE IT RESOLVED THAT:
The City of McRae shall take action to pass an amerldment to The Ordinances and Charter of the City of McRae by creating an Ordinance, entitled "Ordinance Establishing New Voting District Lines Based on the 2000 Census," as follows:
Article 1 DEFINITIONS
For purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meanings set forth in this Section, unless the context clearly indicates that another meaning is intended. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number.
"City" means the City of McRae.
"City Council" means the City Council of the City and its designee or any successor thereto.
"Census" shall mean the census conducted by the United States government for the year 2000.
Article 2 ADOPTION OF PROCEDURE FOR REESTABLISHING WARD
OR VOTING DISTRICT LINES FOR THE CITY OF MCRAE
The procedures to be followed in adopting a reapportionment plan are as follows:
(1) The current population map and the two reapportionment plans/maps provided by the State Reapportionment Office, as well as a copy of the guidelines promulgated herein shall be held on file in City Hall and shall be

4824_______MUNICIPAL HOME RULE ORDINANCES________
made available for inspection and copying for citizens making such a request. Fees for copies may be charged at the rate of $0.25 per page.
(2) The Guidelines attached hereto as Exhibit "A" are approved as the appropriate format for published Guidelines controlling the submission and adoption of any proposed reapportionment plans. The Guidelines to be provided for public inspection and copying shall substantially conform to the those shown on Exhibit "A".
(3) City Council shall vote upon and announce which proposed plan it intends to adopt. This would constitute the first adoption of the two required adoptions of the redistricting plan, pursuant to O.C.G.A. 36-35-4.1 and O.C.G.A. 36-35-3. (See Paragraph 6, Article 2 of this Resolution).
(4) Council shall then cause a notice to be published in the official organ of Telfair County, containing a synopsis of the proposed redistricting plan ordinance, once a week for three weeks within a period of 60 days immediately preceding its final adoption, as set forth in O.C.G.A. 36-35-3. The notice shall state that a copy of the proposed amendment is on file in the office of the City Clerk and in the office of the Clerk of the Superior Court of Telfair County for the purpose of examination and inspection by the public. Further, the Clerk shall furnish to anyone upon receipt of written request, a copy of this proposed amendment, at the same cost as set out hereinabove for copies.
(5) Council shall bring to a vote a proposed ordinance establishing the new district lines. Pursuant to O.C.G.A. 36-35-3, any such ordinance must be adopted at two regular consecutive meetings of the Council, not less than seven nor more than 60 days apart.
(6) Inasmuch as O.C.G.A. 36-35-5 requires that a copy of the said ordinance, together with a copy of the published notice and an affidavit of the publisher of the newspaper, reciting compliance with the notice requirements of O.C.G.A. 36-35-3, be provided to the Secretary of State prior to the ordinance becoming effective, the Clerk shall provide these items to the Secretary of State immediately upon final passage of the ordinance.
(7) The redistricting ordinance will then be submitted to the U.S. Department of Justice for preclearance, pursuant to the Voting Rights Act.
Article 3 FORMAT REQUIRED FOR SUBMISSION OF A REDISTRICTING PLAN
Any alternate plans submitted to the City Council for consideration must:

____________GEORGIA LAWS 2003 SESSION__________4825
(1) be in writing, clearly legible;
(2) be accompanied by a clearly depicted map following census geographic boundaries; and
(3) be accompanied by a statistical sheet listing the census geography, including the total population and the minority population for each proposed district.
The said requirements may be combined in one or more documents, so long as all elements are present.
All plans submitted shall be held be the City and shall be made available for inspection by the public during office hours.
Article 4 SUSTANTIVE REQUIREMENTS AND CRITERIA FOR PROPOSED REAPPORTIONMENT PLANS
In order to be considered, the plan submitted must meet the following substantive criteria, as established by O.C.G. A. 36-35-4.1 and other provisions of the laws of the State of Georgia:
(1) Each proposed municipal district or ward must be drawn to achieve substantial equality of population among the various wards and may not exceed an overall deviation of 10% ;
(2) Each proposed ward must be composed of contiguous territory;
(3) Each boundary of each proposed ward must be the center line of a City street or some other well-defined boundary;
(4) The proposed plan must limit the reapportionment to adjusting boundary lines of existing wards only to the extent reasonably necessary to assure compliance with the one person/one vote requirement of the Constitution of the United States of America; and
(5) The proposed plan may not change the number of wards, the number of members of City Council, or the manner of electing such members, other than is necessarily entailed in changing the district or ward lines.
PASSED AND APPROVED this 2nd day of April, 2002.
s/ PETE WHITE______ Mayor, City of McRae

4826_______MUNICIPAL HOME RULE ORDINANCES_________
Attest:
s/ BRENDA S. CLARK City Clerk
CERTIFICATE OF PUBLICATION
I, the Editor or Manager of the Legal Advertisement Section of the Telfair Enterprise, the Official organ of Telfair County, Georgia, say:
Said newspaper is of general circulation in said County and in the adjacent thereto and is the newspaper designated and customarily used by the Sheriff of Telfair County, Georgia, for publication of advertisements and by other officials and official bodies of and in said County for the publication of notices required by law;
I have reviewed the regular editions of the Telfair Enterprise published on April 10, 2002, April 17, 2002, and April 24, 2002, and find that the following advertisement, to-wit:
PUBLIC NOTICE OF ORDINANCE AMENDING THE CITY CHARTER
BY ESTABLISHING NEW DISTRICT OR WARD LINES FOR THE CITY OF MCRAE
WHEREAS, the Mayor and City Council have determined that the 2000 census has revealed population shifts within the City of McRae and believe that it is in the best interests of its citizens to reapportion the voting districts or wards within the City; and
WHEREAS, the State of Georgia has established that adjustment of existing district lines may be accomplished pursuant to the Home Rule provisions of the Georgia Code, all as set forth in O.C.G.A. 35-35-4.1; and
WHEREAS. the City has the authority to make this change upon compliance with the terms of O.C.G.A. 36-35-3 and 36-35-5; and
WHEREAS, City Council, on April 2, 2002, at its regular meeting, has considered two proposed redistricting plans provided by the State Reapportionment Office and has chosen a proposed reapportionment plan.
Notice is hereby given that City Council has voted upon and chosen Proposal #1 as its reapportionment plan. This plan leaves the boundaries of Ward or Voting District 2 unchanged. The plan adjusts the district line between Voting District or

_____________GEORGIA LAWS 2003 SESSION__________4827

Ward 1 (which lies to the North) and District or Ward 3 (which lies to the South) as follows: The line between Wards 1 and 3 shall commence at the intersection of the Westernmost right-of-way of 3rd Avenue with Huckabee Street and run thence along Huckabee Street in a Westerly direction to its intersection with 8th Avenue; from thence it shall continue along 8th Avenue in a Southerly direction to its intersection with Graham Street; from thence it shall run along Graham Street in a Westerly direction to its intersection with the city limits of the City of Helena. No other district lines of Wards 1 and 3 shall be changed.

Pursuant to O.C.G.A. 36-35-3, this redistricting plan shall become final upon its adoption at a second regular consecutive meeting ofthe Council, which shall be held the first Tuesday in May, 2002, at 5:00 P.M. at Council Chambers, City Hall. 301 S. 1st Avenue, McRae, Georgia.

The current population map and the two reapportionment plans/maps provided by the State Reapportionment Office, as well as a copy of the guidelines promulgated herein are on file in City Hall and at the Office of Clerk of Superior Court, Courthouse Square, McRae, Georgia, and are available for inspection and copying for citizens making such a request. Fees for copies may be charged at the rate of $0.25 per page.

City Council has promulgated certain guidelines to control the submission and adoption ofany additional proposed reapportionment plans. The Guidelines are also available for public inspection and copying, at the same locations and fees. All plans submitted shall be held be the City and the Clerk's office and shall likewise be made available for inspection and copying.

This notice is given to comply with the terms of O.C.G.A. 36-35-3. In accordance with O.C.G.A. 36-35-5, a copy of the said ordinance, together with a copy of this notice, and other documents required by O.C.G.A. 36-35- 5, shall be provided to the Secretary of State upon final passage of the ordinance.

has appeared in each said edition.

Signed under the pains and penalties of perjury.

s/ DONNA J. BELL

____

EDITOR/MANAGER OFFICE MGR.

TELFAIR ENTERPRISE

s/ JUDY H. MARCHANT

Notary Public, Telfair County, Georgia

My Commission Expires October 14, 2005

Filed in the Office of the Secretary of State June 3, 2002.

4828______MUNICIPAL HOME RULE ORDINANCES________
CITY OF BARNESVILLE - TELECOMMUNICATIONS SYSTEMS NETWORK.
Ordinance #420
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF BARNESVILLE BY ADDING A NEW SECTION IMMEDIATELY FOLLOWING SUBSECTION 1.13 (20), TO BE DESIGNATED AS SUBSECTION 1.13 (20.1), SO AS TO PROVIDE FOR ADDITIONAL POWERS, DUTIES, AND AUTHORITY OF THE CITY COUNCIL OF THE CITY OF BARNESVILLE, 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 Barnesville, 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 11,1987 (Ga. L. 1987, p. 3865), 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 Barnesville, Georgia, and IT IS HEREBY ORDAINED, by the authority of the same, as follows:
Section 1. The Charter of the City of Barnesville, Georgia, which was established by an Act creating a new Charter for the City of Barnesville, Georgia, approved on March 11, 1987 (Ga. L. 1987, p. 3865), as amended, is hereby amended by adding a new section to read as follows:
"Subsection 1.13 (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 Barnesville, Georgia, to finance from time to

____________GEORGIA LAWS 2003 SESSION__________4829

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 of this ordinance shall be declared void, it is the intent and the purpose hereofthat all other provisions not so declared void shall remain in full force and effect.

Section 4. The 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 Herald-Gazette, the official newspaper in which Sheriffs advertisements are published in Lamar 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 Herald-Gazette to execute an affidavit of such publication.

This ordinance was introduced and read at a lawful meeting of the Council of the City of Barnesville held on January 14,2002 and read the second time, passed, and adopted in like meeting held on February 11, 2002.

[SEAL]

CITY OF BARNESVILLE, GEORGIA

Attest:
s/ CAROLYN S. PARKER Ms. Carolyn S. Parker, City Clerk

s/ JAMES R. MATTHEWS. JR. Mr. James R. Matthews, Jr., Mayor

CLERK'S CERTIFICATE

NOW COMES the undersigned Clerk of the City of Barnesville, 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 February 11,2002, in compliance with Official Code ofGeorgia 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

4830_______MUNICIPAL HOME RULE ORDINANCES_________
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 11th day of February, 2002.
[SEAL]
s/ CAROLYN S. PARKER Ms. Carolyn S. Parker, Clerk
Exhibit "A"
NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF BARNESVILLE, 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 BARNESVILLE, GEORGIA LAMAR COUNTY
Notice is hereby given that an ordinance will be introduced on January 14, 2002 and read for final adoption on the 11 day of Feb. 2002, to amend the Charter of the City of Barnesville, Georgia, which was created by an act amended on March 11, 1987 (Ga. L. 1987, p. 3865), as amended, so as to authorize the City of Barnesville, 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 Barnesville, Georgia is on file in the office of the Clerk of the City of Barnesville, and is on file in the office of the Clerk of the Superior Court of Lamar County, Georgia, for the purpose of examination and inspection by the public, all as required by law.
This 11th day of February, 2002.
s/ CAROLYN S. PARKER Ms. Carolyn S. Parker, City Clerk
STATE OF GEORGIA COUNTY OF LAMAR
Personally appeared before the undersigned attesting officer, Walter B. Geiger, Jr., who, on oath deposes and says that [s/he] is the publisher of that newspaper known as the The Herald-Gazette, which publishes a weekly edition, and that the

____________GEORGIA LAWS 2003 SESSION__________4831

The Herald-Gazette published on Tuesday ofeach week is the newspaper in which Sheriffs advertisements for Lamar County are published. Further deposing, [s/he] says that as publisher of the newspaper, [s/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 Barnesville, Georgia was published in the The Herald-Gazette on the 11 day of Dec., and on the 18 day of Dec., and on the 24 day of Dec., 2001.

This 28 day of December, 2001.

s/ WALTER B. GEIGER. JR. Walter B. Geiger, Jr., Publisher

Sworn to and subscribed before me this 28 day of December, 2001.

s/ MELISSA WARE Melissa Ware Notary Public, Lamar County, Georgia My Commission Expires May 18, 2003

CERTIFICATION

The undersigned hereby certifies that the foregoing document is a true and correct copy of Ordinance #420 of the City of Barnesville as enacted by the Council of the City of Barnesville.

This 30th day of April, 2002.

[Seal]

s/ CAROLYN S. PARKER Carolyn S. Parker, Clerk City of Barnesville

Filed in the Office of the Secretary of State June 20, 2002.

4832_______MUNICIPAL HOME RULE ORDINANCES_________

CITY OF ATLANTA - CITY COUNCIL PRESIDENT; RESTRUCTURE PERSONNEL OPERATIONS.

CITY COUNCIL ATLANTA, GEORGIA
AN ORDINANCE BY COUNCIL MEMBERS

02-O-0848

AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET. SEQ.) AS AMENDED, TO AMEND SECTION 2-308(B), CHAPTER 3, ARTICLE 2, OF THE CHARTER OF THE CITY OF A TLANTA, GEORGIA, (GA. L AWS 1 996, P . 4 469, E T. S EQ.) APPROVED APRIL 15, 1996, AS AMENDED, SO AS TO RESTRUCTURE THE PERSONNEL OPERATIONS IN THE OFFICE OF THE PRESIDENT OF THE ATLANTA CITY COUNCIL; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

WHEREAS, the employees in the Office of the President of the Atlanta Council have historically been a part of the City's Pay and Class Plan; and

WHEREAS, these salaries, as structured, are higher than are deemed necessary for the jobs; and

WHEREAS, the President of Council desires to reduce the cost of operation of the President's Office; and

WHEREAS, the President is desirous of re-structuring that Office so that it would be more in line with the staffing structure of the Council members' Offices.

NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, as follows:

SECTION 1: That Section 2-308(b) which reads:

"(b) Staff of president of the council. The president of the council shall be authorized to employ such employees as may be necessaryfor theproper discharge of the functions of the office ofpresident of the council. Adequate facilities and office spacefor such staffshall beprovided." is hereby amended to add the five (5) new subsections, so that when amended Section 2-308(b) will read:

_____________GEORGIA LAWS 2003 SESSION__________4833
Section 2-308
(b) Staff of president of the council. The president of the council shall be authorized to employ such employees as may be necessary for the proper discharge of the functions of the office of president of the council. Adequate facilities and office space for such staff shall be provided.
(i) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
City council assistant means any employee of the President other than a special or senior city council assistant and who is thereby not entitled to participate in the city's health and life insurance program, pension benefits or any other benefits. City council assistants shall be required to execute a release to the city acknowledging that any such employee is ineligible to participate in the life and health insurance program.
Senior city council assistant means an employee whose position has been created in section 114-476 and who thereby receives the same benefits afforded to regular city employees.
Special city council assistant means an employee designated as such by the President and who is thereby entitled to participate in the city's health and life insurance program on the same terms and conditions as other city employees.
(ii) Number of assistants; salaries. The President shall be entitled to employ up to five senior city council assistants or up to five special city council assistants and such other city council assistants as deemed necessary. Each such employee shall be paid on an hourly or salary basis, as determined by the President, provided the aggregate compensation on behalf all such employees, including the cost of any benefits provided by the city, shall not exceed the total of the amount appropriated for such purpose plus any amount carried over from previous years in accordance with sub section (e). No more than five employees of whatever category of each shall be entitled to benefits.
(iii) Responsibilities of the President. The President shall be responsible to certify that funds expended for employee service in accordance with this section are expended for public purposes, such public purposes not to include any campaign-connected costs, and shall be responsible for establishing the professional standards, work program, wage rate, supervision, hiring and firing and work location of any employee.

4834_______MUNICIPAL HOME RULE ORDINANCES________

(iv) Nepotism. No person shall be employed in such position where such person directly supervises or is directly supervised by a member of such person's immediate family. The term "immediate family" includes father, mother, son, daughter, brother, sister or spouse.

(v) Annual appropriation for salaries. The amount of $170,000.00 shall be appropriated annually for the salaries of the assistants authorized in this section, and the cost of insurance or other benefits provided to such employees shall not be charged to such amount. The amount of annual appropriation shall be increased by the appropriate pro rata amount necessary to equal the average amount of any salary increases given to city employees in any given year.

SECTION 2: That a copy of this proposed amendment to the Charter of the City of Atlanta shall be filed in the Office of the Municipal Clerk of the City of Atlanta and in Offices of the Clerks of the Superior Courts of Fulton and DeKalb counties, Georgia, and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta", attached hereto, marked "Exhibit A" and made a part of this ordinance, be published once a week for three weeks in newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County, and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Atlanta City Council and provided that such final adoption shall only take place during week immediately succeeding the week in which the last advertisement was published.

SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby rescinded.

ADOPTED by the Council

JUN 03, 2002

RETURNED WITHOUT SIGNATURE OF THE MAYOR

APPROVED as per City Charter Section 2-403

JUN 12, 2002

EXHIBIT "A"

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p 4469, et. seq.), as amended, and Ordinance be captioned as follows:

AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET. SEQ.) AS AMENDED, TO AMEND SECTION 2-308(b),

____________GEORGIA LAWS 2003 SESSION__________4835
CHAPTER 3, ARTICLE 2, 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 RESTRUCTURE THE PERSONNEL OPERATIONS IN THE OFFICE OF THE PRESIDENT OF THE ATLANTA CITY COUNCIL; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
A copy ofthe proposed Ordinance and Charter amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in Offices of the Clerks of the Superior Courts of Fulton and DeKalb counties, Georgia for the purpose of examination and inspection by the public.
This _______ day of ______, 2002.

Municipal Clerk

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:

05/16/02,05/23/02,05/30/02

Subscribed and sworn to before me this 05/30/02.

s/ ANTONIO BELL Antonio Bell Agent of the Daily Report

s/ KAWEEMAH NELSON Notary Public [SEAL]

4836_______MUNICIPAL HOME RULE ORDINANCES_________
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, s tales o n o ath t hat the r eport o f P UBLIC N OTICES, O RDINANCE 02-0-0848 was published in said newspaper on the following date(s).
05/16/02,05/23/02,05/30/02
s/ CAROLYN JERNIGAN-GLENN CAROLYN J. GLENN, PUBLISHER
Sworn to and subscribed before me this 05/30/02.
s/ DORCAS Y. JERNIGAN Notary Public
My commission expires April 17, 2005.
THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY
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-O-Q848. being captioned as follows:
An Ordinance amending the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (GA. Laws 1965, p. 298, et. seq.) as amended, to amend Section 2-308(b), Chapter 3, Article 2, 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 restructure the personnel operations in the Office of the President of the Atlanta City Council; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

___________GEORGIA LAWS 2003 SESSION________4837
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 10th Day of May 2002.
RHONDA DAUPHIN JOHNSON Municipal Clerk, OMC #23:5/16-3ab
330-070691 5/16,5/23,5/30DJ 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-O-0848, being captioned as follows:
An Ordinance amending the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (GA. Laws 1965, p. 298, et. seq.) as amended, to amend Section 2-308(b), Chapter 3, Article 2, 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 restructure the personnel operations in the Office of the President of the Atlanta City Council; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 10th Day of May 2002.
RHONDA DAUPHIN JOHNSON Municipal Clerk, OMC City of Atlanta 55 Trinity Ave 2700 Atlanta, GA 30303
Filed in the Office of the Secretary of State June 26, 2002.

4838_______MUNICIPAL HOME RULE ORDINANCES__________
CITY OF ATLANTA - BOARDS AND COMMISSIONS.
CITY COUNCIL ATLANTA, GEORGIA
AN ORDINANCE NO. 02-0-0860
BY COUNCIL MEMBER ANNE FAUVER
AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET SEQ.) AS AMENDED, TO AMEND SECTION 3-401, CHAPTER 4, ARTICLE 3, OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, (GA. LAWS, 1996, P. 4469, ET. SEQ). APPROVED APRIL 15, 1996, AS AMENDED, SO AS TO DELETE SECTION 3-401 ENTITLED "GENERAL", UNDER CHAPTER 4 BOARDS AND COMMISSIONS. IN ITS ENTIRETY AND REPLACE IT WITH A NEW AND EXPANDED SECTION 3-401 - GENERAL; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE COUNCIL OF ATLANTA, GEORGIA, as follows:
Section 1. That Section 3-401 of Chapter 4, (entitled "Boards and Commissions)(Exhibit "A"), Article 3, of the Charter of the City of Atlanta, Georgia, is hereby deleted in its entirety and replaced by the following:
CHAPTER 4. BOARDS AND COMMISSIONS
Section 3-401. General.
(a) As related to corporate, municipal, governmental, or public purposes and for the security of the peace, health, and good government of the city, the council shall have the authority to create commissions, councils, boards, authorities or other similar bodies which shall perform duties prescribed by the c ouncil, including, but not limited to, making studies, conducting research and investigations, holding hearings, and preparing recommendations as to needed ordinances and resolutions. All members of such boards, commissions, councils, authorities or other similar bodies shall be legal residents of the city. The Chair of each board, commission,

____________GEORGIA LAWS 2003 SESSION__________4839
council, authority or other similar body shall provide to the Municipal Clerk the names and addresses ofits members.
(b) The council shall have the authority to provide for the composition of such commissions, councils, boards, authorities or other similar bodies their periods of existence, and for the compensation of their members and employees, in whole or in part. The council may provide by ordinance for reimbursement of the actual and necessary expenses incurred by the members thereof in the performance of their official duties. The council shall have the authority to annually appropriate and donate money, derived from taxation, contributions, or otherwise, for and to such commissions, councils, boards, authorities and other similar bodies to provide for their operation, either in whole or in part.
(c) All regular, full-time employees of commissions, councils, boards, authorities or other similar bodies which have been previously created or hereafter created by the council shall be considered to be employees of the city. Such employees shall be entitled to all of the benefits and privileges as are other employees of the city and shall be subject to all laws, ordinances and resolutions governing employees of the city except as otherwise specifically prescribed in the code of ordinances. Such employees shall be within the unclassified service of the civil service unless the council shall provide by ordinance for other terms and conditions of employment and personnel matters relating to such employees. No member of a board, commission, council, authority or similar body shall be deemed an employee of the city under the provisions of this subsection.
(d) Any vacancy in office of any member of a board, commission, council, authority or similar body shall be filled for the unexpired term in the manner prescribed for the original appointment. The Chair shall provide to the Municipal Clerk the name and address ofits new members.
(e) No member of any board, commission, council, authority or similar body shall assume office until he or she has executed and filed with the municipal clerk an oath or affirmation obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath or affirmation to be prescribed by ordinance an administered by the mayor or the municipal clerk.
(f) Any member of a board, commission, council, authority or similar body created by the council may be removed from office for cause by a majority vote of the councilmembers present.

4840_______MUNICIPAL HOME RULE ORDINANCES_________
(g) Each board, commission, council, authority and similar body may establish such bylaws, rules, and regulations, not inconsistent with this Charter, ordinances of the council, or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the municipal clerk.
(h) All boards, commissions, councils, authorities and other similar bodies and their employees shall comply with the budgetary procedures of the city as provided in this Charter.
(i) The functions of boards, commissions, councils, authorities and other similar bodies of the city, whether established by Acts of the General Assembly or the city council, shall be provided for by ordinances or resolutions of the city council. However, any boards, commissions, councils, authorities and other similar bodies which derive their powers from general law shall continue to exercise such powers.
(j) The mayor may initiate the creation of additional boards, commissions, councils, authorities and other similar bodies subject to the approval of the council.
(k) All boards, commissions, councils, authorities and other similar bodies shall keep an attendance record of every meeting for each member.
(1) The appointing authority shall attach a summary ofattendance for the period of time served to the appointment communication when re-appointing any individual to the board, commission, council, authority or similar body.
(m) The chairs of city boards, commissions, councils, authorities and other similar bodies or their designees shall promptly notify the mayor and council of any membership vacancies, resignations, excessive absences, no-shows, tardiness, or failure to perform.
(n) Any member ofa board, commission, council, authority or similar body, serving an expired term, can continue to serve until he or she is re-appointed or a successor is appointed.
(o) New members shall be contacted and invited to the first meeting by the chair or his/her designee and beprovided with copies ofbylaws, rules and regulations.
(p) The chair ofeach board, commission, council, authority and similar body or his/her designee shall prepare and submit an annual report outlining activities and accomplishments to the mayor and council

____________GEORGIA LAWS 2003 SESSION__________4841

SECTION 2. That a copy of this proposed amendment to the Charter of the City of Atlanta shall be filed in the Office of the Municipal Clerk of the City of Atlanta and in Offices of the Clerks of the Superior Courts of Fulton and DeKalb counties, Georgia, and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta", attached hereto, marked "Exhibit B" and made a part ofthis ordinance, be published once a week for three weeks in newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County, and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Atlanta City Council and provided that such final adoption shall only take place during week immediately succeeding the week in which the last advertisement was published.

SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby rescinded.

ADOPTED by the Council ADOPTED by the Mayor

June 03, 2002 June 10, 2002

EXHIBIT "A"

CODE OF ORDINANCES City of ATLANTA, GEORGIA Codified through Ord. No. 2002-05, enacted Feb. 13, 2002. (Supplement No. 19) \ PART I CHARTER AND RELATED LAWS \ Subpart A CHARTER* \ ARTICLE 3. EXECUTIVE

CHAPTER 4. BOARDS AND COMMISSIONS

CODE OF ORDINANCES City of ATLANTA, GEORGIA Codified through Ord. No. 2002-05, enacted Feb. 13, 2002. (Supplement No. 19) \ PART I CHARTER AND RELATED LAWS \ Subpart A CHARTER *\ ARTICLE 3. EXECUTIVE \ CHAPTER 4. BOARDS AND COMMISSIONS

Section 3-401. General.

CODE OF ORDINANCES City of ATLANTA, GEORGIA Codified through Ord. No. 2002-05, enacted Feb. 13, 2002. (Supplement No. 19) \ PART I CHARTER AND RELATED LAWS \ Subpart A CHARTER *\ ARTICLE 3. EXECUTIVE \ CHAPTER 4. BOARDS AND COMMISSIONS\Section 3-401. General.

(a) As related to corporate, municipal, governmental, or public purposes and for the security of the peace, health, and good government of the city, the council shall have the authority to create commissions, councils, or boards which shall perform duties prescribed by the council, including, but not limited to, making studies, conducting research and investigations, holding hearings, and preparing recommendations as to needed ordinances and resolutions. All

4842_______MUNICIPAL HOME RULE ORDINANCES_________
members of such boards, commissions, or councils shall be legal residents of the city.
(b) The council shall have the authority to provide for the composition of such commissions, councils, or boards, their periods of existence, and for the compensation of their members and employees, in whole or in part. The council m ay p rovide b y o rdinance f or r eimbursement o ft he a ctual a nd necessary expenses incurred by the members thereof in the performance of their official duties. The council shall have the authority to annually appropriate and donate money, derived from taxation, contributions, or otherwise, for and to such commissions, councils, and boards to provide for their operation, either in whole or in part.
(c) All regular, full-time employees of commissions, councils, or boards which have been previously created or hereafter created by the council shall be considered to be employees ofthe city. Such employees shall be entitled to all of the benefits and privileges as are other employees of the city and shall be subject to all laws, ordinances and resolutions governing employees ofthe city except as otherwise specifically prescribed in the code of ordinances. Such employees shall be within the unclassified service of the civil service unless the council shall provide by ordinance for other terms and conditions of employment and personnel matters relating to such employees. No member of a board or commission shall be deemed an employee of the city under the provisions of this subsection.
(d) Any vacancy in office of any member of a board or commission shall be filled for the unexpired term in the manner prescribed for the original appointment.
(e) No member of any board or commission shall assume office until he or she has executed and filed with the municipal clerk an oath or affirmation obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath or affirmation to be prescribed by ordinance and administered by the mayor or the municipal clerk.
(f) Any member of a board or commission created by the council may be removed from office for cause by a majority vote of the councilmembers present.
(g) Each board and commission may establish such bylaws, rules, and regulations, not inconsistent with this Charter, ordinances ofthe council, or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the municipal clerk.
(h) All boards and commissions and their employees shall comply with the budgetary procedures of the city as provided in this Charter.

____________GEORGIA LAWS 2003 SESSION________4843
(i) The functions of boards and commissions of the city, whether established by Acts of the General Assembly or the city council, shall be provided for by ordinances or resolutions of the city council. However, any boards and commissions which derive their powers from general law shall continue to exercise such powers.
(j) The mayor may initiate the creation of additional boards and commissions subject to the approval of the council.
for each member.
(1) The appointing authority shall attach a summary of attendance for the period of time served to the appointment communication when re-appointing any individual to the board or commission.
(1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2001-51, 1, 7-11-01)
CODE OF ORDINANCES City of ATLANTA, GEORGIA Codified through Ord. No. 2002-05, enacted Feb. 13, 2002. (Supplement No. 19) \ PART I CHARTER AND RELATED LAWS \ Subpart A CHARTER* \ ARTICLE 3. EXECUTIVE \ CHAPTER 4. BOARDS AND COMMISSIONS
Section 3-40
EXHIBIT "B"
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
NOTICE is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p4469, et. seq.), as amended, and Ordinance be captioned as follows:
AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET SEQ.) AS AMENDED, TO AMEND SECTION 2-308(b), CHAPTER 3, ARTICLE 2, OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, (GA. LAWS, 1996, P. 4469, ET. SEQ.) APPROVED APRIL 15, 1996, AS AMENDED, SO AS TO DELETE SECTION 3-401 ENTITLED "GENERAL", UNDER CHAPTER 4 BOARDS AND COMMISSIONS. IN ITS ENTIRETY AND REPLACE IT WITH A NEW AND EXPANDED SECTION 3- 401 - GENERAL; TO

4844_________MUNICIPAL HOME RULE ORDINANCES__________
REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
A copy of the proposed Ordinance and Charter amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in Offices of the Clerks of the Superior Courts of Fulton and DeKalb counties, Georgia for the purpose of examination and inspection by the public.
This _______day of _____, 2002.
Municipal Clerk
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:
05/16/02,05/23/02,05/30/02
s/ ANTONIO BELL_____ Antonio Bell Agent of the Daily Report
Subscribed and sworn to before me this 05/30/02.
s/ KAWEEMAH NELSON Notary Public Commission expires February 4, 2006. [SEAL]
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, P. 4469, et. seq.), as amended, said, Ordinance. 02-O-0860 being captioned as follows:

____________GEORGIA LAWS 2003 SESSION__________4845
An Ordinance amending the Charter of the City of Atlanta adopted under and by virtue ofthe authority ofthe Municipal Home Rule Act of 1965 (GA. Laws 1965, p. 298, et. seq.) as amended, to amend Section 3-401, Chapter 4, Articles, of the Charter of the city of Atlanta, Georgia, (GA. Laws, 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, so as to delete Section 3-401 entitled "General," under Chapter 4-Boards and Commissions, in its entirety and replace it with a new and expanded Section 3-401- General; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 1 Oth Day of May 2002.
Rhonda Dauphin Johnson Municipal Clerk, OMC #22:5/16-3ab
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, s tates on o ath t hat t he r eport o f P UBLIC N OTICES, O RIDNANCE 02-O-0860. was published in said newspaper on the following date(s):
05/16/02, 05/23/02, 05/30/02
s/ CAROLYN JERNIGAN GLENN_____ Carolyn J. Glenn, Publisher
Sworn to and subscribed before me this 05/30/02.
s/ DORCAS Y. JERNIGAN Notary Public My commission expires April 17, 2005. [SEAL]

4846_______MUNICIPAL HOME RULE ORDINANCES_________
THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY
No. 330-070690 5/16, 5/23, 5/30dj
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-O-0860, being captioned as follows:
An Ordinance amending the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (GA. Laws 1965, p. 298, et. seq.) as amended, to amend Section 2-401, Chapter 4, Article 3, of the Charter of the city of Atlanta, Georgia, (GA. Laws, 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, so as to delete Section 3-401 entitled "General," under Chapter 4-Boards and Commissions, in its entirety and replace it with a new and expanded Section 3-401 - General; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
Given under my hand and seal of this office on this 10th Day of May, 2002.
Rhonda Dauphin Johnson Municipal Clerk, OMC City of Atlanta 55 Trinity Ave 2700 Atlanta, GA 30303
Filed in the Office of the Secretary of State June 26, 2002.

____________GEORGIA LAWS 2003 SESSION__________4847
CITY OF MONTICELLO - ELECTION DISTRICTS.
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF MONTICELLO SO AS TO CHANGE THE ELECTION DISTRICTS
OF THE CITY OF MONTICELLO: AND 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
WHEREAS, the City has now determined that it is necessary to change the Election Districts within the City, by making certain amendments to its Charter pursuant to its home rules powers granted pursuant to Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, and OCGA Section 36-35-1 through 36-35-7; and
NOW, THEREFORE, BE IT ORDAINED, by the City Council ofthe City Of Monticello, Georgia, and
IT IS HEREBY ORDAINED, by the authority of the same, as follows:
Section 1: The Charter of the City of Monticello is amended by striking Section 6 in its entirety and inserting in lieu thereof, a new Section 6 to read as follows;
"Section 6. (a) Any person who is a resident of the territory described as the corporate limits of the city and who has been a resident thereof for one continuous year immediately preceding the date of the election, and who is 21 years of age and a qualified voter of said city, and who is otherwise qualified as provided in this section shall be eligible to be elected as mayor or councilman. Should the mayor or councilman elected from the city at large remove his or her residence from within the corporate limits of said city during his or her term of office, his or her office shall immediately become vacant. Should any councilman elected from an election district remove his or her residence from the district which he or she was elected during his or her term of office, his or her office shall immediately become vacant.
(b) The mayor and one councilman may reside anywhere within the City of Monticello and shall be elected by a majority of the qualified electors of the entire city. The councilman elected from the city at large shall be the mayor pro tempore.

4848_______MUNICIPAL HOME RULE ORDINANCES________
(c)(l) For purposes of electing the other four members of the city council, the City o f M onti cello i s d ivided i nto t wo e lection d istricts b y t he following described line, to wit: Beginning at the point where Forsyth Street (State Highway #83) intersects with the southwestern boundary of the Monticello city limits line; from that point northeast along the centerline of Forsyth Street until it intersects with Short Street; thence along the centerline of Short Street in a southerly direction until it intersects with the Southern Railroad tract; thence along and with the centerline of the Southern Railroad tract in a northeasterly direction until it intersects with Key Street; from that point southeast along the centerline of Key Street until it intersects with Blue Ruin Street; from that point northeast along the centerline of Blue Ruin Street until it intersects with the Monticello city limits line.
Election District No. 1 shall contain all that territory and area within the city limits of Monticello which lies east and southeast of the above-described line.
Election District No.2 shall contain all that territory and area within the city limits of Monticello which lies west and northwest of the above-described line.
(2) Two councilmen shall be elected from Election District No. 1 as described above. Said election district shall have two posts, designated Post 1 and Post 2. A person offering as a candidate for election to the council from Election District No. 1 shall designate the post for which he or she is seeking election and shall be a legal resident of such election district. Candidates for the office of councilman from an election district shall certify at the time of their qualification as candidates that they are residents of the election district from which they seek election. To be elected as a member of the council from Election District No.l, a candidate must receive the highest number of votes cast for the particular post and, at the same time, the candidate must receive a majority of the total votes cast for such post. The qualified voters of Election District of No.l shall be authorized to vote for one candidate for each post within such election district.
(3) Two councilmen shall be elected from Election District No.2 as described in paragraph (1) of this subsection. Said election district shall have two posts, designated Post 1 and Post 2. A person offering as a candidate to the council from Election District No.2 shall designate the post for which he or she is seeking election and shall be a legal resident of such election district. Candidates for the office of councilman from an election district shall certify at the time of the qualification as candidates that they are residents of the election district from which they seek election. To be elected as a member of the council from Election District No.2 a candidate must receive the highest number of votes cast for the particular post and, at the same time, the candidate must receive a majority of the total votes cast for such post. The qualified

____________GEORGIA LAWS 2003 SESSION_________4849
voters of Election District No.2 shall be authorized to vote for one candidate for each post within such election district.
(d) Ifno candidate for a particular office receives a majority ofthe votes cast for all candidates for such office, a run-off election shall be held between the two candidates receiving the highest number of votes.
(e) All elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the OCGA the 'Georgia Municipal Election Code', as now or hereafter amended."
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 referenced 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 (3) weeks within a period of sixty (60) days immediately preceding the date of the final adoption of this ordinance. The Clerk of the City is also hereby authorized and directed to cause the publisher of the Monticello News to execute and Affidavit of such publications.
This Ordinance was introduced and read at a lawful meeting of the Council of the City of Monticello on the 14th day of May, 2002, and read the second time, passed and adopted in a like meeting held on the 11th day of June, 2002.
CITY OF MONTICELLO, GEORGIA
BY: s/ S. D. HOLMES_______ SUSAN D. HOLMES, Mayor
Attest: s/ SUSAN M. ROPER_____ SUSAN ROPER, City Clerk
(SEAL)

4850_______MUNICIPAL HOME RULE ORDINANCES________
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"
CITY OF MONTICELLO, GEORGIA JASPER COUNTY
Notice is hereby given that an ordinance was introduced on the 14th day of May, 2002, and will be read for final adoption on the 11th day of June, 2002, to amend the Charter of the City of Monticello, Georgia, which created by an act amended on March 10,1959 (Ga. L. 1959, p. 2683), as amended, so as to change the Election Districts of the City of Monticello, Georgia.
A copy of this proposed amendment to the Charter of the City of Monticello, Georgia, is on file in the office ofthe Clerk of the City of Monticello, 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 20TH DAY OF MAY, 2002.
s/ SUSAN M. ROPER_______ 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 23rd day of May, 2002, and on the 30th day of May, 2002, and on the 6th day of June, 2002.

GEORGIA LAWS 2003 SESSION

4851

s/ W. T. HUGHES W. T. HUGHES
Publisher, For The Monticello News
Sworn to and subscribed before me this 27 day of June, 2002.
s/ JENNY H. PHILLIPS________ NOTARY PUBLIC, JASPER COUNTY, GEORGIA Commission Exp: 03/28/06
(SEAL)
Filed in the Office of the Secretary of State July 19, 2002.

CITY OF ATLANTA - OATHS.

AN ORDINANCE

02-0-0863

BY COUNCIL MEMBER ANNE FAUVER AND HOWARD SHOOK

AS SUBSTITUTED BY THE ATLANTA CITY COUNCIL

AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET SEQ.) AS AMENDED, TO AMEND SECTION 2-301, CHAPTER 3, ARTICLE 2, 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 THE CODE OF ETHICS AS PART OF THE OATH OF OFFICE FOR THE MAYOR, PRESIDENT OF THE COUNCIL, AND COUNCIL MEMBERS; TO ADD OTHER LANGUAGE TO BE CONSISTENT WITH STATE LAW; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE COUNCIL OF ATLANTA, GEORGIA, as follows:

SECTION 1. ThatadditionallanguageisaddedtotheendofSection2-301 (entitled "Organizational meeting; oath ofoffice") (Exhibit "A"), Chapter 3, Article 2, ofthe Charter of the City of Atlanta, Georgia, to read:

4852_______MUNICIPAL HOME RULE ORDINANCES_________
"I further swear that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am prohibited from holding by the laws of the State of Georgia, and that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof.
I further swear that I will uphold and support the Ethics Code of the City of Atlanta.
I further swear that I have been a resident of the City of Atlanta and of the required council district for the time required by the Constitution and laws of this state and the Charter and ordinances of the City of Atlanta.
I further swear that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and ordinances of the City of Atlanta.
So help me God."
SECTION 2. That the amended Section 2-301 shall read:
Section 2-301. Organizational meeting; oath of office.
The council shall meet for organization in the council chamber, or any other designated public place, on the first Monday in January following each regular election, or, if such Monday is a legal holiday, then on the next following day not a legal holiday. The mayor, president of the council, and councilmembers shall take and subscribe before a judge of the superior court, or any official authorized to administer oaths, the following oath of office: "I do solemnly swear (or affirm) that I will faithfully and impartially discharge the duties of the mayor, the president of the council or councilmember of the City of Atlanta, Georgia, during my term in office. I will not knowingly permit my vote in the election or appointment of any person to a position in the city government to be influenced by fear, favor, or affection, reward or expectation thereof. In all things pertaining to my said office, I will be governed by the public good and interests of the city. I will observe the provisions of the Charter, ordinances, and regulations of the City of Atlanta. I further swear that I will support and defend the Constitutions and laws of the State of Georgia and of the United States of America.
I further swear that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am prohibited from holding by the laws of the State of Georgia, and that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof.
I further swear that I will uphold and support the Ethics Code of the City of Atlanta.

____________GEORGIA LAWS 2003 SESSION__________4853

I further swear that I have been a resident of the City of Atlanta and of the required council district for the time required by the Constitution and laws of this state and the Charter and ordinances of the City of Atlanta.

I further swear that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and ordinances of the City of Atlanta.

So help me God.

SECTION 3. That a copy of this proposed amendment to the Charter of the City of Atlanta shall be filed in the Office of the Municipal Clerk of the City of Atlanta and in Offices of the Clerks of the Superior Courts of Fulton and DeKalb counties, Georgia, and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta", attached hereto, marked "Exhibit B" and made a part of this ordinance, be published once a week for three weeks in newspaper of general circulation in the City ofAtlanta and in the official organ ofFulton County, and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Atlanta City Council and provided that such final adoption shall only take place during week immediately succeeding the week in which the last advertisement was published.

SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby rescinded.

ADOPTED by the Council APPROVED by the Mayor.

JUN 17, 2002 JUN 20, 2002

EXHIBIT "A"

CODE OF ORDINANCES City of ATLANTA, GEORGIA Codified through Ord. No. 2002-05, enacted Feb. 13, 2002. (Supplement No. 19) \ PART I CHARTER AND RELATED LAWS \ Subpart A CHARTER* \ ARTICLE 2. LEGISLATIVE \ CHAPTER 3. ORGANIZATION, RULES, OFFICERS AND EMPLOYEES

Section 2-301. Organizational meeting; oath of office.

CODE OF ORDINANCES City of ATLANTA, GEORGIA Codified through Ord. No. 2002-05, enacted Feb. 13,2002. (Supplement No. 19) \ PART I CHARTER AND RELATED LAWS \ Subpart A CHARTER * \ ARTICLE 2. LEGISLATIVE \ CHAPTER 3. ORGANIZATION, RULES, OFFICERS AND EMPLOYEES \ Section 2-301. Organizational meeting; oath of office.

The council shall meet for organization in the council chamber, or any other designated public place, on the first Monday in January following each regular

4854_______MUNICIPAL HOME RULE ORDINANCES_________
election, or, if such Monday is a legal holiday, then on the next following day not a legal holiday. The mayor, president of the council, and councilmembers shall take and subscribe before a judge of the superior court, or any official authorized to administer oaths, the following oath of office: "I do solemnly swear (or affirm) that I will faithfully and impartially discharge the duties of the mayor, the president of the council or councilmember of the City of Atlanta, Georgia, during my term in office. I will not knowingly permit my vote in the election or appointment of any person to a position in the city government to be influenced by fear, favor, or affection, reward or expectation thereof. In all things pertaining to my said office, I will be governed by the public good and interests of the city. I will observe the provisions of the Charter, ordinances, and regulations of the City of Atlanta. I further swear that I will support and defend the Constitutions and laws of the State of Georgia and of the United States of America."
EXHIBIT "B"
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
NOTICE is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p4469, et. seq.), as amended, and Ordinance be captioned as follows:
AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET SEQ.) AS AMENDED, TO AMEND SECTION 2-301, CHAPTER 3, ARTICLE 2, 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 THE CODE OF ETHICS AS PART OF THE OATH OF OFFICE FOR THE MAYOR, PRESIDENT OF THE COUNCIL, AND COUNCIL MEMBERS; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
A copy of the proposed Ordinance and Charter amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in Offices of the Clerks of the Superior Courts of Fulton and DeKalb counties, Georgia for the purpose of examination and inspection by the public.
This _______ day of __________, 2002.
Municipal Clerk

____________GEORGIA LAWS 2003 SESSION__________4855
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:
05/16/02, 05/23/02, 05/30/02
s/ ANTONIO BELL Antonio Bell Agent of the Daily Report
Subscribed and sworn to before me this 05/30/02.
s/ KAWEEMAH NELSON Notary Public Commission expires Feb. 4, 2006 [Seal]
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, P. 4469, et. seq.), as amended, said Ordinance. 02-O-Q863, being captioned as follows:
An Ordinance amending the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (GA. Laws 1965, p. 298, et. seq.) as amended, to amend Section 2-301, Chapter 3, Article 2, 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 the Code of Ethics as part of the oath of office for the Mayor, President of the Council, and Council Members; to add other language to be consistent with state law; to repeal conflicting ordinances and for other purposes. A copy ofthe proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

4856_______MUNICIPAL HOME RULE ORDINANCES_________
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 10th Day of May 2002.
Rhonda Dauphin Johnson Municipal Clerk, OMC #24:5/16-3ab
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF DEKALB
Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, ORDINANCE 02-O 0863, was published in said newspaper on the following date(s):
05/16/02, 05/23/02, 05/30/02
s/ CAROLYN JERNIGAN-GLENN CAROLYN J. GLENN, PUBLISHER
Sworn to and subscribed before me this 05/30/02.
s/ DORCAS Y. JERNIGAN Notary Public My Commission expires April 17, 2005. [Seal]
THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY
THE CHAMPION LEGAL SECTION, 330-070689 5/16, 5/23, 5/20DJ 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-O-0863, being captioned as follows:

____________GEORGIA LAWS 2003 SESSION__________4857
An Ordinance amending the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (GA. Laws 1965, p. 298, et. seq.) as amended, to amend Section 2-301, Chapter 3, Article 2, 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 the Code of Ethics as part of the oath of office for the Mayor, President of the Council, and Council Members; to repeal conflicting ordinances and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 1 Oth Day of May 2002.
Rhonda Dauphin Johnson Municipal Clerk, OMC City of Atlanta 55 Trinity Ave 2700 Atlanta, GA 30303
Filed in the Office of the Secretary of State July 24, 2002.

CITY OF ATLANTA - CITY COUNCIL; RECESS CYCLES AMENDED.

AN ORDINANCE

02-O-1037

BY COUNCIL MEMBER HOWARD SHOOK

AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET SEQ.) AS AMENDED, TO AMEND SECTION 2-303, CHAPTER 3, ARTICLE 2, 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 ALTER THE RECESS CYCLES FOR THE ATLANTA CITY COUNCIL; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE COUNCIL OF ATLANTA, GEORGIA, as follows:

4858_______MUNICIPAL HOME RULE ORDINANCES_________

Section 1. That Section 2-303, entitled "Meetings", of Chapter 3, Article 2, of the Charter of the City of Atlanta, Georgia, which reads:

"Section 2-303. Meetings.

(a) The rules ofthe council shallprovidefor the time andplace ofholding regular meetings, which shall be held at least twice each month on the first and third Monday with the exception ofApril, August and December. Ifsuch Monday is a legal holiday, then the meeting shall be held on the next day not a legal holiday. For good cause shown, the council may reschedule a regular Monday council meeting to another day, provided that notice pursuant to O.C.G.A. 50-14-1 is given. The council shall be in recess during the second cycle of committee and council meetings in April, August and December ofeach year." is hereby amended so that the new Section 2-303 (b) will read:

"Section 2-303. Meetings.

(a) The rules of the council shall provide for the time and place of holding regular meetings, which shall be held at least twice each month on the first and third Monday with the exception of April, August and December. If such Monday is a legal holiday, then the meeting shall be held on the next day not a legal holiday. For good cause shown, the council may reschedule a regular Monday council meeting to another day, provided that notice pursuant to O.C.G.A. 50-14-1 is given. The council shall be in recess during the first cycle of committee and council meetings in April and August and the second cycle of committee and council meetings in December of each year."

SECTION 2. That a copy of this proposed amendment to the Charter of the City of Atlanta shall be filed in the Office of the Municipal Clerk of the City of Atlanta and in Offices of the Clerks of the Superior Courts of Fulton and DeKalb counties, Georgia, and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta", attached hereto, marked "Exhibit A" and made a part of this ordinance, be published once a week for three weeks in newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County, and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Atlanta City Council and provided that such final adoption shall only take place during week immediately succeeding the week in which the last advertisement was published.

SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby rescinded.

ADOPTED by the Council APPROVED by the Mayor

JULY 01, 2002 JULY 09, 2002

___________GEORGIA LAWS 2003 SESSION__________4859
EXHIBIT "A"
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
NOTICE is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.), as amended, and Ordinance be captioned as follows:
AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET SEQ.) AS AMENDED, TO AMEND SECTION 2-303, CHAPTER 3, ARTICLE 2, 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 ALTER THE RECESS CYCLES FOR THE ATLANTA CITY COUNCIL; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
A copy ofthe proposed Ordinance and Charter amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in Offices of the Clerks of the Superior Courts of Fulton and DeKalb counties, Georgia for the purpose of examination and inspection by the public.
This _______ day of ________, 2002.
Municipal Clerk
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF DEKALB
Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, ORDINANCE 02-O-1037, was published in said newspaper on the following date(s):
06/20/02, 06/27/02

4860_______MUNICIPAL HOME RULE ORDINANCES_________
s/ CAROLYN JERNIGAN-GLENN CAROLYN J. GLENN, PUBLISHER
Sworn to and subscribed before me this 6/27/02.
s/ DORCAS Y. JERNIGAN Notary Public My commission expires April 17, 2005.
THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY [Seal]
The Champion Legal Section 330-072324 6/20, 6/27 JB 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-O-1037, being captioned as follows:
An Ordinance and Charter Amendment adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (GA. Laws 1965, P. 298, et. seq.) as amended, to amend Section 2-301, Chapter 3, Article 2, 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 alter the recess cycles for the Atlanta City Council; to repeal conflicting ordinances and charter provisions; and for other purposed.
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 12th Day of June, 2002.
Rhonda Dauphin Johnson Municipal Clerk, CMC City of Atlanta 55 Trinity Ave 2700 Atlanta, GA 30303

____________GEORGIA LAWS 2003 SESSION__________4861
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
Before me, the undersigned, a Notary Public, this day personally came Shaquita Holt who, being duly sworn, according to law, says she is an agent of the ALM, LLC publishers of the Daily Report, the official newspaper published in Atlanta, Georgia, in said county and state, and that the publication, of which is annexed is a true copy, was published in said newspaper as provided by law on the following dates:
6/14/2002, 6/21/2002, 6/28/2002.
s/ SHAOU1TA HOLT Agent of the Daily Report
Subscribed and sworn to me on July 17th, 2002.
s/ KAWEEMAH NELSON Notary Public Commission expires Feb. 4, 2006 [Seal]
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER
OF THE CITY OF ATLANTA
NOTICE is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.), as amended, said Ordinance, 02-O-1037, being captioned as follows:
An Ordinance and Charter Amendment adopted under and by virtue ofthe authority of the Municipal Home Rule Act of 1965 (GA. Laws 1965, P. 298, et. seq.) as amended, to amend Section 2-303, Chapter 3, Article 2, 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 alter the recess cycles for the Atlanta City Council; to repeal conflicting ordinances and charter provisions; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

4862_______MUNICIPAL HOME RULE ORDINANCES_________
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 12th Day of June 2002.
Rhonda Dauphin Johnson Municipal Clerk, CMC #25:6/14 3sh
Filed in the Office of the Secretary of State July 24, 2002.

CITY OF ATLANTA - REEMPLOYMENT OF RETIREES.

CITY COUNCIL ATLANTA, GEORGIA

A CHARTER AMENDMENT ORDINANCE

02-O-1296

BY s/ FELICIA A. MOORE

AN ORDINANCE AND CHARTER AMENDMENT ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965,0.C.G.A. SECTION 36-35-1, ETSEQ., AS AMENDED, SO AS TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., BY AMENDING ARTICLE THREE, CHAPTER FIVE, SECTION 3-505 SO AS TO AUTHORIZE THE REEMPLOYMENT OF RETIREES UNDER CERTAIN CIRCUMSTANCES; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

WHEREAS, in the last twelve years, the City of Atlanta has conducted three programs which resulted in early retirement for many City employees; and

WHEREAS, the unanticipated departure ofcertain key employees resulted in a loss of critical job skills which are integral to the effective and efficient operation of Atlanta City Government; and

WHEREAS, one mechanism for availing the City of this lost expertise is through the temporary employment of retirees; and

WHEREAS, in 1998 the Council adopted legislation that clearly restricted such temporary reemployment to a period of no more than one year; and

____________GEORGIA LAWS 2003 SESSION__________4863
WHEREAS, the Council now desires to create an appropriate mechanism to avail the City of highly skilled and knowledgeable employees who performed vital municipal functions prior to their retirement.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA as follows:
Section One: That the Charter of the City of Atlanta Georgia, 1996 GA. LAWS, p. 4469, etseq., ARTICLE THREE, CHAPTER V be amended by deleting the existing Section 3-505 in its entirety and inserting in lieu thereof the following:
Section 3-505 Temporary engagement by contract, reemployment or election of persons retired under municipal laws.
(a) The mayor and council may authorize the engagement of any person who has retired under any of the pension laws, notwithstanding the age of such person, to render any special or particular service as an independent contractor, provided that such contract shall be for a period not exceeding 520 business days, whether continuously or in several sequential engagements. Such employees shall be entitled to receive their regular pension payments but shall acquire no further pension or civil service rights by virtue of such temporary contractual arrangement. No contractual engagement shall commence pursuant to this subsection until such time as the Department Head and Chief Financial Officer shall confer with the Mayor to confirm the exigency of retaining such particularized expertise within City government.
(b) In the event the particularized services required by the City are not amenable to an independent contractor agreement with a retiree, the City of Atlanta may reemploy a retiree for any single period of time, or any several periods of time, which shall not to exceed 520 business days, whether continuously or in sequential days of employment, for the purpose of availing the City of some particularized skill possessed by said retiree. During the period ofthis limited reemployment said retiree shall be entitled to continue to receive his or her regular pension payments, but shall not acquire any civil service rights or any further pension rights, and shall not be required to make any contribution to the pension fund. Limited reemployment pursuant to this subsection shall not commence until such time as the Department Head and Chief Financial Officer shall confer with the Mayor to confirm the exigency of retaining such particularized expertise within City government, and the Council shall have approved such reemployment by resolution.

4864_______MUNICIPAL HOME RULE ORDINANCES_________

(c) Nothing herein contained shall prevent any retiree from holding any office which is filled by an election by the people. No additional pension or civil service rights or privileges shall accrue to such officer or employee during such period and said retiree shall be entitled to continue to receive his or her regular pension payments.

Section Two: A copy of this proposed amendment to the Charter of the City of Atlanta, 1996 GA LAWS, p. 4469, et seq., ARTICLE THREE, CHAPTER V, Approved April 15, 1996, as amended shall be filed in the Office of the Clerks of the Superior Courts of Fulton and DeKalb Counties and the Notice of the Proposed Amendment to the Charter ofthe City ofAtlanta attached hereto as Exhibit "A" and made a part hereof by reference, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organs of Fulton county and DeKalb County, and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta.

Section Three: That all ordinances and parts of ordinances in conflict herewith are hereby repealed.

A true copy,

ADOPTED as amended by the Council SEP 03, 2002

s/ RHONDA DAUPHIN JOHNSON APPROVED by the Mayor SEP 11, 2002

Municipal Clerk, CMC

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA

NOTICE is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta, Georgia, 1996 GA. LAWS, p. 4469, et seq., ARTICLE THREE, CHAPTER V, Approved April 15, 1996, as amended, said Ordinance being captioned as follows:

AN ORDINANCE AND CHARTER AMENDMENT ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, O.C.G.A. SECTION 36-35-1, ET SEQ., AS AMENDED, SO AS TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., BY AMENDING ARTICLE THREE, CHAPTER V, SECTION 3-505 SO AS TO AUTHORIZE THE TEMPORARY REEMPLOYMENT OF RETIREES UNDER CERTAIN C IRCUMSTANCES; TOR EPEAL C ONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Office of the Clerks of the

____________GEORGIA LAWS 2003 SESSION__________4865
Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public.
This ____ day of ________, 2002
Municipal Clerk
EXHIBIT "A"
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, Amendment to the Charter was published in said newspaper on the following date(s):
08/15/02, 08/22/02, 08/29/02
s/ CAROLYN JERNIGAN-GLENN CAROLYN J. GLENN, PUBLISHER
Sworn to and subscribed before me this 08/29/02.
s/ DORCAS Y. JERNIGAN_______ Notary Public
My commission expires April 17, 2005.
THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY
330-075021 8/15, 8/22, 8/29 JH 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 t he C ity o f A tlanta, G eorgia, 1 996 G A. L aws, p . 4 469, e t s eq., Article Three, Chapter V, Approved April 15, 1996, as amended, said Ordinance being captioned as follows:

4866_______MUNICIPAL HOME RULE ORDINANCES__________
An Ordinance and Charter Amendment adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 O.C.G.A. Section 36-35-1, et seq., as amended, so as to amend the Charter of the City of Atlanta, Georgia, 1996 GA Laws p. 4469, et seq., by amending Article Three, Chapter V, Section 3-505 so as to authorize the temporary reemployment ofretirees under certain circumstances; to repeal conflicting ordinances; and for other purposes. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Office 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 30th Day Of July 2002.
Rhonda Dauphin Johnson Municipal Clerk, CMC
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
Before me, the undersigned, a Notary Public, this day personally came 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:
08/15/02, 08/22/02, 08/29/02
s/ ANTONIO BELL_____ Antonio Bell
Subscribed and sworn to before me this 08/29/02.
s/ KAWEEMAH NELSON Notary Public
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 o f t he C ity o f A tlanta, G eorgia, 1996 G A. L aws, p . 4 469, e t s eq.,

____________GEORGIA LAWS 2003 SESSION__________4867
Article Three, Chapter V, Approved April 15, 1996, as amended, said Ordinance being captioned as follows:
An Ordinance and Charter Amendment adopted under and by virtue ofthe authority of the Municipal Home Rule Act of 1965 O.C.G.A. Section 36-35-1, et seq., as amended, so as to amend the Charter of the City of Atlanta, Georgia, 1996 GA Laws p. 4469, et seq., by amending Article Three, Chapter V, Section 3-505 so as to authorize the temporary reemployment of retirees under certain circumstances; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Office 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 30th Day of July 2002.
Rhonda Dauphin Johnson Municipal Clerk, CMC #27:8/15-3ab
Filed in the Office of the Secretary of State October 16, 2002.

CITY OF ATLANTA - CHIEF PROCUREMENT OFFICER.

CITY COUNCIL ATLANTA, GEORGIA

02-O-1449

A REORGANIZATION CHARTER AMENDMENT BY s/ COUNCILMEMBER JIM MADDOX

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA TO EFFECT REORGANIZATION OF THE EXECUTIVE BRANCH PURSUANT TO SECTION 3-302 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (1996 GA LAWS P. 4469, ET SEQ., AS AMENDED), ADOPTED UNDER AND BY VIRTUE OF THE MUNICIPAL HOME RULE ACT OF 1965, O.C.G.A. 36-35-1, ETSEQ., SO AS TO DELETE APPENDIX IV IN ITS ENTIRETY FOR THE PURPOSE OF TRANSFERRING THE PROVISIONS THEREOF TO THE CODE OF ORDINANCES; TO AMEND ARTICLE SIX, CHAPTER FOUR, SECTION 6-402 TO SUBSTITUTE "CHIEF

4868_______MUNICIPAL HOME RULE ORDINANCES__________

PROCUREMENT OFFICER" FOR "DIRECTOR OF BUREAU OF PURCHASING AND REAL ESTATE;" TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

WHEREAS, in 1996 the Georgia General Assembly enacted a new Charter for the City ofAtlanta as a municipal corporation, 1996 Georgia Laws p. 4469, et seq. ; and

WHEREAS, prior to the 1996 Charter, the Administrative Organization of the Executive Branch of Government was found within the Charter, however the 1996 Charter Review Commission decided that such Administrative Organization more properly belongs in the Code of Ordinances; and

WHEREAS, the City's commercial codifier therefore created an Appendix IV to the Charter to maintain the administrative organization provisions until such time as they were transferred to the new City Code; and

WHEREAS, contemporaneously herewith the Mayor has proposed an ordinance to properly codify the Administrative Organization ordinance.

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS AS FOLLOWS:

Section One: Appendix IV of the Charter of the City of Atlanta is hereby repealed in its entirety.

Section Two:

That Article 6, Chapter 4, Section 6-402 of the Charter of the City of Atlanta be amended by substituting "ChiefProcurement Officer" in lieu of the "director of the bureau of purchasing and real estate."

Section Three: That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia 1996 Georgia Laws p. 4469, et seq., shall be filed in the Office of the Municipal Clerk and in the Offices of the Clerks of the Superior Courts of Fulton County and DeKalb County and that "NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA," attached hereto as Exhibit "A" and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County, and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the City Council of the City of Atlanta.

Section Three: That all ordinances and parts of ordinances in conflict herewith are hereby repealed.

____________GEORGIA LAWS 2003 SESSION_________4869

A true copy,

ADOPTED by the Council OCT 07, 2002

s/RHONDA DAUPHIN JOHNSON APPROVED by the Mayor OCT 15, 2002

Municipal Clerk, CMC

EXHIBIT A

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta, 1996 Georgia Laws p. 4469, et seq., as amended, entitled:

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA TO EFFECT REORGANIZATION OF THE EXECUTIVE BRANCH PURSUANT TO SECTION 3-302 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (1996 GA LAWS P. 4469, ET SEQ., AS AMENDED), ADOPTED UNDER AND BY VIRTUE OF THE MUNICIPAL HOME RULE ACT OF 1965,0.C.G.A. 36-35-1, ETSEQ., SO AS TO DELETE APPENDIX IV IN ITS ENTIRETY FOR THE PURPOSE OF TRANSFERRING THE PROVISIONS THEREOF TO THE CODE OF ORDINANCES; TO AMEND ARTICLE SIX, CHAPTER FOUR, SECTION 6-402 TO SUBSTITUTE "CHIEF PROCUREMENT OFFICER" FOR "DIRECTOR OF BUREAU OF PURCHASING AND REAL ESTATE;" TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

A copy ofthe proposed amendment is on file in the Office ofthe Municipal Clerk and in the Offices of the Clerks of the Superior Courts of Fulton County and DeKalb County, Georgia, for the purpose of examination and inspection by the public.

This _____ day of _________, 2002.

Rhonda Dauphin Johnson Municipal Clerk

4870_______MUNICIPAL HOME RULE ORDINANCES___________
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, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:
08/29/02, 09/05/02, 09/12/02
s/ ANTONIO BELL_____ Antonio Bell
Subscribed and sworn to before me this 09/12/02.
s/ KAWEEMAH NELSON Notary Public
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, Georgia, 1996 Georgia Laws, p. 4469, et. seq., as amended, entitled:
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA TO EFFECT REORGANIZATION OF THE EXECUTIVE BRANCH PURSUANT TO SECTION 3-302 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (1996 GA LAWS P. 4469, ET SEQ., AS AMENDED), ADOPTED UNDER AND BY VIRTUE OF THE MUNICIPAL HOME RULE ACT OF 1965, O.C.G.A. 36-35-1, ET SEQ., SO AS TO DELETE APPENDIX IV IN ITS ENTIRETY FOR THE PURPOSE OF TRANSFERRING THE PROVISIONS THEREOF TO THE CODE OF ORDINANCE; TO AMEND ARTICLE SIX, CHAPTER FOUR, SECTION 6-402 TO SUBSTITUTE "CHIEF PROCUREMENT OFFICER" FOR "DIRECTOR OF BUREAU OF PURCHASING AND REAL ESTATE;" TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

____________GEORGIA LAWS 2003 SESSION__________4871
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 23rd Day of August 2002.
Rhonda Dauphin Johnson Municipal Clerk, CMC
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, 02-0-1449 was published in said newspaper on the following date(s):
09/05/02, 09/12/02, 09/19/02
s/ CAROLYN JERNIGAN-GLENN CAROLYN J. GLENN, PUBLISHER
Sworn to and subscribed before me this 09/19/02.
s/ DORCAS Y. JERNIGAN_______ Notary Public My commission expires April 17, 2005.
THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY
Filed in the Office of the Secretary of State October 21, 2002.
CITY OF FITZGERALD - TELECOMMUNICATIONS SYSTEM NETWORK.
Ordinance Number 02-1305
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF FITZGERALD BY ADDING A NEW SECTION IMMEDIATELY FOLLOWING

4872_______MUNICIPAL HOME RULE ORDINANCES_________
SUBSECTION 55(a), TO BE DESIGNATED AS SUBSECTION 55(a)(l), SO AS TO PROVIDE FOR ADDITIONAL POWERS, DUTIES, AND AUTHORITY TO THE FITZGERALD WATER, LIGHT, AND BOND COMMISSION WITH RESPECT TO A TELECOMMUNICATIONS SYSTEMS NETWORK; TO REPEAL ALL OTHER ACTS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.
WHEREAS, the City ofFitzgerald, Georgia, a municipal corporation ofthe State of Georgia (the "City"), operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved August 17, 1914 (Ga. L. 1914, p. 835), 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 Fitzgerald, Georgia, and IT IS HEREBY ORDAINED, by the authority ofthe same, as follows:
Section 1. The Charter of the City of Fitzgerald, Georgia, which was established by an Act creating a new Charter for the City of Fitzgerald, Georgia, approved on August 17, 1914 (Ga. L. 1914, p. 835), as amended, is hereby amended by adding a new section to read as follows:
"Subsection 55(a)(l). Telecommunications. Said Water, Light, and Bond Commission 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 Fitzgerald, 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.

____________GEORGIA LAWS 2003 SESSION__________4873

Section 3. If any part of this ordinance shall be declared void, it is the intent and the purpose hereofthat all other provisions not so declared void shall remain in full force and effect.

Section 4. The 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 Fitzgerald Herald-Leader, the official newspaper in which Sheriffs advertisements are published in Ben Hill 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 Fitzgerald Herald-Leader to execute an affidavit of such publication.

This ordinance was introduced and read at a lawful meeting of the Council of the City of Fitzgerald held on September 9,2002 and read the second time, passed, and adopted in like meeting held on October 14, 2002.

[SEAL]

CITY OF FITZGERALD, GEORGIA

Attest:
s/ MS. LINDA T. SAUNDERS Ms. Linda T. Saunders, City Clerk

s/ GERALD H. THOMPSON Mr. Gerald H. Thompson, Mayor

CLERK'S CERTIFICATE

NOW COMES the undersigned Clerk of the City of Fitzgerald, Georgia (the "City"), keeper ofthe records and seal thereof, and certifies that the foregoing pages of typewritten matter constitute a true and correct copy of an Ordinance duly adopted by the City in a public meeting properly and lawfully assembled on October 14, 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 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 14th day of October, 2002.

[SEAL]

s/ MS. LINDA T. SAUNDERS Ms. Linda T. Saunders, Clerk

4874_______MUNICIPAL HOME RULE ORDINANCES________
Exhibit "A"
NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF FITZGERALD, 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 FITZGERALD, GEORGIA BEN HILL COUNTY
Notice is hereby given that an ordinance that was introduced on August 12,2002, will be read for final adoption on the 14th day of October, 2002, to amend the Charter of the City of Fitzgerald, Georgia, which was created by an act amended on August 17, 1914 (Ga. L 1914, p. 835), as amended, so as to authorize the Fitzgerald Water, Light, and Bond Commission 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 Fitzgerald, Georgia is on file in the office of the Clerk of the City of Fitzgerald, and is on file in the office of the Clerk of the Superior Court of Ben Hill County, Georgia, for the purpose of examination and inspection by the public, all as required by law.
This 9th day of September, 2002.
s/ MS. LINDA T. SAUNDERS Ms. Linda T. Saunders, City Clerk
STATE OF GEORGIA COUNTY OF BEN HILL
Personally appeared before the undersigned attesting officer, Tim Anderson, who, on oath deposes and says that he is the publisher of that newspaper known as the The Fitzgerald Herald-Leader, which publishes a weekly edition, and that the The Fitzgerald Herald-Leader published on Wednesday of each week is the newspaper in which Sheriffs advertisements for Ben Hill 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 Fitzgerald, Georgia was published in the The Fitzgerald Herald-Leader on the 18th day of September, 2002, and on the 25th day of September, 2002, and on the 2nd day of October, 2002.

____________GEORGIA LAWS 2003 SESSION__________4875
This 2nd day of October, 2002.
s/ TIM ANDERSON_____ Tim Anderson, Affiant
Sworn to and subscribed before me this 2nd day of October, 2002.
s/ LINDA T. SAUNDERS____ Notary Public, Ben Hill County, Georgia My Commission Expires Sept. 5, 2005
Filed in the Office of the Secretary of State October 21, 2002.
CITY OF PEACHTREE CITY - MUNICIPAL COURT; PROSECUTING OFFICER.
ORDINANCE NO.
AN ORDINANCE TO AMEND SECTION 2.15 OF THE PEACHTREE CITY CODE OF ORDINANCES AND TO REPLACE IT WITH THE FOLLOWING ORDINANCE TO PROVIDE FOR OPTIONS IN CITY ATTORNEY DUTIES AND RESPONSIBILITIES AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF PEACHTREE CITY, and it is hereby ordained by authority of the same, that Section 2.15 be amended and replaced with the following:
(1) The city council shall appoint a city attorney, which may be a law firm, and shall provide for 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 unless the city council appoints a separate attorney or law firm to be the prosecuting officer as provided below; 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. The city council may, in its discretion, appoint an attorney or law firm who is not the same person or law firm as the city attorney to serve as the prosecuting officer in municipal court.

4876_______MUNICIPAL HOME RULE ORDINANCES________
(2) All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
Done, Ratified and Passed this 7th day of November, 2002.
s/ STEVE BROWN_______ Mayor
s/ ANNIE W. MCMENAMIN
s/ DAN TENNANT______
s/ STEVE RAPSON______
s/ MURRAY WEED______
s/JANES. MILLER______ Attest City Clerk
Legal 8562
PUBLIC NOTICE City of Peachtree City Public Hearing/Adoption of Charter
Revisions
The City Council of Peachtree City will hold a public hearing on Thursday, October 17, 2002, and Thursday, November 7, 2002, at 7:00 p.m. It will be held in the City Hall Council Chambers at 151 Willowbend Road in Peachtree City. All interested parties are invited to attend and be heard. An ordinance to formally adopt the charter changes will be considered as a regular agenda item on Thursday, October 17,2002, and Thursday, November 7,2002, at 7:00 p.m.
The purpose of the hearing is to allow for public discussion of the proposed changes to the City of Peachtree City Charter. The proposed changes would allow for, but not require, Council to appoint separate entities to serve as City Attorney and City Solicitor.
Copies of the proposed charter changes are on file in the City Clerk's office of Peachtree City, at City Hall, 151 Willowbend Road, and in the Office of the Clerk of the Superior Court of Fayette County, 181 Johnson Avenue, Fayetteville. Copies are also available for review at the Peachtree City

____________GEORGIA LAWS 2003 SESSION__________4877
Library, 153 Willowbend Road, and on the official city web site, www.peachtree-city.org.
October 9,16, 23, 2002
AFFIDAVIT OF PUBLICATION
STATE OF GEORGIA COUNTY OF FAYETTE
PERSONALLY appeared before the undersigned, Chuck Morley, who have duly sworn, on oath that he is the General Manager of Fayette Newspapers, Inc., and that the attached legal advertisement (Legal # 8562 ) for Adoption of Charter Revisions. City of Peachtree City was published in the Fayette Daily News and/or Today in Peachtree City on the following dates:
October 9, 16,232002
s/ CHUCK MORLEY Affiant
Sworn to and subscribed before me this 23rd day of October 2002
s/ MELISSA WALDREP__________ Notary Public
My Commission Expires: Notary Public, Fayette County, Georgia My Commission Expires Sept. 8, 2006
Filed in the Office of the Secretary of State November 13, 2002.

4878_______MUNICIPAL HOME RULE ORDINANCES_________

CITY OF EAST POINT - COUNCIL WARDS; REDISTRICTING.
STATE OF GEORGIA CITY OF EAST POINT
ORDINANCE

020-01

AN ORDINANCE PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, et. seq.) AMENDING THE MUNICIPAL CHARTER OF THE CITY OF EAST POINT, GEORGIA, APPROVED AUGUST 19, 1912 (Ga. L. 1912, p. 862, et. seq.), AND THE SEVERAL ACTS AMENDATORY THEREOF INCLUDING THAT ACT APPROVED MARCH 9, 1972 (Ga. L. 1972, p. 2151, et. seq.), TO ESTABLISH BOUNDARIES FOR WARDS A, B, C, AND D BASED UPON THE APPROVED REDISTRICTING PLAN PREPARED FOR THE RESULTS OF THE 2000 DECENNIAL CENSUS; TO PROVIDE FOR COMPLIANCE WITH THE MUNICIPAL HOME RULE ACT OF 1965; TO PROVIDE FOR ENROLLMENT; TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAST POINT, AND IS HEREBY ORDAINED BY AUTHORITY OF SAME THAT:
An Act establishing a new Charter for the City of East Point approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) as amended, is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), as follows:
Section 1. Section 1-102(2) of the Charter of the City of East Point is deleted in its entirety and inserted in lieu thereof is the following:
Said city shall be divided into four (4) wards, to wit: Wards A, B, C and D, which are more particularly described as follows:
(a) Ward A: The boundaries of Ward A of said city areas follows: Commencing at a point on the northern line of the city limits of the City of East Point formed by the intersection of the northerly city limits line of the City of East Point and the center line of Delowe Drive; thence along the city limits line of the City of East Point easterly, northerly, easterly, and southerly to a point where said city limits line intersects with the center line ofUtoy Creek Fork; thence west along the center line of Utoy Creek Fork to the center line of Stanton Road; thence southernly along the center line of Stanton Road to the center line of State Road 166; thence easterly along the center line of State Road 166 to a point

____________GEORGIA LAWS 2003 SESSION__________4879
where said center line would intersect with the center line of Lawrence Avenue, if Lawrence Avenue were extended to said intersecting point; thence southernly along the center line of Lawrence Avenue to a point formed by the intersection of the center line of Lawrence Avenue and the center line of Main Street, if Lawrence Avenue were extended to the center of Main Street; thence southernly along the center line of Main Street to the city limits of the City of East Point, thence westerly along said city limits to the point where would lie the center line of Delowe Drive, if said center line were extended to form an intersection with the southerly limits ofthe City ofEast Point; thence northerly along the center line Delowe Drive and following the meandering thereofto its point of intersection with the northerly limits of the City of East Point and the point of beginning.
(b) Ward B: The boundaries of Ward B of said city are as follows: Commencing at a point at the easternmost intersection of the city limits of the City of East Point and the center line of Utoy Creek Fork; thence southernly along said city limits and following said city limits to the center line of Main Street in Land Lot 158 of the 14th District, Fulton County, Georgia; thence northerly along the center line of Main Street to a point formed by the intersection of said center line with the center line ofLawrence Avenue, if Lawrence Avenue were extended to the center of Main Street; thence northerly along the center line of Lawrence Avenue to a point formed by the intersection of said center line with the center line of State Road 166, if Lawrence Avenue were extended to the center of State Road 166; thence westerly along the center line of State Road 166 to the point of intersection of said center line with the center line of Stanton Road; thence northerly along the center line of Stanton Road to the center line of Utoy Creek Fork; thence easterly along the center line of Utoy Creek Fork to the city limits of the City of East Point and the point of beginning.
(c) Ward C: The boundaries of Ward C of said city are as follows: Commencing at a point on the northern limits of the city limits of the City of East Point where said city limits line intersects with the center line of Delowe Drive; thence south along the center line of Delowe Drive and following the meandering thereof to a point formed by the intersection of the center line of Delowe Drive with the southerly limits of the City of East Point, if the center line of Delowe Drive were extended to form a point of intersection; thence westerly along the southerly limits of the City of East Point and following the meanderings thereof to a point formed by the intersection of the city limits of the City of East Point with the center line of Dodson Drive Connector, if said center line were extended to form a point of intersection; thence northerly along the center line of Dodson Drive Connector to a point formed by the intersection of Dodson Drive Connector and the center line of Stone Road, if the respective center lines were extended to form a point of intersection;

4880_______MUNICIPAL HOME RULE ORDINANCES__________
running thence easterly along the center line of Stone Road to a point formed by the intersection of the center line of Stone Road with the center line of Pebble Drive, if the respective center lines were extended to form a point of intersection; thence northerly along the center line of Pebble Drive to a point formed by the intersection of the center line of Pebble Drive with the center line of Beech Drive, if said center lines were extended to form a point of intersection; thence easterly, northeasterly and northwesterly and following the meanderings of the center line of Beech Drive to its point of intersection with the center line of Camp Creek North Fork; thence northwesterly along the center line of Camp Creek North Fork to the point of intersection of said center line with the center line ofDodson Drive; thence northerly along the center line of Dodson Drive to the point of intersection of said center line with the center line of Hogan Road; thence westerly along the center line of Hogan Road to its point of intersection with the westerly limits of the city limits of the City of East Point at the west line of Land Lot 221 of the Fourteenth District of Fulton County, Georgia; thence northerly and easterly along the city limits line of the City of East Point and following the meanderings thereof to a point on the northen limits of the city limits of the City of East Point where said city limits line intersects with the center line of Delowe Drive and the point of beginning.
(d) Ward D: The boundaries of Ward D of said city are as follows: Commencing at a point on the southerly city limits line of the City of East Point in Land Lot 194 of the Fourteenth District of Fulton County, Georgia, formed by the intersection of said city limits line with the center line of Dodson Drive Connector, if said center line were extended to form a point of intersection; thence southerly along the city limits of the City of East Point and following the meanderings thereof to a point on the westerly limits of the City of East Point formed by the intersection of said city limits line with the center line of Hogan Road; thence easterly along the center line of Hogan Road to a point formed by the intersection of the center line of Hogan Road with the center line of Dodson Drive, if the respective center lines were extended to form a point of intersection; thence southerly along the center line of Dodson Drive to a point formed by the intersection of the center line of Dodson Drive and the center line of Camp Creek North Fork; thence easterly and southerly along the center line of Camp Creek North Fork to a point formed by the intersection of said center line with the center line of Beech Drive; thence southerly along the center line of Beech Drive to the point of intersection of said center line with the center line of Pebble Drive, if the respective center lines were extended to form a point of intersection; thence southerly along the center line of Pebble Drive to a point formed by the intersection of said center line with the center line of Stone Road if the center line of Pebble Drive was extended to form a point of intersection; thence westerly along the center line of Stone Road to point formed by the intersection of said center line with the center line of Dodson Drive Connector if the respective center lines were extended to form

____________GEORGIA LAWS 2003 SESSION__________4881
an intersection; thence south, southeasterly and south along the center line of Dodson Drive Connector to a point formed by the intersection of said center line, if extended with the limits of the City of East Point on its southern boundary and the point of beginning.
Section 2 The City Clerk of East Point, Georgia, is hereby directed to publish a notice containing a synopsis of this proposed ordinance in the official organ of Fulton County, Georgia, and in the official newspaper ofthe City ofEast Point once a week for three weeks within a period of sixty days immediately preceding the final adoption of this ordinance. Said City Clerk shall further file a copy of this proposed ordinance in the office of said clerk and in the office of the clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public. Said City Clerk is further directed to furnish anyone upon written request a copy ofthis proposed ordinance. Upon adoption ofthis ordinance by the City Council, the City Clerk is instructed within thirty days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Georgia Laws thereafter.
Section 3 This Ordinance shall become effective upon final adoption.
Section 4 Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared invalid or unconstitutional, such adjudication shall in no manner effect the previously existing provisions of the other sections, subsections, sentences, clauses or phrases of this ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clauses or phrases so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The City Council hereby declares that it would have passed the remaining parts of this ordinance or retained the previously existing provisions if it had known that such part or parts hereofwould be declared or adjudicated invalid or unconstitutional.
First Reading August 20, 2001
Second Reading September 4, 2001
This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved.
This ____ day of September, 2001.
s/ PATSY JO MILLIARD____ PATSY JO MILLIARD, MAYOR

4882_______MUNICIPAL HOME RULE ORDINANCES
ATTEST:
s/ BRENDA JAMES______ BRENDA JAMES, CITY CLERK
November 8, 2002
TO WHOM IT MAY CONCERN:
I, Brenda B. James, City Clerk for the City of East Point, Georgia do hereby certify that I am the keeper of the seal, minutes and records of said city; that the attached is a true, correct and exact copy of the Ordinances in the City Clerk's Office in the city of East Point, Georgia.
1. Copy of City Ordinance; Section 1-102 amending the Municipal Charter of the city of East Point. 2. Affidavit of Publication from Neighbor Newspapers and Tear Sheets
IN WITNESS WHEREOF I have hereunto affixed my official signature and the corporate seal of said city this 8th day of November 2002.
s/ BRENDA B. JAMES Brenda B. James, City Clerk
(City Seal)
AFFIDAVIT OF PUBLICATION
I, Wade W. Stephens do solemnly swear that I am Advertising Director of the Marietta Daily Journal, Cherokee Tribune, and Neighbor Newspapers, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisement of:
The City of East Point, regarding^
"Notice of Home Rule Ordinance"
was inserted in the South Fulton Neighbor on August 08, 2001.
si WADE W. STEPHENS Wade W. Stephens

____________GEORGIA LAWS 2003 SESSION__________4883
Subscribed and sworn to before this 28th day of October, 2002.
s/ALICE F. DAVIS Alice F. Davis
Notary Public, Cobb County, Georgia My Commission Expires August 20, 2004
AFFIDAVIT OF PUBLICATION
I, Wade W. Stephens do solemnly swear that I am Advertising Director of the Marietta Daily Journal, Cherokee Tribune, and Neighbor Newspapers, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisement of:
The City of East Point, regarding:
"Notice of Home Rule Ordinance"
was inserted in the South Fulton Neighbor on August 15,2001.
s/ WADE W. STEPHENS Wade W. Stephens
Subscribed and sworn to before this 28th day of October, 2002.
s/ ALICE F. DAVIS Alice F. Davis
Notary Public, Cobb County, Georgia My Commission Expires August 20, 2004
AFFIDAVIT OF PUBLICATION
I, Wade W. Stephens do solemnly swear that I am Advertising Director of the Marietta Daily Journal, Cherokee Tribune, and Neighbor Newspapers, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisement of:
The City of East Point, regarding!
"Notice of Home Rule Ordinance"
was inserted in the South Fulton Neighbor on August 22, 2001.

4884_______MUNICIPAL HOME RULE ORDINANCES__________
s/ WADE W. STEPHENS Wade W. Stephens
Subscribed and sworn to before this 28th day of October, 2002.
s/ ALICE F. DAVIS Alice F. Davis
Notary Public, Cobb County, Georgia My Commission Expires August 20, 2004
NOTICE OF HOME RULE ORDINANCE
At its regularly scheduled meeting on August 20, 2001 at 7:30 p.m., and at 2777 East Point Street, East Point, Georgia, the City Council of the City of East Point will consider for adoption the following Ordinance to amend the City Charter. The second and final reading of the Ordinance will be held on September 4, 2001 at 7:30 p.m.:
ORDINANCE
AN ORDINANCE PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, et. seq.) AMENDING THE MUNICIPAL CHARTER OF THE CITY OF EAST POINT, GEORGIA, APPROVED AUGUST 19, 1912 (Ga. L. 1912, p. 862, et. seq.), AND THE SEVERAL ACTS AMENDATORY THEREOF INCLUDING THAT ACT APPROVED MARCH 9, 1972 (Ga. L. 1972, p. 2151, et. seq.), TO ESTABLISH BOUNDARIES FORWARDS A, B, C, AND D BASED UPON THE APPROVED REDISTRICTING PLAN PREPARED FOR THE RESULTS OF THE 2000 DECENNIAL CENSUS; TO PROVIDE FOR COMPLIANCE WITH THE MUNICIPAL HOME RULE ACT OF 1965; TO PROVIDE FOR ENROLLMENT; TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAST POINT, AND IS HEREBY ORDAINED BY AUTHORITY OF SAME THAT:
An Act establishing a new Charter for the City of East Point approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) as amended, is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), as follows:
Section 1. Section 1-102(2) of the Charter of the City of East Point is deleted in its entirety and inserted in lieu thereof is the following:

____________GEORGIA LAWS 2003 SESSION__________4885
Said city shall be divided into four (4) wards, to wit: Wards A, B, C and D, which are more particularly described as follows:
(a) Ward A: The boundaries of Ward A of said city are as follows: Commencing at a point on the northern line of the city limits of the City of East Point formed by the intersection of the northerly city limits line of the City of East Point and the center line of Delowe Drive; thence along the city limits line of the City of East Point easterly, northerly, easterly, and southerly to a point where said city limits line intersects with the center line ofUtoy Creek Fork; thence west along the center line of Utoy Creek Fork to the center line of Stanton Road; thence southernly along the center line of Stanton Road to the center line of State Road 166; thence easterly along the center line of State Road 166 to a point where said center line would intersect with the center line of Lawrence Avenue, if Lawrence Avenue were extended to said intersecting point; thence southernly along the center line of Lawrence Avenue to a point formed by the intersection of the center line of Lawrence Avenue and the center line of Main Street, if Lawrence Avenue were extended to the center of Main Street; thence southernly along the center line of Main Street to the city limits of the City of East Point, thence westerly along said city limits to the point where would lie the center line of Delowe Drive, if said center line were extended to form an intersection with the southerly limits of the City of East Point; thence northerly along the center line Delowe Drive and following the meandering thereof to its point of intersection with the northerly limits of the City of East Point and the point of beginning.
(b) Ward B: The boundaries of Ward B of said city are as follows: Commencing at a point at the easternmost intersection of the city limits of the City of East Point and the center line of Utoy Creek Fork; thence southernly along said city limits and following said city limits to the center line of Main Street in Land Lot 158 of the 14th District, Fulton County, Georgia; thence northerly along the center line of Main Street to a point formed by the intersection of said center line with the center line ofLawrence Avenue, ifLawrence Avenue were extended to the center of Main Street; thence northerly along the center line of Lawrence Avenue to a point formed by the intersection of said center line with the center line of State Road 166, if Lawrence Avenue were extended to the center of State Road 166; thence westerly along the center line of State Road 166 to the point of intersection of said center line with the center line of Stanton Road; thence northerly along the center line of Stanton Road to the center line of Utoy Creek Fork; thence easterly along the center line of Utoy Creek Fork to the city limits of the City of East Point and the point of beginning.
(c) Ward C: The boundaries of Ward C of said city are as follows: Commencing at a point on the northern limits of the city limits of the City of East Point

4886_______MUNICIPAL HOME RULE ORDINANCES_________
where said city limits line intersects with the center line of Delowe Drive; thence south along the center line of Delowe Drive and following the meandering thereof to a point formed by the intersection of the center line of Delowe Drive with the southerly limits of the City of East Point, if the center line of Delowe Drive were extended to form a point of intersection; thence westerly along the southerly limits of the City of East Point and following the meanderings thereof to a point formed by the intersection of the city limits of the City of East Point with the center line of Dodson Drive Connector, if said center line were extended to form a point of intersection; thence northerly along the center line of Dodson Drive Connector to a point formed by the intersection of Dodson Drive Connector and the center line of Stone Road, if the respective center lines were extended to form a point of intersection; running thence easterly along the center line of Stone Road to a point formed by the intersection of the center line of Stone Road with the center line of Pebble Drive, if the respective center lines were extended to form a point of intersection; thence northerly along the center line of Pebble Drive to a point formed by the intersection of the center line of Pebble Drive with the center line of Beech Drive, if said center lines were extended to form a point of intersection; thence easterly, northeasterly and northwesterly and following the meanderings of the center line of Beech Drive to its point of intersection with the center line of Camp Creek North Fork; thence northwesterly along the center line of Camp Creek North Fork to a point of intersection of said center line with the center line ofDodson Drive; thence northerly along the center line of Dodson Drive to the point of intersection of said center line with the center line of Hogan Road; thence westerly along the center line of Hogan Road to its point ofintersection with the easterly limits ofthe city limits ofthe City ofEast Point at the west line of Land Lot 221 of the Fourteenth District of Fulton County, Georgia; thence northerly and easterly along the city limits line of the City of East Point and following the meanderings thereof to a point on the northen limits of the city limits of the City of East Point where said city limits line intersects with the center line of Delowe Drive and the point of beginning.
(d) Ward D: The boundaries of Ward D of said city are as follows: Commencing at a point on the southerly city limits line of the City of East Point in Land Lot 194 of the Fourteenth District of Fulton County, Georgia, formed by the intersection of said city limits line with the center line of Dodson Drive Connector, if said center line were extended to form a point of intersection; thence southerly along the city limits of the City of East Point and following the meanderings thereof to a point on the westerly limits of the City of East Point formed by the intersection of said city limits line with the center of Hogan Road; thence easterly along the center line of Hogan Road to a point formed by the intersection of the center line of Hogan Road with the center line of Dodson Drive, if the respective center lines were extended to form a point of intersection; thence southerly along the center line of Dodson Drive to a

____________GEORGIA LAWS 2003 SESSION__________4887
point formed by the intersection of the center line of Dodson Drive and the center line of Camp Creek North Fork; thence easterly and southerly along the center line of Camp Creek North Fork to a point formed by the intersection of said center line with the center line of Beech Drive; thence southerly along the center line of Beech Drive to the point of intersection of said center line with the center line of Pebble Drive, if the respective center lines were extended to form a point of intersection; thence southerly along the center line of Pebble Drive to a point formed by the intersection of said center line with the center line of Stone Road, if the center line of Pebble Drive was extended to form a point of intersection; thence westerly along the center line of Stone Road to point formed by the intersection of said center line with the center line of Dodson Drive Connector, if the respective center lines were extended to form an intersection; thence south, southeasterly and south along the center line of Dodson Drive Connector to a point formed by the intersection of said center line, if extended with the limits of the City of East Point on its southern boundary and the point of beginning.
Brenda James City Clerk City of East Point 2777 East Point Street East Point, Georgia 30344
David Jean Couch City Attorney City of East Point 2860 Church Street East Point, Georgia 30344
Filed in the Office of the Secretary of State November 14, 2002.
CITY OF EAST POINT - EMPLOYEES RETIREMENT PLAN.
STATE OF GEORGIA
CITY OF EAST POINT
ORDINANCE
AN ORDINANCE PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (GA. L. 1965, p. 298, et. seq.) AMENDING THE MUNICIPAL CHARTER OF THE CITY OF EAST POINT, GEORGIA, APPROVED AUGUST 19, 1912 (Ga. L. 1912, p. 862, et. seq.), AND THE SEVERAL ACTS AMENDATORY

4888_______MUNICIPAL HOME RULE ORDINANCES_________
THEREOF INCLUDING THAT ACT APPROVED MARCH 9, 1972 (Ga. L. 1972, p. 2151, et. seq.), TO RESTATE AND AMEND THE EMPLOYEES RETIREMENT PLAN; TO PROVIDE FOR COMPLIANCE WITH THE MUNICIPAL HOME RULE ACT OF 1965; TO PROVIDE FOR ENROLLMENT; TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAST POINT, AND IS HEREBY ORDAINED BT AUTHORITY OF SAME THAT:
An Act establishing a new Charter for the City of East Point approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) as amended, is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), as follows:
Section 1. The provisions for the Employees Retirement Plan are hereby restated in their entirety as the Retirement Plan Restatement attached as Exhibit A incorporated to this Ordinance.
Section 2. Section 2 of the Home Rule Retirement Plan Ordinance adopted December 6, 1999 is deleted and inserted in lieu thereof is the following:
"Members ofthe governing authority who were elected on or after April 1,1992, and who are serving as an elected member of the governing authority on the inclusion date may include for past service credit services performed as a member of the governing authority prior to the inclusion date as provided in this section. On or before December 31,2001, a member of the governing authority on the inclusion date shall contribute to the Plan the amount of contributions which would have been required under this Plan had the member been an active participant as a member of the governing authority during the subject service, with interest at the applicable Plan rate to the date of contribution. If such contributions are not made by December 31,2001 such prior service shall not be included as credited service."
This amendment is applied retroactively to December 6, 1999.
Section 3. The City Clerk of East Point, Georgia, is hereby directed to publish a notice containing a synopsis of this proposed ordinance in the official organ of Fulton County, Georgia, and in the official newspaper ofthe City ofEast Point once a week for three weeks within a period of sixty days immediately preceding the final adoption of this ordinance. Said City Clerk shall further file a copy of this proposed ordinance in the office of said clerk and in the office of the clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public. Said City Clerk is further directed to furnish anyone upon

_____________GEORGIA LAWS 2003 SESSION__________4889
written request a copy of this proposed ordinance. Upon adoption of this ordinance by the City Council, the City Clerk is instructed within thirty days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Georgia Laws thereafter.
Section 4. This Ordinance shall become effective upon final adoption.
Section5. Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared invalid or unconstitutional, such adjudication shall in no manner effect the previously existing provisions of the other sections, subsections, sentences, clauses or phrases of this ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clauses or phrases so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The City Council hereby declares that it would have passed the remaining parts of this ordinance or retained the previously existing provisions if it had known that such part or parts hereofwould be declared or adjudicated invalid or unconstitutional.
First Reading May 6, 2002 Second Reading May 20, 2002
This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved.
This 20th day of May, 2002.
s/ PATSY J BILLIARD_____ PATSY JO BILLIARD, MAYOR
ATTEST:
s/ BRENDA B. JAMES BRENDA JAMES, CITY CLERK

4890_______MUNICIPAL HOME RULE ORDINANCES________
CITY OF EAST POINT EMPLOYEES RETIREMENT PLAN
As Amended and Restated January 1, 2001
CITY OF EAST POINT EMPLOYEES RETIREMENT PLAN
STATEMENT OF PURPOSE
A. BACKGROUND The Plan initially was adopted and effective June 19, 1975 and subsequently
amended and restated at various times. The Plan, as set forth in this document, is intended and should be construed as a restatement and continuation of the Plan as previously in effect. This restatement is intended to (i) consolidate various amendments made to the Plan since the last restatement, (ii) clarify and modify certain provisions ofthe Plan, and (iii) bring the Plan into compliance with laws and regulations enacted or issued prior to the effective date of this restatement.
B. PURPOSE The primary purpose of the Plan is to recognize employees' contributions to the
operations of the City of East Point and to reward the same by providing eligible employees with an opportunity to accumulate a retirement benefit for their future security and that of their beneficiaries.
C. TYPE OF PLAN The Plan is intended to be a governmental defined benefit pension plan qualified
under Section 401(a), with the related Trust qualified under Section 501(a), of the Internal Revenue Code of 1986, as amended.
D. APPLICABILITY OF RESTATEMENT The Plan is hereby amended, restated and adopted by the City Council, effective
January 1, 2001. Any person who is covered by the Plan as in effect before January 1, 2001, and who retired or otherwise terminated employment before January 1, 2001, shall continue to be entitled to the rights and benefits (if any) provided under the Plan as in effect on his retirement or termination of employment.
The Accrued Benefit of an Eligible Employee who is a Participant in the Plan as of January 1, 2001, shall not in any circumstances be less than the Participant's Accrued Benefit as of December 31,2000, determined under the terms of the prior Plan as in effect on December 31, 2000.

_________GEORGIA LAWS 2003 SESSION__________4891

CITY OF EAST POINT EMPLOYEES RETIREMENT PLAN TABLE OF CONTENTS

ARTICLE 1 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13
1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21

DEFINITIONS Accrued Retirement Benefit Actuarial Equivalent Actuary Applicable Benefit Percentage Average Monthly Compensation Beneficiary Break in Service Board City Council Code Compensation Continuous Service Credited Service
Defined Benefit Dollar Limitation Defined Benefit Plan Effective Date Eligible Employee Employee Employer Firefighters Leave of Absence

4892

MUNICIPAL HOME RULE ORDINANCES

1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 ARTICLE 2 2.01 2.02 ARTICLE 3
3.01
3.02 3.03 3.04 3.05 3.06 3.07 3.08

Participant Plan Plan Administrator Plan Year Police Officers Qualified Spouse Retired Participant Retirement Plan Rollover Distribution Trust Agreement Trustee Trust Fund Year of Credited Service ELIGIBILITY AND PARTICIPATION Participation Reemployment RETIREMENT DATES AND BENEFITS Normal Retirement Early Retirement Delayed Retirement Disability Retirement Termination of Employment Rehired Retiree Pensioner Benefit Increases Direct Rollover Distribution

GEORGIA LAWS 2003 SESSION

4893

3.09 ARTICLE 4
4.01 4.02 4.03 ARTICLE 5 5.01 5.02 ARTICLE 6 6.01 6.02 6.03 6.04 6.05
6.06 6.07 6.08 6.09 6.10 6.11 6.12 6.13 ARTICLE 7 7.01

Forfeiture of Benefits DEATH BENEFITS Designation of Beneficiary Death Before Retirement Death After Retirement FUNDING Trust Fund Contributions PENSION BOARD Appointment, Resignation, Removal Procedure Power and Duties Benefit Application and Claims Procedure Election of Chairman & Secretary and Appointment of Advisors Appointment of Plan Administrator Duties of Plan Administrator Liability of Board Compensation and Expenses Information Furnished to Board Examination by Participants Nondiscriminatory Action Annual Audit AMENDMENTS AND TERMINATION Amendment of the Plan

4894

MUNICIPAL HOME RULE ORDINANCES

7.02 ARTICLE 8
8.01 8.02 8.03 8.04 8.05 8.06 8.07 8.08 8.09 8.10 8.11 8.12 8.13 ARTICLE 9 9.01
9.02
9.03 ARTICLE 10 ARTICLE 11
11.01 11.02 11.03

Termination of the Plan MISCELLANEOUS Small Benefits Plan Not a Contract of Employment Misstatement in Application of Benefits Missing Persons Qualified Domestic Relations Order Persons Under Legal Disability Forms and Proofs Nondiversion Limitations of Rights and Obligations Nonassignability Written Communications Required Forfeitures Construction and Law Governing CODE 415 LIMITATIONS ON BENEFITS Code 415 Limitations on Benefits Attributable to Employer Contributions Special Definition Applicable to Code 415 Limitations Compliance with Code 415 REQUIRED DISTRIBUTIONS PRIOR PLAN MINIMUM BENEFITS Eligible Participants Average Monthly Compensation Normal Retirement date

__________GEORGIA LAWS 2003 SESSION________4895

11.04 11.05 11.06
11.07 11.08 11.09 11.10 11.11

Accrued Benefit Deferred Retirement Termination of Employment Before Normal Retirement Date Disability Benefits Normal Form of Benefit Payment Death Benefits Cost of Living Increases Council Participation

ARTICLE 1

DEFINITIONS

For purposes of the Plan, the following terms, when used with an initial capital letter, shall have the meanings set forth below unless a different meaning plainly is required by the context.

1.01 Accrued Retirement Benefit

means the pension benefit to be provided for each Participant (other than City Council) commencing on the first day of the month next following his actual retirement date. This is payable during the Participant's lifetime, with 75% continued to a Qualified Spouse, or children until age 18, in a monthly amount equal to (a) times (b) times (c), where:

(a) is the Applicable Benefit Percentage,

(b) is the years of Credited Service, and

(c) is the Average Monthly Compensation.

The child's benefit shall continue to age 24 if the child is a full-time student. It will be reduced 50% and continued for the life of the child if, in the sole discretion of the Pension Board, the child is handicapped and unemployable.

4896

MUNICIPAL HOME RULE ORDINANCES

1.02 Actuarial Equivalent
1.03 Actuary
1.04 Applicable Benefit Percentage

means the 1983 Group Annuity Mortality table, blended 80% male and 20% female; and:
(a) for purposes of determining a benefit amount, identical in value, other than a lump sum benefit, interest at 7%, and
(b) for purposes of determining the value of benefits payable in a lump sum, an interest rate equal to the applicable rate under Code Section 417(e)(3)(A).
means t he p erson, firm ore orporation, o ne o f whose officers shall be an Enrolled Actuary (as defined by the Employee Retirement Income Security Act of 1974, as amended), appointed by the Board to render actuarial services for the Plan.
means the percentage based on retirement age as follows:

Retirement Age 50 51 52 53 54 55 56 57 58 59 60

Applicable Benefit Percentage 1.75%* 1.80%* 1.85%* 1.90%* 1.95%*
2.00% 2.05% 2.10% 2.15% 2.20% 2.30%

GEORGIA LAWS 2003 SESSION

4897

61

2.40%

62

2.50%

63

2.60%

64

2.70%

65 and above

2.80%

* Available to Police Officers and Firelighters only.

1.05 Average Monthly Compensation

means l/36th of Compensation for the 78 consecutive pay periods, which produce the highest average.

1.06 Beneficiary

means the person entitled to receive a retirement benefit upon the death of the Participant, as provided under Article 4.

1.07Break in Service

means, with respect to a Participant, a period of 12 consecutive months, beginning on a severance date, during which a Participant is not performing services or entitled to pay as an employee of East Point. For purposes of determining whether or not a Participant has incurred a Break in Service, and solely for the purpose of avoiding a B reak in Service, to the extent required under the Family and Medical Leave Act of 1993 and the regulations thereunder, a Participant shall be deemed to be performing services for East Point during any period the Participant is granted leave under such Act for (i) the birth of a child, (ii) the placement with the Participant of a child for adoption or foster care, (iii) to care for a spouse, child or parent of the Participant with a serious health condition, or (iv) for a serious health condition that makes the Participant unable to perform the functions of the Participant's job. No Break in Service shall occur while a Participant is on military leave as required under the Uniformed Services Employment and Reemployment Rights Act of 1994

1.08 Board

means the Pension Board as constituted u nder Article 6.

4898

MUNICIPAL HOME RULE ORDINANCES

1.09City Council
l.lOCode 1.11 Compensation

means the City Council of the City of East Point including the Mayor. Members ofCity Council and the Mayor, who elect to participate in the Plan, receive a monthly benefit payable from age 60 of $30 for each Year of Credited Service. This benefit is 100% vested after five Years of Credited Service. The death, disability and termination benefits for City Council are based on the accrued benefit described in this paragraph.
shall mean the Internal Revenue Code of 1986, as it may be amended from time to time, and any applicable regulations promulgated thereunder.
shall have the meaning set forth in subsection (a) or (b) hereof, whichever is applicable.
(a) Benefit Compensation. For purposes of determining a Participant's Average Monthly Compensation,
"Compensation" shall mean:
A Participant's base salary before all before-tax, salary deferral or salary reduction contributions made to the Plan or any Section 457 and Section 125 plans of East Point [including any contributions made under Code Section 414(h)(2)]. Amounts such as bonuses, overtime pay, automobile allowance, excess life insurance taxable income and the value of any other taxable fringe benefits are excluded.
Solely for a Participant whose employment date is on or after January 1, 1996, the amount of any Compensation in excess of the applicable limit under Code Section 401(a)(17) is excluded. The Code Section 401(a)(17) limitation is $170,000 as adjusted by the Secretary of the Treasury for cost-of-living increases.
(b) Section 415 Compensation. Solely for purposes of Section 9.1 (relating to maximum contribution and benefit limitations under Code

GEORGIA LAWS 2003 SESSION

4899

1.12 Continuous Service 1.13 Credited Service
1.14 Defined Benefit Dollar Limitation

Section 415), "Compensation" shall mean, with respect to a Participant for a Limitation Year, all of a Participant's wages, as defined in Code Section 3401 (a) for purposes of income tax withholding at the source, that are reportable by East Point for federal income tax purposes on IRS Form W-2, plus IRS Sections 457, 414(h), 125 and any other before-tax deferrals.
means the period of a Participant's unbroken employment from the most recent beginning date of employment. Continuous Service includes paid and other periods of "Leave of Absence," required by law to be recognized as defined in Section 1.20.
means all Continuous Service as a Participant including unused sick leave.
Credited Service is granted for a Leave ofAbsence (Section 1.20(c)) to the extent required under the Uniformed Services Employment and Reemployment Rights Act of 1994 and Section 414(u) of the Code, and subject to the payment of Participant Contributions under 5.02(a). That is, a Participant who leaves the employment of East Point to enter the armed services and returns to employment with East Point within the required time and makes the required contributions shall be credited with Credited Service for his required period ofuniformed service for purposes ofbenefit accrual.
Credited Service shall be measured in years and completed months.
Eligible Employees hired during the period 4/1/92 through 6/30/98 participated in a defined contribution plan to 6/30/98. They receive Credited Service for vesting, retirement and disability eligibility during this period under this Plan but not for benefit accrual.
shall mean, the dollar limitation described in Section 9.02(a).

4900

MUNICIPAL HOME RULE ORDINANCES

1.15 Defined Benefit Plan 1.16EffectiveDate 1.17 Eligible Employee
1.18 Employee 1.19Employer 1.20Firefighters 1.21 Leave of Absence

shall mean a plan described in Section 9.02(b).
means June 19,1975, the original effective date of the Plan, as amended and restated in full January 1, 2001.
means any regular, full-time employee of the Employer excluding:
(a) An employee who is a "leased employee" within the meaning of Code Section 414(n) unless East Point has approved the participation of such employee in the Plan; and
(b) An employee who is classified under East Point's regular employment classification practices as a part-time, co-op or temporary employee.
For purposes of this paragraph, "fall time" shall mean 40 hours per week and Firefighters on a 24-hour on/48-hour off schedule.
means any common law employee of the City of East Point, excluding contract employees, nonresident aliens with no U.S. source income and collectively bargained employees whose benefits are subject to collective bargaining.
means the City of East Point (East Point) and any successor or assigns, which may adopt the Plan and become a party to the Trust Agreement.
shall mean all Eligible Employees who are members of the East Point Fire Department and who are certified under the Georgia Firelighter Standards and Training Act, O.C.G.A. Section 25-4-1 et. seq.
means:
(a) An absence due to sickness or injury; or

GEORGIA LAWS 2003 SESSION

4901

1.22Participant 1.23 Plan 1.24Plan Administrator 1.25 Plan Year 1.26Police Officers

(b) Any leave duly authorized by the Employer for an approved purpose, such authorization placed in writing if the leave is longer than one month; or
(c) Any authorized absence for service in the armed forces of the United States in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 and Section 414(u) of the Code.
(d) Except to the extent otherwise required by law, a Participant shall not be credited with service during any period of authorized or unauthorized Leave of Absence without pay, or disciplinary suspension without pay. Notwithstanding the foregoing, any Participant granted leave under the Family and Medical Leave Act of 1993 and the regulations thereunder shall be credited with service during the term ofsuch leave, provided that the Participant makes all required Participant Contributions in respect of the term of such leave in the manner prescribed by the Board.
The above named absences shall be authorized on a nondiscriminatory basis, and all Participants in similar circumstances will receive uniform and consistent treatment.
means an Eligible Employee who qualifies to participate in the Plan, as provided in Article 2.
means the Plan embodied herein known as the City of East Point Employees Retirement Plan, as amended and restated January 1, 2001.
means the plan administrator appointed by the Board to assist in the administration of the Plan, as provided in Sections 6.06 and 6.07.
means the calendar year beginning January 1 and ending December 31 of each year.
means includes all Eligible Employees who are sworn police personnel, acting as police officers

4902

MUNICIPAL HOME RULE ORDINANCES

1.27Qualified Spouse 1.28 Retired Participant 1.29Retirement Plan
l.SORollover Distribution

for East Point, whose job description requires them to be certified by the Peace Officers Standards and Training Council.
means the spouse legally married to a Participant at the date payments commence.
means a Participant who terminates employment by reason of normal retirement, early retirement or disability.
means a plan which is a defined contribution plan, the terms of which permit the acceptance of rollover distributions and which is either (i) an individual retirement account described in Code Section 408(a), (ii) an individual retirement annuity described in Code Section 408 (b) (other than an endowment contract), (iii) a qualified trust described in Code Section 401 (a) and exempt from taxation under Code Section 501 (a), or (iv) an annuity plan described in Code Section 403 (a). Effective for distributions made after December 31, 2001, a Retirement Plan shall also mean an annuity contract described in Code Section 403(b) and an eligible plan under Code Section 457(b) which is maintained by a state, political subdivision or agency or instrumentality of a state and which agrees to separately account for amounts transferred to such plan from this Plan. This definition shall also apply in the case of a distribution to a Qualified Spouse or to a spouse or former spouse under a qualified domestic relations order.
means any distribution to an employee of all or any portion of the balance to his credit in a qualified trust; provided, an employee's eligible "Rollover Distribution" shall not include (i) any distribution which is one of a series of substantially equal periodic payments made not less frequently than annually, (A) for the life of the employee and his beneficiary, or (B) for a specified period of ten (10) years or more, (ii) any distribution to the extent such distribution is required under Code

GEORGIA LAWS 2003 SESSION

4903

Section 401(a)(9), or (iii) distributions which total less than $200 during the Plan Year.

1.31 Trust Agreement

means the Trust Agreement (as it may be amended from time to time) known as the "Trust Agreement for the City of East Point Employees Retirement Plan."

1.3 2 Trustee

means the current Trustee (or custodian bank) who is a party to the Trust Agreement, or any appointed successor.

1.33TrustFund

means the Trust Fund established and maintained pursuant to the terms of the Trust Agreement.

1.34 Year of Credited Service

means each Plan Year during which a Participant completes one year of Continuous Service for the Employer.

ARTICLE 2

PARTICIPATION

2.01 Participation

Each Eligible Employee shall automatically become a Participant in the Plan on his date of employment. The City Manager, Deputy City Manager and Department Heads shall not be eligible to participate in this Plan and shall be instead enrolled in a defined contribution plan. The Mayor and other City Council members may make a one time irrevocable election not to be covered by this Plan if such waiver is made within ninety (90) days of the member or Mayor taking office.

2.02Reemployment

(a) A former Participant, other than a Retired Participant, will be offered the option to either:

(1) Return any cash refund and/or benefit payments plus 5% annual interest within one year of reemployment date and be restored in all prior Credited Service, or

(2) Not return the cash refund and/or benefit payments and be treated as a new Participant.

4904_______MUNICIPAL HOME RULE ORDINANCES_________
Prior Credited Service shall not be restored until the former Participant has completed one year of Continuous Service since reemployment date.
(b) A Retired Participant rehired within five years of his last date of employment will be offered the option to either:
(1) Return any cash refund and/or benefit payments plus 5% annual interest within one year of reemployment date and be restored in prior Credited Service, or
(2) Not return the cash refund and/or benefit payments and be treated as a new Participant.
Prior Credited Service shall not be restored until the Retired Participant has completed one year of Continuous Service.
(c) A Retired Participant rehired five or more years after his last date of employment will be treated as a new Participant for all purposes under the Plan.
(d) A rehired Retired Participant will cease to receive benefit payments upon his reemployment.
(e) Any benefit to which a rehired Participant or rehired Retired Participant who is restored prior Credited Service becomes entitled under this Plan shall be determined in accordance with the benefit formula that applied to such rehired Participant or rehired Retired Participant prior to termination of employment. Such benefit shall be appropriately adjusted, in a uniform and nondiscriminatory manner, to take into account any benefit to which he became entitled under this Plan due to his prior employment. In no event shall there be a duplication of benefits due to his several periods of employment.
ARTICLE 3
RETIREMENT DATES AND BENEFITS
3.01 Normal Retirement
(a) Normal Retirement Benefit Entitlement: A Participant who terminates his employment at his Normal Retirement Date shall be entitled to his Normal Retirement Benefit commencing as of the first day of the following month.
(b) Normal Retirement Date: means the last day of the month in which a Participant both (i) attains age 65 (age 55 for Police Officers and Firefighters) and (ii) completes ten years of Credited Service. The Normal Retirement Date

____________GEORGIA LAWS 2003 SESSION__________4905
for City Council members and the Mayor means age 60 and five years Credited Service.
(c) Normal Retirement Benefit: means the Participant's Accrued Retirement Benefit as defined in Article 1 payable immediately.
3.02Early Retirement
(a) Early Retirement Benefit Entitlement: Upon termination of a Participant's employment as of an Early Retirement Date, he shall be entitled to an immediate or deferred Early Retirement Benefit.
(b) Early Retirement Date: means the last day of the month in which a Participant both (i) attains age 55 (age 50 for Police Officers and Firefighters) and (ii) completes ten years of service.
(c) Early Retirement Benefit: means (1) or (2) as defined below:
(1) Immediate Early Retirement Benefit - means the Accrued, Retirement Benefit as defined in Article 1 payable immediately.
(2) Deferred Early Retirement Benefit - means the Accrued Retirement Benefit as defined in Article 1 payable at a deferred commencement date. This is determined by the same formula as the Immediate Early Retirement Benefit. However, the Applicable Benefit Percentage, as provided in Section 1.02 ofthe Plan, will increase due to the increase in retirement age.
3.03Delayed Retirement (a) Delayed Retirement Benefit Entitlement: A Participant whose employment continues after his Normal Retirement Date shall not be entitled to receive any benefits under the Plan until his Delayed Retirement Date. Upon termination of employment, he shall be entitled to his benefit commencing as of the first day of the following month.
(b) Delayed Retirement Date: means in the case of any Participant whose employment continues after his Normal Retirement Date, the last day of the month in which his employment terminates for any reason other than his death.
(c) Delayed Retirement Benefit: means Accrued Retirement Benefit as defined in Article 1 payable immediately.

4906_______MUNICIPAL HOME RULE ORDINANCES________
3.04Disabilitv Retirement
(a) Disability Retirement Entitlement: A Participant may retire under the Plan if he becomes disabled, after completing ten years of service, as defined herein. Such retirement shall be referred to as "Disability Retirement" and the date the "Disability Retirement Date" and payment of the Disability Retirement Benefit shall be governed by the following provision of this section:
(b) Disability: "Disability" means Social Security Disability, if eligible, or if not, a total and permanent physical or mental condition as defined by East Point's long term disability plan resulting from bodily injury, disease, or mental disorder which renders a Participant incapable of continuing his usual and customary employment with the Employer; provided, however, that disability for purposes of the Plan shall not include any disability which results from the Participant's engagement in war, insurrection, rebellion, or active participation in a riot, or in a criminal enterprise, or from an intentionally self-inflicted injury. The Board shall determine if the above conditions have been met.
(c) Disability Retirement Benefit: The disability retirement benefit payable immediately shall be the Accrued Retirement Benefit payable at the Normal Retirement Date with no actuarial reduction. In no event, however, in the case of an Eligible Employee (but not City Council members and the Mayor), will a Participant's disability retirement benefit be less than twenty percent of his Average Monthly Compensation for the twelve calendar months immediately preceding his disability. City Council members and the Mayor are entitled to a disability benefits determined in accordance with section 1.09. The monthly disability benefit shall commence on the first day of the month coinciding or next following the Participant's Disability Retirement Date and be payable thereafter so long as his disability continues.
Based solely on the criteria it may apply, in a uniform manner for all Participants, the Pension Board may commence disability payments at date of disability, if in its sole discretion, the Participant's condition meets the definition of disability. These payments will cease if the Participant does not qualify for Social Security Disability or East Point long term disability benefits within a period to be determined solely by the Board. In this case, the Participant will not have to return the payments made.
3.05Termination of Employment
(a) Termination Benefit Entitlement: The Termination Benefit for all Participants other than City Council members and the Mayor, shall be determined and payable as provided in (c) below.

____________GEORGIA LAWS 2003 SESSION__________4907

(b) Termination Date: means, in the case of a Participant whose employment terminates, for any reason other than his retirement, disability, or death, the last day of the month in which his employment terminates.

(c) Termination Benefit: means the benefit of a non-vested or vested Participant as defined below:

(i) A terminating non-vested Participant has not both completed 10 years of Credited Service and attained age 45 (40 for Police Officers and Firefighters) will receive an immediate refund of his employee contributions determined in accordance with the following chart and shall forfeit any further benefit from the Plan.

(ii) A terminating vested Participant has completed 10 years of Credited Service and has attained age 45 (40 for Police Officers and Firefighters) is 100% vested in his Accrued Retirement Benefit. Alternatively, with the written consent of his Qualified Spouse, he may elect to receive an immediate refund of his employee contributions determined in accordance with the following chart and shall forfeit any further benefit from the Plan.

Years of Credited Service

Percentage of Employee Contributions

<1

100%

1<2

110%

2<3

120%

3<4

130%

4<5

140%

5<6

150%

6<7

160%

7<8

170%

8<9

180%

9<10

190%

10<11

200%

1K12

220%

4908

MUNICIPAL HOME RULE ORDINANCES

12<13 13<14 14<15 15<16 16<17 17<18 18<19 19<20 20<21 2K22 22<23 23<24 24<25 25 or more

240% 260% 280% 300% 320% 340% 360% 380% 400% 420% 440% 460% 480% 500%

3.06Rehired Retiree

If a Retired Participant, including a disabled retiree, is reemployed by East Point, his retirement benefit payments shall cease with the last payment due prior to his reemployment. Retirement benefit payments shall again become payable on the first day of the month following his subsequent termination of employment.
The retirement benefit shall be in the same amount as before for prior Credited Service unless the election in Section 2.02(b) (1) is made.
If such nonelecting Participant has completed another year of Credited Service, Credited Service before and after the period of retirement shall be aggregated for vesting and early retirement eligibility purposes only in computing the additional pension for his new period of Credited Service.

___________GEORGIA LAWS 2003 SESSION__________4909
3.07Pensioner Benefit Increases
Every two years the Board shall review the adequacy of pension benefits under the Plan with respect to increases in the cost of living. The Board is authorized to recommend additional increases, if warranted, to be effective on January 31st of the then current year.
3.08Direct Rollover Distributions
If a Participant, his spouse who is a Beneficiary or an alternate payee under a qualified domestic relations order, who is the recipient of an eligible Rollover Distribution, elects to have such eligible Rollover Distribution paid directly to an eligible Retirement Plan and specifies (in such form and at such time as the Board may prescribe) the eligible Retirement Plan to which such distribution is to be paid, such distribution shall be made in the form of a direct trustee-to-trustee transfer to the specified eligible Retirement Plan; provided, such transfer shall be made only to the extent that the eligible Rollover Distribution would be included in gross income if not so transferred (determined without regard to Code Section 402(c) and Section 403 (a) (4)). Effective for distributions made after December 31,2002, a portion of a distribution shall not fail to be an eligible Rollover Distribution merely because the portion consists of after-tax employee contributions, which are not includible in gross income. However, such portion may be transferred only to an individual retirement account or annuity described in Code Section 408(a) or (b) or to a qualified defined contribution plan described in Code Section 401 (a) or 403 (a) that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution that is includible in gross income and the portion that is not.
3.09Forfeiture of Benefits
Notwithstanding any other provision to the contrary, a Participant's Accrued Benefit under the Plan, including any benefits due to City Council members and the Mayor, shall be forfeited in the manner and to the extent provided under O.C.G.A. 47-1-21 through 47-1-24, if convicted of a public employment, drug related or other covered crime.

4910_______MUNICIPAL HOME RULE ORDINANCES________
ARTICLE 4
DEATH BENEFITS
4.01 Designation of Beneficiary
(a) "Beneficiary" means any one or more primary or contingent beneficiaries designated by the Participant (if unmarried) to receive any benefit payable under the Plan on or after the Participant's death.
Designation of Beneficiary shall be made, changed, or revoked in writing in the form and manner prescribed by the Board.
(b) In the case of a married Participant, the Beneficiary shall be the Participant's Qualified Spouse evidenced by a legal marriage certificate, on the Participant's annuity starting date.
(c) If the Participant is unmarried on his annuity starting date, he will automatically receive his annuity in the life only payment form unless he elects an optional payment form as described in section 4.03 of the Plan, within the 90 day period prior to the annuity starting date.
(d) In the absence of a valid Beneficiary designation by an unmarried Participant, or in the event that no designated Beneficiary survives the Participant, any benefit payable under the Plan on or after the Participant's death shall be paid to the Participant's Qualified Spouse, if living at the time of the Participant's death, or, if not living, then in equal shares to the Participant's descendants who are living at the time of the Participant's death, or if there are no such descendants then living, then to the Participant's estate.
4.02Death Before Retirement
(a) In the event of an active, or terminated vested, Participant's death before retirement, the Qualified Spouse shall be entitled to an immediate annuity for his or her life equal to the Participant's Accrued Benefit payable at the Normal Retirement Date. For Qualified Spouses of active Eligible Employees (but not City Council members or the Mayor) this will not be less than 60% of Average Monthly Compensation. The death benefit is actuarially reduced for the Participant's death before age 50. The minimum monthly benefit is $30 times Credited Service. Child benefits are payable after the Qualified Spouse's death as per Section 1.01. Payments will at least equal the multiple of Participants' Contributions shown in Article 3.05 (c). City Council members and the Mayor are entitled to death benefits determined in accordance with section 1.09.

____________GEORGIA LAWS 2003 SESSION__________4911
(b) The Beneficiary of a deceased Participant may alternatively elect to receive a lump sum refund of the multiple of the Participant's Contributions shown in Article 3.05 (c) and thereby forfeit all rights under the Plan.
4.03Death After Retirement
When a Participant dies, all or a portion of his pension will be continued to a Beneficiary as follows:
Married Participants: Upon a Participant's death, the Qualified Spouse will automatically receive 75% of his benefit until her death, with child benefits payable thereafter as per Section 1.01. The married Participant may elect Option (iv) below, but his Qualified Spouse's benefit will not be reduced.
Single Participants: Upon retirement, an unmarried Participant may choose any of the following optional forms of benefit:
(i) Joint & Survivor Option: A reduced benefit is paid to a Participant; upon his death a percentage of that reduced benefit is continued to his Beneficiary. A Participant may elect that his Beneficiary receive 100%, 75%, 50% or 25% continuation.
(ii) Period Certain and Life Option: A decreased benefit is payable for life, with payments guaranteed for the first 5, 10, 15 or 20 years as selected by the Participant.
(iii) Social Security Level Income Option: This option applies only if a Participant is retiring before age 62 and expects to receive a retirement benefit from Social Security. He may elect to receive an increased benefit at his retirement, which will be decreased when he starts to receive his Social Security benefit, so that the sum ofhis two benefits will be roughly equal to the benefit he began receiving at initial retirement.
(iv) Lump Sum Option: On the date a Participant attains Early, Normal, Disability or Late Retirement, a Participant may elect to receive either 5%, 10%, 15%, 20% or 25% of his Accrued Benefit in a one-time lump sum based upon the present value under Code Section 417(e)(3)(A). The monthly benefit payable to the Participant shall be reduced by the percentage elected. But any benefit payable to a surviving Beneficiary shall not be reduced.
All options are null and void if the Participant, or his Beneficiary, dies before the annuity starting date.

4912_______MUNICIPAL HOME RULE ORDINANCES_________
Payments to married and single Participants will at least equal the multiple of Participant's Contributions shown in Article 3.05 (c)(ii).
ARTICLE 5
FUNDING
5.01 Trust Fund
(a) All contributions made pursuant to this Plan by the Employer and Participants shall be paid into the Trust Fund to be held, managed, invested, and distributed in accordance with the provisions of the Plan and Trust Agreement.
(b) All benefits under the Plan shall be payable directly from the Trust Fund, except any benefits which the Board has determined shall be payable through the medium of an annuity contract or contracts.
(c) The Employer shall not have any liability for the payment of benefits other than the obligation to make contributions to the Trust Fund as provided in Section 5.02.
5.02Contributions
(a) As a condition of participation in the Plan, all Participants shall contribute to the Plan. These contributions will be deposited by the Employer in the Trust Fund each pay period.
Effective July 1, 1998, each Participant shall contribute to the Trust Fund at an annual rate of 6.0% of his Compensation, by means of regular payroll deductions (hereinafter, the "Participant Contributions"). Effective July 1, 1998, the Employer will pick up Participant Contributions. Such Participant Contributions will be treated as employer contributions in accordance with Internal Revenue Code Section 414(h) and any Treasury Regulations promulgated thereunder. Employer pick-up of Participant Contributions shall be effectuated by reducing the Compensation of each Participant by 6.0%. No Participant shall have the option to receive the pick-up contributions directly instead of having such contributions paid by the Employer to the Trust Fund.
(b) Subject to Section 5.02(e), the Employer shall contribute to the Trust Fund monthly such amounts as from time to time are estimated by the Actuary to be sufficient, upon an actuarially sound basis, to provide the balance of Accrued Retirement Benefits under the Plan not provided by Participant Contributions and earnings.

____________GEORGIA LAWS 2003 SESSION__________4913
(c) Effective July 1,2001, the Employer shall contribute to the Trust Fund at an annual rate of 16.0% of each Participant's Compensation or such other amount as recommended by the Actuary and adopted by the Employer. Such contributions may be made in cash or in property which is an authorized investment of the Trust Fund (as provided in the Trust Agreement) or in a combination of cash and such property.
(d) The expenses of administering the Plan, including such items as the accounting, actuarial, legal, and Trustee's fees, shall be paid by the Trust Fund.
(e) Notwithstanding anything contained herein to the contrary, the Employer shall have the right in its sole and final discretion, at any time or from time to time, to discontinue or temporarily suspend for a definite or indefinite period, its contributions under the Plan without any liability whatsoever. Upon the complete discontinuance of contributions by the Employer, the rights of Participants shall be nonforfeitable in accordance with and to the extent provided in Section 7.02(c).
ARTICLE 6
PENSION BOARD
6.01 Appointment, Resignation. Removal
(a) There is hereby established a Pension Board (Board), whose duty it shall be to see that the provisions of the Plan are carried out and that funds are kept separate and to act at all times in the best interest of the Participants, Plan and trust fund.
(b) Board Membership.
(1) The Board shall be composed of the following:
(i) East Point's Personnel Director;
(ii) Two employee representatives elected by the active Participants for terms of three years;
(iii) One member of the City Council to be appointed by the City Council for a term of two years.
(iv) One member who shall be a resident ofthe City, who shall be appointed by the City Council for a term of two years.

4914_______MUNICIPAL HOME RULE ORDINANCES_________
(2) Any Board member elected by active Participants or retirees, who misses three consecutive meetings, after being properly notified thereof, shall be replaced as a member at the next scheduled election.
(3) If a vacancy on the Board occurs, and the term remaining of such vacating member is six months or more, a special election shall be called by the Board to fill the vacancy for the remainder of the expired term. If the term remaining is less than six months, the vacancy shall be filled for the unexpired term by the remaining members.
If a member of the Board who was appointed by the City Council vacates his or her position, and there are more than six months remaining before the term of such member expires, the City Council shall appoint a person to fill the vacancy for the remainder of the unexpired term.
(4) Each member shall, within 10 days after appointment or election, take an oath of office, affirming that he or she will diligently and honestly administer the affairs of the Board, and will not knowingly violate or willingly permit to be violated any laws applicable to the trust fund or provisions herein. The oath shall be subscribed to the member certified by the person authorized to administer the oath and filed with the City Clerk.
(5) Should an elected or appointed member of the Board, except as otherwise provided herein, retire, resign, or otherwise become unable to perform as a member of the Board before his term of office expires, the office of such member shall be declared vacant and shall be filled as provided above.
(6) The Board shall be authorized to make all necessary rules in carrying out the provisions of the Plan relative to electing members to the Board; provided, however, that the names of candidates in any election shall be sent to those persons eligible to vote not more than 45 days nor less than 30 days before said election.
6.02Procedure
The Board shall act by agreement of a majority of its members, either by vote at a meeting or in writing without a meeting. By such action, it may authorize one or more of its members or the Plan Administrator to execute documents on its behalf and direct the Trustee in the performance of its duties, as related to the powers and duties of the Board specified below; and the Trustee, upon written notification of such authorization, shall accept and rely upon such documents and directions until notified in writing that the authorization has been revoked or changed by the Board. A member of the Board who is also a Participant shall not vote or act upon any matter directly affecting any of his benefits under the Plan.

___________GEORGIA LAWS 2003 SESSION__________4915
In the event of a deadlock or other situation which prevents agreement of a majority of the Board members, the matter shall be decided by the City Council.
6.03 Powers and Duties
The Board shall have the power and duty to do all things necessary or convenient to affect the intent and purposes of the Plan and not inconsistent with any of the provisions hereof whether or not such powers and duties are specifically set forth herein and, not in limitation but in amplification of the foregoing, shall have power to:
(a) Provide rules and regulations for the administration of the Plan, and from time to time, to amend or supplement such rules and regulations.
(b) Construe the Plan and/or Trust Agreement and its construction thereof in good faith, and act in the best interests of the Participants.
(c) Correct any defect or supply any omission or reconcile any inconsistency in the Plan in such manner and to such extent as it shall deem expedient to carry the same into effect.
(d) Determine all questions that shall arise under the Plan including directions to and questions submitted by the Trustee on all matters necessary for it to properly discharge its duties; provided, however, that in no event shall the Board have any authority to direct any money manager or the Trustee in the investment of the Trust Fund.
(e) The Board shall select a custodian who will issue all benefit and expense payments.
6.04Benefit Application and Claims Procedure
(a) Participants and Beneficiaries shall apply for benefits by filing with the Plan Administrator a signed, written request specifically identifying the benefits requested and describing all facts and circumstances entitling the applicant to payment.
Each Participant and Beneficiary, or his representative, shall be responsible for making application, in accordance with uniform procedures established by the Board, for any benefit due him under the Plan.
(b) Within ninety days after receipt of such an application, the Plan Administrator shall notify the applicant of the Board's decision. If special circumstances require an extension of time, the Plan Administrator shall notify

4916_______MUNICIPAL HOME RULE ORDINANCES_________
the applicant of such circumstances within ninety days after receipt of the application, and the Plan Administrator shall thereafter notify the applicant of its decision within 180 days after receipt of the application. If the application is denied in whole or in part, the Plan Administrator's notice of denial shall be in writing and shall state:
(1) the specific reasons for denial with specific reference to pertinent Plan provisions upon which the denial was based;
(2) a description of any additional materials or information necessary for the applicant to perfect his or her claim and an explanation of why the materials or information are necessary; and
(3) an explanation of the Plan's claim review procedure.
(c) During the sixty-day period following an applicant's receipt of a notice of denial of the application for benefits, the applicant or a duly authorized representative may review pertinent documents and within sixty days submit a written request to the Plan Administrator for the Board's review of the denial.
An applicant submitting a request for review shall be allowed to submit issues and comments in writing to the Plan Administrator. Within sixty days after receipt of the request for review, the Plan Administrator shall issue the Board's decision in writing to the applicant. If special circumstances require an extension of time, the Plan Administrator shall notify the applicant of such circumstances within sixty days after receipt of the request for review, and the Plan Administrator shall issue the Board's decision in writing no later than 120 days after receipt of the request for review. The Plan Administrator shall include specific reasons for the Board's decision, written in a manner calculated to be understood by the applicant, and contain specific references to the pertinent Plan provisions upon which the decision is based.
6.05 Election of Chairman and Secretary, and Appointment of Advisors
The Board will elect a Chairman and Secretary.
The Board may appoint such advisors as follows:
(a) Retaining Advisors. The Board shall have the right to hire such professional advisors as it, in its sole discretion, deems necessary or advisable. To the extent that the costs for such advisors are not paid by East Point, they shall be paid, at the discretion of the Board, from the Fund as an expense of the Fund.

____________GEORGIA LAWS 2003 SESSION__________4917
(b) Reliance on Advisors. The Board shall be entitled to rely upon all certificates and reports made by an actuary, accountant or attorney selected pursuant to this section. The Board and East Point shall be fully protected in respect to any action taken or in good faith in reliance upon the advice or opinion of any such actuary, accountant or attorney. Any action so taken or suffered shall be conclusive upon each of them and upon all other persons interested in the Plan.
6.06 Appointment of Plan Administrator
The Board shall appoint a Plan Administrator to handle administrative details of the Plan that the Board chooses to delegate to the Plan Administrator. The Plan Administrator shall serve at the pleasure of the Board.
6.07Duties of Plan Administrator
The duties of the Plan Administrator shall include, but not be limited to the following:
(a) Notification to Participants: The Plan Administrator shall help East Point notify each Employee of his participation in the Plan within 30 days of his participation starting date and annually thereafter by benefit statements.
(c) Information to Actuary: The Plan Administrator shall help East Point furnish the Actuary such information as he may require to properly perform his duties.
(d) Certification of Benefits: The Plan Administrator shall certify the retirement, disability, termination and death benefits payable under the Plan.
(e) Maintenance of Records: The Plan Administrator shall help East Point keep all records required to reflect the status of each Participant properly, and make available to each Participant the records of his status in the Plan.
(f) Direct Benefit Payments: The Plan Administrator shall help East Point review the Trustee database and direct the Trustee to make benefit payments as required by the provisions of the Plan, after approval by the Board.
(g) Monthly Board Meetings: The Plan Administrator will attend all Board meetings to discuss administrative issues.
(h) Money Manager Meetings: The Plan Administrator will accompany the Board to periodic meetings with the Money Managers and Trustee.

4918_______MUNICIPAL HOME RULE ORDINANCES_________
6.08Liability of Board
No member of the Board nor the Plan Administrator (for purposes of this Section 6.08, references to "the Board" shall be deemed to include the Plan Administrator) shall be directly or indirectly responsible or under any liability by reason of any action or default by him as a member of the Board, or the exercise of or failure to exercise any power or discretion as such member, except for his own fraud or willful misconduct; and no member of the Board shall be liable in any way for the acts or defaults of any other member of the Board or any of its advisors, agents, or representatives. Without limitation or restriction upon any other indemnification right at law or otherwise, East Point shall indemnify and save harmless each member or former member of the Board against any and all expenses and liabilities arising out of his membership on the Board, except expenses and liabilities arising out of his own fraud or willful misconduct. The fact that any member of the Board is a member of the City Council, or employee of East Point, or a Participant, shall not disqualify him from doing any act or thing which the Plan authorizes or requires him to do as a member of such Board (except as otherwise provided in Section 6.02 with respect to a member who is a Participant).
6.09Compensation and Expenses
The members of the Board shall serve without compensation for their services, and shall be entitled to receive reimbursement of their reasonable expenses incurred in administering the Plan. Any such expenses shall be paid by the Trust Fund.
6.10Information Furnished to Board
East Point shall furnish to the Board, in writing, such information as the Board may request in the exercise of its powers and duties in the administration of the Plan. Such information may include, but shall not be limited to, the Social Security Numbers, names of employees, their compensation and dates of birth, employment, termination of employment, disability, retirement, or death. Such information shall be conclusive for all the purposes of the Plan and the Board shall be entitled to rely thereon; provided, however, that the Board may correct any errors discovered in any such information.
6.11 Examination by Participants
The Board shall make available to each Participant for examination by him, at the principal office of the Employer, a copy of the Plan and such of its records or copies thereof as may pertain to any benefits of such Participant under the Plan.

____________GEORGIA LAWS 2003 SESSION__________4919
6.12Nondiscriminatory Action
In the exercise of any power or discretion under the Plan or Trust Agreement, the Board shall not take any action or direct the Trustee to take any action in respect to any of the rights, benefits, or obligations of a Participant under the Plan which would be discriminatory in favor ofsome Participants over others in substantially similar situations or under substantially similar sets of facts.
6.13 Annual Audit
Once each year, the Board shall cause an audit to be made of the accounts and records of the Trust Fund by a firm of independent certified public accountants selected by the Board. A copy of the audit report shall be furnished to the Council, the Board, the Actuary, and the Trustee.
ARTICLE 7
AMENDMENTS AND TERMINATION
7.01 Amendment of the Plan
(a) The Employer shall have the right, by action of the City Council, in its sole and final discretion, to amend the Plan from time to time, to any extent which the Council may deem advisable; provided, however, that no amendment (other than an amendment required by the Internal Revenue Service as a condition of its approval of the Plan and Trust as qualifying under Sections 401(a) and 501(a) of the Internal Revenue Code) shall retroactively decrease the benefits accrued to any Participant or increase the duties or responsibilities ofthe Trustee without its written consent.
(b) A certified copy of the resolution of the Council making such amendment shall be delivered to the Trustee; the Plan shall be amended in the manner and effective as of the date set forth in such resolution; and the employees, inactive Participants, Beneficiaries, Trustee, and all others having any interest under the Plan shall be bound thereby.
7.02Termination of the Plan
(a) Employer May Terminate Plan: The Employer shall have the right, by action of the City Council, in their sole and final discretion, to terminate the Plan at any time. A certified copy of the resolution of the Council shall be delivered to the Trustee, and the Plan shall be terminated as of the date of termination specified in such resolution.

4920_______MUNICIPAL HOME RULE ORDINANCES________
(b) Termination Upon Cessation of Business: The Plan shall terminate upon the cessation of operations by the Employer with no successor or assign which shall adopt the Plan and become a party to the Trust Agreement.
(c) Nonforfeitable Rights and Order of Priorities: Upon termination of the Plan or upon complete discontinuance of contributions by the Employer, the rights of all Participants to any Accrued Retirement Benefits or to refund of Participants' Contributions to the date of such termination or discontinuance, to the extent then funded, shall be nonforfeitable. Upon such termination or discontinuance, there shall be set aside in a separate account an amount estimated by the Board to be adequate to defray all costs and charges (including those of legal counsel, Actuary, and Trustee) associated with the Plan termination. From the Trust Fund remaining, the amount of the Accrued Retirement Benefits shall be deemed to have been funded in the following order of priorities:
(1) All Participants' Contributions with interest payable under the Plan to the date of termination of the Plan.
(2) All Participants who, prior to termination of the Plan, have retired or died and who (or their Beneficiaries) are already receiving and all Participants who are continuing employment under the Delayed Retirement provisions.
(3) All Participants who, prior to termination of the Plan, were eligible for Early or Normal but not Delayed Retirement Benefits.
(4) All Participants who, prior to termination of the Plan, were 100% vested in their benefits.
(5) All remaining Participants with Accrued Retirement Benefits.
(6) All contingent beneficiaries entitled to death benefits only upon the deaths of Participants who are living at the time the Plan is terminated.
Benefits payable under any of the items listed above shall be properly adjusted to reflect any benefits payable under any prior item.
In the event the Trust Fund is insufficient to fully fund the Accrued Retirement Benefits (to the date of such termination or discontinuance) for all Participants in any class, then such Accrued Retirement Benefits shall be deemed to have been funded in the proportion which the then actuarially determined present value of the Accrued Retirement Benefits for each Participant in such class bears to the then actuarially determined present value of the Accrued Retirement Benefits for all Participants in such class.

____________GEORGIA LAWS 2003 SESSION__________4921
(d) Methods of Satisfying Obligations: Upon termination of the Plan, the Board shall determine, and so direct the Trustee, the method, from among the following methods of discharging and satisfying all obligations (in the order of priorities specified above) on behalf of Participants:
(1) By continuation ofthe Trust and the payment therefrom ofbenefits as they become due in accordance with the provisions of the Plan in effect immediately prior to its termination; or
(2) By annuities payable through the media of annuity contracts purchased from an insurance company; or
(3) By the liquidation and distribution of the assets of the Trust Fund; or
(4) By any combination of such methods.
(e) Repayment to Employer: After the satisfaction of all liabilities under the Plan, any overpayments made by the Employer into the Trust Fund as a result of erroneous actuarial computations shall be repaid to the Employer.
ARTICLE 8
MISCELLANEOUS
8.01 Small Benefits
In the event that any retirement benefit provided under the Plan is payable in an amount of less than $100 monthly, or such other amount as may be established by the Board from time to time and administered in a uniform and nondiscriminatory manner, the Board may direct that a lump-sum settlement be paid in lieu of such benefit under the Plan in full discharge of all liability with respect to such benefit. The distribution shall equal the lump-sum Actuarial Equivalent of the Participant's retirement benefit.
8.02Plan Not a Contract of Employment
The Plan shall not be deemed to constitute a contract between any employee and East Point or be a consideration for the employment of any employee. Nothing in the Plan shall give any employee the right to be retained in the employ of East Point. Employees shall remain subject to discharge, discipline, or layoff to the same extent as if the Plan had not been put into effect.

4922_______MUNICIPAL HOME RULE ORDINANCES________
8.03Misstatement in Application for Benefits
If a Participant in his application for benefits, or in response to any request of the Board for information, makes any statement which is erroneous or omits any material fact or fails before receiving his first retirement income payment to correct any information that he previously incorrectly furnished to the Board for its records, the amount of his retirement benefit shall be adjusted on the basis of the correct facts, and the amount of any resulting overpayment or underpayment made to or in respect of such Participant shall be deducted from or added to his next succeeding payment as the Board shall direct.
8.04Missing Persons
If the Board is unable, within three years after any benefit becomes due from the Pension Fund to a Participant, Joint Annuitant, Beneficiary or Qualified Spouse, to authorize payment because the identity or whereabouts of such person cannot be ascertained, the Board may direct that such benefit and all further benefits with respect to such person shall be forfeited. Should the person subsequently submit a claim for such forfeited benefit to the Board, then the benefit forfeited shall be reinstated and payments shall commence as soon as possible thereafter, but without any retroactive payments or interest on such payments.
8.05Qualified Domestic Relations Order
The Plan Administrator must comply with a Qualified Domestic Relations Order.
(a) A "domestic relations order" is any judgment, decree or order (including approval of a property settlement agreement) made pursuant to a state domestic relations law (including a community property law) which relates to the provision of child support, alimony payments or marital property rights to a spouse, former spouse, child or other dependent of a Participant ("Alternate Payee").
(b) A "Qualified Domestic Relations Order" is a domestic relations order which:
(1) creates or recognizes the existence of an Alternative Payee's right to, or assigns to an Alternate Payee the right to, receive all or a portion of the benefit payable to a Participant under the Plan;
(2) clearly specified (A) the name and last known mailing address (if any) of the Participant and the name and mailing address of each Alternate Payee covered by the order, (B) the amount ofpercentage ofthe Participant's benefits to be paid by the Plan to each Alternate Payee, or the manner in which such amount or percentage is to be determined, (C) the number of payments or the

____________GEORGIA LAWS 2003 SESSION__________4923
period to which the order applies and (D) each plan to which the order applies; and
(3) does not require the Plan to (A) provide any type or form ofbenefit, or any option, not otherwise provided under the Plan, (B) provide increased benefits (determined on the basis of actuarial value), (C) pay benefits to an Alternate Payee that are required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order, or (D) pay any benefits to any Alternate Payee before the earlier of the Participant's termination ofemployment or attainment ofhis earliest retirement age.
(c) After receipt of a domestic relations order, the Plan Administrator shall (1) promptly notify the affected Participant and any Alternate Payee of the receipt of such order and the Plan's procedure for determining the qualified status of domestic relations orders and (2) within a reasonable period after receipt of such order, determine whether the order is a Qualified Domestic Relations Order and notify the Participant and each Alternate Payee of such determination.
(d) The Board shall establish a procedure to determine the qualified status of domestic relations order and to administer Plan distributions in accordance with Qualified Domestic Relations Orders. Such procedure shall be in writing, shall include a provision specifying the notification requirements enumerated in the preceding paragraph, shall permit an Alternate Payee to designate a representative for receipt of communications from the Plan Administrator and shall include such other provision as the Plan Administrator determines, consistent with Code Sections 401(a)(13) and 414(p).
(e) During any period in which the issue of whether a domestic relations order is a Qualified Domestic Relations Order is being determined (by the Plan Administrator, a court of competent jurisdiction or otherwise), the Plan Administrator shall segregate in a separate account under the Plan the amount, if any which would have been payable to the Alternate Payee during such period if the order had been determined to be a Qualified Domestic Relations Order.
8.06Persons Under Legal Disability
In the event any benefit is payable to a minor or other person under legal disability, the Board, in its discretion, may determine that payment shall be made or applied for the benefit of such person, directly to such person or to the legal representative of such person, or to some near relative of such person, or directly for the support, maintenance, or education of such person. The Trustee shall not be required to see to the application by any third party of payments made pursuant to this Section.

4924_______MUNICIPAL HOME RULE ORDINANCES_________
8.07Forms and Proofs
Each Participant or Beneficiary eligible to receive any benefit hereunder shall complete such forms and furnish such proofs, receipts, and releases as shall be required by the Board.
S.OSNondiversion
Irrespective of anything contained in the Plan or Trust Agreement, as now expressed or hereafter amended, it shall be impossible for any part of the Trust Fund to be used for or diverted to any purpose not for the exclusive benefit of Participants or their Beneficiaries at any time prior to the satisfaction of all rights and liabilities with respect to Participants or their Beneficiaries hereunder, either by the operation, amendment, revocation, or termination of the Plan or Trust Agreement.
8.09Limitations of Rights and Obligations
Neither the establishment and maintenance ofthe Plan or Trust, nor any provision or amendment thereof, nor the purchase of any insurance or annuity contract, nor any act or omission under or resulting from the operation of the Plan or Trust shall be construed:
(a) As conferring upon any employee, Participant, Beneficiary, or any other person, firm, corporation, or association whomsoever, any right or claim against the Employer, the Trustee, or Board, except to the extent that such right or claim shall be specifically and expressly provided in the Plan or Trust Agreement.
(b) As an agreement, consideration, or inducement of employment, or as affecting in any manner or to any extent whatsoever the rights or obligations of East Point or any employee to continue or terminate the employment relationship at any time.
8.1 ONonassignability
No benefit, contributions, or refund under the Plan shall be liable for any debt, liability, contract, engagement, or tort of any Participant or his Beneficiary, nor be subject to anticipation, sale, assignment, transfer, encumbrance, pledge, charge, attachment, garnishment, execution, or other voluntary or involuntary alienation or other legal or equitable process, nor transferability by operation of law. Should any attempt be made to so affect any such benefit, it shall be void.

____________GEORGIA LAWS 2003 SESSION__________4925
8.11 Written Communications Required
(a) Plan Administrator or Board: Any notice, request, instruction, or other communication required to be given or made hereunder shall be made in writing, and either personally delivered to the addressee, or deposited in the United States mail fully postpaid and duly addressed to such addressee at the last address for notice shown on the records of the Board.
(b) Participant: Each Participant shall at all times be responsible for notifying the Plan Administrator of any change in his name or address to which his benefit checks and other communications are to be mailed.
(c) Recovery of Mistaken Payments: If any benefit is paid to a Participant or Beneficiary in an amount that is greater than the amount payable under the terms of the Plan, the Plan shall recover the excess benefit amount by eliminating or reducing the Participant's or Beneficiary's future benefit payments, if any; provided, no one benefit payment shall be reduced pursuant to this section by more than 25%. If no further benefits are payable to the Participant or Beneficiary under the Plan, the Board, in its discretion, may employ such means as are available under applicable law to recover the excess benefit amount from the Participant, Beneficiary or other recipient.
8.12 Forfeitures
Forfeitures arising from any cause whatsoever under this Plan shall not be applied to increase the benefits any Participant would otherwise receive under the Plan at any time prior to the termination of the Plan or the complete discontinuance of employer contributions hereunder; forfeitures shall be applied to reduce the Employer's contributions under the Plan in the then current or subsequent years.
8.13Construction and Law Governing
(a) The Plan and Trust Agreement shall be construed, enforced, and administered, and the validity determined, in accordance with the law ofthe State of Georgia.
(b) Words used herein in the masculine or feminine gender shall be construed as the feminine or masculine gender, respectively, where appropriate.
(c) Words used herein in the singular or plural shall be construed as the plural or singular, respectively, where appropriate.

4926_______MUNICIPAL HOME RULE ORDINANCES_________
ARTICLE 9
CODE 415 LIMITATIONS ON BENEFITS
9.01 Code 415 Limitations on Benefits Attributable to Employer Contributions.
(a) Basic Limitation on Benefit. Notwithstanding any provision in the Plan to the contrary and except as provided in subsection (b) hereof, the annual benefit payable to a Participant under the Plan and any other Defined Benefit Plans maintained by an Affiliate, to the extent attributable to Employer Contributions, shall not exceed the Defined Benefit Dollar Limitation.
(b) Exception. The limitations under subsection (a) shall not apply if the Participant's annual benefit attributable to Employer Contributions under the Plan or any other Defined Benefit Plans maintained by an Affiliate does not in the aggregate exceed $10,000.
(c) Adjustments to Basic Limitation.
(1) Adjustment for Early Retirement. If a Participant's benefit under the Plan commences before age 62, the Defined Benefit Dollar Limitation shall be adjusted (in the manner prescribed by the Secretary of the Treasury) so that it is the Actuarial Equivalent [determined using the applicable interest rate and mortality table under Code Section 417(e)(3)] of an annual benefit equal to the Defined Benefit Dollar Limitation commencing at age 62. The reduction under this subparagraph shall not reduce the limitation below (i) $75,000 if the benefit begins at age 55, or (ii) if the benefit begins before age 55, the equivalent of the $75,000 limitation for age 55.
To the extent allowed by the Internal Revenue Service, the above limitations do not apply to Police Officers and Firelighters.
(2) Adjustment for Deferred Retirement. If a Participant's benefit under the Plan commences after age 65, the Defined Benefit Dollar Limitation shall be adjusted (in the manner prescribed by the Secretary of the Treasury) so that it is the Actuarial Equivalent [determined using the applicable interest rate and mortality table under Code Section 417(e)(3)] of a benefit equal to the Defined Benefit Dollar Limitation commencing at age 65.
(3) Adjustment for Less Than Ten Years Credited Service. If a Participant has completed less than ten years Credited Service the Defined Benefit Dollar Limitation shall be adjusted by multiplying it by a fraction, the numerator of which is the Participant's number of years (or part thereof) of Credited Service and the denominator of which is ten.

____________GEORGIA LAWS 2003 SESSION__________4927
(4) Adjustment for Less Than Ten Years of Vesting Service. If a Participant has completed less than ten Years of Vesting Service, the limitation referred to in subsection (a) and the exception described in subsection (b) shall be adjusted by multiplying the amounts described in such limitation and exception by a fraction, the numerator of which is the Participant's number of Years of Service (or part thereof) and the denominator of which is ten.
9.02Special Definitions Applicable to Code Section 415 Limitations.
(a) Defined Benefit Dollar Limitation. The term "Defined Benefit Dollar Limitation" shall mean the $90,000 limitation set forth in Code Section 415(b)( 1 )(A), as adjusted by the Secretary ofTreasury to reflect increases in the cost of living in accordance with Code Section 415(d).
(b) Defined Benefit Plan. The term "Defined Benefit Plan" shall mean any qualified retirement plan maintained by an Affiliate, which is not a Defined Contribution Plan.
(c) Limitation Year. The term "Limitation Year" shall mean the twelve-month period ending on December 31, which period shall be the "limitation year" for purposes of Code Section 415.
(d) Affiliate. The term "Affiliate" shall mean East Point and any entity required to be aggregated with East Point for purposes of Code Section 415.
9.03 Compliance with Code Section 415
The limitations in this Article 9 are intended to comply with the provisions of Code Section 415 so that the maximum benefits permitted under the Defined Benefit Plans maintained by the Affiliates shall be exactly equal to the maximum amounts allowed under Code Section 415 and the regulations promulgated thereunder. Ifthere is any discrepancy between the provisions ofthis Article and the provisions of Code Section 415 and the applicable regulations promulgated thereunder, such discrepancy shall be resolved in such a way as to give full effect to the provisions of the Code.
ARTICLE 10
REQUIRED DISTRIBUTIONS
All distributions shall be made in accordance with Code Section 401(a)(9), the regulations promulgated under Code Section 401(a)(9), including Treasury Regulation 1.401(a)(9)-2 (relating to incidental benefit limitations) and any other provisions reflecting the requirements of Code Section 401 (a)(9) and prescribed

4928_______MUNICIPAL HOME RULE ORDINANCES_________
by the Internal Revenue Service, all of which are hereby incorporated by reference; and the terms of the Plan reflecting the requirements of Code Section 401(a)(9) shall override the distribution options and suspension of benefit provisions in the Plan which are inconsistent with those requirements.
ARTICLE 11
PRIOR PLAN MINIMUM BENEFITS
This Article 11 provides a summary of prior benefits. If there is a discrepancy between this summary and the prior plan documents, the prior plan documents shall control.
11.01 Eligible Participants:
Class 1: Employees transferred from the old Plan on June 19, 1975 Class 2: General employees hired from June 20, 1975 to May 31, 1992. Class 3: Police and fire employees hired from June 20, 1975 to May 31, 1992. Elected Officials: Elected by May 31, 1992.
11.02 Average Monthly Compensation. Class 1: The highest average of monthly Compensation during any consecutive 12 month period during the last 60 months of employment.
Class 2 and Class 3: The highest average of monthly Compensation during any consecutive five year period of employment.
11.03 Normal Retirement Date.
Class 1: Age 50 and eight years of Credited Service. Class 2: Age 65 and ten years of Credited Service. Class 3: Age 55 and ten years of Credited Service.
11.04 Accrued Benefit:
Class 1-3: 2.25% x Average Monthly Compensation x Credited Service
11.05 Deferred Retirement: The Accrued Benefit will increase to reflect any additional Credited Service and any increase in Average Monthly Compensation after the Normal Retirement Date.

____________GEORGIA LAWS 2003 SESSION__________4929
11.06 Termination of Employment Before Normal Retirement Date:
If a Participant terminates employment after completing eight years of Credited Service (Class 1) or ten years of Credited Service (Classes 2 and 3), but before reaching his Normal Retirement Date, he may choose to receive the return of his accumulated contributions with 3% interest or a deferred vested benefit payable at his Normal Retirement Date. Class 2 or 3 participants may elect to begin receiving reduced benefits at age 50. The reduction due to early payment will be in accordance with Table 1 ("Early Retirement Reduction Table") in Section 4-1109 of the prior Plan Document.
If a Participant terminates employment before completing the above required Credited Service, his accumulated participant contributions will be returned to him with 3% annual interest. He will not be entitled to any further benefits from the Plan.
11.07 Disability Benefits:
Disability benefits provide a Participant with income while he is disabled. They terminate if he is no longer disabled. The Board requires periodic examinations by a physician. If a Participant refuses to submit to such an examination, is determined to no longer be disabled, or becomes engaged in any employment, disability benefits will immediately terminate.
If a participant terminates employment due to Disability, his monthly benefit will be equal to the greater of:
(i) His Accrued Benefit; or
(ii) 20% of his average monthly Compensation for the 12 calendar months immediately preceding his termination.
11.08 Normal Form of Benefit Payment:
A monthly payment for the life of a Participant with a minimum return of employee contributions with interest. Optional forms of payment are described under death benefits below.
Surviving spouses of Class 1 participants who were married to the Participant at retirement (Qualified Spouses) receive a 66.67% continuation. Payments do not change if the spouse remarries.

4930_______MUNICIPAL HOME RULE ORDINANCES________
11.09 Death Benefits:
Persons Eligible to Receive Death Benefits
If a Participant dies while employed by East Point or while receiving retirement or Disability benefits under the Plan, his surviving beneficiary may be entitled to receive benefits from the Plan. Class 1 Participants must elect their Qualified Spouse as Beneficiary, unmarried Class 1 and all Class 2 and 3 Participants may elect anyone.
A Beneficiary election is made at the time a Participant joins the Plan. This may be changed at any time. Another, final, election will be made at the time he retires.
Death Prior to Retirement
A Beneficiary will receive a monthly benefit based on the actuarial reserve required at age 65 for the anticipated normal retirement benefit. In calculating this benefit an additional amount of Credited Service equal to 1A of the anticipated Credited Service between date of death and Normal Retirement Date (maximum 10) will be included for Eligible Employees hired before December 1, 1987.
The death benefit payable to the Qualified Spouse of a Class 1 Participant must be at least 2/3 of the Participant's Accrued Benefit. If said surviving spouse remarries, the payments do not change.
A Beneficiary may elect a refund of the Participant's Accumulated Contributions with interest in lieu of a monthly death benefit.
Death After Retirement
When a Participant retires, he may elect that all or a portion of his pension payment be continued to a Beneficiary as follows:
Class 1 married Participants: Upon a Participant's death, the spouse that he was married to at the time he retired will automatically receive 2/3 of his benefit until death or remarriage.
Class 1 unmarried Participants and all Classes 2 and 3: The Participant may elect Joint & Survivor, Period Certain and Life or Social Security Level Income optional forms of benefit in accordance with Tables in the prior Plan document.

____________GEORGIA LAWS 2003 SESSION__________4931

11.10 Cost of Living Increases:
In January of each year, retirement benefits are increased by the percentage increase in the U.S. City Average Consumer Price Index (CPI) ofthe most recent November over the CPI for November of the previous year. The maximum increase is 3%. No reductions in benefits are made if there is a drop in the CPI.
11.11 Council Participation:
A Council member serving before 4/1 192 will be covered by Class 2. However, she will vest after five years, receive $25 per month for each year of service, and be eligible to retire at age 60. She is covered by the termination, disability and death benefits of Class 2.
I HEREBY CERTIFY that the foregoing is a true and exact copy of the City of East Point Employees Retirement Plan, as amended and restated to January 1,2001 and adopted by the City Council on _________.
WITNESS by my hand and seal this _ day of _________.
City of East Point (East Point)

ATTEST:

By:________________ Mayor

NOTICE OF HOME RULE ORDINANCE
At its regularly scheduled meeting on May 6,2002 at 7:30 p.m., and at 2777 East Point Street, East Point, Georgia, the City Council of the City of East Point will consider for adoption an Ordinance to amend the City Charter-Employee Retirement Plan provisions. The second and final reading of the Ordinance will be held on May 20, 2002 at 7:30 p.m. A synopsis of the Ordinance is as follows:
ORDINANCE
AN ORDINANCE PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, et. seq.) AMENDING THE MUNICIPAL CHARTER OF THE CITY OF EAST POINT, GEORGIA, APPROVED AUGUST 19, 1912 (Ga. L. 1912, p. 862. et. seq.), AND THE SEVERAL ACTS AMENDATORY THEREOF INCLUDING THAT ACT APPROVED MARCH 9, 1972

4932_______MUNICIPAL HOME RULE ORDINANCES_______
(Ga. L. 1972, p. 2151, et. seq.), TO RESTATE AND AMEND THE EMPLOYEES RETIREMENT PLAN; TO PROVIDE FOR COMPLIANCE WITH THE MUNICIPAL HOME ACT OF 1965; TO PROVIDE FOR ENROLLMENT; TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; AND FOR OTHER PURPOSES.
A copy of the proposed ordinance is on file and available for inspection in the office of the City Clerk and the office of the Clerk of Superior Court, Fulton County.
Brenda James City Clerk City of East Point 2777 East Point Street East Point, Georgia 30344
David Jean Couch City Attorney City of East Point 2860 Church Street East Point, Georgia 30344
AFFIDAVIT OF PUBLICATION
I, Wade W. Stephens do solemnly swear that I am Advertising Director of the Marietta Daily Journal, Cherokee Tribune, and Neighbor Newspapers, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisement of:
THE CITY OF EAST POINT, regarding:
"Notice of Home Rule Ordinance"
was inserted in the South Fulton Neighbor on April 17, 2002.
s/ WADE W. STEPHENS
Subscribed and sworn to before this 28th day of October, 2002.
s/ ALICE F. DAVIS_____ ALICE F. DAVIS
Notary Public, Cobb County, Georgia My Commission Expires August 20, 2004

____________GEORGIA LAWS 2003 SESSION__________4933
AFFIDAVIT OF PUBLICATION
I, Wade W. Stephens do solemnly swear that I am Advertising Director of the Marietta Daily Journal, Cherokee Tribune, and Neighbor Newspapers, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisement of:
THE CITY OF EAST POINT, regarding:
"Notice of Home Rule Ordinance" was inserted in the South Fulton Neighbor on April 24, 2002.
s/ WADE W. STEPHENS
Subscribed and sworn to before this 28th day of October, 2002.
s/ ALICE F. DAVIS____ ALICE F. DAVIS
Notary Public, Cobb County, Georgia My Commission Expires August 20, 2004
November 8, 2002
TO WHOM IT MAY CONCERN:
I, Brenda B. James, City Clerk for the City of East Point, Georgia do hereby certify that I am the keeper of the seal, minutes and records of said city; that the attached is a true, correct and exact copy of the Ordinances in the City Clerk's Office in the city of East Point, Georgia.
1. Copy of City Ordinance; Section 4-1101 of the Retirement Plan that is included in the Municipal Charter of the City of East Point.
2. Affidavit of Publication from Neighbor Newspapers and Tear Sheets
IN WITNESS WHEREOF I have hereunto affixed my official signature and the corporate seal of said city this 8th day of November 2002.
s/ BRENDA B. JAMES Brenda B. James, City Clerk
City Seal
Filed in the Office of the Secretary of State November 14, 2002.

4934_______MUNICIPAL HOME RULE ORDINANCES_________
CITY OF ADEL - TELECOMMUNICATIONS SYSTEM NETWORK.
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ADEL BY ADDING A NEW SECTION IMMEDIATELY FOLLOWING SECTION 21, TO BE DESIGNATED AS SECTION 21.1, SO AS TO PROVIDE FOR ADDITIONAL POWERS, DUTIES, AND AUTHORITY OF THE CITY COUNCIL OF THE CITY OF ADEL, 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 Adel, 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 17, 1960 (Ga. L. 1960, p. 3055), 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 Adel, Georgia, and IT IS HEREBY ORDAINED, by the authority of the same, as follows:
Section 1. The Charter of the City of Adel, Georgia, which was established by an Act creating a new Charter for the City of Adel, Georgia, approved on March 17, 1960 (Ga. L. 1960, p. 3055), as amended, is hereby amended by adding a new section to read as follows:
"Section 21.1. 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 Adel, 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

_____________GEORGIA LAWS 2003 SESSION__________4935

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.

Sections. If any part of this ordinance shall be declared void, it is the intent and the purpose hereofthat all other provisions not so declared void shall remain in full force and effect.

Section 4. The 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 AdelNews-Tribune, the official newspaper in which Sheriffs advertisements are published in Cook 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 a nd d irected to cause the publisher of the The Adel News-Tribune to execute an affidavit of such publication.

This ordinance was introduced and read at a lawful meeting of the Council of the City of Adel held on Dec. 17, 2001 and read the second time, passed, and adopted in like meeting held on January 7, 2002.

CITY OF ADEL, GEORGIA

[SEAL]

s/ RICHARD C. BARR_____ Richard Barr, Mayor

Attest:

s/ RHONDA ROWE_____ Rhonda Rowe, City Clerk

4936_______MUNICIPAL HOME RULE ORDINANCES________
Exhibit "A"
NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF ADEL, 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 ADEL, GEORGIA COOK COUNTY
Notice is hereby given that an ordinance will be introduced on December 17, 2001 and read for final adoption on the 7th day of January, 02, to amend the Charter of the City of Adel, Georgia, which was created by an act amended on March 17, 1960 (Ga. L. 1960, p. 3055), as amended, so as to authorize the City of Adel, 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 Adel, Georgia is on file in the office of the Clerk of the City of Adel, and is on file in the office of the Clerk of the Superior Court of Cook County, Georgia, for the purpose of examination and inspection by the public, all as required by law.
This 7th day of January, 2002.
s/Rhonda Rowe__________ Rhonda Rowe, City Clerk
CLERK'S CERTIFICATE
NOW COMES the undersigned Clerk of the City of Adel, Georgia (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 duly adopted by the City in a public meeting properly and lawfully assembled on January 7, 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 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.

____________GEORGIA LAWS 2003 SESSION__________4937

This 7th day of January, 2002.

(SEAL)

s/Rhonda Rowe_____ Rhonda Rowe, Clerk

STATE OF GEORGIA COUNTY OF COOK

Personally appeared before the undersigned attesting officer, Ann Knight, who, on oath deposes and says that she is the publisher of that newspaper known as The Adel News-Tribune, which publishes a weekly edition, and that the The Adel News-Tribune published on Wednesday of each week is the newspaper in which Sheriffs advertisements for Cook County are published. Further deposing, she says that as publisher of that 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 Adel, Georgia was published in the The Adel News-Tribune on the 12th day of December, and on the 19th day of December, and on the 26th
day of December, 2001.

This 7th day of January, 2002.

s/Ann Knight_______ Ann Knight, Publisher The Adel News-Tribune

NOTICE OF INTENTION TO AMEND CHARTER

OF THE CITY OF ADEL, 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 ADEL, GEORGIA COOK COUNTY

Notice is hereby given that an ordinance will be introduced on December 17, 2001 and read for final adoption on the 7th day of Jan. 2002, to amend the Charter of the City of Adel, Georgia, which was created by an act amended on March 17,1960 (Ga. L. 1960, p. 3055), as amended, so as to authorize the City of Adel, Georgia to acquire, construct, operate, maintain and contract with
respect to a telecommunications systems network.

4938_______MUNICIPAL HOME RULE ORDINANCES_________
A copy of this proposed amendment to the Charter of the City of Adel, Georgia is on file in the office of the Clerk of the City of Adel, and is on file in the office of the Clerk of the Superior Court of Cook County, Georgia, for the purpose of examination and inspection by the public, all as required by law.
50.51.52
Sworn to and subscribed before me this 7th day of January, 2002.
s/ CATHY MURPHY________ Notary Public, Cook County, Georgia My Commission Expires Aug. 12, 2005.
[SEAL]
Filed in the Office of the Secretary of State November 20, 2002.
CITY OF ADEL - MAYOR PRO TEM; ELECTION; COUNCIL DISTRICTS; REDISTRICTING.
Ordinance No. 01-14
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ADEL BY AMENDING SECTION 6
AND SECTION 9(d)
BE IT ORDAINED AND ENACTED by the Mayor and Council of the City of Adel, Georgia as follows:
SECTION 1. Section 6 of the Charter of the City of Adel, Georgia is hereby deleted in its entirety and the following is substituted in lieu thereof:
SECTION 6. Council meetings; selection, function of mayor pro tern.
The council shall meet in regular session on first and the third Monday in each month and such other times as the council may set by ordinance. Special meetings of the council may be called at any time by the mayor or by a majority of the members of the council. The mayor shall preside over all meetings of the council, but shall have no vote except when the vote of the council is equally divided.
At the first regular meeting of each calendar year, the council shall elect one of its members as mayor pro tem who shall, in the event of the absence, disability or

____________GEORGIA LAWS 2003 SESSION__________4939

disqualification of the mayor, perform all the duties and exercise all the rights and powers and privileges of the office of mayor.

SECTION 2. Section 9(d) of the Charter of the City of Adel is hereby deleted in its entirety and the following is substituted in lieu thereof:

(d) The line dividing the City of Adel for the purpose of creating said election district 1 and election district 2 is described as follows: Beginning at the intersection of U.S. Highway 41 (GA Highway 7) with the northerly City limits of Adel and extending through the city of Adel along said Highway to the southern most point of the city limits of Adel. All area lying and being to the west of said highway shall comprise election district 1 and all area lying and being to the east of said highway shall comprise election district 2.

SECTIONS. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

SECTION 4. Should any part of this ordinance 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 5. This ordinance shall become effective upon its final adoption and upon preclearance by the United States Department of Justice as provided in the 1965 Voting Rights Act.

Introduced and Read on December 17, 2001.

Adopted on January 7, 2002.

City of Adel

(Seal)

By: s/ Richard C. Barr________ Mayor
Attest: s/Rhonda P. Rowe Clerk

CLERK'S CERTIFICATE

NOW COMES the undersigned Clerk of the City of Adel, Georgia (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 duly adopted by the City in a public meeting properly and lawfully assembled on January 7, 2002, in compliance with Official Code of Georgia Annotated Section 50-14-1,

4940_______MUNICIPAL HOME RULE ORDINANCES_________
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 7th day of January, 2002.
(SEAL)
s/ RHONDA ROWE_____ Rhonda Rowe, Clerk
NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF ADEL, GEORGIA
BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSSEMBLY KNOWN AS "THE MUNICIPAL HOME RULE ACT OF 1965"
CITY OF ADEL, GEORGIA COOK COUNTY
Notice is hereby given that an ordinance will be introduced on December 17, 2001 and read for final adoption on the 7th day of January, 2002, to amend the Charter of the City of Adel, Georgia, which was created by an act amended on March 17, 1960 (Ga. L. 1960, p. 3055), as amended, to provide for the election of a Mayor Pro Tem by the Council annually and to amend Section 9(d) of the Charter of the City of Adel to reapportion Election Districts 1 and 2 pursuant to O.C.G.A. 36-35-4-1.
A copy of this proposed amendment to the Charter of the City of Adel, Georgia is on file in the office of the Clerk of the City of Adel, and is on file in the office of the Clerk of the Superior Court of Cook County, Georgia, for the purpose of examination and inspection by the public, all as required by law.
This 7th day of January, 2002.
s/ RHONDA ROWE______ Rhonda Rowe, City Clerk
STATE OF GEORGIA COUNTY OF COOK
Personally appeared before the undersigned attesting officer, Ann Knight, who, on oath deposes and says that she is the publisher of that newspaper known as The

____________GEORGIA LAWS 2003 SESSION__________4941
Adel News-Tribune, which publishes a weekly edition, and that the The Adel News-Tribune published on Wednesday of each week is the newspaper in which Sheriffs advertisements for Cook County are published. Further deposing, she says that as publisher of that 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 Adel, Georgia was published in the The Adel News-Tribune on the 12th day of December, and on the 19th day of December, and on the 26th day of December, 2001.
This 7th day of January, 2002.
s/ANN KNIGHT_______ Ann Knight, Publisher The Adel News-Tribune
NOTICE OF INTENTION TO AMEND CHARTER
OF THE CITY OF ADEL, 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 ADEL, GEORGIA COOK COUNTY
Notice is hereby given that an ordinance will be introduced on December 17, 2001 and read for final adoption on the 7th day of January 2002, to amend Section 6 of the Charter of The City of Adel, Georgia, which was created by an act amended on March 17,1960 (Ga. L. 1960, p. 3055), as amended to provide for the election of a Mayor Protem by the Council annually and to amend Section 9 (d) of the Charter of the City of Adel to reapportion Election Districts 1 and 2 pursuant to O.C.G.A. 36-35-5-1.
A copy of this proposed amendment to the Charter of the City of Adel, Georgia is on file in the office of the Clerk of the City of Adel, and is on file in the office of the Clerk of the Superior Court of Cook County, Georgia, for the purpose of examination and inspection by the public, all as required by law.
50.51.52

4942_______MUNICIPAL HOME RULE ORDINANCES
Sworn to and subscribed before me this 7th day of January, 2002.
s/ CATHY MURPHY ___ Notary Public, Cook County, Georgia My Commission Expires Aug. 12, 2005.
[SEAL]
Filed in the Office of the Secretary of State November 20, 2002.
CITY OF DALTON - EMPLOYEES' PENSION PLAN.
ORDINANCE 02-15
To Amend The Mayor And Council Of The City Of Dalton Employees' Pension Plan Adopted Under The Charter OfThe City OfDalton, First Approved February 24, 1874 (Georgia Law 1874, P. 181), As Amended, And Particularly By An Act Approved March 22, 1974 (Georgia Law 1974, P. 2744), By An Act Approved February 11, 1977 (Georgia Law 1977, P. 2601), By An Act Approved March 18, 1980 (Georgia Law 1980, P 3242), By An Act Approved April 19, 1982 (Georgia Law 1982, P 5002), And As Amended By Ordinances Adopted Pursuant To The Georgia Home Rule Act of 1965; By Striking And Deleting In Its Entirety Section 1 Captioned "Definitions" And Substituting In Lieu Thereof A New Section 1 Captioned "Definitions"; By Striking And Deleting In Its Entirety Section 2 Captioned "Eligibility and Participation" And Substituting In Lieu Thereof A New Section 2 Captioned "Eligibility and Participation"; By Striking And Deleting In Its Entirety Section 3 Captioned "Normal Retirement" And Substituting In Lieu Thereof A New Section 3 Captioned "Normal Retirement"; By Striking And Deleting In Its Entirety Section 4 Captioned "Early Retirement" And Substituting In Lieu Thereof A New Section 4 Captioned "Early Retirement"; By Striking And Deleting In Its Entirety Section 5 Captioned "Late Retirement" And Reserving Section 5; By Striking And Deleting In Its Entirety Section 6 Captioned "Qualifying Spouse Defined: When Qualifying Spouse Deemed Beneficiary" And Substituting In Lieu Thereof A New Section 6 Captioned "Qualifying Spouse Defined: When Qualifying Spouse Deemed Beneficiary"; By Striking And Deleting In Its Entirety Section 7 C aptioned " Cost-Of-Living A djustment" A nd Substituting I n L ieu Thereof A New Section 7 Captioned "Cost-Of-Living Adjustment"; By Striking And Deleting In Its Entirety Section 8 Captioned "Termination Of Employment Before Retirement" And Substituting In Lieu Thereof A New Section 8 Captioned "Termination Of Employment Before Retirement"; By Striking And Deleting In Its Entirety Section 9 Captioned "Contributions" And Substituting In Lieu Thereof A

____________GEORGIA LAWS 2003 SESSION_________4943

New Section 9 Captioned "Contributions"; By Striking And Deleting In Its Entirety Section 10 Captioned "Management And Administration" And Substituting In Lieu Thereof A New Section 10 Captioned "Management And Administration"; By Striking And Deleting In Its Entirety Section 11 Captioned "Amendment Of Plan" And Substituting In Lieu Thereof A New Section 11 Captioned "Amendment Of Plan"; By Striking And Deleting In Its Entirety Section 12 Captioned "Miscellaneous" And Substituting In Lieu Thereof A New Section 12 Captioned "Miscellaneous"; To Provide For Severability; To Provide For An Effective Date; To Repeal Conflicting Ordinances; And For Other Purposes.

BE IT ORDAINED by the Mayor and Board of Alderman of the City of Dalton and by authority of the same, IT IS HEREBY ORDAINED as follows:

SECTION 1:

Amend "The Mayor and Council ofthe City ofDalton Employees' Pension Plan" by striking Section 1 captioned "Definitions" and substituting in lieu thereof a new Section 1 captioned "Definitions" which shall read as follows:

SECTION 1 DEFINITIONS

As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated:

1.01 Employer:

shall mean whichever of the Mayor , the Council, the Public Safety Commission, the Water, Light and Sinking Fund Commission, the Recreation Commission of the City of Dalton, the Northwest Georgia Trade and Convention Center Authority, an entity created by contract between the City of Dalton and County of Whitfield or the Dalton-Whitfield Regional Solid Waste Management Authority, a regional solid waste management authority ofthe City ofDalton and County of Whitfield created jointly by the governing bodies to the Regional Solid Waste Management Authorities Act (O.C.G.A. * 12-8-50 et seq.) exercising direction and control over the participant at the time of reference.

1.02Board:

shall mean the Board of Trustees of the Mayor and Council ofthe City ofDalton Employees' Pension Plan, established in accordance with Section 10.04.

4944

MUNICIPAL HOME RULE ORDINANCES

shall mean the "Mayor and Council of the City of Dalton Employees' Pension Plan" as herein amended and restated.

1.04PriorPlan:

shall mean the Mayor and Council ofthe City of Dalton Employees Pension Plan, as in effect on June 30,1982.

1.05 Employee:

shall mean, except as specifically provided herein, all persons including the City Clerk employed by an Employer. However, it shall not include the Mayor, Councilmen, Water, Light and Sinking Fund Commissioners, Recreation Commissioners (including, but not limited to the Police and Fire Department Commissioners, members of the Board of Directors of the Northwest Georgia Trade and Convention Center Authority, or members of the Dalton-Whitfield Regional Solid Waste Management Authority, nor shall it include any individual who is designated as a consultant or independent contractor by the City.

means any Employee who has satisfied the provisions for participation set forth in Section 2 of this Plan, and who has not incurred a Severance.

l.OTParticipant:

shall mean an Eligible Employee, or former Eligible Employee who is receiving or is entitled to receive a nonforfeitable benefit under the terms of the Plan or the Prior Plan.

1.08 Contributions:

shall mean the Employer contributions made in accordance with Section 9.01 of the Plan as well as the Participant's contributions made in accordance with Section 9.03 of the Plan.

1.09Credited Services:

shall mean "Continuous Service" as defined under the terms of the Prior Plan for those Participants who participated in the Prior Plan as of June 30, 1982, expressed in months of service. For periods of service rendered after June 30, 1982, Credited Service shall mean all months of service beginning on or after July 1, 1982, determined as the total Period of Service while the Employee is employed by the Employer. Any Participant who commences participation in this Plan as of January 1, 1988, due to Section 2.04, shall receive

GEORGIA LAWS 2003 SESSION__________4945
Credited Service under the Plan from January 1, 1988 to the Participant's Severance. Such Participant may make an election, on such form as the Board may prescribe, to contribute additional employee contributions, in accordance with Section 9.03 (ii), in order to receive additional Credited Service for the period of time he was employed by the Employer but was excluded from participation in the Plan or the Prior Plan due to the maximum Age provisions contained in the plans prior to this amendment. The period of Credited Service elected may be all or any portion of his Period of Service. Any participant who commence his/her participation in this plan on the effective date of the amendment to the Plan providing for participation by eligible employees of the Northwest Georgia Trade and Convention Center Authority my elect to purchase Credited Service under the Plan back to January 1, 1989 in accordance with the following terms and conditions. Such participant(s)shall make such election on such forms as the Board may prescribe and such election form with payment required in the next sentence shall be delivered to the Clerk of the City of Dalton as agent for the Board on or before April 15, 1995, otherwise such election shall expire. Such participant shall pay into the Plan in consideration for past service credit a sum equal to forty (40%) percent of the estimated actuarial cost of the benefit purchased as determined by the Plan's independent actuaries. No such participant may elect to purchase Credited Service for any period that he/she was not otherwise eligible to be a Participant in the Plan had this amendment been in effect. The period of Credited Service elected may, however, be for all or any portion of his/her period of service back to January 1,1989. Any eligible employee of the Dalton-Whitfield Regional Solid Waste Management Authority who had commenced his/her participation in this Plan on or before the effective date of this amendment to the Plan providing participation by eligible employees of Dalton-Whitfield Regional Solid Waste Management Authority and who was an employee of the City of Dalton Participating in the Plan on the day immediately preceding the activation of the Dalton-Whitfield Regional Solid Waste Management Authority shall be deemed to have accrued no break in

4946

MUNICIPAL HOME RULE ORDINANCES

1.1 OPeriod of Service:
1.11 Month of Service:

service under the Plan between his/her employment with the City of Dalton and his/her transfer to the Dalton-Whitfield Regional Solid Waste Management Authority.
shall mean a period of service commencing on the Employee's Employment Commencement Date and ending on a Severance.
shall mean a calendar month during all or part of which the employee shall be engaged as a full-time employee of the Employer.

1.12 Employment Employee first performs services as a full-time Commencement Employee for the Employer. Date:

1.13 Severance:

shall mean the earlier of the date on which an employee terminates from the employ of Employer for any reason, including retirement pursuant to provisions of Sections 3 or 4 of this Plan, whichever shall first occur. Severance shall not result from any period of absence of an Employee who, prior to beginning such leave, obtained a written authorized leave of absence from the Employer, pursuant to an established nondiscriminatory policy, whether occasioned by illness or any other reason. In such event, the Employer shall keep a copy of the prior written authorization in the Employee's personnel file. Severance shall not result from an employee transferring from one Employer to another Employer, even if the Employee's employment is deemed terminated by the previous Employer for other purposes. Severance shall not occur as provided by the Uniformed Services Employment and Re-Employment Rights Act of 1994 ("USERRA").

1.14Participation shall mean the date a Participant first commences Commencement participation under the Plan. Date:

1.15 Basic Monthly: means, with respect to any Participant, the total compensation paid or accrued, including any bonus or deferred compensation for past services or

GEORGIA LAWS 2003 SESSION

4947

performance, paid or accrued by the Employer for a Plan Year divided by twelve (12). Amounts contributed by the Employer under the Plan and any fringe benefit shall not be considered as compensation. Any bonus or deferred income for past services or performance is not a fringe benefit and is included in total compensation for the Plan year paid or deferred. Notwithstanding the foregoing, and except as provided below, the total compensation taken into account shall not exceed the maximum limitation of Code section 401(a)(17), as adjusted from time to time.

1.16EffectiveDate: shall mean (a) January 1, 1967 as to the Prior Plan as amended; and (b) July 1, 1982 as to the Plan herein amended and restated.

1.17 Plan Year:

shall mean the twelve-month period ending December 31 st of each year.

1.18 Participant's Contributions With Interest:

shall mean, as of any date, the total of a participant's contributions made after the effective date shall mean, as of any date, the total of a participant's contributions made after the effective date of the Prior Plan plus accumulated compound interest at the rate of three (3%) percent per annum from the last day of the year in which a contribution is made to the date of reference.

1.19 Investment Manager:

means any person, firm or corporation who is a registered investment adviser under the Investment Adviser's Act of 1940, a bank or an insurance company, and (a) has the power to manage, acquire, or dispose of Plan assets, and (b) who acknowledges in writing his fiduciary responsibility to the Plan.

1.20Contract:

means, as of the effective date of this Plan and under the Prior Plan, Group Annuity Contract No. 1515, issued by the Metropolitan Life Insurance Company to the Employer, the Plan or the Board, as amended from time to time, or any other annuity contract or policy of insurance made or entered or substituted for the foregoing by the Board after the effective date of this
Plan.

4948

MUNICIPAL HOME RULE ORDINANCES

1.21 Prior Benefits:

shall mean the Participant's monthly benefit, determined under the provisions ofthe Plan as it existed prior to July 1, 1982, including any permanent disability, pension or death benefit.

1.22 Actuarial Equivalent:

shall mean one-half of one percent (.005) for each full calendar month during the period being counted. Examples: (1) For early retirement benefits calculated under section 4.02, the reduction is one-half of one percent (.005) for each full calendar month from the Early Retirement Date to the earliest Normal Retirement Date. (2) For benefits calculated for Participants terminating after one hundred and twenty (120) months and making the election under section 8.02 (iv), the reduction is one-half of one percent (.005) for each full calendar month from the month of commencement ofbenefits after the 55th birthday to the Normal Retirement Date.

1.23 Final AveraRe Earnings:

mean the average of a Participant's basic monthly earnings during any period of thirty-six (36) consecutive calendar months within the last ten (10) years of Credited Service which produces the highest monthly average.

1.24Pension Benefit: shall mean, as of the Severance (on or after January 1, 1988), the monthly retirement benefit ofthe Participant, equal to the product of (a) multiplied by (b), where (a) is fifteen hundredths of a percent (0.15% or .0015) of the Participant's Final Average Earnings, and (b) is the Participant's Credited Service.

1.25 Beneficiary:

shall mean the person (s) designated by the Participant in accordance with Section 6.03 or its predecessor provision(s) under the Prior Plan, who is or are entitled to receive benefits after the death of a Participant under the terms of the Plan.

1.26Plan Actuary:

shall mean an individual who is an enrolled actuary, or shall mean a company having as employees one or more enrolled actuaries, who or which provides actuarial services to the Plan. If the Plan Actuary is a company, such company shall designate, in writing to the Board, the individual enrolled actuary who is

____________GEORGIA LAWS 2003 SESSION__________4949

responsible for the actuarial services to be provided to the Plan.

1.27 Plan Assets

shall mean all property of any kind held by the Board at the time of reference pursuant to the provisions of the Plan together with any income accruing thereon.

1.28Code:

shall mean the Internal Revenue Code of 1986, as amended from time to time, or any successor statute.

1.29Retire:

shall mean to have a Severance on or after the date upon which a Participant becomes eligible for a benefit under Section 3 or 4 of this Plan.

1 JOCity:

shall m can t he M ayor a nd Council o f t he C ity o f Dalton.

SECTION 2:

Amend "The Mayor and Council ofthe City of Dalton Employees' Pension Plan" by striking Section 2 captioned "Eligibility and Participation" and substituting in lieu thereof a new Section 2 captioned "Eligibility and Participation" which shall read as follows:

SECTION 2 ELIGIBILITY AND PARTICIPATION

2.01 Participation of Participants Under Prior Plan

Each Employee in the employ of the Employer on June 30, 1982 who was a Participant in the Prior Plan as of such date, shall continue to participate herein in accordance with the provisions hereof. Former employees who are Participants and who are receiving or are entitled to receive a non-forfeitable benefit under the terms of the Prior Plan shall receive said Prior Benefit in accordance with the provisions of the Prior Plan.

2.02Eligibilitv Requirement for Employees Employed Before July 1. 1982

Each Employee in the employ of the Employer on June 30, 1982 shall be eligible to participate in accordance with the eligibility for participation provisions of the Prior Plan.

4950_______MUNICIPAL HOME RULE ORDINANCES_________
2.03Eligibility Requirements for Employees Effective July 1. 1994
(i) Effective July 1, 1994, each Employee who has completed six (6) continuous months of full time service shall participate in the Plan an shall enter the Plan as a Participant as the first (1st) day of the month coincident with or immediately following his/her satisfying such requirement. There shall be no minimum age requirement.
(ii) Each Employee shall make application to the Employer for participation in the Plan an agree to the terms hereof. Making of said application shall apply to a Participant eligible under Sections 2.01 and 2.02 as well as Section 2.03 hereof. In the event any Employee fails to file such application, the Employer may file such application on behalf of such Employee, on a non-discriminatory basis. Upon the acceptance of any benefits under this Plan, such Employee shall automatically be bound by the terms and conditions of this Plan and all amendments hereto.
2.04Participation of Employees Previously Excluded from Participation due to Maximum Age Provisions
Any active Employee as of January 1, 1988, who was excluded from participating in the Plan or the Prior Plan due to attainment of age 50 as of the date he would have otherwise satisfied the eligibility requirements under Paragraphs 2.01, 2.02, or 2.03, shall have the right to commence participation in the Plan as of January 1, 1988.
2.05 Participation of Persons Entitled to Prior Benefits
Any person who has ben a participant in the Prior Plan and who became entitled to Prior Benefits shall continue to participate in the Plan as a recipient of the Prior Benefits as provided under the Prior Plan.
2.06Determination of Eligibility
The Board shall determine the eligibility of each Employee for participation in the Plan based upon information furnished by the Employer, and other sources as acceptable to the Board. Such determination shall be conclusive and binding upon all person, as long as the same is made in accordance with the terms of the Plan and applicable federal and state statues, provided such determination shall be subject to review as provided in Section 10.05.

____________GEORGIA LAWS 2003 SESSION__________4951
2.07Plan Participation Does Not Affect Employer's Right to Discharge
Participation in the Plan shall not give any Employee the right to be retained in the Employer's employ or to interfere with the right of the Employer to discharge any Employee at any time.
2.08Participation with Employment Commencement Date On or After July 1. 2002
Employees with an Employment Commencement Date, including former Employees re-hired after a Severance, on or after July 1, 2002 shall not be an Eligible Employee and shall not become a Participant.
SECTION 3:
Amend "The Mayor and Council of the City of Dalton Employees' Pension Plan" by striking Section 3 captioned "Normal Retirement" and substituting in lieu thereof a new Section 3 captioned "Normal Retirement" which shall read as follows:
SECTION 3 NORMAL RETIREMENT
Normal Retirement under the Plan is Severance on or after the Normal Retirement Date. In the event of Normal Retirement, payment of the Pension Benefit shall be governed by the following provisions of this section.
3.01 Normal Retirement Date
The Normal Retirement Date of a Participant shall, at the election of the Participant, be one of the following:
(i) the first day of the month coincident with or immediately following the date he attains his 65th birthday and completes, at least, five (5) years of participation in the Plan,
(ii) the first date of the month coincident with or immediately following the completion of both, at least, three hundred (300) months of Credited Service and attainment of age 55, or
(iii) the first day of the month coincident with or immediately following the completion of, at least, three hundred and sixty (360) months of Credited Service.

4952_______MUNICIPAL HOME RULE ORDINANCES_________
3.02Payment of Pension Benefit
The Pension Benefit in the event of Normal Retirement shall be payable in advance on the first day of each month with the first payment due on the first day of the month following the Participant's Normal Retirement Date, subject to final approval by the Board. The pension benefit shall be paid during the life of the Participant and for a period of one hundred twenty (120) months certain and continuous from the first day of the month following the Participant's Normal Retirement Date. In the event of the Participant's death within a period of one hundred twenty (120) months after his Normal Retirement Date, the same pension benefit shall be payable for the remainder of the one hundred twenty (120) month period to the Participant's Beneficiary. If the deceased Participant shall have a qualifying spouse as d efined i n S ection 6 .01 h ereof, a m onthly s urvivor b enefit payment equal to fifty-five (55%) percent of the pension benefit shall be payable to said qualifying spouse during said qualifying spouse's lifetime. This survivor benefit to said qualifying spouse shall be paid in advance on the first day of the each month with the first payment due on the first day of the month coincident with or following the one hundred twenty (120) month period from the deceased Participant's actual retirement date.
3.03 Election of Fixed Monthly Benefit Under Prior Plan
A Participant who has made the irrevocable election or prior to retirement elects under Section 6(b) and (c) of the Prior Plan (GA L. 1974, p. 2744, as amended) the fixed monthly retirement benefit of one hundred ($ 100) dollars per month payable during the Participant's life upon the Participant attaining age 65 or completing twenty-five (25) years of continuous service, shall be entitled only to said elected benefit and Section 3.01, 3.02, and 3.03 hereof are not applicable to said electing Participant. The irrevocable election provided in the foregoing paragraph shall b made on a form prescribed by the Board and only those Participants under the Prior Plan covered under the pension provisions of Ga L. 1945, p. 593, as amended, are eligible to make such election.
SECTION 4:
Amend "The Mayor and Council of the City of Dalton Employees' Pension Plan" by striking Section 4 captioned "Early Retirement" and substituting in lieu thereof a new Section 4 captioned "Early Retirement" which shall read as follows:

____________GEORGIA LAWS 2003 SESSION__________4953
SECTION 4 EARLY RETIREMENT
Early Retirement under the Plan is Severance on or after the Early Retirement Date and prior to the earliest Normal Retirement Date. Early Retirement shall be governed by the following provisions of this section.
4.01 Early Retirement Date Defined
Early Retirement Date of a Participant shall be on the date of Severance occurring:
(i) prior to Participant's earliest Normal Retirement Date;
(ii) after the Participant has reached his 50th birthday; and,
(iii) the Participant has, at least, one hundred eighty (180) months of Credited Service.
4.02Pavment of Pension Benefit
The benefit payable in the event of Early Retirement shall be in the amount and payable as follows:
A monthly benefit equal to the Pension Benefit, reduced by the Actuarial Equivalent as provided under Section 1.22 hereof for the period beginning on the Early Retirement Date and ending on the Participant's earliest possible Normal Retirement Date assuming that such Participant would have continued employment.
Said monthly benefit shall commence immediately upon the Participant's Early Retirement with the first monthly benefit payment due on the first day of the month following his Early Retirement Date, subject to final approval by the Board. Payment of said monthly Early Retirement benefit shall be made in advance on the first day of each month. The Early Retirement monthly benefit shall be paid during the life of the Participant and for a period of one hundred twenty (120) months certain and continuous from the Participant's Early Retirement Date.
In the event of the Participant's death within a period of one hundred twenty (120) months of his Early Retirement Date, the same monthly Early Retirement benefit shall be payable for the remainder of the one hundred twenty (120) month period to the Participant's Beneficiary. Ifthe deceased Participant shall have a qualifying spouse as defined in

4954_______MUNICIPAL HOME RULE ORDINANCES________
Section 6.01 hereof, a monthly survivor benefit payment equal to fifty-five (55%) percent of the pension benefit shall be payable to said qualifying spouse during said qualifying spouse's lifetime. This survivor benefit to said qualifying spouse shall be paid in advance on the first day of each month with the first payment due on the first day of the month coincident with or following the one hundred twenty (120) month period from the deceased Participant's actual retirement date.
4.03 Early Retirement Not Applicable to Those Electing Under Section 3.03
The election for early retirement provided in this Section 4 of the Plan shall not be applicable to any Participant making the irrevocable election referred to in Section 3.03 hereof.
SECTION 5:
Amend "The Mayor and Council ofthe City ofDalton Employees' Pension Plan" by striking Section 5 captioned "Late Retirement" and reserving Section 5 for later use.
SECTION 6:
Amend "The Mayor and Council ofthe City ofDalton Employees' Pension Plan" by striking Section 6 captioned "Qualifying Spouse Defined: When Qualifying Spouse Deemed Beneficiary" and substituting in lieu thereof a new Section 6 captioned "Qualifying Spouse Defined: When Qualifying Spouse Deemed Beneficiary" which shall read as follows:
SECTION 6 QUALIFYING SPOUSE DEFINED: WHEN QUALIFYING SPOUSE DEEMED BENEFICIARY
6.01 Qualifying Spouse Defined
The term "qualifying spouse" for purposes of this Plan shall mean the surviving spouse of the Participant who has been legally married to the Participant for a period greater than or equal to one (1) year immediately preceding the date of Participant's death.
6.020ualifving Spouse Deemed Beneficiary Where No Beneficiary Designation Made
If a Participant, with a qualifying spouse, has not made a beneficiary designation as hereinafter provided in Section 6.03 (i), said qualifying

____________GEORGIA LAWS 2003 SESSION__________4955
spouse shall be deemed the Participant's beneficiary for purposes of any benefits under this Plan.
6.03 Designation of Beneficiaries
(i) Each Participant may designate a Beneficiary to receive the benefits, if any, which may be payable in the event of his death, pursuant to the provisions of Section 3.02,4.02, and 8.02. Such designation shall be made in writing by the Participant on a form provided by the Employer. The Participant may change his designation from time to time by filing the proper change of beneficiary form with the Employer, and each properly executed change of beneficiary form shall revoke all prior designations by the Participant. In the event a Participant has designated a Beneficiary under the Contract prior to July 1, 1982, but has not designated a Beneficiary pursuant to this Section, the Beneficiary designated under the Contract shall be deemed to be the Beneficiary designated under this section.
(ii) If the Beneficiary designated by the Participant does not survive the Participant, the Board shall direct the payment of such benefits to a "deemed beneficiary" in the following order to: (a) the qualifying spouse ofthe deceased Participant, if living; otherwise to (b) the descendants of the deceased Participant, per stirpes; or, if none, to (c) the legal representative of the estate of the deceased Participant.
(iii) In the event of the death of a Beneficiary who survives the Participant and who, at his or her death, is receiving the benefits as described in Section 6.03 (i), the remaining benefits payable shall be paid first to any surviving contingent beneficiary designated by the Participant to receive such benefits or, if no person was so designated, then to the descendants of the Participant, per stirpes; provided, however, that if no such person be living upon the occurrence of such contingency, the benefits, if any shall be payable to (a) the qualifying spouse of the deceased Participant, if living; otherwise, to (b) the legal representative of the estate of the deceased beneficiary.
(iv) In the event the Board is uncertain as to direction of the payments hereunder, the Board may elect to have a Court of applicable jurisdiction determine to whom payment should be made.
SECTION 7:
Amend "The Mayor and Council ofthe City ofDalton Employees' Pension Plan" by striking Section 7 captioned "Cost-Of-Living Adjustment" and substituting in lieu thereof a new Section 7 captioned "Cost-Of-Living Adjustment" which shall read as follows:

4956_______MUNICIPAL HOME RULE ORDINANCES________
SECTION 7 COST-OF-LIVING ADJUSTMENT
7.01 Benefits Subject to Adjustment
Subject to Section 7.02 hereof, the Pension Benefit payable to a Participant, a Beneficiary or a Qualifying Spouse under Sections 3.02, 4.02, or 8.02 hereof may be subject to an annual cost-of-living adjustment in such amount and manner of application as may be determined by the Employer from time to time in its sole discretion.
7.02Effective Date: Termination of Automatic Adjustment
The right of Employer to make any cost-of-living adjustment as provided in Section 7.01 hereof shall not take effect until January 1, 2000. The cost-of-living adjustment for Plan Year 1999, four percent (4%) of the monthly benefit which was payable to the Participant as of the immediately preceding December 1, shall not be affected, but no cost-of-living adjustment shall automatically apply to Plan Year 2000.
SECTION 8:
Amend "The Mayor and Council of the City of Dalton Employees' Pension Plan" by striking Section 8 captioned "Termination of Employment Before Retirement" and substituting in lieu thereof a new Section 8 captioned "Termination of Employment Before Retirement" which shall read as follows:
SECTION 8 TERMINATION OF EMPLOYMENT BEFORE RETIREMENT
8.01 Termination Prior to 120 months of Credited Service
Any Participant whose employment with the Employer terminates prior to his Normal Retirement Date for any reason other than Early Retirement and whose Severance is prior to his completion of one hundred and twenty (120) months of Credited Service with the Employer during his Period of Service shall not be vested in any Pension Benefit hereunder, but shall be vested at all times in and shall be entitled to receive in one (1) lump sum the Participant's Contributions with Interest as provided in Section 1.18 hereof. Said lump sum shall be payable within six (6) months of the Board receiving notice of the Severance.

____________GEORGIA LAWS 2003 SESSION__________4957
8.02 Termination after Completions of 120 Months of Credited Service
(i) A Participant whose employment with the Employer terminates prior to his Normal Retirement Date for any reason other than Early Retirement and whose Severance is after his completion of at least one hundred and twenty (120) months of Credited Service during his Period of Service, shall be entitled to a Pension Benefit commencing on the first day of the month coincident with or next following the Participant's 65th birthday, provided he is then alive.
(ii) The benefit to which said Participant shall be entitled under Section 8.02 (i) shall be that amount of Pension Benefit as provided in Section 1.24 hereof and shall be payable commencing on the first day of the month coincident with or following said Participant's reaching his 65th birthday and in advance on the first day of each month during his lifetime. Said pension benefit shall be paid during the life of the Participant and for a period of one hundred twenty (120) months certain and continuous from the Participant's reaching his 65th birthday. Such benefit shall not be payable until the Participant files application for the same and such application is approved by the Board.
In the event of the Participant's death within a period of one hundred twenty (120) months after his 65th birthday the same pension benefit shall be payable for the remainder of the one hundred twenty (120) month period to the Participant's Beneficiary as provided in Section 6.03 hereof.
(iii) Alternatively, said Participant may elect, in writing, on a form designated by the Board, to waive his right to receive said benefit provided in Section 8.02 (ii) hereof and, instead, receive in one (1) lump sum payment the Participant's contributions with interest as provided in Section 1.18 hereofwithin six (6) months ofthe Severance. No Participant who has made the irrevocable election referred to in Section 3.03 hereof will be entitled to return of his Participant's contributions with interest.
(iv) Alternatively, said Participant may elect, in writing, on a form designated by the Board, to receive, commencing on the first day of the month coincident with or following his 55th birthday, the following:
A monthly benefit equal to the Pension Benefit, reduced by the Actuarial Equivalent as provided under Section 1.22 hereof for the period beginning on the Participant's 55th birthday and ending on the Participant's earliest possible Normal Retirement Date assuming that such Participant would have continued employment.

4958_______MUNICIPAL HOME RULE ORDINANCES_________
Payment of said monthly benefit shall commence on the first day of the month coincident with or following said Participant's 55th birthday. Subsequent monthly payments shall be made in advance on the first day of each month during the life of the Participant and for a period certain and continuous of one hundred and twenty (120) months from the Participant's 55th birthday.
In the event of the Participant's death either after making his election but before attaining his 55th birthday or within one hundred and twenty (120) months after his 55th birthday, the same monthly benefit shall be payable for the entire or the remainder of the one hundred and twenty (120) month period to the Participant's Beneficiary as provided in Section 6.03 hereof.
SECTION 9:
Amend "The Mayor and Council of the City of Dalton Employees' Pension Plan" by striking Section 9 captioned "Contributions" and substituting in lieu thereof a new Section 9 captioned "Contributions" which shall read as follows:
SECTION 9 CONTRIBUTIONS
9.01 Employer Contributions
Contributions by the Employer shall be paid to the Board at such times and in such amounts as shall be determined by the Employer, based upon the recommendations of the Board, to provide the benefits under the Plan determined by the application of accepted actuarial methods and assumptions. The method of funding shall be consistent with Plan objectives.
The City shall contribute prior to the close of the Plan Year of reference, such sums to the Plan as shall be sufficient to fund the benefits under the Plan determined by the application of accepted actuarial methods and assumptions, and the Board shall certify to the City the amount so determined prior to the close of the Plan Year of reference.
The City hereby authorized, empowered and directed to levy tax on all taxable property of said City ad valorem and to use such other available funds of the City for the purpose of satisfying its obligations under the Plan.
The Water, Light and Sinking Fund Commission of the City of Dalton is hereby authorized, empowered, and directed to transfer to the City, at the request of the Board, for the Benefit of the Plan, such sums as shall be

___________GEORGIA LAWS 2003 SESSION__________4959
sufficient to fund the benefits of Participants employed by said Commission, and their beneficiaries, such sums to be determined in accordance with sound actuarial principles consistently applied. The Board shall certify to said Water, Light and Sinking Fund Commission the amount so determined prior to the close of the Plan Year of reference.
9.02 Actuarial Methods
In establishing the liabilities under the Plan and contributions thereto, the Board shall require the services of an enrolled actuary who shall use such methods and stated assumptions as will reasonably reflect the cost of the benefits. The Plan assets are to be valued on the basis of any reasonable method of valuation that takes into account the fair market value pursuant to current regulations prescribed by the Secretary of the Treasury as applicable to this Plan. There must be an actuarial valuation of the Plan as frequently as required by applicable Federal and State law but at least once every three (3) years.
9.03 Mandatory Contribution of Participant
(i) Consistent with the requirement of the Prior Plan for a mandatory employee contribution on and after March 1,1973, each Employee who is a Participant in the Plan shall contribute an amount equal to:
(a) four percent (4%) of his Basic Monthly Earnings on and after January 1, 1985, and
(b) five percent (5%) of his Basic Monthly Earnings prior to January 1, 1985.
Each Participant covered under the Prior Plan and each new Participant on and after July 1,1982, by virtue of his participation in the Plan does hereby instruct and authorize the Employer to deduct from his salary or wages the amount of his mandatory contributions and to contribute on his behalf said withheld sum to the Plan.
In lieu of said mandatory contribution any Participant making the irrevocable election referred to in Section 3.03 (applicable; only to an employee covered under GA L. 1945 p. 593, as amended) hereof shall contribute to the Plan a total sum oftwenty dollars ($20.00) per month and by virtue ofparticipation does hereby instruct and authorize the Employer to deduct from his salary or wages the amount of his mandatory contributions and to contribute on his behalf said withheld sum to the Plan.

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(ii) Any Participant who becomes a Participant in the Plan in accordance with Section 2.04 may elect, at the time of his application for participation in the Plan in accordance with Section 2.03 (ii), to contribute an additional amount each month in order to receive additional Credited Service under the Plan for those years he was an Employee of the Employer but did not participant in, and therefore did not contribute to, the Plan. The amount of such contribution shall be four percent (4%) of his Basic Monthly Earnings as of January 1, 1988 for each month elected in accordance with Section 1.09.
SECTION 10:
Amend "The Mayor and Council ofthe City ofDalton Employees' Pension Plan" by striking Section 10 captioned "Management and Administration" and substituting in lieu thereof a new Section 10 captioned "Management and Administration" which shall read as follows:
SECTION 10 MANAGEMENT AND ADMINISTRATION
10.01 Named Fiduciary(s)
The Employer is the Named Fiduciary which has authority to control and manage the operation and administration of the Plan. In exercising said authority, the Employer acts through its officers, employees, or the Board, as herein provided.
The Investment Manager is a Named Fiduciary selected by the Employer, with authority to manage and control Plan Assets, as provided in the applicable funding documents and Board direction.
10.02 General Fiduciary Duties
(i) Fiduciaries of the Plan shall discharge their duties under the Plan solely in the interest of the Participants and Beneficiaries and for the exclusive purpose of providing benefits to Participants and their Beneficiaries and defraying reasonable expenses of administering the Plan.
(ii) Fiduciaries shall act with the care, skill, prudence, and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims.

___________GEORGIA LAWS 2003 SESSION__________4961
(iii) Fiduciaries shall discharge their duties in accordance with the Plan and Contract insofar as such documents are consistent with the Plan.
(iv) Fiduciaries shall see that no Plan assets are located or held in any place outside t he j urisdiction o f t he U nited S tates d istrict courts, e xcept a s authorized under regulations applicable to this Plan promulgated by the Secretary of Labor.
(v) In the course of administration of the Plan, Fiduciaries may delegate such duties and responsibilities to other parties as may be permitted by law. Such delegation, in and of itself, shall not cause the delegates to become fiduciaries under the Plan.
(vi) Each Fiduciary may rely on information given by other fiduciaries of the Plan or other persons acting on behalf of fiduciaries where it is prudent to do so under the circumstances.
(vii) Each Fiduciary hereof is responsible for duties and responsibilities which are specifically allocated to him under Section 10.03 and is responsible for no other duties under the Plan.
(viii) A Fiduciary may serve, upon approval by the Board, in more than one fiduciary capacity with respect to the Plan.
(ix) A Fiduciary may employ one or more persons to render advice with regard to any responsibility he has under the Plan.
(x) A Fiduciary may not cause the assets of the Plan to be used for or diverted to purposes other than for the exclusive benefit of Participants and Beneficiaries prior to the satisfaction of all liabilities for benefits under the Plan except to the extent permitted under Code section 401(a)(2), nor may it cause the Plan to engage in a prohibited transaction within the meaning of Code section 503(b) or any successor provisions thereto.
10.03 Allocation of Fiduciary Responsibilities
The Fiduciaries of the Plan shall have the powers and duties as specified herein, and shall be responsible for no other powers and duties under the Plan.
(i) The City: The City is responsible for naming the Certified Public Accountant, appointing the appointed members of the Board, administering the Plan through the Board, establishing funding policy for the Plan, as

4962_______MUNICIPAL HOME RULE ORDINANCES_________
herein provided, and making Contribution under the Plan pursuant to Section 9.01.
(ii) The Investment Manager: The Investment Manager shall have the duties and responsibilities set forth in any Contract and/or in any other agreements with the Board or Employer concerning the Plan.
10.04 Board
There is hereby established, to serve without pay, a Board of Trustees whose duty it shall be to manage the Plan Assets and perform other duties as provided herein. The Board of Trustees shall be composed of three appointed trustees (the "appointed trustees") and four elected trustees (the "elected trustees"). The appointed trustees shall consist of...
(1) the Mayor, (2) the Chairman ofthe Water, Light and Sinking Fund Commission, and (3) the Chairman of the Finance Committee of the Mayor and the Council
of the City ofDalton.
The elected trustees shall be composed of one member from among their number elected by the Participants' who are then employees in the employ of Employer of...
(1) the Police and Fire Departments, (2) employees of the Water, Light and Sinking Fund Commission, (3) all other Participant-employees, (4) another trustee shall be elected at large by all Participant-employees.
The elected trustee from each of the above described groups shall be selected, at an election held within such group, by secret ballot in which every Participant of such group shall be entitled to vote. The Participant receiving the plurality of votes cast, as determined by the respective Employer, in any such election shall become the elected trustee from such group; provided, however, that no individual may become an elected trustee unless he shall be a Participant in the Plan. Those elected trustees under the Prior Plan shall continue under the Plan on and after July 1,1982 to serve as elected trustees in accordance with the terms hereof and for the term to which elected under the Prior Plan.
A meeting for election of an elected trustee shall be held for each group permitted to elect such trustee within thirty (30) days of the expiration of such elected trustee's term and the members of the group entitled to vote thereon shall be given at least five days notice of said meeting.

___________GEORGIA LAWS 2003 SESSION__________4963
An elected trustee may be re-elected to the Board and there shall be no limitation on the number of terms which may be served by any person as an elected trustee of the Board. An elected trustee may be removed upon petition for removal and election of a successor, as follows: Upon a petition signed by at least 51% of the Participants of the group from which the elected trustee was elected calling for removal of their representative on the Board and for an election of a Participant to serve the unexpired term of such representative, an election shall be duly held, as soon as practicable, in the same manner as the office was previously filled. All persons qualified to vote at any meeting called for removal of any such elected trustee shall be notified by the City Clerk at least five (5) days prior to the date set for said meeting. The removal of such original elected trustee shall be effective upon the election of his successor in the manner described in the preceding paragraph. The term of office of each elected trustee shall commence on the first day of the month following his election and shall continue for a period of two years and thereafter, until his successor shall be elected and qualified. An election shall be held, in the manner hereinbefore described, at the expiration of the term of each elected trustee, for the purpose of electing his successor. If a vacancy occurs in the offices of elected trustees, the vacancy shall be filled for the unexpired term within 30 days and in the same manner as the office was previously filled; provided, however, that during such vacancy, the action of the remaining members of the Board shall be binding with respect to all business which they may transact. Should an elected trustee be retired under this Act or cease to be in the employ of the Employer, his office shall be declared vacant.
10.05 Right to Appeal from Act or Decision of Board
Any Participant who is dissatisfied with the action of the Board shall have the right of appeal to the Superior Court of Whitfield County, Georgia, by writ of certiorari, within 30 days from the date of such action of the Board, but said Participant shall bear all of his expenses of appeal from the action of the Board.
10.06 Time and Place for Meetings of Board
The Board shall make all rules as to the time and place of meetings and for the payment of said funds to those entitled to receive the same. It shall within the month of January of each Plan Year organize by electing a chairman, a vice-chairman who shall serve when the chairman is absent, and a secretary. The chairman. Or his designee, shall sign all vouchers for the disbursements of the fund, and his written order shall fully protect the Board treasurer in the payment of the same. A majority of the Board shall control

4964_______MUNICIPAL HOME RULE ORDINANCES_________
on all questions. The City Clerk shall be appointed to act as ex-officio treasurer of the Board and his bond shall cover all monies or Plan Assets.
10.07 Powers of the Board The Board, in administering the Plan, shall have the following powers:
(i) To purchase and continue one or more annuity contracts whether group or otherwise for the benefit Participants.
(ii) To employ agents, employees, or experts to assist said Board in carrying out the provisions of this Plan, including, but not limited to, an agent or agents to advise and make recommendations concerning the investment of funds, the Plan Actuary and Investment Advisors; and to pay reasonable compensation for such services, which compensation shall be paid from income or corpus of the Plan Assets or, at the election of the City of Dalton, from City funds.
(iii) Without limiting the generality of the following Section 10.07 (iv) hereof, the Plan Assets may be invested in obligations issued by or on behalf of the United States or the State of Georgia and its political subdivisions.
(iv) The Board shall have full power to invest or reinvest the Plan Assets in any kind of property, or undivided interests therein, which the Board shall deem proper (including, by way of illustration but not of limitation, real estate, stocks, bonds, mortgages, debentures, common trust funds, insurance contracts payable to the Board for the benefit ofthe Plan, shares or interests in investment companies, funds or (trust)) and may hold funds uninvested during any period ofunsettled financial conditions, to continue the Plan Assets invested in any property received or acquired by the Board without obligation to sell all or any part thereof because not of a type or quality or constituting a diversification considered proper or wise for trust investments; to make sales of any investment without advertisements and without the necessity of obtaining an order of Court; to grant options to purchase, and to sell, convey, assign, or exchange any trust property in such manner and upon such terms as the Board shall deem proper; to lease trust property for any time, even extending beyond the term of any trust hereunder; to insure, improve, repair, alter, partition, subdivide, grant easements, or dedicate any property comprising a part of the Plan Assets and to erect or raze improvements thereon; to settle, compound, or abandon all claims and demands in favor of or against the Plan Assets; to consent to the reorganization, consolidation, or readjustment of the finances of any corporation; to vote in person or issue proxies to others to borrow money and to mortgage or pledge any trust property for any

____________GEORGIA LAWS 2003 SESSION__________4965
purpose deemed proper by the Board; to delegate powers, discretionary or otherwise, for any purpose to one or more nominees or agents; to hold or register any property in the Boards's own name or in the name of a nominee, without disclosure of any fiduciary relationship.
Said funds and investments may also be, from time to time, turned over to and placed in the custody of any bank or trust company which is, at the time of reference, serving as fiscal agent or expert for said City.
(v) To generally contract in matters relevant to effectuating and achieving its purposes of this Plan.
(vi) To receive and pay out Plan Assets in accordance with the provisions of this Plan or to contract for similar services.
(vii) To make actuarial studies and pay the cost thereof.
(viii) To make rules and regulations as may be necessary to the effective administration of the Plan.
(ix) To make final determination of eligibility and amount of benefits payable to a Participant.
SECTION 11:
Amend "The Mayor and Council ofthe City ofDalton Employees' Pension Plan" by striking Section 11 captioned "Amendment of Plan" and substituting in lieu thereof a new Section 11 captioned "Amendment of Plan" which shall read as follows:
SECTION 11 AMENDMENT OF PLAN
The governing authority ofthe City ofDalton, Georgia shall have the exclusive power to amend, terminate, merge or modify the Plan only by an ordinance properly approved by the City, and not by course of conduct. However, no such amendment or modification (except such amendment or modification as is required to quality or maintain qualification ofthe Plan under the appropriate sections of the Internal Revenue Code, Department of Labor regulation or other applicable Federal or State law) may be made which will deprive any Participant or Beneficiary, of any benefits under the Plan to which he otherwise would be entitled at the time of such amendment or modification or shall make it possible for any part of the assets of the Plan (other than assets as required to pay taxes, administrative expenses, or other items to be charges on the Plan)

4966_______MUNICIPAL HOME RULE ORDINANCES_________
to be used for or diverted to purposes other than for the exclusive benefit of Participants and Beneficiaries prior to the satisfaction of all liabilities for benefits under the Plan with respect to such person. The Participants shall not have any contractual rights, under state law, to any particular benefits or procedures as the City's right to amend, terminate, merge or modify is absolute and subject only to the limitations as provided herein.
SECTION 12:
Amend "The Mayor and Council of the City of Dalton Employees' Pension Plan" by striking Section 12 captioned "Miscellaneous" and substituting in lieu thereof a new Section 12 captioned "Miscellaneous" which shall read as follows:
SECTION 12 MISCELLANEOUS
12.01 Forms
All consents, elections, applications, and designations required or permitted under the Plan must be made on Forms prescribed and furnished by the Board or the Investment Manager, if required.
12.02 Proof of Survival of Benefit Claimant
Where a retirement benefit is contingent upon the survival of any person, evidence of such person's survival must be furnished to the Board and the Investment Manager, if required, by personal endorsement by such person of the check drawn for said payment, or other evidence satisfactory to the Board or Investment Manager, if required.
12.03 Effect of Misstated Facts
If it is found that the date of birth or sex of a Participant or Beneficiary has been misstated or that the length of service, Credited Service, compensation, or date of employment of a Participant has been misstated, the amount of payments with respect to such Participant or Beneficiary shall be the amount which would have been payable if such fact or facts had not been misstated, and in no case shall any person be entitled to receive any greater benefit than that which would have been payable on the basis of the true facts. Overpayment shall be charged against, and underpayments shall be added to, any payments accruing to a Participant or Beneficiary made in accordance with actuarial determination.

___________GEORGIA LAWS 2003 SESSION__________4967
12.04 Construction
In the construction ofthis Plan, the masculine shall include the feminine and singular the plural in all cases where such meanings would be appropriate. The Plan shall be construed and enforced according to the laws of the State of Georgia, and in accordance with any applicable federal statutes and regulations.
12.05 Limitations of Assignment - QDRO
No Participant or Beneficiary shall have a right to assign, transfer, hypothecate, encumber, commute, or anticipate his interest in any payment under the Plan, and such payments shall not in any way be subject to any legal processes to levy upon or attach the same for payment of any claim against any Participant or Beneficiary. Notwithstanding the above the Plan shall give proper recognition to a Qualified Domestic Relations Order as provided in the Code.
12.06 Obligations of Employer
Nothing contained in the Plan shall be deemed to give any Employee of the Employer or any Participant the right to be retained in the service of the Employer, or to interfere with the right of the Employer to discharge any Employee or Participant at any time, without regard to the effect which such discharge shall have upon his rights, if any, under the plan.
12.07 Payments to Incompetents
If the Board and/or the Investment Manager shall receive evidence satisfactory to it that (i) a Participant or Beneficiary entitled to receive any benefits under the Plan is physically or mentally incompetent to receive such benefit and to give a valid release therefor, and (ii) another person or institution is then maintaining or has custody of such Participant or Beneficiary, and (iii) no guardian, committee, or other representative of the estate of such Participant or Beneficiary shall have been duly appointed, the benefit otherwise payable to such Participant or Beneficiary may be paid to such other person or institution, and the release of such other person or institution shall be a valid and complete discharge for the payment of such benefit.
12.08 Custody of Any Funds in Investment Manager
Any assets of the Plan held by the Investment Manager will be held for use in accordance with provisions of the Plan and Contract, and no part thereof

4968_______MUNICIPAL HOME RULE ORDINANCES__________
shall be used for or diverted to purposes other than for the exclusive benefit of Participants and Beneficiaries prior to the satisfaction of all liabilities for benefits under the Plan with respect to such persons. No Participant or Beneficiary, or any other person, shall have any interest in or right to any part of the assets of the Plan, except as, and to extent expressly provided in the Plan and Contract.
12.09 Discrimination
The Employer, through the Board, shall administer the Plan in a uniform and consistent manner with respect to all Participants, and shall not permit discrimination in favor of officers or highly compensated Employees.
12.10 Forfeitures
Forfeitures arising from any cause whatsoever under this Plan shall not be applied to increase the benefits any Participant would otherwise receive under the Plan at any time prior to the termination of the Plan or the complete discontinuance of Employer contributions hereunder; forfeitures shall be applied to reduce the Employer's contributions under the Plan in the then current or subsequent years.
12.11 Disappearance of Participant or Beneficiary
In the event that any Participant or Beneficiary receiving or entitled to receive benefits under the Plan should disappear and fail to respond within 60 days to a written notice sent by the Committee by registered or certified mail, informing him of his entitlement to receive benefits under the Plan, the Committee may pay such benefits or any portion thereof, which the Committee determines to be appropriate, to Beneficiary of Participant as defined in Section 6.03 hereofuntil such Participant or Beneficiary is located or until such benefits are paid in full, whichever event shall first occur.
If the Committee has received no request for payment of such benefits from the Participant or Beneficiary and has made no such payments within the applicable period of limitation of actions after the same became payable, then the benefits under the Plan shall be payable pursuant to the direction of a court of applicable jurisdiction.
12.12 Compliance with Applicable Laws
(a) The Employer, through the Board, shall interpret and administer the Plan in such manner that the Plan shall remain in compliance with Section 401(a) and 501(a) ofthe Internal Revenue Code, of1986, as amended,

__________GEORGIA LAWS 2003 SESSION__________4969
and all other applicable Federal or State laws, regulations, and rulings, as a qualified "govrnmental" Plan and trust.
(b) Anything herein to the contrary notwithstanding, the annual retirement benefit payable under this Plan to a Participant shall not exceed the Actuarial Equivalent ofa straight life annuity equal to $90,000 or such other maximum permitted under Code Section 415(b)(l)(A) (hereinafter referred to as the "Dollar Limit"), effective as the effective date of such other maximum. Such limits shall be adjusted as prescribed by this Section. The limitation year for purposes of this Section shall be the calendar year.
The above referenced Dollar Limit will be adjusted annually for cost of living increases in accordance with Section 415(d) of the Code.
In no event shall the provisions above limit a Participant to a maximum allowable annual benefit, payable under any form of payment, of less than $ 1,000 for each year of Service up to a maximum of $ 10,000 provided such Participant never participated in a defined contribution plan maintained by the Employer (other than the contributory portion of a defined benefit plan) and his total annual benefit payable from all defined benefit plans of the Employer does not exceed $10,000.
For purposes of applying the limitations described in the first paragraph of this section, "Compensation" means a Participant's total earnings including, but not limited to, overtime, bonuses and commissions and any other form of compensation required for inclusion under Section 415(b)(3) ofthe Code. Notwithstanding anything to the contrary, "Compensation" for purposes of this Section shall include any before-tax contributions under any plan or arrangement maintained by an Employer under Sections 125,401 (k), 402(h), 403(b) or 457(b) of the Code.
Except in the case of a qualified participant as defined in Section 415(b)(2)(H) of the Code (e.g., certain Police and Firefighters with 15 years of service as defined therein), if such retirement income commences before a Participant's attainment ofage 62, the maximum annual limit shall be the Actuarial Equivalent ofthe dollar limitation payable at such Participant's attainment of age 62. However, the interest factor may not be less than 5%. The adjustment provided for in the preceding sentences shall be made in such manner as the Secretary of the Treasury may prescribe which is consistent with the reduction for old age insurance benefits commencing before the attainment of age 62 under the Social Security Act. The reduction under this paragraph shall not reduce the limitation below (i) $75,000 if the benefit begins at or after age 55, or (ii) if the benefit begins before age 55, the Actuarial Equivalent of the $75,000 limitation for age 55.

4970_______MUNICIPAL HOME RULE ORDINANCES________
If such retirement income commences after a Participant's attainment of age 65, the maximum annual limit shall be the Actuarial Equivalent of the dollar limitation payable at such Participant's attainment of age 65. However, the interest factor may not exceed 5%.
For a Participant with less than 10 years of participation in this Plan, the maximum annual dollar limit shall be multiplied by the ratio of the Participant's years of Plan participation to the number 10, provided such dollar limit is not reduced to an amount less than one-tenth by such limitation.
The above limits are intended to limit the benefits under this Plan to the extent required under Section 415(b) of the Code but not to limit them more than is required, and shall be interpreted or deemed modified as necessary to meet this objective.
(c) Notwithstanding any other provision of this Plan, all distributions provided for herein shall meet the requirements of Code section 401(a)(9). To the extent that the form of benefits otherwise provided under this Plan would otherwise violate the limitations of Code section 401 (a)(9), it shall be converted into a form of benefits which has the maximum length of payout permitted under Code section 401(a)(9), which is the Actuarial Equivalent of the form otherwise payable.
(d) Notwithstanding any other provision ofthis Plan, any Participant who receives an eligible rollover distribution from this Plan may elect to have such distribution rolled directly over to any other qualified plan or individual retirement account or annuity specified by the Participant which permits such direct rollovers.
12.13 Return of Plan Assets to the Employer
The assets of the Plan shall be held for the exclusive purposes of providing benefits to Participants and Beneficiaries, and shall never inure to the benefit of the Employer, except...
Where the Employer Contribution was made by a mistake of fact, such Contribution shall be returned to the Employer within one year after the payment of the contribution;
Upon payment of any Contribution to the Board, except as above provided, the Employer's right, title and interest therein shall cease and terminate and no part of the corpus or income of the Plan shall ever revert to the Employer except as provided by law.

GEORGIA LAWS 2003 SESSION

4971

In the event of any merger or consolidation of the Plan with any other plan, or the transfer of assets or liabilities by the Plan to another plan, each Participant must receive (assuming that the Plan then terminated) a benefit immediately after the merger, consolidation, or transfer which is equal to or greater than the benefit such Participant would have been entitled to receive immediately before the merger, consolidation, or transfer (assuming that the Pan had then terminated).
12.15 Claims Procedures
A. Initial Stage: In the event the Board denies a Claim for benefits under the Plan submitted by a Participant or Beneficiary, hereinafter referred to as Claimant, the Board shall provide adequate notice in writing to the Claimant, within a reasonable time after the receipts of the claim, setting forth, in a manner calculated to be understood by the claimant, the following:
(1) specific reason(s) for the denial; (2) specific reference (s) to Plan provisions on which the denial is based; (3) a description of any materials or information necessary to perfect the
claim and why they are necessary; (4) an explanation of the review procedure of the Plan.
B. Appellate Stage: A claimant shall have 60 days to appeal a denial of a claim for benefits to the Board. A claimant or his duly authorized representative must request an appeal in writing to the Board, and shall be allowed to review pertinent documents and submit issues and comments in writing.
The Board shall afford the claimant a full and fair review of his claim for benefits and shall make a decision on review as promptly as possible, but in no event later than 60 days following the written request for review.
The decision on review shall be in writing and shall include specific reasons for the decision and specific references to Plan provisions on which the decision is based, and shall be written in a manner calculated to be understood by the Claimant.
12.16 No Pension Benefit Payable Before Termination of Employment; Pension to Cease if Again Placed on Payroll
(i) No benefit, sum or amount may be distributed to any Participant from the Plan prior to his Severance.

4972_______MUNICIPAL HOME RULE ORDINANCES_________
(ii) Any person receiving a retirement benefit under this Plan and who shall be re-employed by an Employer hereunder shall cease to receive any monthly retirement benefit which he is otherwise entitled to during any period of re-employment by the Employer. Upon termination of such re-employment, the monthly retirement benefit to which said person is entitled shall resume.
12.17 Reserved
12.18 Power to Adopt Salary Schedules
Each Employer is hereby authorized and empowered as part of its adoption of schedules of wage and salary payments, to provide for contractual agreements for the payment of deferred wages and salaries to persons employed by said Employers or under their authority.
12.19 Severability
If any provision of this Plan, or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this Plan which can be given effect without the invalid provision or application and, to the end, the provisions of this Plan are severable.
12.20 Repeal of Permanent Disability and Death Benefit under Prior Plan
Any Participant under the Prior Plan who dies or becomes permanently disabled as defined in Section 10 of said Prior Plan (GA L. 1974, p. 2744, as amended) on or before July 1, 1982, shall be entitled to the benefit provided in said Section 10 of the Prior Plan. The death and permanent disability benefits provided in said Section 10 of the Prior Plan are repealed as to any Participant dying or becoming permanently disabled on and after My 1, 1982.
SECTION 13:
Except as amended herein, "The Mayor and Council of the City of Dalton Employees' Pension Plan" shall continue in full force and effect.
SECTION 14:
This Ordinance shall be effective after adoption upon the filing with the Secretary of State of Georgia, the office of the Clerk of the Superior Court of Whitfield County, Georgia, and the office of the Clerk of the City of Dalton, Georgia a copy

____________GEORGIA LAWS 2003 SESSION__________4973

of this ordinance, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which the notice was published.

SECTION 15:

It is hereby declared to be the intention ofthe Mayor and City Council ofthe City of Dalton that the section, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section ofthis Ordinance shall be declared unconstitutional or otherwise invalid by a court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance.

SECTION 16:

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

SO ORDAINED this 1st day of July, 2002.

The foregoing Ordinance received its first reading on 6-17-2002 and a second reading on 07-01 -2002. Upon second reading a motion for passage ofthe ordinance was made by Alderman Robinson, second by Alderman Christie and upon the question the vote is 4 ayes, 0 nays and the Ordinance is adopted.

ATTEST:

s/ RAYMOND ELROD MAYOR

s/ FAYE L MARTIN_____ CITY CLERK

CLERK'S CERTIFICATE

I, Faye L. Martin, the duly appointed and qualified City Clerk of the City of Dalton, Georgia do hereby certify that the attached is an true and exact copy of Ordinance 02-15 ofthe City ofDalton, Georgia amending "The Mayor and Council of the City of Dalton Employees' Pension Plan" which was duly adopted on 1 st day of My, 2002.

s/ FAYE L. MARTIN City Clerk

[SEAL]

4974_______MUNICIPAL HOME RULE ORDINANCES________

LEGAL AFFIDAVIT

I, Jeff Mutter, Advertising Director of the Daily Citizen, a newspaper published in the city of Dalton, Georgia, do solemnly swear the advertisement for:

Pension Plan has run 3 times(s) in the newspaper. Run Dates are as Follows:

6-14-2002 6-21-2002 6-28-2002

s/ JEFF MUTTER Jeff Mutter Advertising Director

Sworn on this day 7-2-2002

s/ SHANNA DUNN______ Shanna Dunn Notary Public Whitfield County, GA

My .commission Expires June 11, 2006

NOTICE OF PROPOSED AMENDMENT TO THE CITY CHARTER OF THE CITY OF DALTON, GEORGIA

The city of Dalton, Georgia proposes to amend its Charter to amend "The Mayor and Council of the City of Dalton Employees' Pension Plan" (the "Plan") by deleting and striking Sections 1 through 12 of the Plan in their entireties and substituting in lieu thereof new Sections 1 through 12 which will, among other things, bring the pension plan into compliance with current internal Revenue Code requirements; prevent or limit participation in the pension plan by employees hired on or after July 1,2002; remove penalties for pension plan participates retiring late; and provide for continuation of credit for interdepartmental transfers. A copy of the proposed home rule ordinance is on file in the office of the City Clerk of the City of Dalton, Georgia and in the office of the Clerk of the Whitfield County Superior Court, a copy of the proposed home rule ordinance shall be furnished for
examination and inspection.

BERNADETTE MACON DEPUTY CITY CLERK 6/146/216/28

Filed in the Office of the Secretary of State November 20,2002.

____________GEORGIA LAWS 2003 SESSION__________4975

CITY OF ALBANY - ORDINANCES AND RESOLUTIONS; PENALTIES FOR VIOLATION.

AN ORDINANCE ENTITLED

02-140

AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF ARTICLE 36, CHAPTER 35 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, AS AMENDED, AMENDING THE CHARTER OF THE CITY OF ALBANY SO AS TO CHANGE THE PENALTY FOR VIOLATION OF ORDINANCES; REPEALING PRIOR ORDINANCES IN CONFLICT AND FOR OTHER PURPOSES.

BE IT ORDAINED by the Board of Commissioners of the City of Albany, Georgia and it is hereby ordained by authority of same:

SECTION 1 . Sec. 18. Ordinances and resolutions; penalty for violation, etc. of the Charter of the City of Albany, Georgia, is amended, by deleting said Sec. 18 in its entirety and ordaining in lieu thereof the following:

Sec. 18. Ordinances and resolutions; penalty for violation, etc.

The board of commissioners of the City of Albany, Georgia, shall have power to pass any and all ordinances or resolutions that they may deem requisite and proper to the peace, security, welfare, health, good government and convenience of said city, and to prescribe punishments for the violation of the same, in a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the county jail or other place provided, or compulsory labor on the streets or other public works, not to exceed six (6) months imprisonment, and either one or both of said punishments may be prescribed or the several punishments made cumulative, or the fine may be imposed with an alternative of said imprisonment or compulsory labor, and the fine imposed may be coerced by such imprisonment or labor. Said board of commissioners of the City of Albany shall have the power to erect and maintain suitable facilities or work houses for the confinement and detention of persons arrested and convicted for the violation of the city ordinances.

(1) Reading and filing ofproposed ordinances. Before any ordinance shall be passed, the caption or title of said ordinance shall be read twice, and each reading shall be at separate meetings, regular or special, on separate days; provided, that by unanimous consent of the members of the board of [city] commissioners present, the second reading of the ordinance may be waived and the ordinance considered and voted upon at the first meeting at which the caption is read. Notwithstanding the foregoing provisions, any commissioner may require the ordinance to be read in whole or in part prior to its passage.

4976_______MUNICIPAL HOME RULE ORDINANCES_______
All proposed ordinances shall be filed with the clerk of the board of [city] commissioners not later than noon of the day prior to the meeting at which the ordinance is to be read for the first time. The clerk of the board of [city] commissioners shall immediately upon the filing of the proposed ordinance prepare and make available at his office and at all meetings of the board of [city] commissioners at which the ordinance is to be read or considered ample copies of the ordinance for the members of the public and the commissioners.
The foregoing provisions of this section shall also apply to resolutions, except that resolutions, or the captions thereof, as to the case be, need only be read one time, and may be considered and voted upon at that meeting. (Ga. Laws 1972, p. 3210, 1)
(2) To be signed by mayor and clerk. All ordinances and resolutions shall be signed by the mayor or the officer presiding at the time of their passage and countersigned by the city clerk.
(3) To be in writing; numbering and filing; record, etc. All ordinances and resolutions shall be in writing and have endorsed thereon the name of the commissioner introducing same and date of its reading. Such ordinances or resolutions shall be numbered and filed away and properly preserved. There shall be kept by the city clerk a regular ordinance and resolution book, in which all ordinances and resolutions, after their passage and adoption, shall be fairly and accurately printed or engrossed, the record of which shall be signed by the mayor or acting mayor or the officer presiding at the time of the passage of the same, and countersigned by the city clerk under the seal of the city; provided, that nothing herein contained shall operate to prevent said board of city commissioners from adopting such rules and regulations governing the passage and adoption of ordinances and resolutions which do not conflict herewith; provided, further, that nothing contained in this and previous paragraphs shall effect in any manner any existing valid ordinances of said city.
SECTION 2. Pursuant to the provisions of Section 36-35-3 of the Official Code of Georgia Annotated, as amended, this Ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany, Georgia, at two regular consecutive meetings and after compliance with all the provisions of the Municipal Home Rule Act of 1965, as amended.
SECTION 3. All Charter provisions, or parts ofCharter provisions, Ordinances, or parts of Ordinances, and Laws, or parts of Laws, in conflict herewith are repealed.
s/ TOMMY COLEMAN MAYOR

____________GEORGIA LAWS 2003 SESSION__________4977

ATTEST:

s/ SUE WHIDDON CITY CLERK

Adopted: October 22, 2002 Adopted: November 26, 2002

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 10/25/02, 11/1/02, & 11/8/02, 2002.

Sworn to and subscribed before me at Albany, Georgia this 11 Day of December, 2002.

s/ DONNA GRAY Donna Gray Retail Sales Manager

s/ ANNETTE OLIVER Notary Public

(Seal)

4978_______MUNICIPAL HOME RULE ORDINANCES__________
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
Notice is hereby given that an ordinance will be introduced on October 22, 2002, and read for final adoption on the 26th day of November, 2002, 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. 3 70), as amended, so as to change the penalty for violation of ordinances.
A copy of the proposed amendment to the Charter of the City of Albany, 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 4th day of October, 2002.
Al Grieshaber, Jr. City Attorney City of Albany, Georgia
October 25, November 1, and November 8, 2002
Filed in the Office of the Secretary of State December 16, 2002.

CITY OF ATLANTA - RETIRED SWORN PUBLIC SAFETY PERSONNEL; TEMPORARY EMPLOYMENT.

CITY COUNCIL ATLANTA, GEORGIA

CHARTER AMENDMENT ORDINANCE

02-O-2102

BY CEASAR C. MITCHELL

AN ORDINANCE AND CHARTER AMENDMENT ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965,0.C.G.A. SECTION 36-35-1, ET SEQ., AS

____________GEORGIA LAWS 2003 SESSION__________4979
AMENDED, SO AS TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., BY AMENDING ARTICLE THREE, CHAPTER FIVE, SECTION 3-505(a) SO AS TO EXEMPT RETIRED SWORN PUBLIC SAFETY PERSONNEL FROM THE 520 BUSINESS DAY LIMITATION OF TEMPORARY EMPLOYMENT; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES
WHEREAS, in 1998, the City Council adopted legislation that restricted the practice of hiring of retired employees as independent contractors to a term not more than one year, and in 2002 amended this legislation to increase the contract term limit to 520 business days; and
WHEREAS, there are certain essential functions that are not conducive to this practice; among them being public safety; and
WHEREAS, it would be advantageous to the City, as it strives to protect its citizens and visitors and to enhance public safety, to avail itself of its well-trained law enforcement officers.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA as follows:
Section 1: That Section 3-505(a) of the Charter of the City of Atlanta, which reads:
(a) The mayor and council may authorize the engagement of any person who has retired under any of the pension laws, notwithstanding the age of such person, to render any special or particular service as an independent contractor, provided that such contract shall be for a period not exceeding 520 business days, whether continuously or in several sequential engagements. Such employees shall be entitled to receive their regular pension payments but shall acquire no further pension or civil service rights by virtue of such temporary contractual arrangement. No contractual engagement shall commence pursuant to this subsection until such time as the Department Head and Chief Financial Officer shall confer with the engagement shall commence pursuant to this subsection until such time as the Department Head and Chief Financial Officer shall confer with the Mayor to confirm the exigency of retaining such particularized expertise within City government.
(b) In the event the particularized services required by the City are not amenable to an independent contractor agreement with a retiree, the City of Atlanta may reemploy a retiree for any single period of time, or any several periods

4980_______MUNICIPAL HOME RULE ORDINANCES_________
of time, which shall not exceed 520 business days, whether continuously or in sequential days of employment, for the purpose of availing the City of some particularized skill possessed by said retiree. During the period of this limited reemployment said retiree shall be entitled to continue to receive his or her regular pension payments, but shall not acquire any civil service rights or any further pension rights, and shall not be required to make any contribution to the pension fund. Limited reemployment pursuant to this subsection shall not commence until such time as the Department Head and Chief Financial Officer shall confer with the mayor to confirm the exigency of retaining such particularized expertise within City government, and the Council shall have approved such reemployment by resolution.
(c) Nothing herein contained shall prevent any retiree from holding any office which is filled by an election by the people. No additional pension or civil service rights or privileges shall accrue to such officer or employee during such period and said retiree shall be entitled to continue to receive his or her regular pension payments.
Shall be amended by deleting and inserting in lieu thereof the following:
(a) The mayor and council may authorize the engagement of any person who has retired under any of the pension laws, notwithstanding the age of such person, to render any special or particular service as an independent contractor, provided that such contract shall be for a period not exceeding 520 business days, whether continuously or in several separate engagements. Such employees shall be entitled to receive their regular pension payments but shall acquire no further pension or civil service rights by virtue of such temporary contractual arrangement. No contractual engagement shall commence pursuant to this subsection until such time as the Department Head or Chief Judge of the Court, as applicable, and Chief Financial Officer shall confer with the Mayor to confirm the exigency of retaining such particularized expertise within City government.
(b) The mayor and council may authorize the engagement of sworn public safety personnel retired under any of the pension laws, notwithstanding the age of such person, to render public safety services as an independent contractor. Such contracts shall not be subject to the aforementioned 520 business day limitation. Such sworn employees shall be entitled to receive their regular pension payments but shall acquire no further pension or civil service rights by virtue of such temporary contractual arrangement. No contractual engagement shall commence pursuant to this subsection until such time as the Department Head or Chief Judge of the Court, as applicable, and Chief Financial

____________GEORGIA LAWS 2003 SESSION__________4981

Officer shall confer with the Mayor to confirm the exigency of retaining such particularized expertise within City government.

(c) In the event the particularized services required by the City are not amenable to an independent contractor agreement with a retiree, the City of Atlanta may reemploy a retiree for any single period of time, or any several periods of time, which shall not exceed 520 business days, whether continuously or in separate days of employment, for the purpose of availing the City of some particularized skill possessed by said retiree. During the period of this limited reemployment said retiree shall be entitled to continue to receive his or her regular pension payments, but shall not acquire any civil service rights or any further pension rights, and shall not be required to make any contribution to the pension fund. Limited reemployment pursuant to this subsection shall not commence until such time as the Department Head and Chief Financial Officer shall confer with the mayor to confirm the exigency of retaining such particularized expertise within City government, and the Council shall have approved such reemployment by resolution.

(d) Nothing herein contained shall prevent any retiree from holding any office which is filled by an election by the people. No additional pension or civil service rights or privileges shall accrue to such officer or employee during such period and said retiree shall be entitled to continue to receive his or her regular pension payments.

Section 2: A copy of this proposed amendment to the Charter of the City of Atlanta, 1996 GA LAWS, p. 4469, et seq., Article Three, CHAPTER V, Approved April 15, 1996, as amended shall be filed in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties and the Notice of the Proposed Amendment to the Charter of the City of Atlanta attached as Exhibit "A" and made a part hereof by reference, be published in the official organs of Fulton County and DeKalb County and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta.

Section 3: That all ordinances and parts of ordinances in conflict herewith are hereby repealed.

A true copy,

ADOPTED by the Council JAN 06, 2003

s/ RHONDA DAUPHIN JOHNSON APPROVED by the Mayor JAN 13, 2003

MUNICIPAL CLERK, CMC

4982_______MUNICIPAL HOME RULE ORDINANCES__________

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-O-2102 was published in said newspaper on the following date(s):

12/05/02, 12/12/02, 12/19/02

s/ CAROLYN JERNIGAN-GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 12/19/02.

s/ JACINDA HOLLEY_________ Notary Public My commission expires September 22, 2006

[SEAL]

THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY

CITY OF ATLANTA MUNICIPAL CLERK 55 Trinity Ave #2700
Atlanta, GA 30303 Phone: 404-330-6030 Fax: 404-658-6273

Notice Of Proposed Amendment To The Charter Of The City Of Atlanta Notice is Hereby Given That An Ordinance Has Been Introduced To Amend The Charter Of The City Of Atlanta (ga. Laws, 1996, P. 4469, Et Seq.) Approved April 15, 1996, As Amended, Said Ordinance Being Captioned As Follows:

An Ordinance And Charter Amendment Adopted Under And By Virtue Of The Authority Of The Municipal Home Rule Act of 1965 O.C.G.A. Section 36-35-1, Et Seq., As Amended, So As To Amend The Charter OfThe City OfAtlanta, Georgia, 1996 Ga. Laws P. 4469, Et Seq., By Amending Article Three, Chapter Five, Section 3-305(a) So As To Exempt Retired Sworn Public Safety Personnel From The 520

____________GEORGIA LAWS 2003 SESSION__________4983

Business Day Limitation Of Temporary Employment; To Repeal Conflicting Ordinances; And For Other Purposes.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office ofthe Municipal Clerk ofthe City ofAtlanta and in the Offices ofthe Clerks 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 20th Day of November 2002.

Rhonda Dauphin Johnson Municipal Clerk, CMC

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON

Before me, the undersigned, a Notary Public, this day personally came Julia Jackson who, being duly sworn, according to law, says she is an agent of the American Lawyer Media, L.P. publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:

12/05/02, 12/12/02, 12/19/02

s/ JULIA JACKSON______ Julia Jackson

Subscribed and sworn to before me this 12/19/02.

s/ KAWEEMAH NELSON Notary Public DEKALB COUNTY MY COMMISSION EXPIRES FEB. 4, 2006

[SEAL]

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA NOTICE IS HEREBY GIVEN THAT AN ORDINANCE HAS BEEN INTRODUCED TO AMEND THE CHARTER OF THE CITY OF ATLANTA (GA. LAWS, 1996, P. 4469, ET SEQ.) APPROVED APRIL 15,1996, AS AMENDED, SAID ORDINANCE BEING CAPTIONED AS FOLLOWS:

4984_______MUNICIPAL HOME RULE ORDINANCES_________
AN ORDINANCE AND CHARTER AMENDMENT ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 O.C.G.A. SECTION 36-35-1, ET SEQ., AS AMENDED, SO AS TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., BY AMENDING ARTICLE THREE, CHAPTER FIVE, SECTION 3-305(a) SO AS TO EXEMPT RETIRED SWORN PUBLIC SAFETY PERSONNEL FROM THE 520 BUSINESS DAY LIMITATION OF TEMPORARY EMPLOYMENT; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 21st Day of November 2002.
Rhonda Dauphin Johnson Municipal Clerk, CMC #32:12/5-3ab
Filed in the Office of the Secretary of State January 21, 2003
CITY OF WASHINGTON - TELECOMMUNICATIONS SYSTEMS NETWORK.
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF WASHINGTON BY ADDING A NEW SECTION IMMEDIATELY FOLLOWING SECTION 25, TO BE DESIGNATED AS SECTION 25.1, SO AS TO PROVIDE FOR ADDITIONAL POWERS, DUTIES, AND AUTHORITY OF THE CITY COUNCIL OF THE CITY OF WASHINGTON, 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 Washington, 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 February 14, 1958 (Ga. L. 1958, p. 2139), as amended; and

____________GEORGIA LAWS 2003 SESSION__________4985
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 Washington, Georgia, and IT IS HEREBY ORDAINED, by the authority of the same, as follows:
Section 1. The Charter of the City of Washington, Georgia, which was established by an Act crating a new Charter for the City of Washington, Georgia, approved on February 14, 1958 (Ga. L. 1958, p. 2139), as amended, is hereby amended by adding a new section to read as follows:
"Section 25.1. 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 Washington, 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 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 Washington News Reporter, the official newspaper in which Sheriffs advertisements are published in Wilkes County, in which the City if located, once a week for three weeks within a period of sixty days immediately preceding the day of final adoption ofthis ordinance. The Clerk ofthe City is also hereby authorized and directed to cause the publisher ofthe Washington News Reporter to execute an affidavit of such publication.

4986_______MUNICIPAL HOME RULE ORDINANCES_________
This ordinance was introduced and read at a lawful meeting of the Council of the City of Washington held on November 12,2001 and read the second time, passed, and adopted in like meeting held on December 10, 2001.
CITY OF WASHINGTON, GEORGIA
s/ FRANK W. THOMAS, JR. Frank W. Thomas, Jr., Mayor
(Seal)
Attest:
s/ DEBBIE L. DANNER Debbie L. Danner, City Clerk
Exhibit "A"
NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF WASHINGTON, 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 WASHINGTON, GEORGIA WILKES COUNTY
Notice of hereby given that an ordinance will be introduced on November 12,2001 and read for final adoption on the 10th day of December, 2001, to amend the Charter of the City of Washington, Georgia, which was created by an act amended on February 14, 1958 (Ga. L. 1958, p. 2139), as amended, so as to authorize the City of Washington, 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 Washington, Georgia is on file in the office of the Clerk of the City of Washington, Georgia, for the purpose of examination and inspection by the public, all as required by law.
This 10th day of December, 2001.
s/ DEBBIE L. DANNER Debbie L. Danner, City Clerk

_____________GEORGIA LAWS 2003 SESSION__________4987
STATE OF GEORGIA COUNTY OF WILKES
Personally appeared before the undersigned attesting officer, Smythe Newsome, who, on oath deposes and says that [s/he] is the publisher of that newspaper known as the Washington News Reporter, which publishes a weekly edition, and that the Washington News Reporter published on Thursday of each week is the newspaper in which Sheriffs advertisements for Wilkes County are published. Further deposing, [s/he] says that as publisher of that newspaper, [s/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 Washington, Georgia, was published in the Washington News Reporter on the 22nd day of November, 2001, and on the 29th day of November 2001, and of the 6th day of December, 2001.
This 10th day of December, 2001.
s/ SMYTHE NEWSOME Smythe Newsome, Publisher
Sworn to and subscribed before me This 10th day of December, 2001.
s/ DEBBIE DANNER Notary Public, Wilkes County, Georgia My Commission Expires: 04/17/03
NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF WASHINGTON, 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 WASHINGTON, GEORGIA WILKES COUNTY
Notice is hereby given that an ordinance will be introduced on November 12,2001 and read for final adoption on the 1 Oth day of December, 2001, to amend the Charter of the City of Washington, Georgia, which was created by an act amended on February 14, 1958 (Ga. L. 1958, p. 2139), as amended, so as to authorize the City of Washington, Georgia to acquire, construct, operate, maintain and contract with respect to a telecommunications systems network.

4988______MUNICIPAL HOME RULE ORDINANCES________
A copy of this proposed amendment to the Charter of the City of Washington, Georgia is on file in the office of the Clerk of the City of Washington, Georgia, for the purpose of examination and inspection by the public, all as required by law.
Filed in the Office of the Secretary of State January 28, 2003

CITY OF EAST POINT - MAYOR'S DUTIES; PROHIBITION ON DISCRIMINATION; CITY ATTORNEY; DEPARTMENT HEADS;
PUBLIC WORKS AND PUBLIC UTILITIES DEPARTMENTS.

AN ORDINANCE

001 -03

STATE OF GEORGIA COUNTY OF FULTON

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAST POINT, GEORGIA PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 TO CHANGE THE CHARTER OF THE CITY TO PROVIDE THAT THE MAYOR MAY NOT VETO AN ACTION OF COUNCIL SUSPENDING OR TERMINATING AN OFFICER OR EMPLOYEE; TO PROVIDE THAT THE CITY OF EAST POINT SHALL NOT DISCRIMINATE ON THE BASIS OF RACE, SEX, COLOR, AGE, DISABILITY, RELIGION, NATIONAL ORIGIN OR SEXUAL ORIENTATION; TO PROVIDE THAT THE CITY ATTORNEY SHALL REPORT DIRECTLY TO THE CITY COUNCIL; TO PROVIDE THAT SUPERVISION OF THE CITY MANAGER SHALL BE BY THE ENTIRE COUNCIL IN A MANNER CONSISTENT WITH THE APPLICABLE CHARTER AND CODE PROVISIONS AND COUNCIL POLICY AND DIRECTIVES TO THE CITY MANAGER; TO PROVIDE THAT THE APPOINTMENT OF ANY DEPARTMENT HEAD, INCLUDING THE CITY CLERK, IS NOT FINAL WITHOUT THE ADVISE AND CONSENT OF CITY COUNCIL; TO PROVIDE THAT THE PUBLIC WORKS DEPARTMENT SHALL BE CONSTITUTED OF A DIRECTOR, AND ASSISTANT DIRECTOR, AND SHALL INCLUDE THE OFFICES OF SANITATION, WATER AND SEWER, AND RIGHT OF WAY MAINTENANCE; TO PROVIDE THAT THE PUBLIC UTILITIES DEPARTMENT SHALL BE CONSTITUTED OF A DIRECTOR, AN ASSISTANCE DIRECTOR, AND SHALL INCLUDE THE OFFICE OF ELECTRIC; TO PROVIDE FOR COMPLIANCE WITH THE HOME RULE ACT OF 1965, TO PROVIDE FOR ENROLLMENT, TO PROVIDE FOR AN EFFECTIVE DATE, TO REPEAL CONFLICTING ORDINANCES, AND FOR OTHER PURPOSES.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EAST POINT, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME THAT:

____________GEORGIA LAWS 2003 SESSION__________4989
An Act establishing a new Charter for the City of East Point approved August 19, 1912 (Ga. L. 1012, p. 862, et seq.) as amended, is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), as follows:
Section 1. The first sentence of Charter Section 2-103 is deleted in its entirety and inserted in lieu thereof is the following:
"The mayor shall serve as the chief spokesperson for the city and the chief advocate of formally approved and adopted city policy."
Section 2. The third sentence of Charter Section 2-103 is deleted in its entirety and inserted in lieu thereof is the following:
"The mayor shall sign ordinances and resolutions only on their passage; shall sign deeds, bonds, contracts and other instruments approved by Council as required by law; and shall appoint council committees and such other committees subject to council approval and as provided by law."
Sections. The portion of the first sentence of Section 2-104 before the first commas therein is hereby deleted and inserted in lieu thereof is the following:
"The mayor shall have power to veto an action of the city council except its appointment, suspension and termination ofofficers and employees and except in an impeachment resolution against the mayor"
Section 4. The second sentence of Section 4-202 of the Charter is deleted in its entirety and inserted in lieu thereof is the following:
"Discrimination based upon race, creed, sex, religion, color, age, disability, national origin or sexual orientation is hereby prohibited."
Section 5. Article IV, Chapter 1 of the Charter is hereby amended by adding the following:
"The city council shall appoint a city attorney who shall report directly to the council."
Section 6. The last two sentences of Section 4-202 of the Charter are deleted in their entirety and inserted in lieu thereof is the following:
"No appointment of any department head, including the city clerk, shall be final without the advise and consent of the city council."

4990_______MUNICIPAL HOME RULE ORDINANCES________
Section 7. Section 4-106 and Section 4-107 of the Charter are deleted in their entirety and inserted in lieu thereof is the following:
"Section 4-106 Public works department
The public works department shall be constituted of a director, an assistant director, and shall include the offices of sanitation, water and sewer and right-of-way maintenance.
Section 4-107 Public utilities department
The public utilities department shall be constituted of a director, an assistant director, and shall include the office of electric."
Section 8. The City Clerk of East Point, Georgia, is hereby authorized to publish a notice containing a synopsis ofthis proposed Ordinance in the official organ of Fulton County, Georgia, and in the official newspaper of the City of East Point once a week for three weeks within a period of sixty days immediately preceding the final adoption of this Ordinance. Said City Clerk shall further file a copy of this proposed Ordinance in the office of said clerk and in the office of the clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public. Said City Clerk is further directed to furnish anyone upon written request a copy of this proposed ordinance. Upon adoption of this Ordinance by the City Council, the City Clerk is instructed within thirty days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Georgia Laws thereafter.
Section 9. This ordinance shall become effective upon its second adoption and approval by the Mayor.
Section 10.All ordinances in conflict herewith are hereby repealed.
Section 11 .Severability. In the event any section, subsection, sentence, clause or phrase of this Ordinance shall be declared invalid or unconstitutional, such adjudication shall in no manner effect the previously existing provisions of the other sections, subsections, sentences, clauses or phrases of this Ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clauses or phrases so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The City Council hereby declares that it would have passed the remaining parts of this Ordinance or retained the previously existing

____________GEORGIA LAWS 2003 SESSION__________4991

provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional.

First Adoption 12/16/2002 Second Adoption 1/6/2003

APPROVED by the Mayor this 6th day of January, 2003.

ATTEST:

s/ PASTY J. HILLIARD_______ PATSY JO HILLIARD, MAYOR

s/ BRENDA B. JAMES CITY CLERK

AFFIDAVIT OF PUBLICATION

I, Wade W. Stephens do solemnly swear that I am Advertising Director of the Marietta Daily Journal, Cherokee Tribune, and Neighbor Newspapers, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisement of:

City of East Point, for "Notice of Home Rule Ordinance" was inserted in the South Fulton Neighbor Newspaper on December llth, December 18th, and December 25th 2002.
s/ WADE W. STEPHENS

Subscribed and sworn to before this 15th day of January 2003.

s/ ALICE F. DAVIS Notary Public

Notary Public, Cobb County, Georgia My Commission Expires August 20, 2004

ORDINANCE

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAST POINT, GEORGIA PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 TO CHANGE THE CHAPTER OF THE CITY TO PROVIDE THAT ALL APPOINTMENTS TO BOARDS, COMMISSIONS, AUTHORITIES AND COMMITTEES WHICH INVOLVE THE EXPENDITURE OF CITY FUNDS BE APPROVED BY A MAJORITY OF COUNCIL; TO PROVIDE THAT THE MAYOR MAY NOT VETO AN ACTION OF COUNCIL TERMINATING AN

4992_______MUNICIPAL HOME RULE ORDINANCES_________
OFFICER OR EMPLOYEE; THAT THE CITY OF EAST POINT SHALL NOT DISCRIMINATE ON THE BASIS OF RACE, SEX, COLOR, AGE, DISABILITY, RELIGION, NATIONAL ORIGIN OR SEXUAL ORIENTATION; TO PROVIDE THAT THE CITY ATTORNEY SHALL REPORT DIRECTLY TO THE CITY COUNCIL; AND THAT SUPERVISION OF THE CITY MANAGER SHALL BE BY THE ENTIRE COUNCIL IN A MANNER CONSISTENT WITH THE APPLICABLE CHARTER AND CODE PROVISIONS AND COUNCIL POLICY AND DIRECTIVES TO THE CITY MANAGER; THE HIRING OF ANY DEPARTMENT HEAD INCLUDING THE CITY CLERK IS NOT FINAL WITHOUT THE ADVISE AND CONSENT OF CITY COUNCIL; TO PROVIDE THAT THE PUBLIC WORKS DEPARTMENT SHALL BE CONSTITUTED OF A DIRECTOR, AN ASSISTANT DIRECTOR, AND SHALL INCLUDE THE OFFICES OF SANITATION, WATER AND SEWER, AND RIGHT OF WAY MAINTENANCE; TO PROVIDE THAT THE PUBLIC UTILITIES DEPARTMENT SHALL BE CONSTITUTED OF A DIRECTOR, AN ASSISTANT DIRECTOR, AND SHALL INCLUDE THE OFFICE OF ELECTRIC, AND TO PROVIDE THAT THE OFFICE OF THE MAJOR IS NOT AN EXECUTIVE OFFICE; TO PROVIDE FOR COMPLIANCE WITH THE HOME RULE ACT OF 1965; TO PROVIDE FOR ENROLLMENT; TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
A copy of the proposed ordinance is on file and available for inspection in the office of the City Clerk and the office of the Clerk of Superior Court, Fulton County.
Brenda James City Clerk City of East Point 2777 East Point Street East Point, GA 30344
David Jean Couch City Attorney City of East Point 2860 Church Street East Point, GA 30344
Personally appeared before the undersigned notary public, Brenda B. James, Clerk of the City of East Point, and after being duly sworn deposes and states under oath as follows: I am the City Clerk of the City of East Point, Georgia, and pursuant to my responsibilities as City Clerk and in compliance with the Municipal Home Rule Act of 1965, hereby certify that with respect to that Municipal Home Rule Ordinance adopted June 5,1995,1 have in proper and timely fashion transmitted a

____________GEORGIA LAWS 2003 SESSION__________4993
copy ofthe said ordinance and the publication notice for filing with the Clerk ofthe Superior Court of Fulton County, Georgia, for its inspection by the public, together with maintaining a copy of said ordinance in the office of the Clerk of the City of East Point for inspection by the public, together with providing for publication of the legal notice, a copy of with is attached hereto, and is further evidenced by an affidavit of the publishers.
Furthermore, in execution of the Affidavit, I am transmitting herewith a certified copy of the ordinance as adopted by the Mayor and Council of the City of East Point to the Secretary of State of Georgia for enrollment in Georgia Laws as provided in the Municipal Home Rule Act of 1965 as amended.
This 21st Day of January, 2003.
s/ BRENDA B. JAMES Brenda B. James, City Clerk
Sworn to and subscribed before me this 21 st day of January, 2003
s/ BOBBIE JONES Notary Public
My Commission Expires:
Bobbie Jones My Commission Expires June 24, 2006 Notary Public Henry County Georgia
January 21,2003
TO WHOM IT MAY CONCERN:
I, Brenda B. James, City Clerk for the City of East Point, Georgia do hereby certify that I am the keeper of the seal, minutes and records of said city; that the attached is a true, correct and exact copy of the Ordinances in the City Clerk's Office in the city of East Point, Georgia.
1. Copy of City Ordinance #001 -03 to Change Sections 2-103,2-104,4-202,4-106 and 4-107 of the Municipal Charter of the City of East Point.
IN WITNESS WHEREOF I have hereunto affixed my official signature and the corporate seal of said city this 21st day of January 2003.

4994

MUNICIPAL HOME RULE ORDINANCES

s/ BRENDA B. JAMES Brenda B. James, City Clerk
City Seal
Filed in the Office of the Secretary of State January 30, 2003.

CITY OF CLARKSTON - MAYOR'S COURT; PUNISHMENT FOR VIOLATIONS OF CITY ORDINANCES.
ORDINANCE NO.
AN ORDINANCE TO AMEND THE CHARTER AND ORDINANCES OF THE CITY OF CLARKSTON TO PROVIDE FOR A CHANGE IN THE PUNISHMENT WHICH MAY BE IMPOSED BY THE MAYOR'S COURT FOR OFFENSES AGAINST ORDINANCES OF THE CITY, AND FOR OTHER PURPOSES.
SECTION ONE. BE IT ORDAINED and it is ordained by the City Council of the City of Clarkston that pursuant to the authority vested in the Council by O.C.G.A. 36-35-3, the Charter of the City of Clarkston is hereby amended by deleting Section 3.06 in its entirety and substituting the following in lieu thereof:
"Sec. 3.06. Same-Jurisdiction; powers.
The mayor's court shall try and punish for crimes against the City of clarkston and for violation of its ordinances. The mayor's court shall have authority to punish those in its presence, or so near thereto as to affect its operation, for contempt, provided that such punishment shall not exceed fifty dollars ($50.00) or fifteen (15) days in jail. The mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of one thousand dollars ($1000.00) or imprisonment for six (6) months or both.
The mayor's court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to state or superior courts for violation of state law.
The mayor's court shall have authority to establish bail and recognizance to insure the presence o ft hose charged with violations and may prescribe the conditions for forfeiture of the same.

____________GEORGIA LAWS 2003 SESSION__________4995
The mayor's court shall have authority to administer oaths and perform all other acts necessary or proper to the conduct of said court.
The mayor's court shall have the authority to bind prisoners over to the appropriate court when it appears that a state law has been violated.
The mayor's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served as executed by any officer so authorized by this charter or by state law."
SECTION TWO. BE IT ORDAINED, and it is ordained that Chapter 1 ofthe Code of Ordinances of the City of Clarkston is hereby amended by deleting section 1-7 thereof in its entirety and substituting in lieu thereof the following:
"Sec. 1-7. General penalty; continuing violations.
Whenever in this Code or in any ordinance or resolution of the city, or rule or regulation or order promulgated by any officer or agency of the city under authority duly vested in such officer or agency, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever the doing of any act is required or the failure to do any act is declared to be unlawful or an offence or a misdemeanor, and no specific penalty is provided therefor and not otherwise limited by law, the violation of any such provision of this Code or any ordinance, resolution, rule, regulation or order, shall be punished by a fine not exceeding one thousand dollars ($1000.00) or by imprisonment not exceeding six (6) months or by work on the city work gang not exceeding six (6) months or by any combination of such punishments. Each day any violation of any provision of this Code or of any such ordinance, resolution, rule, regulation or order shall continue shall constitute a separate offense.
Any such punishment shall not preclude the enforced abatement of a prohibited condition, or the pursuit of any other lawful remedy by the city."
SECTION THREE. The City Clerk is directed to post synopsis of this change in the Legal Organ of DeKalb County, Georgia once a week for three weeks prior to the April meeting of the City Council. The City Clerk is further directed to provide a copy of this Ordinance to the Clerk of the Superior Court of DeKalb County, Georgia as required by law. This ordinance amending the Charter of the City of Clarkston shall become effective upon passage at two regular consecutive meetings of the City Council and upon providing notice of this change to the Clerk of the Superior Court of DeKalb County, Georgia and to the Secretary of State of the State of Georgia as provided by law. All offenses occurring prior to passage of this

4996_______MUNICIPAL HOME RULE ORDINANCES________

amendment shall be governed by prior law. This amendment shall apply prospectively only.

SO ORDAINED by the Council in open session, on the 4th day of March, 2003, and on the 1 st day of April, 2003.

Attest:

s/ LEE SWANEY_______ Lee Swaney, Mayor

s/ CAROLE KEYS______ Carole Keys

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, 4-1-03 AMEND SEC 3.06 was published in said newspaper on the following date(s):

03/13/03, 03/20/03, 03/27/03

s/ CAROLYN JERNIGAN-GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 03/27/03.

s/ JACINDA HOLLEY__________ Notary Public My commission expires September 22, 2006

THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY

330-086591 3/13, 3/20, 3/27BH

____________GEORGIA LAWS 2003 SESSION__________4997
NOTICE OF INTENT TO AMEND CHARTER
Pursuant to the requirements of O.C.G.A. 36-35-3 (b)(l), notice is hereby given that the City of Clarkston shall consider amendment to Section 3.06 of its charter to increase the penalties and fines which may be imposed by the mayor's court from a maximum of $500.00 and 90 days in jail to a new maximum of $1000.00 and six months in jail. Said amendment was first considered at the meeting at the City Council on March 4,2003. Said amendment shall be considered for final approval at the meeting of the City Council to be held at 7:00 PM on Tuesday, April 1,2003 to be held at City Hall, 3921 Church Street, Clarkston, Georgia. A true and correct copy of the proposed amending ordinance may be seen in the office of the Clerk of the Superior Court of DeKalb County, Georgia, and a true and correct copy of the proposed amending ordinance may be obtained from the City Clerk of the City of Clarkston at City Hall.
Carole Keys, City Clerk By Direction
Filed in the Office of the Secretary of State April 18, 2003.
CITY OF DALTON - CITY COUNCIL; DISTRICTS.
ORDINANCE 03-03
To Amend The Charter Of The City Of Dalton, Georgia, First Approved February 24, 1874 (1874 Georgia Laws, p. 181) By Amending Article III Captioned "Elections" By Striking, Deleting, And Repealing Section 3-9 Designated "Division of City into Wards -1908 Designation." As Enacted By 1908 Georgia Laws, p. 579, Section 2, And Substituting In Lieu Thereof A New Section 3-9 Designated "Division of City into Wards"; By Striking And Repealing Section 3-10 Designated "Same -1921 Designation." And Substituting In Lieu Thereof A New Section 3-10 Captioned "Wards - Future Annexations."; By Striking And Repealing Section 3-10.1 Captioned "Line between Third and Fourth Wards."; To Provide For Severability; To Provide For An Effective Date; To Repeal Conflicting Ordinances; And For Other Purposes
BE IT ORDAINED by the Mayor and Council of the City of Dalton and by authority of the same, IT IS HEREBY ORDAINED as follows:

4998_______MUNICIPAL HOME RULE ORDINANCES_________
Section 1.
Amend the Charter of the City of Dalton, Georgia by striking, deleting, and repealing Section 3-9 captioned "Division of City into Wards -1908 Designation" and substituting in lieu thereof a new Section 3-9 captioned "Division of City into Wards" which shall read as follows:
Sec. 3-9. Division of city into wards.
The city shall be divided into four (4) wards. Each ward shall be entitled to one (1) alderman who shall be elected as provided in this charter. The area of each ward on the effective date of the adoption of this section shall be as described below. The areas for the various wards are as follows:
Ward 1:
Tract 1 - All property within the corporate limits of the City that is north of a line that begins at the intersection of State Highway 52 and Maddox Chapel Road; thence westerly along the center line of Maddox Chapel Road to its intersection with Underwood Street; thence westerly along the center line of Underwood Street to its intersection with Frasier Drive; thence northerly along the center line of Frazier Drive to its intersection with Delaware Drive; thence westerly along the center line of Delaware Drive to its intersection with Fields Avenue; thence southerly along the center line of Fields Avenue t o i ts intersection with Mitchell Street; thence westerly along the center line of Mitchell Street to its intersection with Glenwood Avenue; thence southerly along the center line of Glenwood Avenue to its intersection with East Long Street; t hence w esterly a long t he c enter 1 ine o f E ast L ong S treet t o i ts intersection with North Hamilton Street; thence northerly along the center line of North Hamilton Street to its intersection with West Park Street; thence westerly along the center line of West Park Street to its intersection with Liddell Street; thence southerly along the center line of Liddell Street to its intersection with Moore Street; thence westerly along the center line of Moore Street to its intersection with Julian Street; then southerly along the center line of Julian Street to its intersection with Judson Street; thence westerly along the center line ofJudson Street to its intersection with Chattanooga Avenue; thence southerly along the center line of Chattanooga Avenue to its intersection with West Tyler Street; thence westerly along West Tyler Street to its intersection with West Boundary Street; thence northerly along the center line of West Boundary Street to its intersection with Cascade Drive; thence westerly along the center line of Cascade Drive to its intersection with West Waugh Street; thence westerly along the center line of West Waugh Street to its intersection with Shugart Road; thence southerly along the center line of Shugart Road to its intersection with North Tibbs Road; thence westerly along the center line

____________GEORGIA LAWS 2003 SESSION__________4999
of North Tibbs Road to its intersection with the center line of Interstate 75; thence northerly along the center line ofInterstate 75 to its intersection with the northern most intersection of the city corporate limits and Interstate 75.
Tract 2 - Beginning at the intersection of Willowdale Road and Highway 41; thence northerly following the corporate city limits until the corporate city limits intersect with the center line of Interstate 75; thence northerly along the center line of Interstate 75 to its intersection with the corporate city limits; thence following the corporate city limits to the point of beginning.
Ward 2:
Tract 1 - Commencing at the intersection of the center line of Interstate 75 and North Tibbs Road; thence southeasterly along the center line of North Tibbs Road to its intersection with Shugart Road; thence northerly along the center line of Shurgart Road to its intersection with West Waugh Street; thence easterly along the center line of West Waugh Street to its intersection with Cascade Drive; thence northeasterly along the center line of Cascade Drive to its intersection with West Boundary Street; thence southerly along the center line of West Boundary Street to its intersection with West Tyler Street; thence easterly along the center line of West Tyler Street to its intersection with Chattanooga Avenue; thence northerly along the center line of Chattanooga Avenue to its intersection with Judson Street; thence easterly along the center line of Judson Street to its intersection with Julian Street; thence northerly along the center line of Julian Street to its intersection with Moore Street; thence easterly along the center line of Moore Street to its intersection with Liddell Street; thence northerly along the center line of Liddell Street to its intersection with Park Street; thence easterly along the center line of Park Street to its intersection with North Hamilton Street; thence southerly along the center line of North Hamilton Street to its intersection with East Long Street; thence easterly along the center line of East Long Street to its intersection with Glenwood Avenue; thence northerly along the center line of Glenwood Avenue to its intersection with Mitchell Street; thence easterly along the center line of Mitchell Street to its intersection with Fields Avenue; thence northerly along the center line of Fields Avenue to its intersection with Delaware Drive; thence easterly along the center line of Delaware Drive to its intersection with Frazier Drive; thence southerly along the center line of Frazier Drive to its intersection with Underwood Street; thence easterly along the center line of Underwood Street to its intersection with the corporate city limits; thence southerly along the corporate city limits to its intersection with Martin Luther King, Jr. Boulevard; thence westerly along the center line of Martin Luther King, Jr. Boulevard to its convergence with West Waugh Street; thence continuing westerly along the center line of West Waugh Street to its intersection with High Street; thence southerly along the center line of High Street to its

5000_______MUNICIPAL HOME RULE ORDINANCES_________
convergence with North Boundary Street; thence southerly along the center line of North Boundary Street to its intersection with School Street; thence southerly along the center line of an abandoned portion of North Boundary Street to its intersection with Vernon Avenue; thence southerly along the center line of North Boundary Street to its intersection with West Crawford Street; thence westerly along the center line of West Crawford Street to its intersection with Davidson Drive; thence northerly along the center line of Davidson Drive to its intersection with Tech Drive; thence westerly along the center line of Tech Drive to its intersection with Castle Road; thence southerly along the center line of Castle Road to its intersection with West Emery Street; thence westerly along the center line of West Emery Street to its intersection with Rainsong Road; thence northerly along the center line of Rainsong Road to its intersection with Daffodil Drive; thence westerly along the center line of Daffodil Drive to its intersection with Tibbs Road; thence northerly along the center line of Tibbs Road to its intersection with Green Bush Place; thence westerly along the center line of Green Bush Place to its intersection with McClellan Creek; thence southerly along McClellan Creek to its intersection with a branch of McClellan Creek located between Wood Valley Drive and Huntington Road; thence westerly along the branch of McClellan Creek to its intersection with the center line of Interstate 75; thence northerly along the center line of Interstate 75 to the point of beginning.
Tract 2 - Commencing at the intersection of Underwood Road, NE and Maddox Chapel Road, NE; thence southwesterly along the center line of Underwood Road, NE to its intersection with the corporate city limits; thence southeasterly following the corporate city limits until its intersection with Maddox Chapel Road, NE; thence northwesterly along the center line of Maddox Chapel Road, NE to the point of beginning.
Ward 3:
Ward 3 is comprised of all of that area within the corporate city limits located within the following boundaries: commencing at the easternmost intersection of the corporate city limits with Martin Luther King, Jr. Boulevard; thence westerly along the center line of Martin Luther King, Jr. Boulevard to its convergence with West Waugh Street; thence continuing westerly along the center line of West Waugh Street to its intersection with High Street; thence southerly along the center line of High Street to its convergence with North Boundary Street; thence southerly along the center line of North Boundary Street to its intersection with School Street; thence southerly along the center line of an abandoned portion of North Boundary Street to its intersection with Vernon Avenue; thence southerly along the center line of North Boundary Street to its intersection with West Crawford Street; thence westerly along the center line of West Crawford Street to its intersection with Davidson Drive;

_________GEORGIA LAWS 2003 SESSION__________5001
thence northerly along the center line ofDavidson Drive to its intersection with Tech Drive; thence westerly along the center line of Tech D rive to its intersection with Castle Road; thence southerly along the center line of Castle Road to its intersection with West Emery Street; thence easterly along the center line of West Emery Street to its intersection with Greenwood Drive; thence southerly along the center line of Greenwood Drive to its intersection with Dogwood Lane; thence westerly along the center line of Dogwood Lane to its intersection with Emmons Drive; thence southerly along the center line ofEmmons Drive to its intersection with Walnut Avenue; thence easterly along the center line of Walnut Avenue to its intersection with Old Chatsworth road; thence northerly along the eastern boundary of the corporate city limits to the point of beginning.
Ward 4:
Tract 1 - All property within the corporate city limits that is south of a line that begins at the intersection of Walnut Avenue and Old Grade Road; thence westerly along the center line of Walnut Avenue to its intersection with Emmons Drive; thence northerly along the center line of Emmons Drive to its intersection with Dogwood Lane; thence easterly along the center line of Dogwood Lane to its intersection with Greenwood Drive; thence northerly along the center line of Greenwood Drive to its intersection with Emery Street; thence westerly along the center line of Emery Street to its intersection with Rainsong Road; thence northerly along the center line of Rainsong Road to its intersection with Daffodil Drive; thence westerly along the center line of Daffodil Drive to its intersection with Tibbs Road; thence northerly along the center line of Tibbs Road to its intersection with Greenbush Place; thence westerly along the center line of Greenbush Place to its intersection with McClellan Creek; thence southerly along McClellan Creek to its intersection with a branch of McClellan Creek located between Wood Valley Drive and Huntington Road; thence westerly along the branch of McClellan Creek to its intersection with the center line of Interstate 75.
Tract 2 - Begnning at the intersection of the center line of Interstate 75 and Dug Gap Battle Road; thence westerly following the corporate city limits until the corporate city limits intersect with Interstate 75; thence southerly along the center line of Interstate 75 to the point of beginning.
Tract 3 - Commencing at the intersection of Parker Road, S.E. and Melody Lane; thence northerly along the center line of Parker Road, S.E. to its intersection with the corporate city limits; thence easterly along the corporate city limits, following the corporate city limits until the city limits intersect with Airport Road; thence following the city limits northwesterly until the corporate

5002_______MUNICIPAL HOME RULE ORDINANCES_________
limits intersect Melody Lane; thence westerly along the center line of Melody Lane to the point of beginning.
Section 2.
Amend the Charter of the City of Dalton, Georgia by striking, deleting, and repealing Section 3-10 captioned "Same - 1921 Designation." and substituting in lieu thereof a new Section 3-10 captioned "Wards - Future Annexations." which shall read as follows:
Sec. 3-10. Wards - Future annexations.
Tracts annexed into the city after the effective date of this ordinance shall be assigned to the ward to which such annexed tract is contiguous. If such annexed tract is contiguous to more than one ward, then it shall be assigned to the contiguous ward with the least population.
Section 3.
Amend the Charter of the City of Dalton, Georgia by striking, deleting, and repealing Section 3-10.1 captioned "Line between third and fourth wards."
Section 4.
This Ordinance shall be effective after adoption upon the filing of a copy of this ordinance, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which the notice was published with the Secretary of State of Georgia, the office of the Clerk of the Superior Court of Whitfield County, Georgia, and the office of the Clerk of the City of Dalton, Georgia. T his O rdinance i s s ubject top reclearance from t he U nited S tates Department of Justice.
Section 5.
It is hereby declared to be the intention ofthe Mayor and City Council ofthe City of Dalton that the section, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or otherwise invalid by a court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance.

____________GEORGIA LAWS 2003 SESSION__________5003

Section 6.

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

SO ORDAINED this 17th day of March, 2003.

The foregoing Ordinance received its first reading on 03-03-03 and a second reading on 03-17-03. Upon second reading a motion for passage ofthe ordinance was made by Alderman Christie, second by Alderman Grant and upon the question the vote is 4 ayes, 0 nays and the Ordinance is adopted.

ATTEST:

s/ RAYMOND ELROD MAYOR

s/ FAYE L. MARTIN CITY CLERK

CLERK'S CERTIFICATE

I, Faye L. Martin, the duly appointed and qualified City Clerk of the City of Dalton, Georgia do hereby certify that the attached is an true and exact copy of an ordinance amending the Charter of the City of Dalton, Georgia to amend Article III captioned "Elections" by striking, deleting, and repealing Sections 3-9, 3-10, and 3-10.1 and substituting new Sections 3-9 and 3-10 to reapportion the election wards from which aldermen are elected following publication of the United States Decennial Census of 2000; and to provide for a procedure to assign newly annexed tracts to an election ward. Said Ordinance was adopted on 17th day of March, 2003.

(Seal)

s/ FAYE L. MARTIN City Clerk

Notice of Proposed Amendment to the City Charter of the City of Dalton, Georgia

The City of Dalton, Georgia proposes to amend its Charter to amend Article III captioned "Elections" by striking, deleting, and repealing Sections 3-9, 3-10, and 3-10.1 and substituting new Sections 3-9 and 3-10 to reapportion the election wards from which aldermen are elected following publication of the United States Decennial Census of 2000; and to provide for a procedure to assign newly annexed tracts to an election ward. A copy of the proposed home rule ordinance is on file in the office of the City Clerk of the City of Dalton, Georgia and in the office of the

5004_______MUNICIPAL HOME RULE ORDINANCES__________
Clerk of the Whitfield County Superior Court, a copy of the proposed home rule ordinance shall be furnished for examination and inspection.
s/ FAYE L. MARTIN City Clerk
AFFIDAVIT OF PUBLICATION
I, Jeff Mutter, do solemnly swear that I am the Ad. Director of The Daily Citizen News, printed and published in Dalton, Whitfield County, Georgia and that from my own personal knowledge and reference to the files of said publication the attached advertisement of the Notice of Proposed Amendment to the City Charter of the City of Dalton, Georgia was inserted into the regular edition of said publication on February 28, March 7, and March 14, 2003.
This 18 day of March, 2003.
s/ JEFF MUTTER Affiant
Sworn to and subscribed before me this 18 day of March, 2003.
s/ SHANNA DUNN________ Notary Public
Filed in the Office of the Secretary of State April 22, 2003.
CITY OF DALTON - MUNICIPAL COURT; JUDGE.
ORDINANCE 03-05
To Amend The Charter Of The City Of Dalton, Georgia, First Approved February 24,1874 (1874 Georgia Laws, p. 181) By Renaming The Recorder's Court As The Municipal Court; By Renaming The Recorder As The Municipal Court Judge; By Amending Article VI Captioned "Courts" By Striking, Deleting, And Repealing Section 6-17 Captioned "Election; Term; Vacancy in Office" And Substituting In Lieu Thereof A New Section 6-17 Captioned "Municipal Court Judge; Appointment; Term; Compensation"; By Amending Article VI Captioned "Courts" By Striking, Deleting, And Repealing In Its Entirety Section 6-18 Captioned "Salary of Recorder"; To Provide For Severability; T o P rovide F or A n E ffective D ate; T o R epeal C onflicting Ordinances; And For Other Purposes

_____________GEORGIA LAWS 2003 SESSION__________5005
BE IT ORDAINED by the Mayor and Council of the City of Dalton and by authority of the same, IT IS HEREBY ORDAINED as follows:
Section 1.
The recorder's court shall be styled hereafter as the municipal court. Any reference in the charter or the ordinances of the city to a recorder's court shall be deemed to be the municipal court. Whenever in the charter or ordinances of the city the term "recorder's court" appears such term is stricken and the term "municipal court" is inserted in lieu thereof.
Section 2.
The recorder shall be styled hereafter as the municipal court judge. Any reference in the charter or the ordinances of the city to a recorder shall be deemed to mean a municipal court judge. Whenever in the charter or ordinances of the city the term "recorder" appears such term is stricken and the term "municipal court judge" is inserted in lieu thereof.
Section 3.
Amend Article VI of the Charter of the City of Dalton, Georgia captioned "Courts" by striking, deleting, and repealing in its entirety, Section 6-17 captioned "Election; term; vacancy in office" and substituting in lieu thereof a new Section 6-17 captioned "Municipal court judge; appointment; term; compensation" which shall read as follows:
Sec. 6-17. Municipal court judge; appointment; term; compensation.
(a) The municipal judge and such part-time, full-time, or stand-by municipal court judges as the mayor and council may deem appropriate from time to time, shall be appointed by the mayor and council and shall serve at-will and may be removed from office at any time by the mayor and council unless otherwise provided by ordinance. All municipal court judges appointed by the mayor and council shall serve until a successor is appointed and qualified. Provided, however, the municipal court judge in office at the time of the effective date of this ordinance shall remain in office for the remainder of the term for which he or she was elected.
(b) No person shall be qualified or eligible to serve as a judge for the municipal court unless that person has attained the age of twenty-one (21) years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law.

5006_______MUNICIPAL HOME RULE ORDINANCES_________
(c) Compensation for the municipal courtjudge shall be fixed by ordinance.
(d) Before assuming office, each municipal court judge shall take an oath, given by the mayor or his designee, that the municipal court judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality.
Section 4.
Amend Article VI captioned "Courts" by striking, deleting, and repealing in its entirety Section 6-18 captioned "Salary of recorder".
Section 5.
This Ordinance shall be effective after adoption upon the filing of a copy of this ordinance, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which the notice was published with the Secretary of State of Georgia, the office of the Clerk of the Superior Court of Whitfield County, Georgia, and the office of the Clerk of the City of Dalton, Georgia. T his O rdinance i s s ubject t o p reclearance from t he U nited S tates Department of Justice.
Section 6.
It is hereby declared to be the intention of the Mayor and City Council of the City of Dalton that the section, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or otherwise invalid by a court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance.
Section 7.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SO ORDAINED this 17th day of March, 2003.
The foregoing Ordinance received its first reading on 03-03-03 and a second reading on 03-17-03. Upon second reading a motion for passage of the ordinance was made by Alderman Robinson, second by Alderman Grant and upon the question the vote is 4 ayes, 0 nays and the Ordinance is adopted.

GEORGIA LAWS 2003 SESSION

5007

ATTEST:

s/ RAYMOND ELROD MAYOR

s/ FAYE L. MARTIN CITY CLERK

CLERK'S CERTIFICATE

I, Faye L. Martin, the duly appointed and qualified City Clerk of the City of Dalton, Georgia do hereby certify that the attached is an true and exact copy of an ordinance amending the Charter of the City of Dalton, Georgia to restyle the recorder's court as the municipal court, to restyle the recorder as the municipal court judge, to make the municipal court judge position appointed rather than elected, and to provide for the qualifications, term, oath, and compensation of the municipal court judge. Said Ordinance was adopted on 17th day of March, 2003.

(Seal)

s/ FAYE L. MARTIN City Clerk

Notice of Proposed Amendment to the City Charter of the City of Dalton, Georgia

The City of Dalton, Georgia proposes to amend its Charter to restyle the recorder's court as the municipal court, to restyle the recorder as the municipal court judge, to make the municipal court judge position appointed rather than elected, and to provide for the qualifications, term, oath, and compensation of the municipal court judge. A copy of the proposed home rule ordinance is on file in the office of the City Clerk of the City of Dalton, Georgia and in the office of the Clerk of the Whitfield County Superior Court, a copy of the proposed home rule ordinance shall be furnished for examination and inspection.

s/ FAYE L. MARTIN City Clerk

To run February 28, March 7, and March 14, 2003.

AFFIDAVIT OF PUBLICATION

I, Jeff Mutter, do solemnly swear that I am the Ad Director of The Daily Citizen News, printed and published in Dalton, Whitfield County, Georgia and that from my own personal knowledge and reference to the files of said publication the attached advertisement of the Notice of Proposed Amendment to the City Charter

5008_______MUNICIPAL HOME RULE ORDINANCES________

of the City of Dalton, Georgia was inserted into the regular edition of said publication on February 28, March 7, and March 14, 2003.

This 18 day of March, 2003.

Sworn to and subscribed before me, this 18 day of March, 2003.

s/ JEFF MUTTER Affiant

s/ SHANNA DUNN________ Notary Public

Filed in the Office of the Secretary of State April 22, 2003.

CITY OF DALTON - COMMUNICATIONS OR INFORMATION SERVICES AND FACILITIES.
ORDINANCE 03-06
To Amend The Charter Of The City Of Dalton, First Approved February 24, 1874 (Georgia Laws 1874, p. 181), As Amended, By Amending Division 2 Of Article VIII Captioned "Board of Water, Light and Sinking Fund Commissioners" By The Addition Of Section 8-29 Captioned "Communications Or Information Services And Facilities"; To Provide For Severability; T o P rovide F or A n E ffective D ate; T o R epeal C onflicting Ordinances; And For Other Purposes
BE IT ORDAINED by the Mayor and Board of Alderman of the City of Dalton and by authority of the same, IT IS HEREBY ORDAINED as follows:
Section 1.
Amend Division 2 of Article VIII of the Charter of the City of Dalton captioned "Board of Water, Light and Sinking Fund Commissioners" by adding Section 8-29 captioned "Communications or Information Services and Facilities" which shall read as follows:
Sec. 8-29. Communications or information services and facilities.
The City of Dalton through the board of water, light and sinking fund commissioners shall have the authority to construct, acquire, control, operate and provide as public utilities (i) communications services and facilities, and

____________GEORGIA LAWS 2003 SESSION__________5009
(ii) information services and facilities; of all kinds, without limitation, over or through all media, including wireline and wireless, whether such services and facilities are now known or are developed in the future, within or without the City of Dalton and within or without Whitfield County, Georgia. Notwithstanding the foregoing, the specification of any such services and facilities as public utilities is not intended to (i) confer any additional power or be in any way in derogation of the power and authority of the public service commission or any other regulatory body with respect to any such services and facilities, or (ii) subject any such services or facilities to common carrier or public utility regulation.
Section 2.
This Ordinance shall be effective after adoption upon the filing with the Secretary of State of Georgia, the office of the Clerk of the Superior Court of Whitfield County, Georgia, and the office of the Clerk of the City of Dalton, Georgia a copy of this ordinance, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which the notice was published.
Section 3.
It is hereby declared to be the intention ofthe Mayor and City Council ofthe City of Dalton that the section, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or otherwise invalid by a court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance.
Section 4.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SO ORDAINED this 17th day of March, 2003.
The foregoing Ordinance received its first reading on 03-03-03 and a second reading on 03-17-03. Upon second reading a motion for passage of the ordinance was made by Alderman Robinson, second by Alderman Christie and upon the question the vote is 4 ayes, 0 nays and the Ordinance is adopted.
s/ RAYMOND ELROD MAYOR

5010_______MUNICIPAL HOME RULE ORDINANCES_________
ATTEST:
s/ FAYE L. MARTIN CITY CLERK
CLERK'S CERTIFICATE
I, Faye L. Martin, the duly appointed and qualified City Clerk of the City of Dalton, Georgia do hereby certify that the attached is an true and exact copy of an ordinance amending the Charter of the City of Dalton, Georgia Article VIII captioned "Utilities" by amending Division 2 captioned "Board of Water, Light and Sinking Fund Commissioners" by the addition of Section 8-29 captioned "Communication or Information Services and Facilities" to provide for the authority through the Board of Water, Light and Sinking Fund Commissioners to construct, acquire, control, operate and provide as public utilities communication services and facilities and information services and facilities. Said Ordinance was adopted on 17th day of March, 2003.
s/ FAYE L. MARTIN City Clerk
Notice of Proposed Amendment to the City Charter of the City of Dalton, Georgia
The City of Dalton, Georgia proposes to amend its Charter to amend Article VIII captioned AUtilities@ by amending Division 2 captioned ABoard of Water, Light and Sinking Fund Commissioners by the addition of Section 8-29 captioned ACommunication or Information Services and Facilities to provide for the authority through the Board of Water, Light and Sinking Fund Commissioners to construct, acquire, control, operate and provide as public utilities communication services and facilities and information services and facilities. A copy of the proposed home rule ordinance is on file in the office of the City Clerk of the City of Dalton, Georgia and in the office of the Clerk of the Whitfield County Superior Court, a copy of the proposed home rule ordinance shall be furnished for examination and inspection.
s/ FAYE L. MARTIN City Clerk
To run February 28, March 7, and March 14, 2003.

____________GEORGIA LAWS 2003 SESSION__________5011
AFFIDAVIT OF PUBLICATION
I, Jeff Mutter, do solemnly swear that I am the Ad Director of The Daily Citizen News, printed and published in Dalton, Whitfield County, Georgia and that from my own personal knowledge and reference to the files of said publication the attached advertisement of the Notice of Proposed Amendment to the City Charter of the City of Dalton, Georgia was inserted into the regular edition of said publication on February 28, March 7, and March 14, 2003.
This 18 day of March, 2003.
s/ JEFF MUTTER Affiant
Sworn to and subscribed before me, this 18 day of March, 2003.
s/ SHANNA DUNN________ Notary Public
Filed in the Office of the Secretary of State April 22, 2003.
CITY OF GRIFFIN - CITY COMMISSION; DISTRICTS.
No. 03 - 02
AN ORDINANCE
AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF GRIFFIN, GEORGIA, PURSUANT TO THE AUTHORITY GRANTED AT O.C.G.A. SECTION 36-35-4.1 IN ACCORDANCE WITH THE PROCEDURES SET FORTH ATO.C.G.A. SECTION 36-35-3(l)(b) TO REAPPORTION MUNICIPAL ELECTION DISTRICTS BASED UPON PUBLICATION OF THE UNITED STATES DECENNIAL CENSUS OF 2000; TO IMPOSE NEW ELECTION DISTRICT BOUNDARIES IN COMPLIANCE WITH THE REQUIREMENTS OF THE UNITED STATES CONSTITUTION AND PERTINENT FEDERAL AND STATE LAWS, INCLUDING "THE VOTING RIGHTS ACT OF 1975, AS AMENDED", GOVERNING FUTURE ELECTIONS FOR MEMBERS OF THE GOVERNING BODY, AS SET FORTH IN A "CONSENT ORDER", ENTERED DECEMBER 4,2001, IN GRIFFIN BRANCH. NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE v. CITY OF GRIFFIN. GEORGIA, et al.. AS HERETOFORE PRECLEARED UNDER SECTION 5 OF THE VOTING RIGHTS ACT; AND FOR OTHER PURPOSES.

5012_______MUNICIPAL HOME RULE ORDINANCES_________
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF GRIFFIN, GEORGIA, AND IT IS ESTABLISHED AS FOLLOWS:
Section 1. The Charter of the City of Griffin, Georgia, as amended and codified, is hereby amended at Sec. 2.3, DISTRICTS ESTABLISHED, APPORTIONMENT OF ELECTION DISTRICTS BASED UPON POPULATION, pursuant to the authority of O.C.G.A. Section 36-35-4.1 through adoption of this Home Rule Ordinance, enacted in accordance with the requirements of O.C.G.A. Section 36-35-3( l)(b), for purposes ofreapportioning the municipal election districts ofthe City based upon publication of the U.S. Decennial Census of 2000. There is hereby adopted based upon Census Tracts and Blocks, as shown upon the official boundary map for Griffin, Spalding County, Georgia, as prepared by the U.S. Bureau of the Census for the 2000 Census, that certain legislative reapportionment plan, prepared by the State of Georgia Legislative Reapportionment Service, known and described as Plan "GRIFFWK5", adopted by the Board of Commissioners on November 13, 2001, attached hereto, which by reference is incorporated as if fully set out herein. Said plan was judicially approved in the "Consent Order", entered December 4, 2001, in GRIFFIN BRANCH. NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE v. CITY OF GRIFFIN. GEORGIA. et al. U.S. District Court for the Northern District of Georgia, Newnan Division, Civil Action File No. 3:01-CV-154-JTC, and submitted to the U.S. Department of Justice for "preclearance" under Section 5 of The Voting Rights Act of 1975, as amended. Said Consent Order was not objected to by the Attorney General as evidenced by a letter, dated January 23, 2002, and used for conducting municipal elections for City Districts 1,3 and 5, held March 19, 2002.
As amended, Charter Sec. 2.3 shall read as follows:
"Sec. 2.3. Districts established; Apportionment of election districts based on population.
(a) The original apportionment of the City into six single-member election districts was in accordance with the Consent Decree in REID, et al. v. MARTIN, et al., Civil Action File No. C-84-60N, U.S. District Court for the Northern District of Georgia. Thereafter, the board of commissioners, following publication of each U.S. decennial census, shall reapportion the City in accordance with O.C.G.A. Section 36-35-4.1.
(b) Future reapportionment of election districts shall be adopted by a home rule ordinance adopted in accordance with O.C.G.A. Section 36-35-3(l)(b). Said ordinance shall incorporate by reference a reapportionment plan based upon official Census tract and block references to the areas included within each district. For future reference, a map illustrating these districts may be published as an appendix to the Code of Griffin, Georgia.

____________GEORGIA LAWS 2003 SESSION__________5013
(c) Commissioners who are elected to the board shall serve a term of four (4) years and until their successors are duly elected and qualified. Newly elected commissioners may be sworn before any federal or state judicial officer, any officer of this State duly authorized to administer oaths, or the City Attorney, at any time following certification of their election, but shall not assume the duties of office, or exercise the powers thereof, until January 1 following their election."
Section 2. Ordinance 01-11, adopting an earlier reapportionment plan based upon the 2000 Decennial Census, not having received preclearance pursuant to Section 5 of The Voting Rights Act of 1975, as amended, is expressly repealed and of no force and effect.
Section 3. This ordinance shall become effective immediately upon adoption and shall govern the election of members of the governing municipal body in all municipal elections held thereafter; provided, however, this ordinance shall be deemed a "change" under Section 5 of the Voting Rights Act of 1975, as amended, and shall not be effective for voting purposes until submitted to the Attorney General, Department of Justice, and precleared in accordance with its procedures.
Public Hearing: January 28, 2003 First Reading: January 28, 2003 Second Reading: February 11, 2003
Plan Name: griffwkS Plan Type: Local User: Gina Shelton Administrator: Griffin City
Redistricting Plan Components Report
District 001 Spalding County
Tract: 1603 BG:2 2005 2006 2009 2010 2011 2012 2016 2017 2018 2019 2020 2021 2022 2023 2024 2027 2028 2029 2032 2035 2036 2037 2038 Tract: 1604 BG:2 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 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2063 2064 BG:3 3013 3014 3015 3016 3017 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041

5014_______MUNICIPAL HOME RULE ORDINANCES
BG:4 Tract: 1608 BG:2 2004 2005 2006 BG:3 3000 3001 3002 3003 3004 3005 3033 3034 3035 3053
District 002 Spalding County
Tract: 1603 BG:2 2033 2034 Tract: 1608 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 BG:2 20002001200220032007200820092010 2011201220142015 2016 2017 2018 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2048 2049 Tract: 1609 BG: 1 1007 1008 1010 1011 1012 1013 BG:2 201220132014 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 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
District 003 Spalding County
Tract: 1609 BG:2 2029 2040 2041 2044 2045 2056 BG:3 3033 3034 3035 3037 3038 3039 3040 3044 3045 3047 3048 3049 Tract: 1611 BG: 1 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013

____________GEORGIA LAWS 2003 SESSION__________5015
1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 BG:2 2007 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2036 2037 2039 2040 2041 2042 2043 2044 Tract: 1612 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1009 1015 1016 1017 1018 1028 BG:2 20002001201420152023 BG:3 3000 3008 3009
District 004 Spalding County
Tract: 1607 BG:5 5000 5001 5002 5003 5029 5039 5040 5041 Tract: 1608 BG:2 2013 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2046 2047 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 BG:3 3024 3026 3027 3028 3029 3030 3036 3037 3038 3039 3040 3041 3042 3043 3047 3048 3049 3050 3051 3052 Tract: 1612 BG: 1 1008 1010 1011 1012 1013 1014 1019 1020 1021 1022 1023 1024 1025 1026 1029 1030 BG:2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 2019 2020 2021 2022 2024 2025 2026 2028.2029 20302031 BG:3 3001 3002 3003 3004 3005 3006 3007 3010 3011 3014 3015 3016 3020 3021 3022 3024 3027 3028 3029 3034 3035 BG:4 4000 4001 4007 4008 4009 4019 4020 4021

5016_______MUNICIPAL HOME RULE ORDINANCES
District 005 Spalding County
Tract: 1604 BG: 1 1016 1021 BG:2 2002 2003 2004 2005 2006 2007 2008 2013 2014 2015 2045 2058 2059 2060 2061 2062 BG:3 3011 Tract: 1605 BG: 1 1013 1015 1020 1021 1027 1028 BG:2 2010 2011 2013 2014 2019 2020 2021 2022 2026 2027 2028 2029 2030 2031 2036 2037 2039 2040 2041 2042 2045 2046 2050 2051 2052 2053 2054 2055 2056 2057 2058 2061 2062 2063 2065 2066 2067 2068 2069 2075 2997 2999 Tract: 1607 BG:5 5006 5007 5010 5013 5015 5018 5019 5022 5023 5024 5027 5055 5056 5058 5066 Tract: 1608 BG:3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3054
District 006 Spalding County
Tract: 1607 BG:5 5004 5005 5025 5026 5030 5031 5032 5033 5034 5035 5036 5037 5038 5047 5048 5052 5053 5054 5057 5059 5060 5061 5070 5071 Tract: 1608 BG:3 3018 3019 3020 3021 3022 3023 3025 3031 3032 3044 3045 3046 Tract: 1612 BG:2 2027 2032 2033 BG:3 3012 3013 3030 3031 3032 3033

____________GEORGIA LAWS 2003 SESSION__________5017

CERTIFICATION

I, Frank Strickland, do hereby certify that I am the Acting Secretary of the Board of Commissioners of the City of Griffin, Georgia, and in that capacity serve as custodian of public records for said City and its Board of Commissioners. The foregoing is a true and exact copy of Ordinance 03-02, adopted by the Board, by a vote of 7 "Aye" to 0 "Nay", in a regular meeting, held February 11, 2003, the original of which appears in the official Minutes of said meeting. Said Ordinance remains in full force and effect and has not been subsequently amended or repealed. The meeting was duly called and conducted in compliance with the Georgia Open Meetings Law, with a quorum present.

This 21st day of April, 2003.

(Seal)

s/ FRANK STRICKLAND_____ Frank Strickland, Acting Secretary Board of Commissioners City of Griffin, Georgia

AFFIDAVIT OF PUBLICATION

THIS IS TO CERTIFY THAT THE ADVERTISEMENT FOR THE CITY OF GRIFFIN WAS INSERTED IN THE REGULAR EDITION OF THE GRIFFIN DAILY NEWS ON 1-13, 1-19 & 1-26, 03.

SWORN TO AND SUBSCRIBED BEFORE ME THIS 22 DAY OF April, 2002.

s/ JOELLE TAPLEY_____ NOTARY PUBLIC (SEAL)

NOTICE OF PROPOSED HOME RULE ORDINANCE AMENDING THE CHARTER OF THE CITY OF GRIFFIN, GEORGIA TO REAPPORTION ELECTION DISTRICTS; AND FOR OTHER PURPOSES

(1) Notice is hereby given that the Board of Commissioners of the City of Griffin, Georgia proposing enactment of a Home Rule Ordinance, pursuant to O.C.G.A. Section 36-35-3 l(l)(b), amending the Charter of the City for the purpose of incorporating the approval plan reapportioning election districts from which members of the municipal governing authority are elected, based upon publication

5018_______MUNICIPAL HOME RULE ORDINANCES_________
of the United States Decennial Census of 2000. Such ordinance shall conform the Charter to the terms and conditions set forth in the Consent Order, entered December 4, 2001, in GRIFFIN BRANCH, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE v. CITY OF GRIFFIN, GEORGIA, et al., U.S. District Court for the Northern District of Georgia, Newnan Division, Civil Action File No. 3:01 -CV-154-JTC, which was submitted to the U. S. Department of Justice and precleared under Section 5 of The Voting Rights Act of 1975, as amended by letter from the Attorney General, dated January 23, 2002.
Action on the proposed Ordinance is anticipated to occur at two consecutive regular meetings of the Board of Commissioners on Tuesday, January 28, 2003 and Tuesday, February 11, 2003. Both meetings will be held at the City Courtroom, 231 East Solomon Street, Griffin, Georgia 30224, beginning at 6:00 p.m. copies of the proposed ordinance are available for inspection and copying in the City Manager's office, 231 East Solomon St. during regular business hours, and in the office of the Clerk of Superior Court, Spalding County Courthouse, Griffin, Georgia.
A PUBLIC HEARING will precede any action on adoption of the proposed Ordinance on Tuesday, January 28, 2003 at 6:00 p.m. Citizens and interested persons wishing to comment on the ordinance under consideration may participate in this hearing or file written comments with the City Manager at or prior to the hearing. The Commission will place the ordinance on first reading following the hearing.
Any citizen or interested person having questions or requesting additional information concerning this process may contact Ms. Lisa Hutcheson, Director of Planning and Development at (770) 233-4130, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m.
Filed in the Office of the Secretary of State April 24, 2003.
CITY OF THOMASTON - CITY COUNCIL; DISTRICTS.
ORDINANCE NO. 960
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF THOMASTON IN ORDER TO REAPPORTION THE FOUR COUNCIL MEMBER ELECTION DISTRICTS BY STRIKING SECTION 6 OF SAID CHARTER, AND BY INSERTING A NEW SECTION 6 DEFINING AND REALIGNING SAID DISTRICTS TO ACCOUNT FOR ANNEXATIONS AND TO PROPERLY APPORTION SAID DISTRICTS IN ACCORDANCE WITH THE 2000 DECENNIAL CENSUS; TO REPEAL THE PORTIONS OF ALL

____________GEORGIA LAWS 2003 SESSION__________5019
OTHER ACTS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.
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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, et seq.), as amended; and
WHEREAS, the City has determined that it is necessary to amend its Charter pursuant to its home rule powers granted by 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, in order to redefine and reapportion the election districts contained in Section 6 of said Charter;
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 of the City of Thomaston, 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 further amended by striking Section 6 thereof in its entirety, and by adding a new Section 6 thereof to read as follows:
"Sec. 6. Mayor and council members; election.
"The elected officers of said city shall consist of a mayor and five (5) council members.
(a) One of said council members shall be elected from the entire city, at-large, and shall serve as the mayor pro tempore.
(b) One council member shall be elected from each of the following described election districts:
Election District No.l: Beginning at the point of intersection of the centerline of East Main Street (State Route 74) with the centerline of Bell Creek; thence southerly along the centerline of Bell Creek to its intersection with the centerline ofTriune Mill Road; thence easterly along the centerline ofTriune Mill Road to its intersection with an extension northerly ofthe centerline ofGarden Terrace; thence

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southerly along said extension of the centerline of Garden Terrace and continuing thence southerly along the centerline of Garden Terrace to the point of intersection of an extension westerly of the centerline of Franklin Street; thence easterly along the centerline of Franklin Street to its intersection with the original three-quarter mile radius city limit line; thence northeasterly along said original city limit line to its point of intersection with the west side of Tract "A" shown on the plat of record in Plat Book 22, page 14, in the Office of the Clerk of the Superior Court of Upson County, Georgia; thence southerly along the west side of said Tract "A" to the southwest corner thereof; run thence easterly along the south line of Tract "A", Tract "B" and Tract "C" shown on said plat; thence northerly along the east line of said Tract "C" to the northeast comer thereof; thence westerly along the north line of said Tracts "C" and "B" to the east line of said Tract "A"; thence north along the east line of said Tract "A" to the northeast corner thereof; thence west along the north line of said Tract "A" to the original three-quarter mile radius city limit line; thence northeasterly along said original three-quarter mile radius city limit line to the southwest corner of the tract of land shown on plat of record in Plat Book 10, page 10, said Clerk's Office; thence easterly and northerly along the south and east lines of said Tract to the centerline of Triune Mill Road; thence easterly along the centerline of Triune Mill Road to the northwest corner of the tract of land shown on plat of record in Plat Book 5, page 249, said Clerk's Office; thence counter clockwise along the existing city limit line to the centerline of West Main Street (State Route 74); thence westerly along the centerline of West Main Street to its intersection with an extension southerly of the centerline of Avenue L; thence northerly along said extension southerly and along the centerline of Avenue L, and an extension thereof to the centerline of Barnesville Street (State Route 36); thence northeasterly along the centerline of Barnesville Street to its intersection with an extension southeasterly of the centerline of Park Lane; thence northwesterly along the centerline of Park Lane to the centerline of the Norfolk Southern Railroad (Central of Georgia Railroad Company) right-of-way; thence northeasterly along the centerline of said railroad right-of-way to its intersection with an extension southerly of the centerline of Peerless Road; thence northerly along the centerline of Peerless Road to its intersection with the centerline of South Main Street; thence westerly along the centerline of South Main Street and an extension thereof to the centerline of North Bethel Street; thence southerly along the centerline of North Bethel Street to its intersection with an extension easterly of the centerline of Adams Street; thence westerly along said extension, and along the centerline of Adams Street and an extension thereof to the centerline of Short E Street; thence southerly along the centerline of Short E Street and an extension thereof to the centerline of North Church Street (U.S. Highway 19); thence northerly along the centerline of North Church Street to its intersection with the centerline of Goodrich Avenue; thence westerly along the centerline of West Goodrich Avenue to its intersection with an extension northerly of the centerline of Fourth Avenue; thence southwesterly along said extension and the centerline of Fourth Avenue to an extension northeasterly of the centerline of the east branch of L Street; thence

____________GEORGIA LAWS 2003 SESSION__________5021
southwesterly along the centerline of the east branch of L Street to an extension easterly of the centerline of Third Avenue; thence westerly along the centerline of Third Avenue and an extension thereof to its intersection with the centerline of 0 Street; thence northerly along the centerline of O Street and an extension thereof to its intersection with the centerline of Fourth Avenue; thence westerly along the centerline of Fourth Avenue and an extension thereof to its intersection with the centerline of S Street; thence southwesterly along the centerline of S Street and an extension thereof to its intersection with the centerline of Hannahs Mill Road; thence southerly along the centerline of Hannahs Mill Road to the centerline of the Norfolk Southern Railroad (Central of Georgia Railroad Company) right-of-way; thence southeasterly along the centerline of said railroad right-of-way to the centerline of North Center Street; thence southerly along the centerline of North Center Street and South Center Street (U.S. Highway 19) to its intersection with an extension westerly of the centerline of Mallory Street; thence easterly along the centerline of Mallory Street to its intersection with the centerline of South Bethel Street; thence southerly along the centerline of South Bethel Street to its intersection with an extension westerly of the centerline of Alien Street; thence easterly along the centerline of Alien Street and an extension thereof to its intersection with the centerline of East Lee Street; thence northerly along the centerline of East Lee Street to its intersection with an extension southerly of the centerline of Parkway Drive; thence northerly along the centerline of Parkway Drive and an extension thereofto its intersection with the centerline ofEast Gordon Street; thence easterly along the centerline of East Gordon Street to its intersection with an extension southerly of the centerline of the north segment of Parkway Drive; thence northerly along said extension and the centerline of Parkway Drive and an extension thereof to its intersection with the centerline of East Main Street (State Route 74); thence easterly along the centerline of East Main Street (State Route 74) to the centerline of Bell Creek and the POINT OF BEGINNING.
Election District No. 2: Beginning at the point of intersection of the centerline of East Main Street (State Route 74) with an extension southerly of the centerline of Avenue L; thence northerly along the centerline of Avenue L, and an extension thereof to its intersection with the centerline of Barnesville Street (State Route 36); thence northeasterly along the centerline of Barnesville Street to its intersection with an extension southeasterly ofthe centerline ofPark Lane; thence northwesterly along the centerline ofPark Lane to the centerline ofthe Norfolk Southern Railroad (Central Georgia Railroad Company) right-of-way; thence northeasterly along the centerline o f s aid r ailroad r ight-of-way t o i ts i ntersection w ith a n e xtension southerly of the centerline of Peerless Road; thence northerly along the centerline ofPeerless Road to its intersection with the centerline of South Main Street; thence westerly along the centerline of South Main Street and an extension thereof to its intersection with the centerline of North Bethel Street; thence southerly along the centerline ofNorth Bethel Street to its intersection with an extension easterly ofthe centerline ofAdams Street; thence westerly along said extension and the centerline

5022_______MUNICIPAL HOME RULE ORDINANCES________
of Adams Street and an extension thereof to its intersection with the centerline of Short E Street; thence southerly along the centerline of Short E Street and an extension thereofto its intersection with the centerline ofNorth Church Street (U.S. Highway 19); thence northerly along the centerline of North Church Street to its intersection with the centerline of Potato Creek; thence easterly, clockwise, along the existing city limit line ofthe City of Thomaston to its intersection with the north side of East Main Street; thence continuing southerly in a straight line to the centerline of East Main Street; and thence westerly along the centerline of East Main Street to its point of intersection with an extension southerly of the centerline of Avenue L which is the POINT OF BEGINNING.
Election District No.3: Beginning at the point of intersection of the centerlines of Gordon Street and Center Street and run thence northerly along the centerline of Center Street, and North Center Street to the center of line of Norfolk Southern Railroad (Central of Georgia Railroad Company); thence northwesterly along the centerline of said railroad right-of-way to the centerline of Hannah's Mill Road; thence northwesterly along the centerline of Hannah's Mill Road to its intersection with an extension southwesterly of the centerline of S Street; thence northeasterly along said extension, and along the centerline of S Street to its intersection with an extension westerly of the centerline of Fourth Avenue; thence easterly along said extension, and along the centerline of Fourth Avenue to its intersection with the centerline of O Street; thence southerly along the centerline of O Street to its intersection with an extension southwesterly of the centerline of Third Avenue; thence easterly along said extension and along the centerline of Third Avenue, and continuing easterly along an extension of the centerline of Third Avenue to its intersection with the centerline ofL Street; thence northerly and northeasterly along the centerline ofthe east branch ofL Street to its intersection with the centerline of Fourth Avenue; thence northeasterly along the centerline of Fourth Avenue and an extension northeasterly of said centerline to its intersection with the centerline of West Goodrich Avenue; thence easterly along the centerline of West Goodrich Avenue to its intersection with the centerline of North Church Street (US Highway 19); thence northerly along the centerline of North Church Street to its intersection with the centerline ofPotato Creek; thence easterly along the centerline ofPotato Creek to the east right-of-way line ofNorth Church Street; thence counter clockwise northerly, westerly, and southerly along the current city limit line to its intersection with the north right-of-way line of South Green Street (State Route 36) and continuing southerly in a straight line to the centerline of South Green Street; thence easterly along the centerline of South Green Street to its intersection with an extension southeasterly of the centerline of Cherokee Road; thence northerly along the centerline of Cherokee Road to its intersection with the centerline of West Gordon Street; and thence easterly along the centerline of West Gordon Street and Gordon Street to its intersection with the centerline of Center Street, which is the POINT OF BEGINNING.

____________GEORGIA LAWS 2003 SESSION__________5023
Election District No.4: Beginning at the point of intersection of the centerlines of Gordon Street and Center Street and run thence southerly along the centerline of Center Street, and South Center Street to its intersection with an extension westerly of the centerline of Mallory Street; thence easterly along said extension, and along the centerline of Mallory Street to its intersection with the centerline of South Bethel Street; thence southerly along the centerline of South Bethel Street to its intersection with an extension westerly of the centerline of Alien Street; thence easterly along said extension, and along the centerline of Alien Street, and an extension easterly of the centerline of Alien Street to its intersection with the centerline of East Lee Street; thence northerly along the centerline of East Lee Street to its intersection with an extension southerly of the centerline of Parkway Drive; thence northerly along said extension, and along the centerline of Parkway Drive and an extension northerly of said centerline to its intersection with the centerline of East Gordon Street; thence easterly along the centerline of East Gordon Street to its intersection with an extension southerly ofthe centerline ofthe north segment of Parkway Drive; thence northerly along said extension and along the centerline ofParkway Drive and an extension thereofto its intersection with the centerline ofEast Main Street (State Route 74); thence easterly along the centerline of East Main Street (State Route 74) to its intersection with the centerline of Bell Creek; thence southerly along the centerline of Bell Creek to the centerline of Triune Mill Road; thence easterly along the centerline of Triune Mill Road to its intersection with an extension northerly ofthe centerline ofGarden Terrace; thence southerly along said extension and along the centerline of Garden Terrace to its intersection with an extension westerly of the centerline of Franklin Street; thence easterly along the centerline of Franklin Street to the point where the existing city limit line turns south; thence clockwise southerly, westerly and easterly along the existing city limit line to the southwest corner of Tract "A" shown on the plat of record in Plat Book 11, page 149, in the Office of the Clerk of the Superior Court ofUpson County, Georgia, (which point lies on the north side of South Green Street (State Route 36 directly north ofthe intersection ofGoshen Road); thence due south to the centerline of South Green Street; thence easterly along the centerline of South Green Street to its intersection with an extension southeasterly of the centerline of Cherokee Road; thence northerly along the centerline of Cherokee Road to its intersection with the centerline of West Gordon Street; and thence easterly along the centerline of West Gordon Street and Gordon Street to its intersection with the centerline of Center Street, which is the POINT OF BEGINNING.
(c) Only the electors resident in a district shall have the right to vote in the election for the council member from that district, and all ofthe electors ofsaid city shall have the right to vote on the Mayor, and the council member at-large.
(d) At the municipal election to be held in 2003, there shall be elected a mayor, to serve for a term of four (4) years. Thereafter, successors to the office of mayor shall be elected at the regular municipal election which is held immediately

5024_______MUNICIPAL HOME RULE ORDINANCES________
preceding the expiration of the term of office and shall serve for a term of four (4) years. There shall also be elected at said 2003 election two (2) council members, one of whom shall be elected from Election District 1 to serve for a term of four (4) years and one of whom shall be elected from Election District 2 for a term of four (4) years. Thereafter, successors to the members of the council elected from Election Districts 1 and 2 shall be elected at the regular municipal election which is held immediately preceding the expiration of the terms of office and shall serve for terms of four (4) years.
(e) At the municipal election to be held in 2005, there shall be elected three (3) council members, one of whom shall be elected from Election District 3 for a term of four (4) years, one of whom shall be elected from Election District 4 to serve for a term of four (4) years, and the third of whom shall be elected at-large to serve for a term of four (4) years. Thereafter, successors to the members of the council elected from Election Districts 3 and 4 and from the city at-large shall be elected at the regular municipal election which is held immediately preceding the expiration of the terms of office and shall serve for terms of four (4) years.
SECTION 2.
All portions of the Charter or amendments thereto and the portion of any ordinance or City Code Section 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 hereof that all other provisions not so declared void shall remain in full force and effect.
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This ordinance was introduced, read and adopted at a regular lawful meeting of the Council of the City of Thomaston held on April 1, 2003, and read the second time, passed, and adopted for the second and final time in like meeting held on April 15, 2003, and transmitted by me to the Mayor for his approval, on this 15th day of April, 2003.
s/ DENNIS TRUITT_________________ CITY CLERK, CITY OF THOMASTON, GEORGIA

____________GEORGIA LAWS 2003 SESSION__________5025

Approved by me and returned as "approved" to said City Council, in open meeting, this 15th day of April, 2003.

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 April 1, 2003, and April 15, 2003, which was held in compliance with Official Code of Georgia Annotated Section 50-14-1, which meetings were 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 15th day of April, 2003.

[SEAL]

s/ DENNIS TRUITT Dennis Truitt, Clerk

STATE OF GEORGIA COUNTY OF UPSON

Personally appeared before the undersigned attesting officer, KATHY MATTHEWS, who, on oath deposes and says that she is the publisher of the newspaper known as The Thomaston Times, and that The Thomaston Times published on Wednesday of each week is the newspaper in which Sheriffs advertisements for Upson County are published. Further deposing, she says that as publisher of that 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 ofthe City ofThomaston, Georgia, was published in The Thomaston Times on March 26, April 2 and on April 9, 2003.

This 15th day of April, 2003.

s/ KATHY MATTHEWS______ Publisher, The Thomaston Times

5026_______MUNICIPAL HOME RULE ORDINANCES_________
Sworn to and subscribed before me this 18th day of April, 2003.
s/ DEBRA ANN MARAMAN Notary Public, Upson County, Georgia My Commission Expires 11/02/04.
NOTICE OF INTENTION TO AMEND THE CHARTER OF THE CITY OF THOMASTON, GEORGIA, BY ORDINANCE PURSUANT TO
THE PROVISIONS OF THE ACT OF THE GENERAL ASSEMBLY KNOWN AS "THE MUNICIPAL
HOME RULE ACT OF 1965"
THOMASTON, GEORGIA UPSON COUNTY
Notice is hereby given that an ordinance will be introduced on April 1, 2003, and read for final adoption on the 15th day of April 2003, 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, to realign and reapportion the council member election districts to account for annexations and properly apportion said districts in accordance with the 2000 decennial census.
A copy of said proposed Ordinance to amend the Charter of the City of Thomaston, Georgia, is 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.
Filed in the Office of the Secretary of State April 30, 2003.