LOCAL AND SPECIAL ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
2004
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume Two Book One

COMPILER'S NOTE
General Acts and Resolutions of the 2004 session of the General Assembly of Georgia will be found in Volume I beginning at page l. 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 May l, 2003, and April30, 2004, are printed in Volume II beginning at pages 4545 and 4681, respectively. The charter of the Cusseta-Chattahoochee County consolidated government is printed in Volume II beginning at page 4811.
There are no numbered pages between page 1112, 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 IlL Indexes cover material in both Volumes I and IL 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 ofthe 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 2004
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application ......................... .
VOLUME TWO
Acts and Resolutions of Local Application . . . . . . . . . . . . . . . . . . . . . . . . 350 I County and Consolidated Government Home Rule Actions . . . . . . . . . . . 4545 Municipal Home Rule Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4681 Cusseta-Chattahoochee County Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . 4811
VOLUME THREE
Acts by Numbers-Page References ................................ 1A Bills and Resolutions-Act Number References ....................... 5A Index-Tabular ................................................ lOA Index-General ................................................ 41A Population of Georgia Counties-Alphabetically ..................... 115A Population of Georgia Counties-Numerically . . . . . . . . . . . . . . . . . . . . . . 122A Population of Municipalities-Alphabetically ....................... 127A Population of Municipalities-Numerically ......................... 134A Population ofJudicial Circuits .................................. 141A Georgia Senate Districts, Alphabetically by County ................. 145A Georgia Senators, Numerically by District . . . . . . . . . . . . . . . . . . . . . . . . . 147A Georgia House Districts, Alphabetically by County .................. 150A Georgia Representatives, Numerically by District ................... 152A Status of Referendum Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161A Vetoes by the Governor ....................................... 320A State Auditor's Report on Funding of Retirement Bills . . . . . . . . . . . . . . . 333A

GEORGIA LAWS 2004 SESSION

3501

IRWIN COUNTY- BOARD OF COMMISSIONERS; DISTRICTS.

No. 427 (House Bill No. 1021 ).

AN ACT

To amend an Act creating the board of commissioners oflrwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3869), so as to change the description of the commissioner districts; to provide for submission and an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the board of commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3869), is amended by striking subsections (d) and (e) thereof and inserting in their place the following:
'(d) For purposes of electing members of the board other than the chairperson, Irwin County is divided into four commissioner districts and those districts shall be and correspond to those four districts described in and attached to this Act and made a part hereof and further identified as Plan Name: irwincc3 Plan Type: Local User: linda Administrator: Irwin.
(e){l) 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 Irwin 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 Irwin County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of2000 for the State 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 of2000 for the State of Georgia.

3502 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) Commissioner Districts 1, 2, 3, and 4, as they existed on January 1, 2004, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under subsection (d) ofthis section, 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 so newly described."
SECTION 2. The governing authority of Irwin 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 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
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.
Plan Name: irwincc3 Plan Type: Local User: linda Administrator: Irwin
Redistricting Plan Components Report
District 00 1 Irwin County
Tract: 9501 Tract: 9502 BG:4 4039 4104 4105 4108 4109 4110 4111 4112 4113 4114 4115 4116 4173 4174 4175 4176 4177 4993
District 002 Irwin County
Tract: 9502 BG: 1 108211041105110611071108 11101111 111211141997 BG:3 3001 3002 3003 3004 3010 3011 3012 3015 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3055 3056 3057 3058 3059 3060

GEORGIA LAWS 2004 SESSION

3503

BG:4 4068 4069 4070 4074 4075 4076 4077 4078 4098 4100 4101 4102 4103 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 41314132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154 4155 4156 4157 4158 4159 4160 4161 4162 4163 4164 4165 4166 4167 4168 4169 4170 4171 4172 4994
BG:5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089 5090 5091 5092 5093 5094 5095 5096 5097 5098 5099 5100 510 I 5102 5103 5104 5105 5106 5107 5108 5109 5110 5111 5112 5113 5114 5115 5116 5117 5118 5119 5120 51215122 5123 5124 5125 5126 5127 5128 5129 5130 5131 5132 5133 5134 5135 5136 5137 5138 5139 5140 5141 5142 5143 5144 5145 5146 5147 5148 5149 5150 5151 5152 5153 5154 5155 5156 5157 5158 5159 5160 5161 5162 5163 5164 5165 5166 5167 5168 5169 5170 5171 5172 5173 5174 5175 5176 5975 5976 5977 5978 5979 5980 5981 5982 5983 5984 5985 5986 5987 5988 5989 5990 5991 5992 5993 5994 5995 5996 5997 5998 5999 BG:6 6149 6150 6160 6161 6162 6163 6164

District 003 Irwin County
Tract: 9502 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1021 1034 1035 1036 1037 1038 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 1998 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 201220132014201520162017201820192020202120222023 2024 2025 2026 2027 2029 BG: 3 3000 3005 3006 3007 3008 3009 3013 3014 3016 3017 3018 3019 3020 3021 3022 3034

3504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BG:4 4000 400 1 4002 4003 4004 4005 4006 4007 4008 4009 40 10 40 11 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 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 4071 4072 4073 4079 4080 408140824083408440854086408740884089409040914092 4093 4094 4095 4096 4097 4099 4106 4107 4178 4179 4180 4181 4182 4183 4184 4185 4995 4996 4997 4998 4999
District 004 Irwin County
Tract: 9502 BG: 1 1000 1001 1002 1003 1004 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1039 1040 1074 1075 1076 1077 1078 1079 1080 1081 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 11021103 110911131999 BG: 2 2028 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 BG: 3 3035 3036 3037 3038 3051 3052 3053 3054 BG: 5 5015 5016 5017 5030 5031 5032 5033 5034 5035 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064 6065 6066 6067 6068 6069 6070 6071 6072 6073 6074 6075 6076 6077 6078 6079 6080 6081 6082 6083 6084 6085 6086 6087 6088 6089 6090 6091 6092 6093 6094 6095 6096 6097 6098 6099 6100 6101 6102 6103 6104 6105 6106 6107 6108 6109 6110 6111 6112 6113 6114 6115 6116 6117 6118 6119 6120 6121 6122 6123 6124 6125 6126 6127 6128 6129 6130 6131 6132 6133 6134 6135 6136 6137 6138 6139 6140 6141 6142 6143 6144 6145 6146 6147 6148 6151 6152 6153 6154 6155 6156 6157 6158 6159 6986 6987 6988 6989 6990 6991 6992 6993 6994 6995 6996 6997 6998 6999

GEORGIA LAWS 2004 SESSION

3505

NOTICE OF INTENT 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 an act creating the Board of Commissioners oflrwin County, Georgia, Georgia Laws 1977 p. 571, as amended at Georgia Laws 1988 Session p. 3869, to change each of the four commissioner districts' boundary lines.

This the 1Oth day of April, 2003.

Warren L. Mixon County Attorney

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Roberts, who on oath deposes and says that he is the Representative from District 131 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Ocilla Star which is the official organ oflrwin County on April 16, 2003, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAY ROBERTS Jay Roberts Representative, District 131

Sworn to and subscribed before me, this 22nd day of April, 2003

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

Approved February 10,2004.

3506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
JOHNSON COUNTY- BOARD OF EDUCATION; DISTRICTS.
No. 428 (House Bill No. 1121).
AN ACT
To provide for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected; to provide for intent, history, procedures, terms, and other matters relative to the foregoing; to provide for submission under the federal Voting Rights Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. It is the purpose of this Act to reapportion the districts from which members of the board of education of Johnson 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 ofthe board, their terms ofoffice, or the manner in which their successors shall be elected, and such matters shall remain as provided by law immediately prior to this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members.
SECTION2. As an aid to the interpretatlon of this Act and the research of the laws relating to the board of education of Johnson County, it should be noted that the membership of the board of education was last reconstituted pursuant to an order of the United States District Court for the Southern District of Georgia, Dublin Division, entered on September 16, 1992, in Civil Action File No. CV 392-026.
SECTION 3. (a) Those members of the board of education of Johnson County who are serving as such immediately prior to the effective date of this Act shall continue to serve as such members until the regular expiration of their respective terms ofoffice and the election and qualification of their respective successors. Future members of the board shall be elected as described in subsection (b) of this section. (b) For purposes of electing members of the board of education, Johnson County is divided into five education districts. One member of the board shall be elected from each such district. The five education districts shall be and correspond to those five numbered districts described in the Redistricting Plan Components Report attached to and made a part of this Act and further identified as Plan Name: johnson3 Plan Type: Local User: staff Administrator: Johnson Co.

GEORGIA LAWS 2004 SESSION

3507

(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 Johnson 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 pop~lation according to the United States decennial census of2000 for the State of Georgia. Any part of Johnson County which is described in that attachment as being in a particular district shall nevertheless not be included within such district ifsuch part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of2000 for the State of Georgia.

SECTION 4. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to any general law applicable to that office. (b) 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 ofthat education 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 an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected or appointed as a member of the board from an education district must attain residency in the district the person seeks to represent at least by the time the person qualifies as a candidate for the position and must continue to reside in that district during that person s term of office or that office shall become vacant.

SECTION 5. All successors to members of the board 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 ofJanuary immediately following that election, and serve for terms of office of four years and until their respective successors are elected and qualified. In accordance with the existing schedule of terms, members of the board shall be elected in 2004 and quadrennially thereafter to represent Districts 1, 3, and 5; and members of the board shall be elected in 2006 and quadrennially thereafter to represent Districts 2 and 4.

3508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION6. 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.'
SECTION7. The board ofeducation ofJohnson 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 20 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 8. 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.
Plan Name: johnson3 Plan Type: Local User: staff Administrator: Johnson Co.
Redistricting Plan Components Report
District 00 1 Johnson County - Tract: 9802
BG: 1 1058 1060 1061 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 BG: 2 20272028202920302031203220472048 BG: 3 300030013002301430203021302930303031303230333034 3039 3040 3041 3042 3043 3044 3054 3055 3056 3057 3058 3059 306030613062306330643065306630673068306930703071 3072 3999 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 405040524053405440554056405740584059406640674068 4069 4077 4992 4993 4994 4995 4997 4999

GEORGIA LAWS 2004 SESSION
District 002 Johnson County
Tract: 9802 BG: 1 1018 1023 1025 1026 1027 1028 1029 BG: 2 2000 2001 2002 2003 2004 2005 2006 2011 20 12 2013 2014 2015 201620172018201920202021202220232025202620332034 2035 2038 2039 2043 2044 2046 BG: 3 3003 3004 3006 3009 3010 3011 3012 3013 3015 3016 3017 3018 301930223023302430253027302830353036303730383045 3046 3047 3048 3049 3050 3051 3052 3053 BG:4 4029 4030 Tract: 9803 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1052 1069 1074 1075 1999
District 003 Johnson County
Tract: 9802 BG: 2 2007 2008 2009 2010 2024 2036 2037 2040 2041 2042 2045 2998 2999 BG: 3 300530073008302630733074 Tract: 9803 BG: 1 1016 1017 1018 1019 1020 1036 1037 1038 1039 1040 1051 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1070 1071 1072 1073 1996 1997 1998 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 2032 2033 2034 2035 2036 2037 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2065 2067 2068 2069 2070 2999

3509

3510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 004 Johnson County
Tract: 9801 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 302430253026302730283029303030313032303330343035 303630373038303930403041304230433044304530463047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 306030613062306330643065306630673068306930703071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 308430853086308730883089309030913092309330943095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3152 3153 3154 3155 3156 3157 3158 3159 3160 3161 3162 3163 3164 3165 3166 3167 3168 3169 3170 3171 3172 3173 3174 3175 3177 3178 3179 3180 3200 3201 3202 3203 3204 3205 3206 3207 3208 3209 3210 3211 3212 3213 3214 3215 3216 3217 3218 3219 3220 3221 3222 3987 3989 3990 3991 3992 3993 3994 3995 3996 3997 3998 3999 Tract: 9802 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1024 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 1059 1062 1063 1064 1065 1066 1067 1068 1069 107010711072107310741075107610771078107910801081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1997 1998 1999 BG:4 4051 4078 4998
District 005 Johnson County
Tract: 9801 BG: 1 BG:2 BG: 3 3176 3181 3182 3183 3184 3185 3186 3187 3188 3189 3190 3191 3192 3193 3194 3195 3196 3197 3198 3199 3988 Tract: 9802

GEORGIA LAWS 2004 SESSION

3511

BG:4 4060 4061 4062 4063 4064 4065 4070 4071 4072 4073 4074 4075 4076 4996 Tract: 9803 BG: 2 2000 2038 2056 2057 2058 2059 2060 2061 2062 2063 2064 2066 2071 2072 2073

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 reapportionment of County Commissioner and School Board district. The reapportionment is based on the 2000 Census and does achieve the required population deviation between districts. The proposed election map is one file in the office ofthe County Commissioners. Published by the Board of Commissioners for Johnson County.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry J. Parrish, who on oath deposes and says that he is 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 December 9, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LARRY J. PARRISH Larry J. Parrish Representative, District 102
Sworn to and subscribed before me, this 12th day of January, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved March 1, 2004.

3512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
JOHNSON COUNTY- BOARD OF COMMISSIONERS; DISTRICTS.
No. 429 (House Bill No. 1120).
AN ACT
To amend an Act relating to the board of commissioners of Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4677), so as to provide for reapportionment or redistricting of the districts from and by which members of the board of commissioners are elected; to revise and modernize certain existing provisions of law; to provide for intent, history, procedures, terms, and other matters relative to the foregoing; to provide for submission under the federal Voting Rights Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. It is the purpose of this Act to reapportion the districts from which members of the board of commissioners of Johnson 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 ofthe board, their terms ofoffice, or the manner in which their successors shall be elected, and such matters shall remain as provided by law immediately prior to this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members.
SECTION 2. As an aid to the interpretation of this Act and the research ofthe laws relating to the board ofcommissioners ofJohnson County, it should be noted that the membership of the board of commissioners was last reconstituted pursuant to an order of the United States District Court for the Southern District of Georgia, Dublin Division, entered on September 16, 1992, in Civil Action File No. CV 392-026.
SECTION3. An Act relating to board ofcommissioners ofJohnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4677), is amended by striking Sections 1, 2, 3, 4, 5, 5.1, and 6 and inserting in place thereof the following:

GEORGIA LAWS 2004 SESSION

3513

'SECTION 1. The existing board ofcommissioners ofJohnson County is continued in existence but shall be constituted in the future as provided in Sections 1 through 6 of this Act.

SECTION 2. As used in this Act, the term 'board,' means the board of commissioners of Johnson County, including the chairperson and all members.

SECTION 3. (a} Those members of the board of commissioners of Johnson County who are serving as such immediately prior to the effective date of this section shall continue to serve as such members until the regular expiration oftheir respective terms of office and the election and qualification of their respective successors. On and after January 1, 2005, the board of commissioners of Johnson County shall consist of five members who shall be elected as described in subsection (b) of this section. (b) For purposes of electing members of the board of commissioners, Johnson County is divided into five commissioner districts. One member of the board shall be elected from each such district. The five commissioner districts shall be and correspond to those five numbered districts described in the Redistricting Plan Components Report attached to and made a part of this Act and further identified as Plan Name: johnson3 Plan Type: Local User: staff Administrator: Johnson 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 of2000 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 Johnson 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 Johnson 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.

3514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 as a member ofthe board from a commissioner district, a person must receive the number ofvotes cast as required by general law for that office in that district only. 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 attain residency in the district the person seeks to represent at least by the time the person qualifies as a candidate for the position and must continue to reside in that district during that person s term of office or that office shall become vacant.
SECTION 5. Members ofthe board representing Commission Districts I 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 qualified. Members of the board 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 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 6. All members ofthe board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code."
SECTION 4. The governing authority of Johnson 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 20 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION6. All laws and parts of laws in conflict with this Act are repealed.

Plan Name: johnson3 Plan Type: Local User: staff Administrator: Johnson Co.

Redistricting Plan Components Report

District 00 1 Johnson County
Tract: 9802 BG: 1 1058 1060 1061 1094 1095 1096 1097 1098 1099 1100 1101 1102 110311041105 BG:2 2027 2028 2029 2030 2031 2032 2047 2048 BG: 3 3000 3001 3002 3014 3020 3021 3029 3030 3031 3032 3033 3034 3039 3040 3041 3042 3043 3044 3054 3055 3056 3057 3058 3059 306030613062306330643065306630673068306930703071 3072 3999 BG:4 4000 400 l 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 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4052 4053 4054 4055 4056 4057 4058 4059 4066 4067 4068 4069 4077 4992 4993 4994 4995 4997 4999

District 002 Johnson County
Tract: 9802 BG: 1 1018 1023 1025 1026 1027 1028 1029 BG:2 2000 2001 2002 2003 2004 2005 2006 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2025 2026 2033 2034 2035 2038 2039 2043 2044 2046 BG:3 3003 3004 3006 3009 3010 3011 3012 3013 3015 3016 3017 3018 3019 3022 3023 3024 3025 3027 3028 3035 3036 3037 3038 3045

3516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
3046 3047 3048 3049 3050 3051 3052 3053 BG:4 4029 4030 Tract: 9803 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1052 1069 1074 1075 1999
District 003 Johnson County
Tract: 9802 BG: 2 2007 2008 2009 2010 2024 2036 2037 2040 2041 2042 2045 2998 2999 BG: 3 300530073008302630733074 Tract: 9803 BG: 1 101610171018 10191020103610371038103910401051 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1070 I071 1072 1073 1996 1997 1998 BG: 2 200 1 2002 2003 2004 2005 2006 2007 2008 2009 20 I0 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 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2065 2067 2068 2069 2070 2999
District 004 Johnson County
Tract: 9801 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 303630373038303930403041304230433044304530463047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 31013102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119

GEORGIA LAWS 2004 SESSION
3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 3149 3150 31513152 3153 3154 3155 3156 3157 3158 3159 3160 3161 3162 3163 3164 3165 3166 3167 3168 3169 3170 31713172 3173 3174 3175 3177 3178 3179 3180 3200 3201 3202 3203 3204 3205 3206 3207 3208 3209 3210 3211 3212 3213 3214 3215 3216 3217 3218 3219 3220 3221 3222 3987 39893990399139923993399439953996399739983999 Tract: 9802 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1024 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 1059 1062 1063 1064 1065 1066 1067 1068 1069 107010711072107310741075107610771078107910801081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1997 1998 1999 BG:4 4051 4078 4998
District 005 Johnson County
Tract: 9801 BG: 1 BG:2 BG: 3 3176 3181 3182 3183 3184 3185 3186 3187 3188 3189 3190 3191 3192 3193 3194 3195 3196 3197 3198 3199 3988 Tract: 9802 BG:4 4060 4061 4062 4063 4064 4065 4070 4071 4072 4073 4074 4075 4076 4996 Tract: 9803 BG:2 200020382056205720582059206020612062206320642066 2071 2072 2073

3517

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 reapportionment of County Commissioner and School Board district. The

3518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
reapportionment is based on the 2000 Census and does achieve the required population deviation between districts. The proposed election map is one file in the office ofthe County Commissioners. Published by the Board ofCommissioners for Johnson County.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry J. Parrish, who on oath deposes and says that he is 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 December 9, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LARRY J. PARRISH Larry J. Parrish Representative, District 102
Sworn to and subscribed before me, this 12th day of January, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved March 1, 2004.
WARE COUNTY- BOARD OF ELECTIONS; CREATION.
No. 432 (House Bill No. 1721 ).
AN ACT
To create a board of elections for Ware County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers ofpowers 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 and

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compensation; to provide for the board's performance of certain functions and duties for certain municipalities; 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. Pursuantto subsection (a) ofCode Section 21-2-40 ofthe 0,C.G.A, there is created the Board ofElections ofWare County, hereinafter referred to as "the board." The board shall have the powers and duties ofthe former superintendent ofelections of Ware County relating to the conduct of primaries and elections,

SECTION2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meaning as set forth in Chapter 2 ofTitle 21 of the O.CG.A, the "Georgia Election Code," unless otherwise clearly apparent from the text ofthis Act, and the term "commissioners" means the Board of Commissioners of Ware County and "county" means Ware County,

SECTION3. (a) The board shall be composed of five members, each of whom shall be an elector and resident of the county and who shall be appointed as provided in this section. (b) Two members of the board shall be appointed by the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Two members ofthe board shall be appointed by the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Each of these respective members appointed by political parties shall be nominated by the party chairperson and ratified by the county executive committee of the respective political party at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office. In the event that a political party entitled to appoint a member of the board does not have a county executive committee, such appointment shall be made by the state executive committee of such political party. (c) The fifth member shall be selected by the four members of the board appointed by the political parties and shall serve as chairperson. In the event that the four members appointed by the political parties cannot agree on a fifth member, such members shall submit to the chiefjudge of the Superior Court ofWare County a list of not more than four names of persons eligible for such position and the chief judge shall select the fifth member from such list based upon the information and qualifications of each candidate submitted by the four members appointed by the political parties.

3520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) All appointments to the board shall be promptly certified to the clerk of the Superior Court of Ware County. (e) In making the initial appointments to the board, the four members appointed by the political parties shall be selected by political parties not later than June 1, 2004. Each political party shall designate one of its appointees to serve a term beginning on July 1, 2004, and ending on June 30, 2005, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning July 1, 2005, and until their successors are duly appointed and qualified. The other appointees ofeach political party shall serve terms beginning on July 1, 2004, and ending on June 30,2007, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning July 1, 2007, and until their successors are duly appointed and qualified. (t) The fifth member shall be selected by the four members appointed by the parties no later than ten days after such four members take office and such fifth member shall serve from the date of his or her appointment until June 30, 2007, and until his or her successor is duly appointed and qualified. Successors shall be appointed in the same manner as the initial appointment for a term of office of four years and until a successor is duly appointed and qualified.
SECTION 4. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member s qualifying as a candidate for elective public office.
SECTIONS. The appointing authorities shall certify the appointment of each member by filing an affidavit with the clerk of the superior court no later than 15 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each ofsuch certifications on the minutes ofthe superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.
SECTION 6. Each member ofthe board shall be eligible to serve successive terms, shall have the right to resign at any time by giving written notice of such resignation to the appointing body and to the clerk of the superior court, and shall be subject to removal from the board by the appointing body at any time, for cause, after notice and hearing.

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SECTION?. 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 shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.

SECTION 8. Before entering upon the member's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

SECTION9. (a) The board shall be authorized to organize itself, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party. (b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular meetings and shall meet not fewer than three times per year. Any specially called meeting shall be called by the chairperson or any three members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.

SECTION 10. The board shall have the authority to contract with any municipality located within Ware County for the holding by the board of any primary or election to be conducted within such municipality.

SECTION 11. The board shall be authorized to appoint an elections supervisor who shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The election supervisor shall not be a member of the board.

3522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 12. Compensation for the members ofthe board, election supervisor, clerical assistants, and other employees shall be fixed by the Board of Commissioners of Ware County. Such compensation shall be paid wholly from county funds.
SECTION 13. The Board of Commissioners of Ware County shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the Board of Commissioners of Ware County deems appropriate.
SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on July 1, 2004. Upon this Act becoming fully effective, the superintendent of elections of Ware County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties.
SECTION 15. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation
Notice is given that there will be introduced at the regular 2004 session of the General Assembly ofGeorgia a bill to create a board of elections for Ware County and to 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 qualifications, terms, and removal ofmembers; to provide for oaths and privileges; to provide for meeting 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 and compensation; and to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Boggs, who on oath deposes and says that he is the Representative from District 145 and further deposes and says that the attached

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Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County on February 28, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MIKE BOGGS Mike Boggs Representative, District 145

Sworn to and subscribed before me, this 4th day of March, 2004.

s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)

Approved AprilS, 2004.

COOK COUNTY- BOARD OF COMMISSIONERS; TERMS OF OFFICE.
No. 433 (Senate Bill No. 389).
AN ACT
To amend an Act creating a board of commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5029), so as to provide for staggered terms ofoffice for members ofthe board ofcommissioners; to provide for transition terms of office; to provide for related matters; to provide for the submission of this Act for preclearance; 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 Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5029), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
HSECTION 2. (a) The members of the board ofcommissioners who were elected at the general election in November 2000 shall continue in office for the terms to which they

3524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
were elected and until successors are elected and qualified as provided in this Act. (b) The members of the board of commissioners of Cook County from Commissioner Districts 1 and 5 shall be elected at the state-wide general election in 2004. Such members shall take office on January 1 following their election for terms of two years and until their successors are elected and qualified. Successors to such members shall be elected at the state-wide general election in 2006. Such members shall take office on January I following their election for terms of four years and until their successors are elected and qualified. (c) The members of the board of commissioners of Cook County from Commissioner Districts 2, 3, and 4 shall be elected at the state-wide general election in 2004. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (d) Successors to members elected under subsections (b) and (c) of this section shall be elected at the state-wide general election next preceding the expiration ofsuch terms of office and shall take office on January I following their election for terms of four years and until their successors are elected and qualified."
SECTION 2. It shall be the duty of the attorney for the governing authority of Cook County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
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 creating a board of commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5029), so as to provide for staggered terms of office for members of the board of commissioners; to provide for transition terms of office; to provide for related matters; to provide for submission ofthis Act for preclearance; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Peg Blitch, who on oath deposes and says that she is the Senator from District 7 and further deposes and says that the attached Notice of Intention

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to Introduce Local Legislation was published in the Adel News Tribune which is the official organ of Cook County on April 9, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ PEG BLITCH Peg Blitch Senator, District 7

Sworn to and subscribed before me, this lOth day of April, 2003.

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

Approved April 6, 2004.

BUTTS COUNTY- BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 434 (House Bill No. 1164).
AN ACT
To create a board of elections and registration for Butts County and provide for its powers and duties; to provide for the composition of the board and the method of appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the board's organization, powers, and duties; to provide for the chairperson and the powers and duties of such chairperson; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the chairperson and members of the board; to provide for offices and equipment; to provide for the meaning of certain terms; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. Pursuant to subsection (b) ofCode Section 21-2-40 ofthe O.C.G.A., there is created the Butts County Board of Elections and Registration. The board shall have the powers and duties of the election superintendent of Butts County relating to the conduct of primaries and elections and shall have the powers and duties of the board ofregistrars ofButts County relating to the registration ofvoters and absentee balloting procedures.
SECTION2. (a) The board shall be composed of five members, each of whom shall be an elector and resident of Butts County. All members of the board shall be appointed by the Board of Commissioners of Butts County. The Butts County Board of Elections and Registration shall select a chairperson from among its members. (b) The initial terms of office of three members shall begin on the first day of the month following the month in which this Act is approved by the Governor or in which it becomes law without such approval and shall expire December 31, 2004, and upon the appointment and qualification of their respective successors. The initial terms of office ofthe remaining members of the board shall begin on the first day of the month following the month in which this Act is approved by the Governor or in which it becomes law without such approval and shall expire December 31,2006, and upon the appointment and qualification oftheir respective successors. Successors to members ofthe board whose terms of office are to expire shall be appointed to take office on the first day of January immediately following the expiration of such terms of office and shall serve for terms of four years each and until their successors are duly appointed and qualified. (c) No person who holds public office, whether elective or appointive, shall be eligible to serve as a member during the term ofsuch office, and the position of any member shall be deemed vacant upon such member s qualifying as a candidate for elective public office or appointment to public office.
SECTION3. (a) The appointment of each member of the board shall be made by the governing authority's filing with the clerk of the Superior Court of Butts 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. In addition, upon the board selecting a chairperson, the board shall file an affidavit with the clerk of the Superior Court of Butts County specifying the name of the person so selected as chairperson. The clerk of the Superior Court of Butts County shall record each such certification on the minutes ofthe 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. (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

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within 30 days after the creation of a vacancy in that office, the chief judge of the Superior Court of Butts County shall immediately fill that vacancy by making the appointment thereto and shall certify it as provided in this section. Any person appointed to fill a vacancy shall serve out the unexpired term of office.

SECTION 4. Each member of the board shall be eligible to succeed himself or herself without limitation and shall have the right to resign at any time by giving written notice of his or her resignation to the governing authority and to the clerk of the Superior Court of Butts County. Each member shall be subject to removal from the board by the governing authority of Butts County at any time for cause after notice and hearing.

SECTION 5. Except as provided in subsection (b) of Section 3 of this Act, in the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, except by expiration of term, the governing authority shall appoint a successor for the remainder of the unexpired term. The clerk of the Superior Court of Butts County 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 county registrars. Each member of the board shall have the same privileges from arrest as registrars.

SECTION?. On the first day of the month following the month in which this Act is approved by the Governor or in which it becomes law without such approval, the .election superintendent of Butts County and the board of registrars of Butts 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 registrars and the office of chief registrar of Butts 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.

3528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 Butts County courthouse. Any specially called meeting, held pursuant to the bylaws adopted by the board, shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information. All meetings of the board, without limitation, shall be open to the public. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written records shall be made available for the public to review.
SECTION 10. The chairperson of the board shall administer and supervise the conduct of elections, primaries, and registration of electors for the county.
SECTION 11. With the consent of the governing authority of Butts County, the board shall be authorized to employ such full-time and part-time employees as deemed necessary for the efficient conduct of elections, primaries, and registration of electors for the county.
SECTION 12. With the consent of the governing authority of Butts County, the board of elections and registration shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.
SECTION 13. Compensation for the members of the board, employees of the board, and the chairperson of the board shall be recommended by the board to the governing authority of Butts County and shall be subject to the approval of the governing authority. Such compensation shall be paid from county funds.
SECTION 14. The governing authority of Butts County shall provide the board and the elections supervisor with proper and suitable offices and equipment. The office ofthe board

GEORGIA LAWS 2004 SESSION

3529

shall maintain an office open to the public during normal hours for five days a week.

SECTION 15. The board is authorized to perform for any municipality located wholly or partially within Butts County any functions and duties which election superintendents and boards of registrars are authorized by general law to perform on behalf of municipalities under such conditions as provided by general law.

SECTION 16. The words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meanings ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act. The term "board" shall mean the Butts County Board of Elections and Registration created by this Act and the term "governing authority" shall mean the governing authority of Butts County.

SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to create a board of elections and registration for Butts County and provide for its powers and duties; to provide for the composition of the board and the method of appointment, qualification, and terms ofits members; to provide for resignation, succession, and removal ofmembers and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the board's organization, powers, and duties; to provide for the chairperson and the powers and duties ofsuch chairperson; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the chairperson and members of the board; to provide for offices and equipment; to provide for the meaning of certain terms; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

3530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 22 day of December, 2003.
Representative John Lunsford 85th District, Post 2
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 Jackson Progress-Argus which is the official organ of Butts County on December 31, 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 13th day of January, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved April6, 2004.
DADE COUNTY- BOARD OF EDUCATION; DISTRICTS.
No. 435 (Senate Bill No. 547)
AN ACT
To amend an Act to provide for the election of members to the Dade County board of education, approved February 6, 1984 (Ga. L. 1984, p. 3575), as amended, 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 an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2004 SESSION

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide for the election of members to the Dade County board of education, approved February 6, 1984 (Ga. L. 1984, p. 3575), as amended, is amended by striking._Section I of the Act and inserting in lieu thereofa new Section 1 to read as follows:
'Section I. (a) The board of education of Dade County shall be composed of five members to be elected as provided in this Act. For the purpose of electing members of the board of education, Dade County shall be divided into five education districts. Education Districts I through 4 shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: dadeccp 1 Plan Type: Local User: Shantee Administrator: Dade Co. Education District 5 shall be composed ofthe entire Dade County school district. (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 of2000 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 Dade County 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 Dade 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 which contains the least population according to the United States decennial census of2000 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia."

SECTION 2. Said Act is further amended by striking Section 4 of the Act and inserting in lieu thereof a new Section 4 to read as follows:
'Section 4. (a) 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. The members of the board ofeducation who were elected at the general election in November 2000 shall continue in office for the terms to which they

3532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
were elected and until successors are elected and qualified as provided in this Act. (b) Successors to the members of the board of education of Dade County from Education Districts 3, 4, and 5 shall be elected at the state-wide general election in 2004. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (c) Successors to the members of the board of education of Dade County from Education Districts 1 and 2 shall be elected at the state-wide general election 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. (d) Successors to members elected under subsections (b) and (c) of this section shall be elected at the state-wide general election next preceding the expiration of such terms ofoffice and shall take office on January 1following their election for terms of four years and until their successors are elected and qualified. (e) Education Districts 1, 2, 3, 4, and 5 as they existed on January 1, 2004, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members 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:
SECTION3. The Board of Education of Dade 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 30 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.
Plan Name: dadeccpl Plan Type: Local User: Shantee Administrator: Dade Co. Redistricting Plan Components Report
District 00 1 Dade County
Tract: 401 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 lOll

GEORGIA LAWS 2004 SESSION
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 103610371038103910401041104210431044104510461047 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 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 1998 1999 BG:2 2000 2001 2002 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 2076 2077 2078 2088 2132 2133 2134 Tract: 402 BG: 1 1001 1014 1015 1016 1017 1048
District 002 Dade County
Tract: 401 BG: 1 1071 BG:2 2003 Tract: 402 BG: 1 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 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 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 BG:2
District 003 Dade County
Tract: 401 BG:2 2073 2074 2075 2079 2080 2081 2082 2083 2084 2085 2086 2087 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112

3533

3534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2113 2114 2115 2116 2117 2118 2119 2120 21212123 2142 2143 2144 2145 2146 2147 BG: 3
District 004 Dade County
Tract: 401 BG: 2 2122 2124 2125 2126 2127 2128 2129 2130 2131 2135 2136 2137 2138 2139 2140 2141 2148 2149 2150 2151 Tract: 403
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that legislation will be introduced at the 2004 session of the General Assembly to amend the Act creating the board of education of Dade County, approved February 5, 1984, Ga. L. 1984, p. 3575 (and amended by an Act, approved March 26, 1986, Ga. L. 1986, p. 4767), so as to revise the districts from which board members may be elected; and for other purposes.
This 4th day of February, 2004. Jeff E. Mullis, State Senator, District 53.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Mullis, who on oath deposes and says that he is the Senator from District 53 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Dade County Sentinel which is the official organ of Dade County on February 4, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JEFF MULLIS Jeff Mullis Senator, District 53
Sworn to and subscribed before me, this 19th day of February, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)

GEORGIA LAWS 2004 SESSION Approved April 7, 2004.

3535

DADE COUNTY- BOARD OF COMMISSIONERS; DISTRICTS.
No. 436 (Senate Bill No. 549).
AN ACT
To amend an Act creating the board of commissioners of Dade County, approved April4, 1991 (Ga. L. 1991, p. 3893), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5339), so as to revise the districts for the election of members of the board; 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 an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the board of commissioners of Dade County, approved April 4, 1991 (Ga. L. 1991, p. 3893), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5339), is amended by striking subsections (a) and (b) of Section 2 and inserting in lieu thereof new subsections (a) and (b) to read as follows:
'(a) For the purpose of electing the members of the board of commissioners, except of the chairperson/county executive, Dade County is divided into four commissioner districts which shall correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: dadeccp1 Plan Type: Local User: staff Administrator: Dade 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 of2000 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 Dade 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 of2000 for the State of Georgia. Any part of Dade 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

3536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
population according to the United States decennial census of2000 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 of2000 for the State of Georgia."
SECTION2. The Board of Commissioners of Dade 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 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION3. 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.
Plan Name: dadeccp 1 Plan Type: Local User: staff Administrator: Dade Co.
Redistricting Plan Components Report
District 00 1 Dade County
Tract: 401 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 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 1998 1999 BG:2 2000 2001 2002 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

GEORGIA LAWS 2004 SESSION
2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2076 2077 2078 2088 2132 2133 2134 Tract: 402 BG: 1 1001 1014 1015 1016 1017 1048
District 002 Dade County
Tract: 401 BG: 1 1071 BG: 2 2003 Tract: 402 BG: 1 1000100210031004100510061007100810091010 lOll 1012 1013 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 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 BG: 2
District 003 Dade County
Tract: 401 BG:2 207320742075207920802081208220832084208520862087 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2123 2142 2143 2144 2145 2146 2147 That part of Block Group 3 which lies West of the brow of Lookout
Mountain
District 004 Dade County
Tract: 401 BG: 2 2122 2124 2125 2126 2127 2128 2129 2130 2131 2135 2136 2137 2138 2139 2140 2141 2148 2149 2150 2151 That part of Block Group 3 which lies East of the brow of Lookout
Mountain Tract: 403

3537

3538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice is given that there will be introduced at the 2004 regular session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners ofDade County, approvedApril4, 1991, (Ga. L. 1991, p. 3893), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002,9. 5399), so as to revise teh districts for the election of members of the board; 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 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, Jeff Mullis, who on oath deposes and says that he is the Senator from District 53 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Dade County Sentinel which is the official organ of Dade County on December 31, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JEFF MULLIS Jeff Mullis Senator, District 53
Sworn to and subscribed before me,
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25,2007 (SEAL)
Approved April 7, 2004.
CARROLL COUNTY- BOARD OF EDUCATION; COMPOSITION OF BOARD; DISTRICTS; REFERENDUM.
No. 437 (House Bill No. 1795).
AN ACT
To amend an Act relating to the Board of Education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for definitions and inclusions; to

GEORGIA LAWS 2004 SESSION

3539

provide for continuation in office of current members; to provide for the election and terms ofoffice ofsubsequent members; to provide for vacancies; to provide for eligibility and qualifications; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for effective dates and automatic repeals; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION lA. An Act relating to the Board of Education and school superintendent of the Carro11 County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, is amended by striking Section I and inserting in its place the following:

'SECTION 1. (a) The Board of Education of the Carroll County School District which existed on January I, 2004, is continued in existence, but on and after January 1, 2005, shall be constituted as provided in this Act. The Board of Education of the Carroll County School District so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as it existed immediately prior to January I, 2005. (b) Those members of the Board of Education of the Carroll County School District who are serving as such on January 1, 2004, and any person selected to fill a vacancy in any such office shall continue to serve as such members until December 31, 2004, and until the election and qualification of their respective successors and at that time such members terms of office shall end. On and after January 1, 2005, the Board of Education of the Carroll County School District shall consist of five members, who shall be elected from education districts described in subsection (c) of this section. (c) For purposes of electing members of the board of education, the Carroll County School District is divided into five education districts. One member of the board shall be elected from each such district. The five education 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: carrollsbwk5r Plan Type: Local User: Linda Administrator: Carroll. (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 of2000 for the State of Georgia. Any part of the Carroll County School District which is not included in any such district

3540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Carroll 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 of2000 for the State of Georgia. Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries ofthat city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (e) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Sections 45-2-l and 20-2-51 ofthe O.C.G.A. or any other general law applicable to that office. (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 for that district. At the time of qualifying for election as a member of the board from an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected or appointed as a member of the board from an education district must continue to reside in that district during that person s term of office or that office shall become vacant.
(g)( l) The first members ofthe reconstituted Board ofEducation ofthe Carroll County School District shall be elected in a special election to be conducted at the general election on the Tuesday next following the first Monday in November, 2004. As soon as practicable after this section becomes effective, the election superintendent of Carroll County shall call a special election for the purpose of electing the members of the board. Such special election shall be conducted in conjunction with the 2004 November general election and shall be called and conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' Those members of the reconstituted board elected thereto from Education Districts 2 and 4 in such special election shall take office the first day ofJanuary immediately following that election and shall serve for initial terms of office which expire December 31, 2006, and upon the election and qualification oftheir respective successors. Those members of the reconstituted board elected thereto from Education Districts l, 3, and 5 in such special election 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. (2) 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

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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. 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. (h) All members of the board who are elected thereto shall be elected in nonpartisan elections as provided in Code Section 21-2-139 of the O.C.G.A. (i) Any vacancy in office upon the board which occurs for any reason shall be filled pursuant to Code Section 20-2-54.1 of the O.C.G.A."

SECTION lB. An Act relating to the Board of Education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, is amended by striking Section 1 and inserting in its place the following:

"SECTION 1. (a) The Board of Education of the Carroll County School District which existed on January 1, 2004, is continued in existence, but on and after January 1, 2005, shall be constituted as provided in this Act. The Board of Education of the Carroll County Schooi District so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as it existed immediately prior to January 1, 2005. (b) Those members of the Board of Education of the Carroll County School District who are serving as such on January 1, 2004, and any person selected to fill a vacancy in any such office shall continue to serve as such members until December 31, 2004, and until the election and qualification of their respective successors and at that time such members terms of office shall end. On and after January 1, 2005, the Board of Education of the Carroll County School District shall consist of seven members, who shall be elected from education districts described in subsection (c) of this section. (c) For purposes of electing members of the board of education, the Carroll County School District is divided into seven education districts. One member of the board shall be elected from each such district. The seven education districts shall be and correspond to those seven numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: carrollsbwk7r Plan Type: Local User: Blake Administrator: Carroll. (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 the

3542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Carroll County School District which is not included in any such district described in that attaclunent 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 Carroll County School District which is described in that attaclunent as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of2000 for the State of Georgia. Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries ofthat city as shown on the census map for the United States decennial census of2000 for the State of Georgia. (e) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Sections45-2-l and20-2-51 ofthe O.C.G.A. or any other general law applicable to that office. (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 for that district. At the time of qualifying for election as a member of the board from an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected or appointed as a member of the board from an education district must continue to reside in that district during that person s term of office or that office shall become vacant.
. (g)( I) The first members ofthe reconstituted Board ofEducation ofthe Carroll County School District shall be elected in a special election to be conducted at the general election on the Tuesday next following the first Monday in November, 2004. As soon as practicable after this section becomes effective, the election superintendent of Carroll County shall call a special election for the purpose of electing the members of the board. Such special election shall be conducted in conjunction with the 2004 November general election and shall be called and conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' Those members of the reconstituted board elected thereto from Education Districts 1, 3, 5, and 7 in such special election 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 oftheir respective successors. Those members of the reconstituted board elected thereto from Education Districts 2, 4, and 6 in such special election shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2006, and upon the election and qualification of their respective successors.

GEORGIA LAWS 2004 SESSION

3543

(2) 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. 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. (h) All members of the board who are elected thereto shall be elected in nonpartisan elections as provided in Code Section 21-2-139 of the O.C.G.A. (i) Any vacancy in office upon the board which occurs for any reason shall be filled pursuant to Code Section 20-2-54.1 of the O.C.G.A.n

SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Carroll County School District for approval or rejection. The election superintendent shall conduct this election in conjunction with the 2004 General Primary. The election superintendent shall issue the call and conduct the 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 of the election in the official organ ofCarroll County. The ballot shall have written or printed thereon the words:

"QUESTION NO. l
"YES ( ) Shall the Carroll County Board of Education be changed from a six NO ( ) member board to a five or seven member board?

QUESTION NO. 2 If a majority of the votes cast on Question No. l are in favor of changing the number of members of the Carroll County Board of Education, select the type of board which you favor by placing a check (.I) mark or (X) in the appropriate space below. Vote for only one of the options below:
OPTION 1 A board of education composed of five members.
OPTION2 A board of education composed of seven members."

No voter shall vote for more than one of the options in Question No.2. All persons desiring to vote for approval of changing the composition of the Carroll County Board of Education to a five or seven member board shall vote "Yes" on Question No. l and those persons desiring to vote against changing the composition of the Carroll County Board ofEducation to a five or seven member board shall vote "No"

3544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
on Question No. 1. If more than one-half of the votes cast on Question No. 1 are for approval ofchanging the composition ofthe Carroll County Board ofEducation to a five or seven member board, then Section 1A or 1B of this Act shall become effective as provided in this section; otherwise, neither Section 1A or 1B ofthis Act shall become effective and this Act shall be automatically repealed on the first day of January following that election date. If more than one-half of the votes cast on Question No. 1 are for approval of changing the composition of the Carroll County Board of Education to a five or seven member board and more than one-half of the votes cast on Question No. 2 are cast in favor of Option 1 or there is a tie vote between Option 1 and Option 2, then Section lA of this Act shall become effective immediately for the sole purpose of conducting the elections required by said section and for all purposes on January 1, 2005, and Section lB of this Act shall be automatically repealed on January 1, 2005. If more than one-half of the votes cast on Question No. 1 are for approval of changing the composition of the Carroll County Board of Education to a five or seven member board and more than one-half of the votes cast on Question No. 2 are cast in favor of Option 2, then Section 1B of this Act shall become effective immediately for the sole purpose of conducting the elections required by said section and for all purposes on January 1, 2005, and Section lA of this Act shall be automatically repealed on January 1, 2005. The expense of such election shall be borne by the Carroll County Board of Education. It shall be the duty of the election superintendent to certify the results thereof to the Secretary of State.
SECTION 3. The Board of Education ofCarroll County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, no later than 30 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, 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.
Plan Name: carrollsbwk5r Plan Type: Local User: Linda Administrator: Carroll
Redistricting Plan Components Report
District 001 Carroll County
Tract: 9901.01 Tract: 9901.02

GEORGIA LAWS 2004 SESSION

3545

BG: l 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 302430253026302730283029303030313032303330343035 30363038303930403041304230433044399739983999 BG:4 Tract: 9906 BG: l 1000 1001 Tract: 9907.03 BG:2 2000 200 l 2002 2003 2004 2005 2006 2007 2008 2009 20 l 0 20 ll 2012 2013 2014 2025 2026 2998 2999

District 002 Carroll County
Tract: 9902 Tract: 9905.0 l BG: l 100010021003100410071008100910181019105810901091 Tract: 9906 BG: l 1002 1003 1004 1005 1006 1007 1008 1009 1010 lOll 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1033 1034 1035 1040 1042 1044 1046 1047 1048 1049 1050 1051 1052 1999 BG:2 2000 200 l 2002 2003 2004 2005 2006 2007 2008 2015 2016 2017 2018 2019 Tract: 9907.01 BG:3 3002 Tract: 9907.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1009 1017 1018 BG: 2 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2027 2028 2029 2997
District 003 Carroll County
Tract: 9903

3546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 10 19 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1103 1104 1105 BG: 2 BG: 3 Tract: 9904 BG: 1 BG: 2 BG: 3 3002 3006 3007 3009 3010 3011 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 3999 Tract: 9905.01 BG: 1 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1038 1039 1040 1041 1043 1047 1048 1049 1050 1051 1065 1067 1068 1069 1070 1071 1073 1074 1078 1083 1084 1085 1088 1089 BG:2 2012 2013 2019 2020 2021 2022 2023 2025 2026 2027 2028 2029 Tract: 9905.02 BG: 1 1004 BG: 2 2005 2006 Tract: 9912 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 1029 1034 1035 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 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2050 2051 2052 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011

GEORGIA LAWS 2004 SESSION
3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 302430253026302730283029303030313032303330343035 3036 3043
District 004 Carroll County
Tract: 9905.01 BG:2 2016 20I7 BG: 3 3002 3003 3005 3006 3007 3008 3009 3012 Tract: 9907.01 BG: 1 1047 Tract: 9908 BG:2 2050205I 20522053205420552995 Tract: 9909 Tract: 9910 BG:2 2000 200 I 2002 2003 2004 2005 2006 2007 20 II 20 I6 2017 2026 2030 2031 2032 2033 2036 2037 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 2997 2998 BG: 3 3007 3008 30I1 3012 3013 3015 3016 3017 3018 3019 3022 3023 3024 3025 3027 3028 3030 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 Tract: 99I1 BG:2 2030 2031 2033 2035 2036 2037 2042 2044 2046 2047 2048 2049 2050 205I 2052 2053 2054 2055 2999 BG: 3 3012 3013 3014 3016 3017 30I9 BG:4 BG: 5 Tract: 99I2 BG: I I024 10251026102710281030 103I 10321033 BG:2 2000 2049 BG: 3 3037 3038 3039 3040 3041 3042 3044 3045 3046 3047 3048 3049

3547

3548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BG:4
District 005 Carroll County
Tract: 9901.02 BG: 3 3037 Tract: 9907.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1023 1024 1026 1028 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1997 BG: 2 BG: 3 3000 3001 3009 3010 3011 3012 3016 3017 3018 3019 3020 3025 3026 3027 3028 3029 3997 3999 Tract: 9907.02 Tract: 9908 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2..033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 204820492056205720582059206020612062206320642065 2066206720682996299729982999 Tract: 9910 BG: 2 2074
Plan Name: carrollsbwk7r Plan Type: Local User: Blake Administrator: Carroll
Redistricting Plan Components Report
District 001 Carroll County
Tract: 9901.01 Tract: 9901.02 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 20 11 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2024 2025 2027 2028 2996 2997 2998 2999 BG: 3

GEORGIA LAWS 2004 SESSION

3549

3038 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4013 4015 4017 4018 4019 4020 4023 4024 4025 4026 4031 4032 4033 4034 4035 4037 4038 4039 4040 4041 4042 4043 4044 4045 4999

District 002 Carroll County
Tract: 9901.02 BG:2 2022 2023 2026 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 302430253026302730283029399739983999 BG:4 401040114012401440164021402240274028402940304036 Tract: 9902 Tract: 9906 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1020 1050

District 003 Carroll County
Tract: 9901.02 BG: 3 3030 3031 3032 3033 3034 3035 3036 3037 3039 3040 3041 3042 3043 3044 Tract: 9906 BG: 1 1000 1001 Tract: 9907.01 BG: 1 1000 1001 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2021 Tract: 9907.02 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2013 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2999 Tract: 9907.03 BG:2

3550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2021 2022 2023 2024 2025 2026 2998 2999 Tract: 9908 BG: 1 1010 1011 1012 1013 1014 1015
District 004 Carroll County
Tract: 9907.0 1 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1023 1024 1026 1028 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1997 BG:2 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020202220232024202520262027202820292999 BG: 3 3000 3009 3010 3011 3012 3016 3017 3018 3019 3020 3025 3026 3027 3028 3029 3997 3999 Tract: 9907.02 BG: 2 2010 2011 2014 2015 Tract: 9908 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 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 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 203620372038203920402041204220432044204520462047 2048 2049 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2996 2997 2998 2999 Tract: 9910 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 20 11 2016 2017 2026 2030 2031 2032 2033 2036 2037 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 2997 2998

GEORGIA LAWS 2004 SESSION

3551

BG:3 3007 3008 3011 3012 3013 3015 3016 3017 3018 3019 3022 3023 3024 3027 3028 3032 3039 3041 3042 Tract: 9911 BG:2 2044 2046 2047 2048 2049

District 005 Carroll County
Tract: 9903 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 lOll 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 109610971098 109911001101 1103 11041105 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2012 2013 2014 201520162017201820192020202120222023202420252026 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 2057 2060 2075 2076 2077 2997 2999 BG: 3 3000 3001 3002 3003 3004 Tract: 9904 BG: 3 3002 Tract: 9905.01 BG: 1 1000 1002 1003 1004 1007 1008 1009 1018 1019 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1038 1039 1040 1041 1043 1047 1048 1049 1050 1051 1058 1065 1067 1068 1069 1070 1071 1073 1074 1078 1083 1084 1085 1088 1089 1090 1091 BG:2 2012 2013 2019 2020 2021 2022 2023 2025 2026 2027 2028 2029 Tract: 9905.02 BG: 1 1004 BG:2 2005 2006

3552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract: 9906 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1033 1034 1035 1040 1042 1044 1046 1047 1048 1049 1051 1052 1999 BG:2 2000 200 1 2002 2003 2004 2005 2006 2007 2008 2015 2016 2017 2018 2019 Tract: 9907.01 BG: 3 3001 3002 Tract: 9907.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1009 1017 1018 BG: 2 2015 2016 2017 2018 2019 2020 2027 2028 2029 2997
District 006 Carroll County
Tract: 9903 BG: 2 2009 2010 2011 2055 2056 2058 2059 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2998 BG: 3 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 3071 3072 3073 3074 3075 3076 3077 3078 3079 3998 3999 Tract: 9904 BG: 1 BG:2 BG: 3 3006 3007 3009 3010 3011 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 3999 Tract: 9912 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 1029 1034 1035 BG: 2

GEORGIA LAWS 2004 SESSION
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 20 11 2012 2013 2014 2015 2016 2017 2018 2019 2020 20212022 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 2050 2051 2052 2999 BG: 3 BG:4 4005 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4033 4034 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053
District 007 Carroll County
Tract: 9905.01 BG: 2 2016 2017 BG:3 3002 3003 3005 3006 3007 3008 3009 3012 Tract: 9908 BG:2 2050 2051 2052 2053 2054 2055 2995 Tract: 9909 Tract: 9910 BG: 3 3025 3030 3033 3034 3035 3036 3037 3038 3040 3043 3044 3045 Tract: 9911 BG:2 2030 2031 2033 2035 2036 2037 2042 2050 2051 2052 2053 2054 2055 2999 BG: 3 3012 3013 3014 3016 3017 3019 BG:4 BG: 5 Tract: 9912 BG: 1 1024 1025 1026 1027 1028 1030 1031 1032 1033 BG:2 2000 2049 BG:4 4000 4001 4002 4003 4004 4006 4007 4008 4009 4010 4011 4012 4013 4027 4028 4029 4030 4031 4032 4035 4036 4037

3553

3554 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act relating to the Board of Education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the election and terms of office of subsequent members; to provide for vacancies; to provide for eligibility and qualifications; to provide for submission ofthis Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for effective dates and automatic repeals; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mark Butler, who on oath deposes and says that he is the Representative from District 88, Post 1 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times-Georgian which is the official organ of Carroll County on March 9, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MARK BUTLER Mark Butler Representative, District 88, Post I
Sworn to and subscribed before me, this 12th day of March, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25,2007 (SEAL)
Approved April 7, 2004.

GEORGIA LAWS 2004 SESSION

3555

TERRELL COUNTY- BOARD OF EDUCATION; DISTRICTS; QUALIFICATIONS; COMPENSATION.

No. 441 (House Bill No. 1629).

AN ACT

To reconstitute the Board ofEducation ofTerrell County; 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 election and terms of office of subsequent members; to provide for filling of vacancies; to provide for compensation; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The Board of Education of Terrell County which existed on March 31,2004, is continued in existence but on and after April 1, 2004, shall be constituted as provided in this Act. The Board of Education of Terrell County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to April!, 2004.

SECTION2. (a) Those members of the Board of Education of Terrell County who are serving as such on March 31, 2004, 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 April!, 2004, the Board of Education ofTerrell County shall consist of five members all of whom shall be elected from education districts described in subsection (b) of this section. (b) For purposes of electing members of the board of education, the Terrell County School District is divided into five education districts. One member of the board shall be elected from each such district. The five education 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: terrsb2 Plan Type: Local User: staff Administrator: Terrell. (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

3556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
a Block Group as provided in the report ofthe Bureau of the Census for the United States decennial census of2000 for the State of Georgia. Any part ofthe Terrell 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 ofGeorgia. Any part ofthe Terrell 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 ofany education 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.
SECTION 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Sections 45-2-1 and 20-2-51 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 an education district, a person must have that person s legal residence in that district and, if elected, must receive the number of votes cast as required by general law for that office in that district only and not at large. Only electors who are residents of that education 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 an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected or appointed as a member of the board from an education district must continue to reside in that district during that person s term of office or that office shall become vacant.
SECTION 4. (a) The first members of the reconstituted Board of Education of Terrell County shall be elected at the general election on the Tuesday next following the first Monday in November, 2004. The members of the board elected thereto in 2004 shall take office the first day of January immediately following that election and shall serve for initial terms ofoffice which expire December 31, 2008, 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.

GEORGIA LAWS 2004 SESSION

3557

(b) Education Districts 1 through 5, as they exist on March 31, 2004, shall continue to be designated as Education Districts 1 through 5, respectively, but as newly described under this Act, and on and after April!, 2004, 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 Act. (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 elections as provided in Code Section 21-2-139 of the O.C.G.A.
(d)( 1) Any vacancy in office upon the board which occurs for any reason other than expiration of term shall be filled by majority vote of the remaining members of the board. (2) 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 and shall serve out the remainder of the unexpired term and until a successor is elected and qualified.

SECTION 5. Members of the Board of Education ofTerrell County shall be compensated in the amount of$50.00 per meeting. Members of the board, including the chairperson, shall be reimbursed for the actual expenses necessarily incurred for attending meetings in the performance of their official duties when those meetings occur outside the Terrell County School District.

SECTION 6. The chairperson of the board shall be selected from the membership of the board as provided in Code Section 20-2-57 of the O.C.G.A.

SECTION 7. The Board ofEducation 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 of Justice or filed with the appropriate court no later than 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 8. An Act to reconstitute the Board of Education of Terrell County, approved January 15, 1993 (Ga. L. 1993, p. 3620), is hereby repealed.

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

3558 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Plan Name: terrsb2 Plan Type: Local User: staff Administrator: Terrell
Redistricting Plan Components Report
District 00 l Terrell County
Tract: 9802 BG: l 10021003100410051006100710081010 lOll 101210131014 1015 1016 1017 1018 1021 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1053 1054 1055 1056 1057 1058 1080 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 20 l 0 20 11 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 2108 2110 2995 2996 2997 2998 2999 Tract: 9803 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1022 1023 1024 1025 1026 1027 1031 1032 1035 1049 1052 1999 BG:4 4002 4003 4004 4005 4015 4016 Tract: 9804 BG: 3 3020 3021 3026 3998
District 002 Terrell County
Tract: 9803 BG: 1 1053 Tract: 9804 BG: 1 1000 1001 1002 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1998 1999

GEORGIA LAWS 2004 SESSION

3559

BG: 3 3006 3007 3008 3009 30 I0 3033 3036 Tract: 9805 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 1062

District 003 Terrell County
Tract: 9802 BG:2 2109 2111 2994 Tract: 9803 BG: 1 1020 1021 1028 1029 1030 1033 1034 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1050 1051 1054 1997 1998 BG: 2 2000 200 I 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2022 2025 2026 BG: 3 3006 3007 3008 3009 3011 30 14 BG:4 4018 Tract: 9804 BG: 1 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 1995 1996 1997 BG: 3 3011 3012 3013 3014 3015 3016 3017 3018 3019 3022 3023 3024 3025 3027 3028 3029 3030 3031 3032 3034 3035 3997 3999 Tract: 9805 BG: 1 1060 1061 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1999

District 004 Terrell County
Tract: 9803

3560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BG:2 2017 2018 2019 2020 2021 2023 2024 BG:3 3002 3003 3004 3005 3010 3012 3013 3015 3016 3017 3018 3019 3020 3021 3022 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 BG:4 4010 4011 4013 4014 4017 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4039 4040 4041 Tract: 9804 BG:2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2026 2027 BG:3 300030013002300330043005303730383039304030413042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058
District 005 Terrell County
Tract: 9802 BG: 1 1000 1001 1009 1019 1020 1022 1023 1024 1025 1026 1027 1028 1052 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1081 1082 Tract: 9803 BG: 1 1055 1056 BG: 3 3000 3001 3023 3024 3025 3026 BG:4 4000 4001 4006 4007 4008 4009 4012 4034 4035 4036 4037 4038 4042 4043 4044 4045 4046 4047 4048 4999 Tract: 9804 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 BG: 2 200020192020202120222023202420252028202920302031 2032 2033 2034 2035 2036 203 7 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced at the regular 2004 Session of the General Assembly of Georgia a bill to redefine the geographical boundaries of the five election districts for the members of the Terrell County Board of Education and for other purposes.

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 January 29, 2004, and that the notice requirements of Code Section 28-l-14 have been met.

s/ BOB HANNER Bob Hanner Representative, District 133

Sworn to and subscribed before me, this 25th day of February, 2004.

s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)

Approved April 13, 2004.

PICKENS COUNTY- LAND USE INTENSITY DISTRICT ORDINANCE; ADVISORY REFERENDUM.
No. 445 (House Bill No. 1694).
AN ACT
To provide for an advisory referendum election to be held in Pickens County for the purpose of ascertaining whether the voters of such county desire the governing authority to enact a proposed Pickens County land use intensity district ordinance; to provide for procedures, requirements, and other matters relative thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes.

3562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. It is the purpose of this Act to provide for an advisory referendum within Pickens County to determine if the voters of said county prefer that the governing authority enact the proposed Pickens County Land Use Intensity District Ordinance.
SECTION 2. (a) It shall be the duty of the election superintendent ofPickens County to issue the call for an advisory referendum election for the purpose of submitting a question to the voters of said county to determine whether the majority of electors voting at said election prefer that the governing authority enact the proposed Pickens County Land Use Intensity District Ordinance. The superintendent shall set the date of such election for the same date as the next general primary election after the effective date of this Act. 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 ofthe election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Pickens County. The ballot shall have printed thereon the following:
"Advisory Referendum Election
YES ( ) Should the Commissioner of Pickens County enact the proposed NO ( ) Pickens County Land Use Intensity District Ordinance?" (b) It shall be the duty ofthe election superintendent of Pickens County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the governing authority of Pickens County. The expense of such election shall be borne by Pickens County. (c) It is found, determined, and declared that the holding of an advisory referendum election provided for in this section is in all respects for the benefit of the people of Pickens County and is for a public purpose and is an essential governmental function for which public funds may be expended.
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 2004 session of the General Assembly of Georgia a bill to provide for an advisory referendum election

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to be held in Pickens County for the purpose of ascertaining whether the voters of each county desire the governing authority to enact a proposed Pickens County land use intensity district ordinance; and for other purposes.

This 20th day of February 2004.

Rep. David Ralston 6th District

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 Pickens County Progress which is the official organ of Pickens County on February 26, 2004, 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 1st day of March, 2004.

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

Approved April29, 2004.

HARALSON COUNTY SCHOOL BUILDING AUTHORITY- CREATION.
No. 448 (House Bill No. 1676).
AN ACT
To create the Haralson County School Building Authority and to provide for the appointment of members of the authority; to define certain terms; 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,

3564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 provide for procedures related thereto; to authorize the execution of resolutions and trust indentures to secure the payment ofthe revenue bonds of the authority and to define the rights of the holders of such obligations; to provide that certain credit is not pledged; to make the revenue bonds of the authority exempt from taxation; to provide for a sinking fund; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for tort immunity; to provide for tax-exempt status of the authority; to provide for effects on other governments; to provide for construction; to provide for the validation of bonds; to provide for automatic repeal; to provide for related matters; 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 "Haralson County School Building Authority Act."
SECTION 2. Haralson County School Building Authority.
(a) There is hereby created a public body corporate and politic to be known as the "Haralson County School Building Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. Such corporation shall be separate and distinct from any public corporation heretofore created by the General Assembly and shall be an instrumentality of the State of Georgia exercising governmental powers. (b) The authority shall consist of three members who shall be appointed by the governing authority of the Haralson County School District. With respect to the initial appointment by the governing authority of the Haralson County School District, one member shall be appointed for a term ofthree years; one member shall be appointed for a term of two years; and one member shall be appointed for a term ofone 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 Haralson County, Georgia, for at least two years prior to the date

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of his or her appointment and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or
herself. (c) The governing authority of the Haralson County School District may provide by resolution that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their 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 ofthe 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) Two members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (f) The authority shall make rules and regulations for its own governance. Any change in the name or composition ofthe authority shall in no way affect the vested rights ofany person under the provisions ofthis Act or impair the obligations of any contracts under this Act.

SECTION 3. Definitions.

As used in this Act, the term: (1) "Authority" means the Haralson County School Building Authority created by this Act. (2) "Costs ofthe project" means and embraces the cost of construction; the cost ofall lands, properties, rights, easements, and franchises acquired; the cost ofall 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 ofthe project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized in this Act; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "Project" means the repair, renovation, and improvement ofHaralson County High School as authorized by the Georgia Department of Education pursuant to the Qualified Zone Academy Bond (QZAB) Program. (4) "Revenue Bond Law" means the Revenue Bond Law ofthe State ofGeorgia, 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.

3566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 ofoperating, 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: (I) 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, 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. If the authority shall deem it expedient to construct any project on lands which are subject to the control of the Haralson County School District, the school district is authorized to convey such lands to the authority for such consideration as may be agreed upon by the authority and the Haralson County School District, taking into consideration the public benefit to be derived from such conveyance; (4) To exercise the powers conferred upon a "public corporation" or "public authority" by Article IX, Section III, Paragraph I of the Constitution of Georgia, such authority being hereby expressly declared to be a "public corporation" or "public authority" within the meaning of such provision of the Constitution of Georgia; (5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (6) To execute contracts, leases, agreements, and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of the project; and any and

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all persons, firms, corporations, and the Haralson County School District are each authorized to enter into contracts, leases, agreements, or instruments with the authority upon such terms and for such purposes as it may deem advisable and as it is authorized to enter into by law; provided, however, that any contract for any professional, administrative, or financial services of whatever value in connection with the issuance of any debt instrument in a principal amount of $100,000.00 or more or the incurrence of any other debt of such amount by the authority shall be subject to the contracting and bidding requirements provided by Article 2 of Chapter 91 of Title 36 of the O.C.G.A., the same as if they were public works construction contracts in an amount subject to the requirements of such article; (7} To acquire, construct, add to, extend, improve, equip, operate, and maintain the project; (8} To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (9} To accept loans or grants of money or materials or property ofany kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (10} To accept loans or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (11) To borrow money for any of its corporate purposes, to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (12) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (13) To do all things necessary or convenient to carry out the powers expressly given in thi~ 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

3568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 ofeach 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.
SECTION6. Same; form; denomination; registration; place of payment.
The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or outside the state.
SECTION 7. Same; signatures; seal.
All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the authority and the attesting manual or facsimile signature of the secretary, assistant secretary, or secretary-treasurer ofthe authority, and the official seal of the authority shall be impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary, or secretary-treasurer of the authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such revenue bonds or coupons shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes in the same manner as if that person had remained in office until such delivery.

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SECTION 8. Same; negotiability; exemption from taxation.

All revenue bonds shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds and their transfer and the income therefrom shall be exempt from all taxation within the state.

SECTION9. 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.

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.

3570 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 13. Credit not pledged.
Revenue bonds ofthe authority shall not be deemed to constitute a debt ofHaralson County, Georgia, or the Haralson County School District, nor a pledge of the faith and credit ofsaid county or school district, 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 ofthe authority and the Haralson County School District to enter into an intergovernmental contract pursuant to which the Haralson County School District 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.
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.

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SECTION 16. Sinking fund.

The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, fines, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance ofthe revenue bonds or the trust indenture may provide. Such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
( 1) The interest upon such revenue bonds as the same shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.

SECTION 17. Remedies of bondholders.

Any holder of revenue bonds or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance ofthe revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state, including specifically but without limitation, the Revenue Bond Law, or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.

3572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 18. Validation.
Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state and any institution, department, or other agency of the state and any county, municipality, school district, or other political subdivision or authority of the state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated. Such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds, when validated, and the judgment 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 Haralson 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 ofthis 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 ofsuch revenue bonds.

GEORGIA LAWS 2004 SESSION

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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 of this Act, the general purpose of the authority is declared to be that ofproviding buildings, facilities, and services for the citizens in Haralson County, Georgia.

SECTION 23. Rates, charges, and revenues; use.

The authority is authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished and, in anticipation ofthe 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 Haralson 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 Haralson County, Georgia, when in the performance of their public duties or work of the county.

3574 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 26. Tax-exempt status of authority.
The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any municipality or county or the state or any political subdivision thereof.
SECTION 27. Effect on other governments.
This Act shall not and does not in any way take from Haralson County, Georgia, or any county or municipality the authority to own, operate, and maintain facilities or to issue revenue bonds as provided by the Revenue Bond Law.
SECTION 28. Liberal construction of Act.
This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION29. Automatic repeal of this Act.
Upon the final payment of principal and interest on any revenue bonds issued in connection with undertaking the project, the authority shall then cease to exist, and this Act shall stand repealed as of the June 30 following such final payment of principal and interest.
SECTION 30. 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 2004 session of the General Assembly of Georgia a bill to create the Haralson County School Building Authority; to confer powers upon the authority; to authorize the issuance ofrevenue bonds of the authority; and for other purposes.

GEORGIA LAWS 2004 SESSION

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Heath, who on oath deposes and says that he is the Representative from District 18 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway Beacon which is the official organ of Haralson County on January 15, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILL HEATH Bill Heath Representative, District 18

Sworn to and subscribed before me, this 25th day of February, 2004.

s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)

Approved May 4, 2004.

CITY OF SNELLVILLE-MAYOR AND COUNCIL; VACANCIES; CONFLICTS OF INTEREST; POWERS; QUORUM AND VOTING; CITY MANAGER; POWERS AND DUTIES.
No. 453 (House Bill No. 1375).
AN ACT
To amend an Act providing a new charter for the City of Snellville, approved April 28, 2001 (Ga. L. 2001, p. 4566), so as to change provisions relating to vacancies, conflicts of interest, powers, quorum, and voting; to change the powers of the mayor and provide for a city manager and the powers and duties thereof; to provide for administrative affairs; to correct a cross-reference; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3576 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. An Act providing a new charter for the City of Snellville, approved April28, 2001 (Ga. L. 2001, p. 4566), is amended by striking subsection (b) of Section 2.12 and inserting in its place the following:
H(b) Filling ofvacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the mayor and confirmed by the city council ifless than 12 months remain in the unexpired term, otherwise by a special election as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A. or other such laws as are or may hereafter be enacted:
SECTION 2. Said Act is further amended by striking paragraph (5) of subsection (b) of Section 2.14 and inserting in its place the following:
0 (5) Represent other private interests in any action or proceeding against this city or any portion of its government; o~.
SECTION 3. Said Act is further amended by striking Section 2.17 and inserting in its place the following:
"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, other utilities, 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 4. Said Act is further amended by striking Section 2.21 and inserting in its place the following:
"SECTION 2.21. Quorum; voting.
The mayor and three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. When the mayor pro tern. is presiding in the mayor s absence, the mayor pro tern. and three councilmembers

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shall constitute a quorum. Voting on the adoption ofordinances 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. When the mayor or a councilmember does not vote after being disqualified as required by this charter, any state law, or local ordinance, such lack of vote shall not be counted as either an affirmative or negative vote. Once a quorum is established, the quorum cannot be defeated by the subsequent departure of the mayor or a councilmember.'

SECTIONS. Said Act is further amended by striking Section 2.29 and inserting in its place the following:

'SECTION 2.29. Powers and duties of mayor; city's chief executive officer.

The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official 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) Fulfill such other executive and administrative duties as the city council shall by ordinance establish; and (7) Perform such other duties as may be required by law, this charter, or by ordinance:

SECTION6. Said Act is further amended by striking subsections (d) and (e) of Section 3.10 and inserting in their places the following:
'(d) Directors to be principal officers. There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of his or her department or agency.

3578 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) Delegation ofauthority. The mayor and council may, by ordinance, delegate its authority regarding the administrative affairs ofthe city unless such delegation is prohibited in this charter or by the general laws or Constitution of the State of Georgia."
SECTION7. Said Act is further amended by striking "PERSONNEL ADMINISTRATION" immediately preceding Section 3.14 and by striking Sections 3.14 and 3.15 and inserting in their places the following:
'SECTION 3.14. City manager.
(a) A city manager shall be appointed by the mayor with the confirmation of the city council. The city manager shall be the chiefadministrative officer of the city and manage and direct the daily operations of the city government in accordance with local ordinances, law, and policies prescribed by the city council. The city manager shall direct the administrative activities ofthe city; act as focal point for strategic planning, programming, and budgeting; supervise all city employees; serve as a liaison among the city staff and governing body; assist the general public; and serve on any boards or committees created by the council. (b) The city manager shall specifically:
( 1) Discipline, suspend, or remove all employees, excluding the city clerk, as further provided by this charter or state law. The city manager may delegate said authority to the head of a department or office regarding his or her subordinates; (2) Appoint and hire, when necessary for the good of the city, all employees to fill a vacancy or approved position; provided, however, that the mayor shall appoint and hire the city clerk. The city manager shall make a recommendation regarding that position; (3) Prepare and submit to the city council for approval personnel policies and procedures; (4) Prepare and submit to the city council for approval a position classification and pay plan; (5) Prepare and administer the annual operating and capital improvements budgets and any other budget and submit same to the city council; (6) Prepare and submit to the city council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the preceding year; (7) See that all laws, ordinances, and policies are duly enforced; and (8) Perform other such duties as may be required by the city council not inconsistent with state laws, city ordinances, or this charter.

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(c) The city 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 city council. (d) Except for the purposes of inquiries and investigations, the mayor, the city council, and councilmembers 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 the mayor, the city council, or councilmembers shall not give orders to any such city officer or employee, either publicly or privately. (e) The city manager shall serve at the pleasure of the mayor and city council and may be suspended or removed by a vote offour members of the city council.

SECTION 8. Said Act is further amended by striking Section 5.14 and inserting in its place the following:
'SECTION 5.14. Vacancies; special election.

Vacancies shall be filled pursuant to Section 2.12 of this charter. Any required

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.'



SECTION9. Said Act is further amended by striking Section 6.25 and inserting in its place the following:

'SECTION 6.25. Submission of operating budget.

On or before a date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.'

SECTION 10. Said Act is further amended by striking subsection (a) ofSection 6.26 and inserting in its place the following:

3580 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"(a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues."
SECTION 11. Said Act is further amended by striking subsection (a) ofSection 6.29 and inserting in its place the following:
"(a) On or before the date fixed by the city council, but no later than 30 days prior to the beginning ofeach fiscal year, the city manager shall submit to the city council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter."
SECTION 12. Said Act is further amended by striking paragraph (3) of Section 6.31 and inserting in its place the following:
"(3) It is made or authorized by the mayor and such approval is entered in the city council journal of proceedings pursuant to Section 2.20 of this charter."
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.
The public is hereby notified that an amended Municipal Charter of the City of Snellville, Georgia has been proposed and will be introduced during the 2004 session of the Georgia Legislature. The proposed amended Charter provides for a City Manager-City Council form of government, the powers ofthe city, the election and duties of the governing authority and for other employees and officials, powers and duties regarding finance, and other matters related to the foregoing.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Bannister, who on oath deposes and says that he is the Representative from District 70, Post I and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the

GEORGIA LAWS 2004 SESSION

3581

Gwinnett Daily Post which is the official organ of Gwinnett County on January 8, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CHARLES BANNISTER Charles Bannister Representative, District 70, Post I

sworn to and subscribed before me, this 4th day of February, 2004.

sl DEANA COKER
Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)

Approved May 5, 2004.

TURNER COUNTY- BOARD OF EDUCATION; COMPENSATION.
No. 468 (House Bill No. 1773).
AN ACT
To amend an Act entitled "An Act to provide for the election of the members of the board of education of Turner County," approved March 28, 1984 (Ga. L. 1984, p. 4862), so as to provide for the compensation of the members of the board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to provide for the election of the members of the board of education of Turner County," approved March 28, 1984 (Ga. L. 1984, p. 4862), is amended by inserting immediately following Section 5 a new section to read as follows:
'SECTION 5.1. Members of the board of education shall receive $125.00 for each regularly scheduled meeting of the board which they attend:
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

3582 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice is hereby given that there will be introduced at the Regular 2004 Session of the General Assembly ofGeorgia a bill to amend an Act entitled" An Act to provide for the election of the members of the board of education of Turner County," approved March 28, 1984 (Ga. L. 1984, p. 4862); and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Austin Scott, who on oath deposes and says that he is the Representative from District 138 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Wiregrass Farmer which is the official organ ofTurner County on March 3, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ AUSTIN SCOTT Austin Scott Representative, District 13 8
Sworn to and subscribed before me, this lOth day of March, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25,2007 (SEAL)
Approved May 7, 2004.
TROUP COUNTY- STATE COURT; FULL-TIME SOLICITOR-GENERAL; COMPENSATION.
No. 586 (House Bill No. 1685).
AN ACT
To amend an Act creating the State Court ofTroup County, approved March 6,1962 (Ga. L. 1962, p. 3020), as amended, so as to provide for a full-time solicitor-general; to provide for the compensation of said solicitor-general; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2004 SESSION

3583

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the State Court of Troup County, approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended, is amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

'SECTION 6. (a) No person shall be elected solicitor-general of the State Court of Troup County, formerly known as the Civil and Criminal Court ofTroup County, unless at the time of his or her election he or she shall have arrived at the age of 25 years, shall have been a resident of Troup County for one year immediately preceding his or her election, and shall have been a practicing attorney for at least three years. Said solicitor-general shall, before entering upon the discharge ofthe duties of the office of solicitor-general, take and subscribe the following oath:
'I swear that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as solicitor-general of Troup County.' Said oath shall be forwarded to the Governor and filed in the executive department. (b) Said solicitor-general shall also give a bond and with good security for the faithful performance of his or her duties as solicitor-general of said court in the sum of$1,000.00. Said bond shall be payable to the Governor; shall be approved by the judge of said State Court of Troup County, formerly known as the Civil and Criminal Court ofTroup County; and shall together with said oath be entered on the minutes of said court. If for any reason the said solicitor-general should be disqualified or fails to act in any case, a solicitor-general pro tempore shall be appointed as provided by Code Section 15-18-65 of the O.C.G.A. (c) The solicitor-general of the State Court of Troup County shall be a full-time solicitor-general pursuant to Code Section 15-18-63 of the O.C.G.A. and shall devote his or her full time to the duties of the office. Such solicitor-general shall be compensated in an amount equal to 70 percent of the compensation of a judge of the State Court of Troup County. Such compensation shall be paid in equal monthly installments from the funds ofTroup County. The solicitor-general and county paid personnel employed by the solicitor-general shall be entitled to be reimbursed for actual expenses incurred in the performance oftheir official duties in the same manner and rate as other county employees.'

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except the provisions of subsection (c) of Section 1 of this Act relative to compensation shall become effective on January 1, 2005.

3584 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Troup County, formerly the Civil and Criminal Court of Troup County, approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended, so as to provide for a full-time solicitor-general and to provide for his or her compensation; and for other purposes.
This 27 day of February.
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 27, 2004, 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 1st day ofMarch, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 13, 2004.

GEORGIA LAWS 2004 SESSION

3585

DOUGLAS COUNTY- STATE COURT; TECHNOLOGY FEES.

No. 616 (Senate Bill No. 583).

AN ACT

To amend an Act creating the State Court of Douglas County, approved April 1, 1999 (Ga. L. 1999, p. 3606), 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 Douglas County, approved April 1, 1999 (Ga. L. 1999, p. 3606), is amended by inserting at the end of Section 13 two new subsections to read as follows:
'(c) 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. (d) The fees collected pursuant to subsection (c) ofthis 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 ofsaid court and to the governing authority of Douglas County."

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Douglas County, approved Aprill, 1999 (Ga. L. 1999, p. 3606), so as to provide

3586 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
This 18th day of February, 2004.
Senator Bill Hamrick 30th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hamrick, who on oath deposes and says that he is the Senator from District 30 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County on February 24, 2004, and that the notice requirements of Code Section 28-l-14 have been met.
s/ BILL HAMRICK Bill Hamrick Senator, District 30
Sworn to and subscribed before me, this 26th day of February, 2004.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.
MADISON COUNTY- BOARD OF EDUCATION; DISTRICTS; NUMBERING; TECHNICAL CHANGES.
No. 617 (Senate Bill No. 587).
AN ACT
To amend an Act creating a board of education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), as amended, particularly by an Act approved April25, 2002 (Ga. L. 2002, p. 4421), so as to make technical changes in said 2002 amendatory Act; to revise the numbering of the education districts in

GEORGIA LAWS 2004 SESSION

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such amendatory act; to ratify and confirm, to the maximum extent possible, any election previously held under the provisions of such amendatory 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 creating a board ofeducation ofMadison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), as amended, particularly by an Act approved April25, 2002 (Ga. L. 2002, p. 4421), is amended by striking subsection (a) of Section 3 ofthe Act and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) The Board of Education of Madison County shall be composed of five members. For the purpose of electing the members of the board of education, Madison County shall be 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: madisonsb04 Plan Type: Local User: Gina Administrator: Madison-Cnty."

SECTION 2. Said Act is further amended by striking the attachment to said Act and inserting in lieu thereof a new attachment as attached to and made a part of this Act and further identified as Plan Name: madisonsb04 Plan Type: Local User: Gina Administrator: Madison-Cnty.

SECTION 3. The purpose of this Act is to revise the numbering of the districts contained in the amendatory Act reconstituting the board ofeducation ofMadison County, approved April 25, 2002 (Ga. L. 2002, p. 4421 ).

SECTION 4. This Act is intended to ratify and confirm, to the maximum extent possible, any election previously held under the provisions of the amendatory Act reconstituting the board of education of Madison County, approved April25, 2002 (Ga. L. 2002, p.4421).

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

Plan Name: madisonsb04 Plan Type: Local User: Gina Administrator:
Madison-Cnty

Redistricting Plan Components Report

3588 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 001 Madison County
Tract: 201 BG:3 3025 3026 3027 3028 3029 3031 3032 3033 3034 3035 3036 BG:4 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 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 407740784079408040814082408340854086408740884089 4099 4101 4102 4107 4998 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5023 5024 5025 5026 5027 5028 5029 5030 503150325033503450355036503750385039504050415042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5998 5999 Tract: 205 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5021 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6028 6999
District 002 Madison County
Tract: 201 BG: 3 300030013002300330043005300630073008300930103011 3012 3013 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3030 3037 3038 3039 3998 3999 BG:4 4000 4001 4045 4046 4047 4084 4090 4091 4092 4093 4094 4095 4096 4097 4098 4100 4103 4104 4105 4106 4999 BG:5 5000 5001 5018 5019 5020 5021 5022 Tract: 202 BG: 3 3017 3018 3019 3020 3021 3022 3023 3031 3032 3033 3034 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061

GEORGIA LAWS 2004 SESSION

3589

3062 3063 BG:4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 40 12 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 404940504051405240534054405540564057405840594060 406140624063406440654066406740684069407040714072 407340744075407640774078407940804081408240834084 408540864087408840894090409140924093409440954096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4998 4999 Tract: 203 BG: 1 1027 1028 1029 1031 1032 1033 1034 Tract: 204 BG:4 4000 4001 4002 4003 4027 Tract: 205 BG: 5 5000 5001 5014 5015 5016 5017 5025

District 003 Madison County
Tract: 204 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 20 18 2019 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 Tract: 205 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 lOll 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1998 1999 BG: 5 5010 5011 5012 5013 5018 5019 5020 5022 5023 5024 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5999 BG: 6 6027 6029 6030 6031 6032 6033 6034 6035

District 004 Madison County
Tract: 201

3590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BG:3 3014 Tract: 202 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3024 3025 3026 3027 3028 3029 3030 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3064 3065 3066 3067 3068 3999 BG:4 4000 Tract: 203 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 lOll 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1124 1125 1126 1127 1128 1129 1130 1131 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1997 1998 1999 BG:2 Tract: 206
District 005 Madison County
Tract: 203 BG: 1 1030 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 l 082 1083 1084 l 085 1086 1087 1088 l 089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 llOO 1101 1102 1103 1104 1105 1106 1107 1108 ll 09 Ill 0 1111 1112 1113 1114 1115 1116 1117 1118111911201121 1122112311321133 1145 114611471148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1996 Tract: 204 BG:2 2000 200 1 2002 2020 BG:4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 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 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088

GEORGIA LAWS 2004 SESSION
4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4999 Tract: 205 BG: 1 1000

3591

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2004 regular session of the General Assembly of Georgia a bill to amend an Act creating a board of education ofMadison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), as amended, particularly by an Act approved April 25, 2002 (Ga. L., 2002, p. 4421 ), so as to make technical changes in said 2002 amendatory Act; to revise the numbering of the education districts in such amendatory act; to ratify and confirm, to the maximum extent possible, any election previously held under the provisions ofsuch amendatory Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 20 day of February, 2004.
Is/ Ralph T. Hudgens State Senator, District 47
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Hudgens, who on oath deposes and says that he is the Senator from District 47 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Danielsville Monitor News which is the official organ ofMadison County on February 26, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RALPH HUDGENS Ralph Hudgens Senator, District 47

3592 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this lst day of March, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2005 (SEAL)
Approved May 17, 2004.
CARROLL COUNTY- BOARD OF ELECTIONS; NAME CHANGE; POWERS AND DUTIES; COMPOSITION AND SELECTION; ELECTION SUPERVISOR AND EMPLOYEES; OFFICES.
No. 618 (Senate Bill No. 589).
AN ACT
To amend an Act providing for the Carroll County Board of Elections, approved April29, 1997 (Ga. L. 1997, p. 4592), so as to change the name of said board and to change the functions of said board to include powers and duties of boards of registrars and relieve the Board ofRegistrars of Carroll County of such powers and duties; to change the composition and method of selection of board members and change terms of office; to provide for resignations and removal; to provide for an election supervisor and employees; to provide for offices and equipment; to provide for performance of certain municipal functions and duties; to provide for a submission and effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the Carroll County Board of Elections, approved April 29, 1997 (Ga. L. 1997, p. 4592), is amended by striking Section l thereof and inserting in its place the following:
"SECTION l. There is created in and for Carroll County the Carroll County Board of Elections which shall succeed to all the powers and duties of that board of elections established in and for counties having a population of not less than 45,000 and not more than 50,000, according to the 1970 United States decennial census or any future such census pursuant to an Act approved March 28, 1974 (Ga. L. 1974, p. 3556), as amended. The Carroll County Board of Elections so

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created, sometimes referred to in this Act as the 'board,' is empowered with the powers and duties of the election superintendent relating to the conduct of primaries and elections and, upon the date this section becomes effective in 2004, shall be designated as the Carroll County Board ofElections and Registration and also be empowered with the powers and duties of the Carroll County Board of Registrars relating to the registration of voters and absentee ballot procedures.'

SECTION2. Said Act is further amended by striking Sections 2 and 3 thereof and inserting in their place the following:

"SECTION 2. (a) The terms of office of members of the board serving as such on June 30, 2004, shall expire on July 1, 2004, or the date the third member of the newly constituted three-person board is appointed and takes office pursuant to subsection (b) of this section, whichever date is later. If the three members of the newly constituted board have not been appointed and taken office by July 1, 2004, the holdover members of the five-person board shall exercise the powers of the board until the three members of the newly constituted board have taken office. (b) Except as provided in subsection (a) of this section, the board shall be composed of three members, each of whom shall be an elector and a resident of Carroll County. All members of the board shall be appointed by the Board of Commissioners of Carroll County. (c) The initial term of office of one member of the newly constituted board, as designated in that person s appointment, shall expire December 31, 2005; the initial term of one member of the newly constituted board, as designated in that person s appointment, shall expire December 31, 2006; and the initial term ofone member of the newly constituted board, as designated in that person s appointment, shall expire December 31, 2007. Successors to members whose terms of office expire shall be appointed as provided in subsection (b) of this section to serve for terms of office of three years each. Members shall serve the designated terms of office and until their respective successors are appointed and qualified. (d) Each board member shall be eligible to succeed himself or herself and shall have the right to resign at any time by giving notice of his or her resignation to the appointing body. Each member shall be subject to removal from the board at any time for cause, after notice and hearing by the Board of Commissioners of Carroll County.

SECTION 3. The Board of Commissioners of Carroll County shall appoint a person to serve as the election supervisor of Carroll County. Such position shall be full time and such person shall be paid a salary to be set by that board of commissioners and

3594 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
payable from county funds. The election supervisor shall generally direct and control the administration of elections and voter registration in Carroll County. The election supervisor shall be supervised by the board and shall be subject to removal by the board at any time for cause, after notice and hearing. Said removal shall be subject to approval by the Board of Commissioners of Carroll County. The election supervisor shall not be a member of the board or an elected official.'
SECTION 3. Said Act is further amended by adding between paragraphs (1) and (2) of Section 6 the following:
'( 1.1) It is empowered with all the powers and duties relating to the registration ofvoters and absentee balloting procedures as boards ofregistrars pursuant to the provisions ofChapter 2 ofTitle 21 ofthe O.C.G.A., the 'Georgia Election Code."
SECTION 4. Said Act is further amended by adding between Sections 7 and 8 thereof the following:
'SECTION 7.1. Effective on the date this section becomes effective in 2004, the Board of Registrars of Carroll 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 ofevery kind pertaining to such powers and duties.
SECTION 7.2. The board shall be authorized to employ such full-time and part-time employees, including a full-time chief clerk, with the consent of the governing authority of Carroll County.
SECTION 7.3. The governing authority of Carroll County shall provide the board and the election supervisor with proper and suitable offices and equipment.
SECTION 7.4. The board is authorized to perform for any municipality located wholly or partially within Carroll County any functions and duties which election superintendents and board of registrars are authorized by general1aw to perform on behalf of municipalities under such conditions as provided by general law.'

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SECTION 5. The governing authority ofCarroll 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.
SECTION6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION7. All laws and parts oflaws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act providing for the Carroll County Board of Elections, approved April29, 1997 (Ga. L. 1997, p. 4592), so as to change the name of said board and to change the functions of said board to include powers and duties ofboards ofregistrars and relieve the Board ofRegistrars of Carroll County of such powers and duties; to change the composition and method of selection of board members and change terms of office; to provide for resignations and removal; to provide for an election supervisor and employees; to provide for offices and equipment; to provide for performance of certain municipal functions and duties; to provide for a submission and effective date; and for other purposes.
This 23 day of February, 2004.
Senator Bill Hamrick 30th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hamrick, who on oath deposes and says that he is the Senator from District 30 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times-Georgian which is the official organ of Carroll County on February 26, 2004, and that the notice requirements of Code Section 28-l-14 have been met.

3596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ BILL HAMRICK Bill Hamrick Senator, District 30
Sworn to and subscribed before me, this 1st day of March, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17,2004.
AUGUSTA CANAL AUTHORITY- DEFINITION OF PROJECT AREA.
No. 619 (Senate Bill No. 617).
AN ACT
To amend an Act creating the Augusta Canal Authority, approved March 30, 1989 (Ga. L. 1989, p. 4750), as amended, so as to change a definition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Augusta Canal Authority, approved March 30, 1989 (Ga. L. 1989, p. 4750), as amended, is amended by striking paragraph (6) of Section 2, relating to definitions, and inserting in its place the following:
"(6) 'Project area' means the right of way of the Augusta Canal and any contiguous tract of land, a portion of which fronts on either side of the Augusta Canal, or any structure linking a tract of land on one side of the Augusta Canal to a tract of land on the opposite side of the Augusta Canal. A contiguous tract of land is deemed to mean any parcel or parcels of land which are contiguous except for the interposition of a road, street, stream, or similar property. Otherwise, parcels are contiguous if their boundaries meet at one or more points.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act creating the Augusta Canal Authority, approved March 30, 1989 (Ga. Laws, p. 4750), as amended; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randy Hall, who on oath deposes and says that he is the Senator from District 22 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Augusta Chronicle which is the official organ of Richmond County on February 29, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RANDY HALL Randy Hall Senator, District 22

Sworn to and subscribed before me, this 1st day of March, 2004.

sl DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)

Approved May 17, 2004.

CITY OF CARROLLTON- LEVY OF SCHOOL TAX; REFERENDUM.
No. 620 (Senate Bill No. 631 ).
AN ACT
To amend an Act creating a charter for the City of Carrollton, approved September 9, 1891 (Ga. L. 1890-91, Vol. II, p. 474), as amended, particularly by an Act approved April6, 1981 (Ga. L. 1981, p. 4172), so as to provide for the levy of a school tax by the mayor and council of the City of Carrollton for that city. s independent school system and for limitations relating thereto; to provide for a

3598 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. An Act creating a charter for the City of Carrollton, approved September 9, 1891 (Ga. L. 1890-91, Vol. II, p. 474), as amended, particularly by an Act approved April6, 1981 (Ga. L. 1981, p. 4172), is amended by striking the quoted material in Section l of said amendatory Act of 1981 and inserting in its place the following:
The board of education of the independent school system of the City of Carrollton shall annually certifY to the mayor and council ofsaid city a school tax not greater than 20 mills per dollar for the support and maintenance ofeducation. The mayor and council of the City of Carrollton shall in its discretion proceed to levy and collect such amount as it may deem necessary for school purposes by levy and collection of same as other taxes are collected, but on and after July l, 2005, that mayor and council shall annually levy the amount certified by the board of education of the independent school system of the City of Carrollton as the school tax for the support and maintenance of education upon the assessed value of all taxable property within the City of Carrollton school district as long as the amount so certified does not exceed 20 mills per dollar. That mayor and council, through its collection officer, shall be required to pay the same over to the treasurer of the board of education of said city from time to time as necessary for the operation of said schools which shall then constitute a fund to be expended by said board in payment of all legitimate expenses in running, operation and maintenance of said schools. If these provisions of this 2004 Act become effective in 2004, those provisions of HB 1752 enacted in 2004 as paragraph (2) of subsection (a) of Section 4-l 0 l and subsection (b) of Section 4-101, which require referendum approval of certain tax levies by the mayor and council of the City of Carrollton, are automatically repealed upon the date the provisions of this 2004 Act become effective in 2004:
SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Carrollton 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 Carrollton school district for approval or rejection. The election superintendent shall conduct that election on the date of the November general election in 2004 and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Carroll County. The ballot shall have written or printed thereon the words:

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"YES ( ) Shall the Act be approved which requires the mayor and council of the City of Carrollton to levy the amount certified by the board of
NO ( ) education ofthe independent school system ofsaid city as the school tax as long as that amount is not more than the 20 mills per dollar limit already established for such tax?"
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 approval of the Act, Section 1 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, 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 Carrollton. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except for Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 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.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act creating a charter for the City of Carrollton, approved September 9, 1891 (Ga. L. 1890-91, Vols. II, p. 474), as amended particularly by an Act approved April 1981 (Ga. L. 1981, p. 4172), and for other purposes.
This 17th day of March, 2004.
Senator Bill Hamrick 30th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hamrick, who on oath deposes and says that he is the Senator from District 30 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Daily Times- Georgian which

3600 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
is the official organ of Carroll County on March 19, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BILL HAMRICK Bill Hamrick Senator, District 30
Sworn to and subscribed before me, this 22nd day of March, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.
CITY OF BOWMAN- CITY COUNCIL; QUORUM; VOTING; ORDINANCES; MAYOR; POWERS AND DUTIES.
No. 623 (House Bill No. 1801).
AN ACT
To amend an Act providing a new charter for the City of Bowman, approved May 1, 2002 (Ga. L. 2002, p. 5426), so as to change provisions relating to the quorum and voting procedures for the city council; to change provisions relating to ordinance form and procedures; to change provisions relating to the powers and duties of the mayor; 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 Bowman, approved May 1, 2002 (Ga. L. 2002, p. 5426), is amended by striking in its entirety Section 2.21 and inserting in lieu thereof a new Section 2.21 to read as follows:

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"SECTION 2.21. Quorum: voting.

Four councilmembers 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 a majority of those attending shall be required for the adoption ofany ordinance, resolution, or motion. An abstention shall be counted as an abstention and shall not be counted as an affirmative or negative vote."

SECTION 2. Said Act is further amended by inserting at the end of Section 2.22 a new subsection (c) to read as follows: "(c) All ordinances shall become effective on the third calendar day following approval by the council."

SECTION 3. Said Act is further amended by striking in its entirety Section 2.29 and inserting in lieu thereof a new Section 2.29 to read as follows:

"SECTION 2.29. Powers and duties of the mayor.

The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts with the advice and consent of the city council and all ordinances; (5) Vote on matters before the city council but only in the case of a tie and be counted toward a quorum in accordance with Section 2.21 of this charter; (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 may be required by law, this charter, or ordinance."

SECTION 4. Said Act is further amended by striking in its entirety Section 2.30 and inserting in lieu thereof the following:

3602 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
'SECTION 2.30. Reserved.'
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE
Notice is hereby given that there will be introduced at the 2004 regular session of the General Assembly of Georgia a bill to amend an Act consolidating, creating, revising and superseding the several Act incorporating the City of Bowman, and creating a new charter, August 22, 1907 (Ga. L. 1907, pp. 438-467), as amended, so as to change the provisions relating to the quorum and voting procedures for the City Council; to change the provisions relating to the powers and duties of the mayor; and for other purposes.
Is/ Tom McCall Representative, District 78
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 which is the official organ of Elbert County on March 10, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
sf TOM MCCALL Tom McCall Representative, District 78
Sworn to and subscribed before me, this 15th day of March, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.

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CLAY COUNTY- HOMESTEAD EXEMPTION; SENIOR CITIZENS; SCHOOL TAXES; REFERENDUM.

No. 625 (House Bill No. 1146).

AN ACT

To provide a homestead exemption from Clay County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(l) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, er on behalf of the Clay County school district, including, but not limited to, ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the 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. (3) "Senior citizen" means a person who is 66 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of the Clay County school district who is a senior citizen is granted an exemption on that person s homestead from all Clay County school district ad valorem taxes for educational purposes in the amount of the full value of that homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the tax commissioner of Clay 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 regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner 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

3604 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty ofany person granted the homestead exemption under this Act to notify the tax commissioner of Clay County 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 any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to Clay County school district ad valorem taxes for educational purposes. (f) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2005.
SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Clay County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Clay County school district for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November, 2004, 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 Clay County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Clay County school district ad valorem taxes for educational
NO ( ) purposes for the full value of the homestead for residents of that school district who are 66 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, Section 1 of this Act shall become of full force and effect on January 1, 2005. If the Act is not so approved or ifthe election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Clay County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to provide a homestead exemption from Clay County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; 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 Clay County on January 8, 2004, 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 12th day of January, 2004.
sl SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.

3606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF CARNESVILLE - CORPORATE LIMITS.
No. 626 (House Bill No. 1794).
AN ACT
To amend an Act providing a new charter for the City of Carnesville, approved Aprill3, 2001 (Ga. L. 2001, p. 3834), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Carnesville, approved April 13, 2001 (Ga. L. 2001, p. 3834), is amended by adding at the end of Section 1.11, relating to corporate boundaries, a new subsection (c) to read as follows:
"(c) In addition to the corporate boundaries described in subsection (a) of this section, the corporate boundaries of the city shall also include the following described territory:
'All that tract or parcel of land lying and being in the 264th District, G.M., Franklin County, Georgia, CONTAINING 4.67 ACRES, more or less, and being bounded, now or formerly, as follows: On the North by Old Bowersville Road (County Road No. 57); on the East and Southeast by County Road No. 384 (Stone Bridge Road); on the South by Royston Road (State Route No. 145); and on the West by the centerline of a branch.
Said Tract being more particularly described and designated at Tract No. 2 on that certain Plat of Survey dated November 8, 1994, by Russell N. Bartlett, Bartlett & Cash Land Surveyors, Inc., Georgia Registered Land Surveyor No. 2114, "Survey For: Gerald Voyles" filed for record in Plat Book 21, Page 34, Public Land Records maintained in the office of the Clerk of the Superior Court for Franklin County, Georgia. Reference is hereby made to the aforesaid Plat of Survey and the record thereoffor the purpose oflocating the boundaries and dimensions of said tract and for all other purposes.'"
SECTION2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to annex into the City of Carnesville, in the County of Franklin, a certain portion of land located on Ga. Hwy. 105 at its

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terminus with Stone Bridge Road, more particularly described in a plat of survey that may be inspected at Carnesville City Hall, Carnesville City Hall, Carnesville, Georgia, 30521; to provide for all matters related thereto; and for all other purposes.

This 8th day of March, 2004.

MichaelS. Green Attorney for the City of Carnesville

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 Franklin County Citizen which is the official organ of Franklin County on March 11, 2004, 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 11th day of March, 2004.

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

Approved May 17, 2004.

STEPHENS COUNTY- STEPHENS COUNTY HISTORIC COURTHOUSE RESTORATION AUTHORITY; CREATION.
No. 627 (House Bill No. 1796).
AN ACT
To create the Stephens County Historic Courthouse Restoration Authority; to provide for a definition; to provide for the purpose and powers of the authority; to provide for appointment, eligibility, and terms of members of the authority; to

3608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provide for organization, quorum, meetings, and expenses of the authority; to provide for rules and regulations; to provide for agents and employees; to provide for accountability and for financial and other records; to provide for audits; to limit the powers of the authority; to provide for open meetings and public records; to provide for judicial jurisdiction; to provide that the powers of the authority are supplemental; to provide for liberal construction; to provide an effective date; to provide for the automatic repeal ofthis Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. As used in this Act, the term "project" means land, buildings, furnishings, equipment, and facilities located or to be located in Stephens County, Georgia, on the property known as the Stephens County Historic Courthouse.
SECTION2. There is created a body corporate and politic to be known as the Stephens County Historic Courthouse Restoration Authority which shall be deemed to be an instrumentality of the State ofGeorgia and a public corporation, and, by that name, style, and title such body shall contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts oflaw and equity. The purpose of the authority shall be for the restoration of the Stephens County Historic Courthouse. In carrying out that purpose, the authority shall solicit assistance from persons and organizations interested in supporting, financially and in other ways, the projects of the authority.
SECTION 3. (a) The authority shall consist of five members who shall be appointed by the governing authority of Stephens County, Georgia. One member of the board of commissioners shall be appointed to serve on the authority. One member shall be appointed from the Stephens County Historical Society. Each member of the authority shall be appointed for a term ofone year and until such person's successor is appointed or qualified. (b) The members of the authority shall organize and enter upon the performance of their duties immediately after the effective date of this Act. The authority shall elect from its members a chairperson and a vice chairperson. The officers shall serve for such terms as shall be prescribed by the rules of the authority or until their successors are appointed and qualified. (c) Three members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all ofthe duties of the authority at every meeting, but in every instance, the affirmative vote of at least three members of the authority shall be required to authorize any legal act of the authority.

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(d) The members of the authority shall not be entitled to compensation for their services, but the members shall be reimbursed by the authority for their actual expenses in attending any meeting of the authority, which reimbursement shall be at the same rate as that provided to members of boards and commissions under Code Section 45-7-21 of the O.C.G.A. The authority shall make rules and regulations for its own government, but the authority may not employ professional staff or technical supervisors, assistants, experts, or any other agents and employees, temporary or permanent. The authority shall also establish the policies, rules, and regulations for the operation of its projects as it may require. The members of the authority shall be accountable in all respects as trustees, and the authority shall keep suitable books and records of all its obligations, contracts, transactions, undertakings, income, receipts of every kind and nature, and expenditures of every kind. The financial books and records of the authority shall be audited annually by the same auditor employed to audit the books and records of the Stephens County government. The audit shall be paid for by the authority, and copies of the audit shall be furnished to the Board of Commissioners. of Stephens County. The audit shall be a public record.

SECTION 4. The authority shall have the power to:
( 1) Adopt and alter a corporate seal; (2) Construct, reconstruct, acquire, equip, own, alter, repair, maintain, add to, extend, improve, operate, and manage projects to restore the Stephens County Historic Courthouse; (3) Acquire in its own name by purchase or lease from Stephens County, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein, any personal property necessary or convenient for its corporate purposes and use; (4) Contract with the State of Georgia and the agencies, instrumentalities, departments, and political subdivisions thereof and with private persons or corporations in such manner as may be necessary or convenient to accomplish the purposes of this Act, including but not limited to contracts for constructing, leasing, acquiring, equipping, altering, repairing, maintaining, adding to, extending, improving, upgrading, and managing projects; (5) Exercise the powers provided by Code Section 45-9-1 of the O.C.G.A. to procure policies of liability insurance and contracts of indemnity to insure or indemnify members of the authority and its officers and employees against personal liability for damages arising out of the performance of their duties or any way connected therewith to the extent that such members, officers, or employees are not immune from such liability; (6) Make contracts and execute all instruments necessary or convenient in connection therewith; and (7) Adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted.

3610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5. The authority shall not have the power of eminent domain. The authority shall not have the power to issue revenue bonds or certificates ofparticipation. The authority shall not have the power to incur any indebtedness in or for the purpose of the acquisition of real or personal property.
SECTION 6. All meetings of the authority shall be conducted in accordance with Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings. Records of the authority shall constitute public records in accordance with Article 4 of Chapter 8 ofTitle 50 of the O.C.G.A., relating to inspection of public records.
SECTION 7. Any action brought against the authority shall be brought in the Superior Court of Stephens County and such court shall have exclusive jurisdiction of such action.
SECTION 8. The provisions of this Act shall be deemed to provide an additional and alternative method for the doing of things authorized by this Act and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing.
SECTION 9. This Act, being for the welfare of Stephens County and its citizens, shall be liberally construed to effect the purposes of this Act.
SECTION 10. (a) This Act shall become effective on July 1, 2004. (b) This Act shall stand repealed in its entirety on July 1, 2014.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to create the Stephens County Historic Courthouse Restoration Authority; to provide for a definition; to provide for the purpose and powers of the authority; to provide for appointment, eligibility, and terms of members of the authority; to provide for organization, quorum, meetings, and expenses of the authority; to provide for rules and regulations; to provide for agents and employees; to provide for accountability and for financial and other records; to provide for audits; to limit the powers of the authority; to provide for

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open meetings and public records; to provide for judicial jurisdiction; to provide that the powers of the authority are supplemental; to provide for liberal construction; to provide an effective date; to provide for the automatic repeal ofthis Act; to repeal conflicting laws; and for other purposes.

This 4th day of March, 2004.

Representative Jeanette Jamieson 22nd District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who on oath deposes and says that she is the Representative from District 22 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County on March 9, 2004, and that the notice requirements of Code Section 28-l-14 have been met.

s/ JEANETTE JAMIESON Jeanette Jamieson Representative, District 22

Sworn to and subscribed before me, this 15th day of March, 2004.

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

Approved May 17, 2004.

CITY OF ROME- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; REFERENDUM.
No. 628 (House Bill No. 1798).
AN ACT
To amend an Act providing for a homestead exemption from City of Rome independent school district ad valorem taxes for educational purposes for certain

3612 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
residents of that school district, approved March 25, 1986 (Ga. L. 1986, p. 4530), as amended, particularly by an Act approved Aprill3, 2001, (Ga. L. 2001, p. 4006), so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a homestead exemption from City of Rome independent school district ad valorem taxes for educational purposes for certain residents of that school district, approved March 25, 1986 (Ga. L. 1986, p. 4530), as amended, particularly by an Act approved Aprill3, 2001, (Ga. L. 2001, p. 4006), is amended by striking Sections 2 and 2A and inserting in their places new Sections 2 and 2A to read as follows:
'SECTION 2. (a)(1) Each resident of the City of Rome independent school district who is at least 62 years of age but less than 65 years of age is granted an exemption on that person's homestead from all City of Rome independent school district ad valorem taxes for educational purposes in the greater ofthe following amounts:
(A) One-half of the full value of that homestead; or (B) Ten thousand dollars of the assessed value of that homestead. (2) For purposes of this subsection, the term 'homestead' shall include the dwelling in which the applicant resides, and a detached garage adjacent thereto, and not more than one acre ofthe land immediately surrounding such dwelling and garage. (b) The homestead exemption granted by subsection (a) of this section shall only be granted if that person's income, together with the income of all members of that person's family residing within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. (c) The value of the homestead in excess of such exempted amount shall remain subject to taxation.
SECTION 2A. (a) Each resident ofthe City ofRome independent school district who is 65 years of age or older is granted an exemption on that person's homestead from all City of Rome independent school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of that homestead. For purposes of this subsection, the term 'homestead' shall include the dwelling in

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which the applicant resides, and a detached garage adjacent thereto, and not more than one acre of the land immediately surrounding such dwelling and garage. (b) The value of the homestead in excess of such exempted amount shall remain subject to taxation."

SECTION 2. The exemption granted by this Act shall apply to all taxable years beginning on or after January l, 2004.

SECTION3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Rome shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Rome independent school district for approval or rejection. The municipal election superintendent shall conduct that election on the date ofthe state-wide general primary in July, 2004, and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereofin the official organ ofFloyd County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which changes the current homestead exemptions from City of Rome independent school district ad
NO ( ) valorem taxes for educational purposes for that school district for residents of that school district who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and for residents who are 65 years of age or older regardless of income to also apply to adjacent detached garages?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections l and 2 of this Act shall become of full force and effect immediately, and shall be applicable to all taxable years beginning on or after January 1, 2004. If Sections l and 2 of this Act are not so approved or if the election is not conducted as provided in this section, Sections l and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City ofRome. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 4. Except as otherwise specified in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

3614 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 2004 session of the General Assembly of Georgia a bill to amend an Act providing for a homestead exemption from City of Rome independent school district ad valorem taxes for educational purposes for certain residents of that school district, approved March 25, 1986 (GA L. 1986 p. 4530), as amended, particularly by an Act approved Aprill3, 2001, (GAL. 2001, p. 4006), so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; and for other purposes.
This lOth day of March, 2004.
Paul E. Smith Representative 13th District, Post 2
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Smith, who on oath deposes and says that he is the Representative from District 13, Post 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County on March 12, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ PAUL E. SMITH Paul E. Smith Representative, District 13, Post 2
Sworn to and subscribed before me, this 15th day of March, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

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My Commission Expires Nov. 18, 2005
(SEAL)

Approved May 17, 2004.

CITY OF HOLLY SPRINGS -REDEVELOPMENT POWERS; REFERENDUM.
No. 629 (House Bill No. 1810).
AN ACT
To authorize the City of Holly Springs to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. The City of Holly Springs shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of Holly Springs to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Holly Springs to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."
SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Holly Springs shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Holly Springs for approval or rejection. The 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 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

3616 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the official organ of Cherokee County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which authorizes Holly Springs to exercise redevelopment powers under the 'Redevelopment Powers
NO ( ) Law,' as it may be amended from time to time?'' All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section I of this Act is not so approved or if the election is not conducted as provided in this section, Section I 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 Holly Springs. It shall be the election superintendent" s duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
A BILL TO BE ENTITLED AN ACT
To authorize City of Holly Springs to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
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 7, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHIP ROGERS Chip Rogers Representative, District 15

GEORGIA LAWS 2004 SESSION
swom to and subscribed before me, this 17th day of March, 2004.
s/ SUSAN GORDON Susan Gordon NotarY Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.

3617

BRANTLEY COUNTY-WASTE COLLECTION AND DISPOSAL; ADVISORY REFERENDUM.
No. 630 (House Bill No. 1816).
AN ACT
To provide for an advisory referendum election to be held in Brantley County for the purpose of submitting to the qualified voters of the county the question of the manner in which the county should cause the collection and disposal ofthe county s residential waste; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. It is found, determined, and declared that the holding of the advisory referendum election provided for in this Act is in all respects for the benefit of the people of Brantley County and is for a public purpose and is an essential govermnental function for which public funds may be expended.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Brantley County shall call and conduct an election as provided in this section for the purpose of submitting advisory questions to the voters of Brantley County for approval or rejection. The election superintendent shall conduct the election on the date of the state-wide general primary election in July, 2004, and shall issue the call and conduct the election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Brantley County. The ballot shall have written or printed thereon the following questions from which the voter shall make one selection:

3618 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Choose only one:
( ) Shall the county establish a door-to-door collection system for the disposal of the residential wastes in the county and impose a fee to cover the cost of such collection and disposal system?
( ) Shall the county collect and dispose ofthe county's residential waste through the existing dumpster system with the imposition of a fee to cover the cost of such collection and disposal system?"
It shall be the election superintendent's duty to tabulate the result of this election and certify that result to the Secretary of State.
SECTION3. Whichever residential waste collection system receives the majority of the votes cast in the election will be presented to the Board of Commissioners of Brantley County as the voters' preference in the advisory referendum but the voters' preference shall not be binding on the Board ofCommissioners ofBrantley County.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to authorize an advisory referendum on collection of residential waste in Brantley County; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who on oath deposes and says that he is 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 Brantley Enterprise which is the official organ of Brantley County on March 11, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
sf TOMMY SMITH Tommy Smith Representative, District 129, Post 2

GEORGIA LAWS 2004 SESSION
sworn to and subscribed before me, this 19th day of March, 2004.
sf DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.

3619

JACKSON COUNTY- BOARD OF EDUCATION; DISTRICTS; MEMBERSHIP; SUPERINTENDENT; SELECTION; REFERENDUM.
No. 631 (House Bill No. 1817).
AN ACT
To reconstitute the law governing the Jackson County School System; to provide for the repeal ofthe amendment to the Constitution providing for matters regarding the selection and service of members of the board of education of Jackson County and the school superintendent, which amendment was proposed by 1980 House Resolution No. 730-1753; Resolution Act No. 247 (Ga. L. 1980, p. 2276) and was continued in force and effect by an Act approved March 28, 1986 (Ga. L. 1986, p. 5061 ); to provide for matters regarding the future selection and service of members of the board of education of Jackson County and the school superintendent; to provide for education districts for the election ofmembers, terms of office, vacancies, and other related matters; to provide for a referendum with respect to the effectiveness of the foregoing; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. The amendment to the Constitution providing for matters regarding the selection and service ofmembers ofthe board of education ofJackson County and the school superintendent, which amendment was proposed by 1980 House Resolution No. 730-1753; Resolution Act No. 247 (Ga. L. 1980, p. 2276) and was continued in force and effect by an Act approved March 28, 1986 (Ga. L. 1986, p. 5061) is hereby repealed.

3620 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. (a) The board of education of Jackson County shall be composed of five members to be elected as provided in this Act. The term of each board member shall be four years. For the purpose ofelecting such members, Jackson County is hereby divided into those education districts as presently constituted on the effective date of this Act, excluding any area of Jackson County presently within the territorial boundaries of any independent school system in existence on the effective date of this Act. (b) There shall be one member of the board elected from each of the five education districts described above. Each such member shall be elected by a majority of the voters voting within the boundaries of each respective education district, provided that only the voters residing outside boundaries of any independent school system in existence at the time such election is to be held shall be eligible to vote for any member of the board. Any person offering as a candidate to represent an education district on the board must reside in the district from which he or she offers and cannot reside within the territorial limits of any independent school system which is in existence on the date such election is to be held. No person shall be eligible for membership on the board unless he or she has resided in the education district from which he or she offers as a candidate for at least one year immediately preceding the date of the election. If any member of the board shall change his or her residence from the education district that he or she represents, he or she shall no longer represent that district and a successor shall be elected as provided herein.
SECTION 3. In case of a vacancy on the board for any cause other than expiration of a term of office, the board shall be authorized to appoint a successor to fill such vacancy until the next general election and, at the time ofsuch general election, the person elected to fill such vacancy shall serve the remainder of the unexpired term. If, however, less than 60 days remain until the next general election from the time such vacancy is created, then the board in its discretion may elect to allow said vacancy to exist until the general election.
SECTION 4. The members ofthe board ofeducation of Jackson County in office on the date that this Act is approved by the qualified voters of Jackson County shall continue to serve the remainder of their terms. Any person who qualifies for and is elected in the same election in which this law is approved by the qualified voters of Jackson County shall be allowed to serve the entire term for which that person was elected.
SECTIONS. All elections for future board members shall be held at the general election at which other county officers are elected in the year during which such member s term is to expire, and the person receiving the majority of the votes cast at said election shall take office on the first day of January immediately following their election.

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SECTION 6. AnY change in the education districts for election of members of the board as they presently exist shall be made by Act of the General Assembly.

SECTION 7. The board of education of Jackson County created herein shall have territorial jurisdiction over all o~ the area l~ing within the boundaries of Jackson County and outside ofthe boundanes of any mdependent school system m existence on the date this law is approved by a majority of the eligible voters in Jackson County.

SECTION 8. The superintendent of the Jackson County School System shall be appointed by a majority vote of the board of education of Jackson County, as created in this law, and shall serve at the pleasure of said board of education. Any person, to be eligible to serve as superintendent, shall meet all requirements of law and of the State Board of Education for the State of Georgia for such office.

SECTION 9. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Jackson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Jackson County School District for approval or rejection. The 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 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 Jackson County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which reconstitutes the law governing the Jackson County School System and repeals the amendment to the
NO ( ) Constitution providing for matters regarding the selection and service ofmembers ofthe board ofeducation ofJackson County and the school superintendent, which amendment was proposed by 1980 House Resolution No. 730-1753; Resolution Act No. 247 (Ga. L. 1980, p. 2276) and was continued in force and effect by an Act approved March 28, 1986 (Ga. L. 1986, p. 5061)?"
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 l through 8 ofthis Act shall become of full force and effect January 1, 2005. If the Act is not so approved or if the election is not conducted as provided in this section, Sections l through 8 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 Jackson County. It

3622 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 10. The board ofeducation ofJackson 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 11. This Act shall become effective upon its approval by the Governor, except that Sections 1 through 8 of this Act shall become effective January 1, 2005, only if approved at the election provided for in Section 9 of this Act.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to reconstitute the law governing the Jackson County school system; to provide for the repeal of the amendment to the constitution providing for matters regarding the selection and service of members of the board of education of Jackson County and the school superintendent, which amendment was proposed by 1980 House Resolution No. 730-1753; Resolution Act No. 247 (Ga. L. 1980, p. 2276) and was continued in force and effect by an Act approved March 28, 1986 (Ga. L. 1986, p. 5061); to provide for matters regarding the future selection and service of members of the board of education of Jackson County and the school superintendent; to provide for education districts for the election ofmembers, terms ofoffice, vacancies, and other related mattes; to provide for a referendum with respect to the effectiveness of the foregoing; 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 10, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2004 SESSION
s/ CHRIS ELROD Chris Elrod Representative, District 25
sworn to and subscribed before me, this 17th day of March, 2004.
s! DEANA COKER
Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.

3623

TOWN OF MITCHELL- NEW CHARTER
No. 632 (House Bill No. 1818).
AN ACT
To provide a new charter for the Town of Mitchell; 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 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 town attorney, a town clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court s jurisdiction, powers, practices, and procedures; to provide for the right of certiorari and appeal; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters

3624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
relative to the foregoing; to repeal specific Acts; to provide for severability; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This town and the inhabitants thereof, are reincorporated by the enactment of this charter and are constituted and declared a body politic and corporate under the name and style Town of Mitchell, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of this town shall be those existing on the effective date of the adoption of this charter with such alterations as rriay 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 town hall and to be designated as the case may be: "Official Map (or Description) of the corporate limits of the Town of Mitchell, Georgia." Photographic, typed, or other copies of such map or description certified by the 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 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 which it is designated to replace.
SECTION 1.12. Powers and construction.
(a) This town shall have all powers possible for a town to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This town shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this town.

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SECTION 1.13. Examples of powers.

The powers of the town shall include, but not be limited to, the following: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the 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; (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 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 town taxes or fees; (5) Condemnation. To condemn property, 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 now 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 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; (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 oferosion 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

3626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (l 0) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the town from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (ll) 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; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to 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; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) 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; (15) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (16) Municipal debts. To appropriate and borrow money for the payment of debts of the town and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (17) 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 town; (18) Municipal property protection. To provide for the preservation and protection ofproperty and equipment of the town and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; ( 19) 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;

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(20) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (21) 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; (22) Planning and zoning. To provide comprehensive town planning for development by zoning; and to provide subdivision regulation and the like as the town council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (23) 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; (24) 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; (25) 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 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 now or may hereafter be enacted; (26) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (27) 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 ofservice 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; (28) 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; (29) Retirement. To provide and maintain a retirement plan for officers and employees of the town; (30) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; and to grant franchises and rights of way throughout the streets and roads, and over the

3628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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; (31) 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 ofthe 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; (32) Solid waste disposal. To provide for the collection and disposal ofgarbage, 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; (33) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, and adult bookstores; (34) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (35) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (36) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (37) Taxicabs. To regulate and license vehicles operated for hire in the town; to limit the number ofsuch 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; (38) 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; 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 of Georgia; and no listing ofparticular powers in this charter shall be held to be exclusive of others, nor restrictive of

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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. Ifthis charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. Town council creation; number; election.

The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and five councilmembers. The town council established shall in all respects be 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.

SECTION 2.11. 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 qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the town for 12 months prior to the date ofelection ofmayor or members ofthe council and be at least 21 years of age; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this town.

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 ofthe O.C.G.A., or such other applicable laws as are now or may hereafter be enacted.

3630 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder ofthe unexpired term, if any, by appointment ifless than 12 months remain in the unexpired term, otherwise by an election, as provided for in Section 4.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A. or such other laws as are now 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 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) Except as authorized by law, the mayor or any councilmember shall not hold any other town office or town employment during the term for which that person was elected. (c) Neither the mayor nor any member of the town council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, the town council may make inquiries and investigations into the affairs of the town and the conduct of any department, office, or agency thereofand, 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. The inquiries and investigations authorized may only be conducted by the council, not individual councilmembers, and only for the purposes of an official investigation.
SECTION 2.16. General power and authority of the town council.
Except as otherwise provided by law or this charter, the town council shall be vested with all the powers of government of this town.

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SECTION 2.17. Eminent domain.

The town council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and any other public improvements inside or outside the town and to regulate the use thereof, and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.

SECTION 2.18. Organizational meetings.

The town council shall hold an organizational meeting on the second Monday in January. The meeting shall be called to order by the town 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 (or councilmember, as the case may be) of this town and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."

SECTION 2.19. Regular and special meetings.

(a) The town council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the town council may be held on call of the mayor or three members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember' s presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the town council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Chapter 14 of Title 50 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

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SECTION 2.20. Rules of procedure.
(a) The town council shall adopt its rules of procedure and order of business consistent with the provisions ofthis 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 town council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum; voting.
The mayor and three councilmembers shall constitute a quorum or, in the absence of the mayor, the mayor pro tern. and three councilmembers 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 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 affmnative vote of a majority of those present shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall not be counted.
SECTION 2.22. Ordinance form; procedures.
(a) Any action of the council having a regulatory or penal effect or required to be done by ordinance under this charter, shall be done only by ordinance. Each ordinance shall be in written form before being introduced. The affirmative vote of at least three votes shall be required to pass any resolution or ordinance. After adoption of ordinances, the town clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose. No ordinance, except in the case of an emergency ordinance which shall be stated in the ordinance, shall be approved and adopted until it shall have been read at two consecutive meetings not less than seven days apart, one of which readings must be at a regular monthly meeting. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a

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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 oflaw shall be enacted by ordinance. Unless this charter requires the act to be done by ordinance, it generally may be done by resolution.

SECTION 2.24. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the town council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing 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 councilrnembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Chapter 14 of Title 50 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.

SECTION 2.25. Codes of technical regulations.

(a) The town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:

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(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 ofeach adopted code oftechnical 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 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 Mitchell, 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 a successor is elected and qualified. The mayor shall be a qualified elector of this town and shall have been a resident of the town for 12 months prior to the election and be at least 21 years of age. The mayor shall continue to reside in this town during the period ofservice. The mayor shall forfeit the office on the same grounds and under

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the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.

SECTION 2.28. Mayor pro tern.

By a majority vote, the town council shall elect a councilmember to serve as mayor
pro tem. The mayor pro tern. 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 town council. The mayor pro tem. shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter.

SECTION 2.29. Powers and duties of mayor.

The mayor shall: (1) See that all laws and ordinances of the town are faithfully executed; (2) Call special meetings of the town council as provided for in subsection (b) of Section 2.19 of this charter; (3) Preside at all meetings of the town council; (4) Exercise supervision over all executive and administrative work of the town and provide for the coordination of administrative activities; (5) 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; (6) Have the power to administer oaths and to take affidavits; (7) 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; (8) Vote on matters before the town council and be counted toward a quorum as any other councilmember; (9) Prepare and submit to the town council a recommended annual operating budget and recommended capital budget; and (10) Fulfill such other executive and administrative duties as the town council shall by ordinance establish.

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ARTICLE III ORGANIZATIONAL AND GENERAL PROVISIONS
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 and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the town, as necessary for the proper administration of the affairs and government of 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 appointed officers and directors of departments shall receive such compensation as agreed upon by the town council from time to time. (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 ofappointment by the town council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.
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 ofoffice, or manner of appointment is prescribed by this charter or by law. (c) The town council may provide for the compensation and reimbursement of 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.

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(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. (f) All board, commission, and authority members serve at will and may be removed at any time by a vote of a majority of the members of the town council unless otherwise provided by law. (g) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town shall elect one of its members as 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. Each board, commission, or authority ofthe town government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the town, or law as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the town.

SECTION 3.12. Town attorney.

The mayor and council shall appoint a town attorney, together with such assistant town attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for providing for the representation and defense of the town in all litigation in which the town is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the town council, mayor, and other officers and employees of the town concerning legal aspects of the town s affairs; and shall perform such other duties as may be required by virtue of the persons position as town attorney.

SECTION 3.13. Town clerk.

The mayor and council shall appoint a town clerk who shall not be a councilmember. The town clerk shall be custodian of the official town seal and town records; maintain town council records required by this charter; and perform such other duties as may be required by the town council.

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 ELECTIONS AND REMOVAL
SECTION 4.10. 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 4.11. Election of the town council and mayor.
(a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two councilmembers at one election and at every other election thereafter. The remaining town council seats shall be filled at the election alternating with the first election so that a continuing body is created. For the purpose of electing members of the council, the Town of Mitchell shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which such person seeks election. Such posts shall be numbered as follows:
(1) The seat held by Jacky Haywood on January l, 2004, shall be designated Post 1; (2) The seat held by W. A. Raley, Sr., on January I, 2004, shall be designated Post 2; (3) The seat held by Anthony Griswell on January 1, 2004, shall be designated Post 3; (4) The seat held by Hubert L. Pulliam on January 1, 2004, shall be designated Post 4; (5) The seat held by Mary Howell on January 1, 2004, shall be designated Post 5. (c) The mayor in office on January 1, 2004, or any person selected to fill a vacancy in that office whose term normally expires on December 31, 2005, shall remain in office until December 31, 2005, and until such mayor s successor is elected and qualified. On the Tuesday next following the first Monday in November of2005, and every four years thereafter, the successor to such mayor shall be elected and shall serve for a term of office of four years and until such mayor s successor is elected and qualified and shall take office on the first day ofJanuary following such mayor s election. (d) The councilmembers representing Posts 3, 4, and 5 in office on January 1, 2004, or any person selected to fill a vacancy in any such office whose terms normally expire on December 31, 2005, shall remain in office until December 31, 2005, and until their successors are elected and qualified. On the Tuesday next

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following the first Monday in November of 2005, the successors to such three councilmembers shall be elected and shall serve for terms ofoffice of two years and until their successors are elected and qualified and shall take office on the first day of January following their election. On the Tuesday next following the first Monday in November of 2007, and every four years thereafter, the successors to such three councilmembers shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day of January following their election. (e) The councilmembers representing Posts 1 and 2 in office January 1, 2004, or any person selected to fill a vacancy in any such office whose terms normally expire on December 31, 2005, shall remain in office until December 31, 2005, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of2005, and every four years thereafter, the successors to such two councilmembers shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day of January following their election.

SECTION 4.12. 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 4.13. Election by plurality.

The person receiving a plurality of the votes cast for any town office shall be elected.
SECTION 4.14. Special elections; vacancies.

In the event that the office of the mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the town 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 town council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. 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.

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SECTION 4.15. 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 ofTitle 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 4.16. 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 now 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:
(I) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the town council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The town 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 charter shall have the right of appeal from the decision of the town council to the Superior Court of Glascock County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; (2) By an order of the Superior Court of Glascock County following a hearing on a complaint seeking such removal brought by any resident of the Town of Mitchell.
ARTICLE V JUDICIAL BRANCH
SECTION 5.10. Creation; name.
There shall be a court to be known as the Municipal Court of the Town of Mitchell.
SECTION 5.11. 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.

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(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 of21 years and shall possess all qualifications required by law. All judges shall be appointed by the town 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 town council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge s office to the best of the judge s ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the town council journal required in Section 2.20 of this charter.
SECTION 5.12. Convening.

The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 5.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all town ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking 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 such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance ofpersons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu ofbond for security for the appearance ofa defendant

3642 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 of the town, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the town.
SECTION 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 ofa judge ofthe Superior Court ofGlascock County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 5.15. Rules for court.
With the approval ofthe town council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration ofthe municipal court; provided, however, that the town council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the town clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.

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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 ofprincipal 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 shall establish a millage rate for the town property tax, a due date,
and the time period within which these taxes must be paid. The town council 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.

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

3644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The town council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of35 years and no franchise shall be granted unless the town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by the clerk. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the town council has the authority to impose a tax on gross receipts for the use of 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. Since a franchise is a contract creating property rights, in order for a town to collect a franchise fee there must be a contractual relationship between the town and the party from whom the fee is sought.
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 ofproviding or making available such services. Ifunpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The town council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. Ifunpaid, such charges shall be collected as provided in Section 6.18 ofthis charter.
SECTION 6.17. Construction; other taxes and fees.
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 charter shall not be construed as limiting in any way the general powers of this town to govern its local affairs.

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SECTION 6.18. Collection of delinquent taxes and fees.

The town council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fa. s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking town permits for failure to pay any town taXeS or fees; and providing for the assignment or transfer of tax executions.

SECTION 6.19. General obligation bonds.

The town council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

SECTION 6.20. Revenue bonds.

Revenue bonds may be issued by the town council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.

SECTION 6.21. Short-term loans.

The town may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.

SECTION 6.22. Lease purchase contracts.

The town may enter into multiyear lease, purchase, or lease purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the town at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are now or may hereafter be enacted.

3646 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.23. Fiscal year.
The town council shall set the fiscal year by ordinance or appropriate resolution. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the town government.
SECTION 6.24. Preparation of budgets.
The town council shall provide by ordinance or appropriate resolution the procedures and requirements for the preparation and execution of an annual operating budget and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Submission of budgets to town council.
On or before a date fixed by the town council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed operating and capital budget for the ensuing fiscal year. The budgets 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 budgets, explanations of major changes recommended for the next fiscal year, a general summary of the budgets, 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 ofthe town clerk and shall be open to public inspection.
SECTION 6.26. Action by town council on budget.
(a) The town council may amend the operating and capital budgets proposed by the mayor except that the budgets as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The town council by ordinance or appropriate resolution shall adopt the final operating budget for the ensuing fiscal year not later than December 3 I of each year. If the town council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the town council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations

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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 ofthis
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 town council shall levy by ordinance or appropriate resolution such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates ofrevenues 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 and capital budgets for defraying the expenses ofthe general government of this town.
SECTION 6.28. Changes in appropriations.

The town council, by ordinance or appropriate resolution, may make changes in the appropriations contained in the current operating and capital budgets, at any regular meeting, special, or emergency meeting called for such purpose but any additional appropriations may be made only from an existing unexpended surplus.

SECTION 6.29. Capital improvements.

(a) On or before the date fixed by the town council, but not later than 90 days prior to the beginning of each fiscal year, the mayor shall submit to the town 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 town council shall have power to accept, with or without amendments, or reject the proposed plan and budget. The town council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The town council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than 30 days prior to the beginning of that 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;

3648 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent audit.
The Town ofMitchell shall provide an annual report ofagreed upon procedures for that fiscal year. The agreed upon procedures shall include as a minimum: proof and reconciliation of cash, confirmation of cash balances, a listing of bank balances by bank, a statement of cash receipts and cash disbursements, a review of compliance with state law, and a report of agreed upon procedures. This agreed upon procedures report shall be in a format prescribed by the state auditor and shall constitute an annual audit report for purposes of and within the meaning of the requirements of Code Section 36-81-7 of the 0.C.G.A. Copies of annual financial reports shall be available at printing costs to the public.
SECTION 6.31. Contracting procedures.
No contract with the town shall be binding on the town unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the town attorney and, as a matter of course, is signed by the town attorney to indicate such drafting or review; and (3) It is made or authorized by the town council and such approval is entered in the town council journal of proceedings pursuant to Section 2.21 of this charter.
SECTION 6.32. Centralized purchasing.
The town council shall by ordinance prescribe procedures for a system of centralized purchasing for the town.
SECTION 6.33. Sale and lease of town property.
(a) The town council may sell and convey or lease any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The town council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both

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finding that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the town, the town council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS

SECTION 7.10. Bonds for officials.

The officers and employees of this town, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the town council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Prior ordinances.

All ordinances, resolutions, rules, and regulations now in force in the town not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the town council.

SECTION 7.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers ofthe town and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of90 days before or during which the existing town council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights,

3650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such town agencies, personnel, or offices as may be provided by the town council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Severability.
Ifany article, section, subsection, paragraph, sentence, or part thereofofthis charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
SECTION 7.16. Specific repealer.
An Act incorporating the Town of Mitchell in the County of Glascock, approved March 9, 1935 (Ga. L. 1935, p. 1127}, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.
SECTION 7.17. Effective date.
This charter shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 7.18. 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 2004 session of the General Assembly of Georgia a bill to provide a new charter for the Town of Mitchell; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sistie Hudson, who on oath deposes and says that she is the Representative from District 95 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the News and fanner which is the official organ of Glascock County on March 4, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ SISTIE HUDSON Sistie Hudson Representative, District 95
Sworn to and subscribed before me, this 22nd day of March, 2004.
sf DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.

3652 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PIKE COUNTY- COUNTY MANAGER; DUTIES, POWERS, AND QUALIFICATIONS; VACANCIES.
No. 633 (House Bill No. 1819).
AN ACT
To amend an Act creating the board of commissioners of Pike County, approved October 31, 1870 (Ga. L. 1870, p. 447), as amended, particularly by an Act approvedMarch27, 1998 (Ga. L. 1998, p. 3811), so as to clarify the duties, powers, and qualifications of the county manager; to provide for vacancies in the office of county manager; 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 ofPike County, approved October 31, 1870 (Ga. L. 1870, p. 447), as amended, particularly by an Act approved March27, 1998 (Ga. L. 1998, p. 3811), is amended by striking Section4.1 and inserting in lieu thereof the following:
SECTION 4.1. (a) Pursuant to Code Section 36-5-22 ofthe Official Code ofGeorgia Annotated, there is created the position of county manager for Pike County. The county manager shall be the chief administrative officer and head of the administrative branch of the county government. The county manager shall be responsible for the efficient administration of all county departments. (b) The county manager shall be appointed by a majority vote of the board of commissioners of Pike County, who shall determine and prescribe his or her compensation and term of office. Said board may contract with the county manager on such terms as it may deem reasonable and prudent. No member of the board of commissioners shall be appointed county manager on either a permanent or interim basis during the term ofoffice for which he or she is elected or for a period of one year after terminating his or her office as a commissioner ofPike County. (c) The county manager shall devote all of his or her working time and attention to the affairs ofthe county and shall be responsible to the board ofcommissioners for the efficient administration of all of the affairs of the county over which the county manager has jurisdiction. The powers and duties of the county manager shall be:
(1) To see that all laws, county codes, and ordinances are enforced; (2) To appoint all department heads with the approval of the board of commissioners;

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(3) To appoint and remove all subordinate officers and employees in all departments; (4) To exercise control over all departments and divisions created therein or which may hereafter be created by the commissioners; (5) To attend all meetings of the commissioners with the right to take part in all discussions, but having no vote; (6) To recommend to the commissioners for adoption such measures as he or she may deem necessary and expedient; (7) To prepare and submit to the commissioners an annual budget; (8) To keep the commissioners fully advised as to the financial condition and needs of the county; (9) To supervise and direct the official conduct of all county officers and employees except as otherwise provided in this Act; (10) The county manager shall not have the administrative or supervisory authority over the employees of the elected county officers of Pike County unless the board of commissioners of Pike County by ordinance implements a civil service system for county employees pursuant to the provisions ofCode Section 36-1-21 ofthe O.C.G.A. and such county officer chooses to opt into the civil service system pursuant to the provisions of subsection (b) of Code Section 36-1-21 of the O.C.G.A.; (II) To supervise the performance of all contracts made by any person for work done for the county and to make all purchases of material and supplies for the county and to see that the same are received as contracted for; and (12) To perform such other duties as maybe prescribed in this Act or required of the county manager by ordinance or resolution of the commissioners. (d) In the event of a vacancy in the office of county manager, the board of commissioners shall expeditiously proceed with due diligence to appoint an interim county manager. In no such event shall the commission allow the office ofcounty manager to remain vacant for a period in excess of four weeks from the date said office became vacant. Specifically, the commission shall at the least fill any vacancy in the office of county manager with an interim county manager within four weeks from the date of the vacancy. Further, the commission shall proceed to advertise for the permanent position of county manager at the first opportunity after the vacancy of the office of county manager.

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 2004 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Pike County, approved October 31, 1870 (Ga. L. 1870, p. 447),

3654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3811 ), so as to clarify the duties, powers and qualifications of the county manager; to provide for vacancies in the office of county manager; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mack Crawford, who on oath deposes and says that he is the Representative from District 91 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Pike County Journal-Reporter which is the official organ ofPike County on March l 0, 2004, and that the notice requirements of Code Section 28-l-14 have been met.
s/ MACK CRAWFORD Mack Crawford Representative, District 91
Sworn to and subscribed before me, this 22nd day of March, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25,2007 (SEAL)
Approved May 17, 2004.
GLYNN COUNTY- HOMESTEAD EXEMPTION; BASE YEAR; SCHOOL TAXES; UNREMARRIED SURVIVING SPOUSE; REFERENDUM.
No. 634 (House Bill No. 1821).
AN ACT
To amend an Act providing for a base year assessed value homestead exemption from Glynn County School District ad valorem taxes for educational purposes, approved May l, 2000 (Ga. L. 2000, p. 4616), so as to allow an umemarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; to allow such exemption to continue to be received by that umemarried surviving spouse; to provide for applicability; to provide for a

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referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for a base year assessed value homestead exemption from Glynn County School District ad valorem taxes for educational purposes, approved May 1, 2000 (Ga. L. 2000, p. 4616), is amended in Section 1 by adding a new subsection immediately following subsection (b), to be designated subsection (b.1 ), to read as
follows: '(b.1 )( 1) In the case of an unremarried surviving spouse of a deceased spouse who had been granted the exemption provided for in subsection (b) of this section, if such unremarried surviving spouse applies for and is granted such exemption in the 2005 taxable year, notwithstanding any other provision of this Act to the contrary, the base year for that unremarried surviving spouse shall be the same as the base year of the deceased spouse, so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead. (2) In all other cases, the unremarried surviving spouse of the deceased spouse who has been granted the exemption provided for in subsection (b) ofthis section shall continue to receive the exemption provided under subsection (b) of this section, so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead.0

SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Glynn County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Glynn County School District for approval or rejection. The 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 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 Glynn County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which allows the base year assessed value homestead exemption from Glynn County School District ad
NO ( ) valorem taxes for educational purposes to be granted to an unremarried surviving spouse who reapplies for such exemption at the same level as received by the deceased spouse and which allows such exemption to continue to be received by that unremarried surviving spouse?"
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

3656 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
one-half of the votes cast on such question are for approval of the Act, Section I shall become of full force and effect on January I, 2005, and shall be applicable to all taxable years beginning on or after January I, 2005. If the Act is not so approved or if the election is not conducted as provided in this section, Section I 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 Glynn County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act providing for a base year assessed value homestead exemption from Glynn County School District ad vaorem taxes for educational purposes, approved May 1, 2000 (Ga. L. 2000, p. 4616), so as to allow an unmarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; to allow such exemption to continue to be received by that unremarried surviving spouse, to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 16th day of March, 2004.
Jerry Keen Representative Jerry Keen !46th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry Keen, who on oath deposes and says that he is the Representative from District 146 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County on March 19, 2004, and that the notice requirements of Code Section 28-l-14 have been met.

GEORGIA LAWS 2004 SESSION
sf JERRY KEEN JenyKeen Representative, District 146
sworn to and subscribed before me, this 22nd day of March, 2004.
sf SUSAN GORDON
susan Gordon Notary Public, Rockdale County, Georgia
My Commission Expires Nov. 18, 2005
(SEAL)
Approved May 17, 2004.

3657

CITY OF ROCKMART- HOMESTEAD EXEMPTION; CITY TAXES; SENIOR CITIZENS; REFERENDUM.
No. 635 (House Bill No. 1824).
AN ACT
To provide for a homestead exemption from City ofRockmart ad valorem taxes for municipal purposes in the amount of $12,000.00 of the assessed value of the homestead for residents of that city age 65 and older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Rockmart and ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City ofRockmart age 65 and older is granted an exemption on that person s homestead from City ofRockmart ad valorem taxes for municipal purposes in the amount of$12,000.00 of the assessed value ofthat homestead. The value of that property in excess of such exempted amount shall remain subject to taxation.

3658 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 Rockmart, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Rockmart, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Rockmart, 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 Rockmart, 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 lieu of and not in addition to 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 Rockmart 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 Rockmart for approval or rejection. The municipal election superintendent shall conduct that election at the time of the general election in November, 2004, 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 ofPolk 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 Rockmart ad valorem taxes for municipal purposes in
NO ( ) the amount of$12,000.00 of the assessed value of the homestead for residents of that city age 65 and older?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than

GEORGIA LAWS 2004 SESSION

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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 ifthe election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Rockmart. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION3. 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 2004 Session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Rockmart ad valorem taxes for municipal purposes in the amount of $12,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum; effective dates, and automatic repeal; and for other purposes.

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 oflntention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ ofPolk County on March 11, 2004, 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 17th day of March, 2004.

s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia

3660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.
GLYNN COUNTY -HOMESTEAD EXEMPTION; BASE YEAR; COUNTY TAXES; UNREMARRIED SURVIVING SPOUSE; REFERENDUM.
No. 636 (House Bill No. 1825).
AN ACT
To amend an Act providing for a base year assessed value homestead exemption from Glynn County ad valorem taxes for county purposes, approved May 1, 2000 (Ga. L. 2000, p. 4612), so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; to allow such exemption to continue to be received by that unremarried surviving spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a base year assessed value homestead exemption from Glynn County ad valorem taxes for county purposes, approved May I, 2000 (Ga. L. 2000, p. 4612), is amended in Section I by adding a new subsection immediately following subsection (b), to be designated subsection (b.l ), to read as follows:
'(b.l )( 1) In the case of an unremarried surviving spouse of a deceased spouse who had been granted the exemption provided for in subsection (b) of this section, if such unremarried surviving spouse applies for and is granted such exemption in the 2005 taxable year, notwithstanding any other provision of this Act to the contrary, the base year for that unremarried surviving spouse shall be the same as the base year of the deceased spouse, so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead. (2) In all other cases, the unremarried surviving spouse of the deceased spouse who has been granted the exemption provided for in subsection (b) ofthis section shall continue to receive the exemption provided under subsection (b) of this section, so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead."

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SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Glynn County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Glynn County for approval or rejection. The election superintendent shall conduct that election on the date ofthe November, 2004, 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 Glynn County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which allows the base year assessed value homestead exemption from Glynn County ad valorem taxes for
NO ( ) county purposes to be granted to an unremarried surviving spouse who reapplies for such exemption at the same level as received by the deceased spouse and which allows such exemption to continue to be received by that unremarried surviving spouse?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 shall become of full force and effect on January 1, 2005, and shall be applicable to all taxable years beginning on or after 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 Glynn County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act providing for a base year assessed value homestead exemption from Glynn County ad valorem taxes for county purposes, approved May 1, 2000 (Ga. L. 2000, p. 4612) so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; to allow such exemption to continue

3662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to be received by that unremarried surviving spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 16th day of March, 2004.
Jerry Keen Representative Jerry Keen !46th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry Keen, who on oath deposes and says that he is the Representative from District 146 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County on March 19, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JERRY KEEN Jerry Keen Representative, District 146
Sworn to and subscribed before me, this 22nd day of March, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.

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3663

GLYNN COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; REPEAL OF LOCAL CONSTITUTIONAL AMENDMENT; REFERENDUM.

No. 637 (House Bill No. 1826).

AN ACT

To repeal that constitutional amendment duly ratified at the 1956 general election that was proposed by Res. Act No. 27; H.R. No. 59-163h; Ga. L. 1956, p. 253, and that Act approved February 24, 1987 (Ga. L. 1987, p. 3610), which continued said constitutional amendment in force and effect as part ofthe Constitution ofthe State of Georgia; to provide for a referendum; to provide for effective dates; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. That local constitutional amendment duly ratified at the 1956 general election that was proposed by Res. Act No. 27; H. R. No. 59-163h; Ga. L. 1956, p. 253, relating to the general homestead exemption not applying to taxes which are assessed and collected by the taxing authorities ofGlynn County for the support and maintenance of education, which was continued in effect on and after July l, 1987, by an Act approved February 24, 1987 (Ga. L. 1987, p. 3610), as part of the Constitution of the State of Georgia is repealed in its entirety.

SECTION 2. That Act approved February 24, 1987 (Ga. L. 1987, p. 3610), which continued in force and effect as part of the Constitution of the State of Georgia that local constitutional amendment (Res. Act No. 27; H.R. No. 59-l63h; Ga. L. 1956, p. 253), relating to the general homestead exemption not applying to taxes which are assessed and collected by the taxing authorities ofGlynn County for the support and maintenance of education, is repealed in its entirety.

SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Glynn County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Glynn County for approval or rejection. The election superintendent shall conduct that election on any date during 2004 on which a county may conduct an election pursuant to the general laws of this state 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

3664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
preceding the date thereof in the official organ of Glynn County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which repeals the local amendment to the Constitution of the State of Georgia which provides that the general
NO ( ) homestead exemption shall not apply to taxes which are assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half ofthe votes cast on such question are for approval of the Act, the Act shall become of full force and effect on January l, 2005, and shall apply to all tax years beginning on or after that date. Ifthe Act is not so approved or if the election is not conducted as provided in this section, the Act shall not become effective and shall be automatically repealed on January l, 2005. The expense of such election shall be borne by Glynn County. It shall be the election superintendent" s duty to certify the result thereof to the Secretary of State.
SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTIONS. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to repeal that constitutional amendment duly ratified at the 1956 general election that was proposed by Res. Act No. 27, H.R. No. 59-163h; Ga. L. 1956, pg. 253, and that Act approved February 24, 1987 (Ga. L. 1987, p. 361 0), which continued said constitutional amendment in force and effect as part of the constitution of the State of Georgia; to provide for a referendum; to provide for effective dates; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. and for other purposes.
This 18th day of March, 2004.
Jerry Keen Representative Jerry Keen I46th District

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3665

GEORGIA, FULTON COUNTY
personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry Keen, who on oath deposes and says that he is the Representative from District 146 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County on March 19, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JERRY KEEN Jerry Keen Representative, District 146

Sworn to and subscribed before me, this 22nd day of March, 2004.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.

CITY OF METTER-MAYOR; POWERS AND DUTIES; FORM OF GOVERNMENT; CITY MANAGER; DUTIES.
No. 638 (House Bill No. 1828).
AN ACT
To amend an Act to provide a new charter for the City of Metter, approved April21, 1997 (Ga. L. 1997, p. 4308), so as to change provisions relating to the powers and duties of the mayor; to provide for a council-manager form of government; to provide for a city manager; to provide for the duties of the city manager; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3666 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. An Act to provide a new charter for the City of Metter, approved April 21, 1997 (Ga. L. 1997, p. 4308), is amended by striking Sections 2.28 and 2.29 in their entirety and inserting in lieu thereof the following:
'SECTION 2.28. Chief executive officer. The mayor shall be the chief executive of this city. The mayor shall possess all ofthe executive powers 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.
The mayor shall be the chief executive officer of the city and shall serve as the city"s spokesperson and representative, the presiding officer of the city council, and the organization s chiefpolicy advocate. The mayor shall sign all deeds and contracts, except deeds made for property sold under execution at public sale, which shall be signed by the marshal or chief ofpolice, and be clothed with veto power as hereinafter set out. The mayor shall keep the council advised from time to time of the general condition of the city and shall recommend such measures as the mayor may deem necessary or expedient for the welfare of the city. The mayor shall preside over the meetings ofthe city council and may call the council together at any time when deemed necessary by the mayor and shall also devote all the time necessary to the discharge of the duties of mayor of the city.'
SECTION 2. Said Act is further amended by inserting at the end ofArticle II a new Section 2.32 to read as follows:
'SECTION 2.32. Form of government.
The city of Metter shall operate under the council-manager form of government, the details of which shall be set forth by ordinance.'
SECTION 3. Said Act is further amended by striking subsections (d) and (e) of Section 3.10 and inserting in lieu thereof the following:
'(d) There may be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction ofthe affairs and operations of that director s department. In the case where a director is not appointed, the supervisors will be responsible for that department.

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(e) The city manager, city clerk, chiefofpolice, fire chief, supervisors, directors, and all other employees other than volunteers will be appointed in accordance with the city's personnel policies as adopted by ordinance, except where the city council may have approved alternative employment terms by resolution. Appeals and grievance procedures will be followed as set forth in said ordinance or resolution.n

SECTION 4. Said Act is further amended by deleting Section 3.12A and inserting in lieu thereof the following:

"SECTION 3.12A. Reserved.n

SECTION 5. Said Act is further amended by striking in its entirety Section 3.13 and inserting in lieu thereof the following:

"SECTION 3.13. City manager.

The city council shall appoint a city manager in accordance with the terms and provisions of a council-manager ordinance and other provisions of this charter. The city manager shall be the chief administrative officer of the city and shall be responsible for implementing the directives of the mayor and council, for providing overall guidance of all departments, coordinating special projects as needed, and performing such other duties as may be stipulated by the council. The city manager shall be bonded in an appropriate amount to be fixed by the mayor and council for the faithful performance of the duties of city manager and shall take an oath before the mayor and council that such city manager will, to the best of his or her abilities, faithfully perform the duties of the office of city manager without favor or partiality."

SECTION 6. Said Act is further amended by striking Section 3.15 and inserting in lieu thereof the following:

"SECTION 3.15. City treasurer.

The city council may appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by

3668 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. This position shall normally be filled by the city clerk, but, at the election of the mayor and council, may be filled by the city manager or other appointed designee."
SECTION 7. Said Act is further amended by striking Sections 3.17 and 3.18 and inserting in lieu thereof the following:
'SECTION 3.17. Chief of police.
The city manager shall appoint a chief of police, who shall not be a councilmember, in accordance with the city's personnel policy and Section 3.I 0 of this charter. The chief of police is responsible for being the chief law enforcement officer of the City of Metter. It shall be the duty of the chief of police to prosecute all offenders against the laws of the state committed within the corporate limits of the City of Metter. In case any crime is committed in the presence of the chief of police or comes to his or her knowledge, it shall be his or her duty to prosecute the same. It shall be the duty of the chief of police to levy and collect all executions for taxes, fines, licenses, permits, or other money due the city; to advertise and conduct all sales of property under execution or other process, execute deeds, or other conveyances used in such cases; and perform such other service as the city manager shall require and as outlined in the city's personnel policy. Before entering upon the duties of the office, the chief of police shall take and subscribe an oath before the mayor and council that such chief of police will to the best of his or her ability faithfully perform the duties of the office ofchiefofpolice without favor or partiality. The chiefofpolice will be bonded at an appropriate amount as fixed by the city manager.
PERSONNEL ADMINISTRATION
SECTION 3.18. Position classification and pay plans.
The city manager shall be responsible for the preparation of a positton classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan.

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SECTIONS. Said Act is further amended by striking the second sentence of Section 6.24 and inserting in lieu thereof the following:
'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 the city manager may deem pertinent.'

SECTION9. Said Act is further amended by striking Section 6.28 in its entirety and inserting in lieu thereof a new Section 6.28 to read as follows:

"SECTION 6.28. Capital improvements budget.

(a) On or before the date fixed by the city council, but no later than 30 days prior to the beginning of each fiscal year, the mayor, city manager, or other person so designated shall submit to the city council a proposed capital improvements budget with such person's recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction ofany building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the fifteenth day of September of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor or city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by such mayor's or city manager's recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.'

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an act providing a new charter for the

3670 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
city of Metter, approved April 21, 1997 (Ga. L. 1997 p4308): 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 Metter Advertiser which is the official organ of Candler County on March 10, 2004; 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 22nd day of March, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.
CITY OF CLAYTON- CORPORATE LIMITS.
No. 639 (House Bill No. 1829).
AN ACT
To amend an Act reincorporating the City of Clayton, approved August 17, 1909 (Ga. L. 1909, p. 600), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. An Act reincorporating the City of Clayton, approved August 17, 1909 (Ga. L. 1909, p. 600), as amended, is amended by adding a new section

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immediately following Section 2, to be designated as Section 2.1, to read as
follows:
nSECTION 2.1. In addition to the present territory included within the corporate limits of said city, the corporate limits shall specifically include the following tract or parcel ofland located in Rabun County, Georgia:
All that tract or parcel of land, lying and being in Land Lots 20 and 21 of the 5th District, Rabun County, Georgia and being more particularly described as follows:
Commence at the most southerly point of the mitered right of way of the northerly variable existing right ofway ofStekoa Falls Road and the easterly variable existing right of way of U.S. Highway 441, said point being the TRUE POINT OF BEGINNING; thence along the mitered right of way North 21 degrees 43 minutes 52 seconds West for a distance of 8. 84 feet to an iron pin set at the intersection of the mitered right of way and the proposed easterly variable right ofway ofU.S. Highway 441; thence leaving the said mitered existing right of way and along the proposed easterly variable right of way of U.S. Highway 441 North 15 degrees 12 minutes 17 seconds East for a distance of 10 14.74 feet to an iron pin set; thence leaving said right of way South 29 degrees 55 minutes 15 seconds East for a distance of 45.47 feet to an iron pin set; thence South 75 degrees 54 minutes 00 seconds East for a distance of 633.33 feet to an iron pin set; thence South 14 degrees 06 minutes 00 seconds West for a distance of 238.98 feet to an iron pin set; thence South 75 degrees 54 minutes 00 seconds East for a distance of 125.10 feet to an iron pin set; thence South 11 degrees 43 minutes 12 seconds West for a distance of382.33 feet to an iron pin set on the northerly variable right of way of Stekoa Falls Road; thence along said right of way a curve to the left having a radius of 373.33 feet and an arc length of 35.93 feet, being subtended by a chord of South 36 degrees 54 minutes 16 seconds West for a distance of 35.92 feet to an iron pin set; thence, South 34 degrees 08 minutes 50 seconds West for a distance of 51.26 feet to an iron pin set; thence, along a curve to the right having a radius of 395.59 feet and an arc length of 24.87 feet, being subtended by a chord of South 37 degrees 51 minutes 51 seconds West for a distance of24.86 feet to an iron pin set; thence, leaving said right of way North 75 degrees 54 minutes 00 seconds West for a distance of 417.40 feet to an iron pin set; thence, South 63 degrees 10 minutes 0 1 seconds West for a distance of 68.69 feet to an iron pin set; thence, North 75 degrees 54 minutes 00 seconds West for a distance of 203.71 feet to an iron pin set; thence, South 13 degrees 57 minutes 38 seconds East for a distance of 216.29 feet to an iron pin set; thence, along a curve to the right having a radius of 102.50 feet and an arc length of 80.76 feet, being subtended by a chord of South 08 degrees 36 minutes 43 seconds West for a distance of

3672 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
78.69 feet to an iron pin set; thence, South 31 degrees 11 minutes 03 seconds West for a distance of 16.23 feet to an iron pin set on the northerly variable existing right of way of Stekoa Falls Road; thence along said right of way North 58 degrees 33 minutes 07 seconds West for a distance of220.29 feet to an iron pin set, said point being the TRUE POINT OF BEGINNING. Said property contains 610,507 square feet or 14.015 acres.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Clayton, approved August 17, 1909 (Ga. L. 1909, p. 600), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Jenkins, 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 which is the official organ ofRabun County on March 18, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
sf CHARLES JENKINS Charles Jenkins Representative, District 8
Sworn to and subscribed before me, this 19th day of March, 2004.
sf DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17,2004.

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CITY OF ROME- CITY OF ROME SCHOOL BUILDING AUTHORITY; CREATION.

No. 640 (House Bill No. 1763).

AN ACT

To create the City of Rome School Building Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance ofrevenue bonds ofthe 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 ofthe revenue bonds ofthe 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 ofbonds; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION l. Short title.

This Act shall be known and may be cited as the "City of Rome School Building Authority Act."

SECTION 2. City of Rome School Building Authority.

(a) There is hereby created a public body corporate and politic to be known as the "CityofRome School Building Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. Such corporation shall be separate and distinct from any public corporation heretofore created by the General Assembly and shall be an instrumentality of the State of Georgia exercising governmental powers. (b) The authority shall consist of three members who shall be the mayor of the City ofRome, the city manager of the City of Rome, and the superintendent of the City ofRome School System. Immediately upon the passage and approval of this Act, the members of the authority shall enter upon their duties.

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(c) The members ofthe authority shall elect one oftheir number as chairperson and shall elect a secretary and treasurer who need not necessarily be a member of the authority. If the secretary and 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. (d) Two members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (e) The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (f) The authority shall make rules and regulations for its own governance. It shall have perpetual existence. Any change in the name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts under this Act.
SECTION3. Definitions.
As used in this Act, the term: (I) "Authority" means the City of Rome School Building Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents' expenses, legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability ofthe project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized in this Act; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "Project" means the repair, renovation and improvement of Anna K. Davis Elementary School, East Central Elementary School, Elm Street Elementary School, Main Elementary School, North Heights Elementary School, Southeast Elementary School, West Central Elementary School, Rome Middle School, and Rome High School as authorized by the Georgia Department of Education pursuant to the Qualified Zone Academy Bond (QZAB) Program. (4) "Revenue Bond Law" means the Revenue Bond Law of the State ofGeorgia, 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.

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(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 ofoperating, 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, 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, lease, gift or otherwi~e on such terms and conditions and in such manner as it may deem proper, real property and personal 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. If the authority shall deem it expedient to construct any project on lands which are subject to the control of the City of Rome School System, the City of Rome School System is authorized to convey such lands to the authority for such consideration as may be agreed upon by the authority and the City of Rome School System, taking into consideration the public benefit to be derived from such conveyance; (4) To exercise the powers conferred upon a "public corporation" or "public authority" by Article IX, Section III, Paragraph I of the Constitution of Georgia, such authority being hereby expressly declared to be a "public corporation" or "public authority" within the meaning of such provision of the Constitution of Georgia; (5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (6) To execute contracts, leases, agreements, and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of the project; and any and all persons, firms, corporations, and the City of Rome School System are

3676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authorized to enter into contracts, leases, agreements, or instruments with the authority upon such terms and for such purposes as they may deem advisable and as they are authorized to enter into by law; (7) To acquire, construct, add to, extend, improve, equip, operate, and maintain the project; (8) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (9) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (10) To accept loans or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (11) To borrow money for any of its corporate purposes, to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (12) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (13) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 5. Revenue bonds.
The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose ofpaying 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 annUill 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

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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 and the attesting manual or facsimile signature of the secretary, of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any revenue bonds 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 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.

SECTIONS. Same; negotiability; exemption from taxation.

All revenue bonds shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds and their transfer and the income therefrom shall be exempt from all taxation within the state.

SECTION 9. Same; sale; price; proceeds.

The authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest of the authority. The proceeds derived from the sale of revenue bonds shall be used solely for the purpose 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 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 the City of Rome, Georgia, or the City of Rome School District, nor a pledge of the faith and credit of said city or school district, but such revenue bonds shall be payable solely from the fund hereinafter provided for. The issuance ofsuch revenue bonds shall not directly, indirectly, or contingently obligate said city 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 of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability ofthe 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.

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SECTION 14. Trust indenture as security.

In the discretion of the authority, any issuance ofrevenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys.

SECTION 15. To whom proceeds of bonds shall be paid.

In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment ofthe 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 ofsuch 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:
(I) 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.

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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 ofrevenue bonds and the trustee under the trust indenture, ifany, 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 the state, including specifically but without limitation, the Revenue Bond Law, or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.
SECTION 18. Validation.
Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state and any institution, department, or other agency of the state and any county, municipality, school district, or other political subdivision or authority of the state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated. Such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds, when validated, and the judgment 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 Floyd County, Georgia, and any action pertaining to validation of any revenue bonds

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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 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 school buildings, facilities, and services for the citizens in the City of Rome School District.

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.

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SECTION24. 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 the City ofRome, Georgia; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the City of Rome, Georgia, when in the performance of their public duties or work of the city.
SECTION 26. Tax-exempt status of authority.
The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any municipality or county or the state or any political subdivision thereof.
SECTION27. Effect on other governments.
This Act shall not and does not in any way take from the City of Rome, 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.
SECTION28. 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.
SECTION29. Repeal of the authority.
Upon the fmal payment of principal and interest on any revenue bonds issued in connection with undertaking the project, the authority shall then cease to exist and

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shall stand repealed as of the June 30 following such final payment ofprincipal and interest.
SECTION 30. General repealer.

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

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
pursuant to the provision of O.C.G.A. Sec. 28-1-14, notice is hereby given that application will be made to the 2004 session of the General Assembly of Georgia to enact legislation to create a political subdivision of the State and a body corporate and politic to be known as the City of Rome School Building Authority; to provide for related matters; and for other purposes.
This 1st day of March, 2004
GAYLAND COOPER Superintendent, City of Rome Schools Systems
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Smith, who on oath deposes and says that he is the Representative from District 13, Post 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ ofFloyd County on March 4, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ PAUL E. SMITH Paul E. Smith Representative, District 13, Post 2
Sworn to and subscribed before me, this 8th day of March, 2004.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

3684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.
FANNIN COUNTY- HOMESTEAD EXEMPTION; BASE YEAR; SCHOOL TAXES; REFERENDUM.
No. 641 (House Bill No. 1764).
AN ACT
To provide for a homestead exemption from Fannin County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value ofa homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
( l) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Fannin County School District, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than ten contiguous acres of land immediately surrounding such residence. (4) "Income" means gross income, as defined by Georgia law, from all sources. For purposes of this Act, gross income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system. (5) "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.

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(b)( 1) Each resident of the Fannin County School District who is a senior citizen and whose annual income does not exceed $20,000.00 for the immediately preceding taxable year is granted an exemption on that person s homestead from Fannin County School District taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of the homestead. (2) In the event a senior citizen is granted the exemption under this Act and that person was receiving another base year assessed value homestead exemption with .respect to Fannin County School District ad valorem taxes, the base year assessed value for purposes of the exemption under this Act shall be the most recent adjusted base year assessed value that person received pursuant to such other base year assessed value homestead exemption. (3} 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 ofthe base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) Any person who, as of December 31 of the year prior to the first year such person applies for and receives the homestead exemption under this Act, has applied for and is eligible to receive any other base year assessed value local homestead exemption with respect to Fannin County ad valorem taxes for education purposes shall be eligible automatically for the exemption granted by this Act without applying therefor. Otherwise, a person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person s agent files an application with the tax commissioner of Fannin County giving such person's age and such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner of Fannin County 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 so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county 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. municipal ad valorem taxes for municipal purposes, or independent school district 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

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homestead exemption applicable to county school district ad valorem taxes for educational purposes with the exception that it shall be in lieu of any other base year assessed value homestead exemption applicable to county school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2005.
SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fannin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Fannin County School District for approval or rejection. The election superintendent shall conduct that election on the date of 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 Fannin County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Fannin County School District taxes for educational purposes
NO ( ) in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that school district who are 70 years of age or older and whose income does not exceed $20,000.00?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1of this Act shall become of full force and effect on January 1, 2005. If the Act is not so approved or ifthe election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Fannin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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Notice of Intention to Introduce Local Legislation

Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to provide for a homestead exemption from Fannin County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of a certain income limit who are 70 years of age or older; and for other purposes.

This 4th day of March, 2004.

Rep. David Ralston 6th District

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 News Observer which is the official organ of Fannin County on March 5, 2004, 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 9th day of March, 2004.

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

Approved May 17, 2004.

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FLOYD COUNTY- HOMESTEAD EXEMPTION; SENIOR CITIZENS; SCHOOL TAXES; REFERENDUM.
No. 642 (House Bill No. 1768).
AN ACT
To amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, particularly by an Act approved April 13, 2001, (Ga. L. 2001, p. 3757), so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, particularly by an Act approved Aprill3, 2001, (Ga. L. 2001, p. 3757), is amended by striking Sections 2 and 2A and inserting in their places new Sections 2 and 2A to read as follows:
"SECTION 2. (a)(l) Each resident of the Floyd County School District who is at least 62 years of age but less than 65 years of age is granted an exemption on that person's homestead from all Floyd County School District ad valorem taxes for educational purposes in the greater of the following amounts:
(A) One-half of the full value of that homestead; or (B) Ten thousand dollars of the assessed value of that homestead. (2) For purposes of this subsection, the term 'homestead' shall include the dwelling in which the applicant resides, and a detached garage adjacent thereto, and not more than one acre of the land immediately surrounding such dwelling and garage. (b) The homestead exemption granted by subsection (a) ofthis section shall onlY be granted if that person s income, together with the income of all members of that person s family residing within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year.

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(c) The value of the homestead in excess of such exempted amount shall remain subject to taxation.

SECTION2A. (a) Each resident of the Floyd County School District who is 65 years of age or older is granted an exemption on that person s homestead from all Floyd County School District ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of that homestead. For purposes of this subsection, the term 'homestead' shall include the dwelling in which the applicant resides, and a detached garage adjacent thereto, and not more than one acre ofthe land immediately surrounding such dwelling and garage. (b) The value of the homestead in excess of such exempted amount shall remain subject to taxation.'

SECTION2. The exemption granted by this Act shall apply to all taxable years beginning on or after January I, 2004.

SECTION3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Floyd County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Floyd County School District for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide general primary in July, 2004, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Floyd County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which changes the current homestead exemptions from Floyd County School District ad valorem taxes for
NO ( ) educational purposes for that school district for residents of that school district who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and for residents who are 65 years of age or older regardless of income to also apply to adjacent detached garages?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections I and 2 of this Act shall become of full force and effect immediately, and shall be applicable to all taxable years beginning on or after January I, 2004. If Sections I and 2 of this Act are not so approved or if the election is not conducted as provided in this section, Sections I and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day ofJanuary immediately following that election date. The expense of such election shall be borne by Floyd

3690 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 4. Except as otherwise specified in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, particularly by an ActapprovedAprill3, 2001, (Ga. L. 2001, p. 3757), and for other purposes. This 25th day of February 2004.
Representative Buddy Childers 13th District, Post 1
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy Childers, who on oath deposes and says that he is the Representative from District 13, Post 1 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ ofFloyd County on February 28. 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BUDDY CHILDERS Buddy Childers Representative, District 13, Post I
Sworn to and subscribed before me, this 9th day of March, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

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My Commission Expires Nov. 18, 2005
(SEAL)

Approved May 17, 2004.

FLOYD COUNTY- HOMESTEAD EXEMPTION; SENIOR CITIZENS; SCHOOL TAXES; REFERENDUM.
No. 643 (House Bill No. 1770).
AN ACT
To amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, particularly by an Act approved Aprill3, 2001, (Ga. L. 2001, p. 3757}, so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. An Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, particularly by an Act approved Aprill3, 2001, (Ga. L. 2001, p. 3757), is amended by striking Sections 2 and 2A and inserting in their places new Sections 2 and 2A to read as follows:
"SECTION 2. (a)(l) Each resident of the Floyd County School District who is at least 62 years of age but less than 65 years of age is granted an exemption on that person's homestead from all Floyd County School District ad valorem taxes for educational purposes in the greater of the following amounts:
(A) One-half of the full value of that homestead; or (B) Ten thousand dollars of the assessed value of that homestead. (2) For purposes of this subsection, the term 'homestead' shall include the dwelling in which the applicant resides, and a detached garage adjacent thereto,

3692 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and not more than one acre of the land immediately surrounding such dwelling and garage. (b) The homestead exemption granted by subsection (a) ofthis section shall only be granted if that person s income, together with the income of all members of that person s family residing within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. (c) The value of the homestead in excess of such exempted amount shall remain subject to taxation.
SECTION 2A. (a) Each resident of the Floyd County School District who is 65 years of age or older is granted an exemption on that person s homestead from all Floyd County School District ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of that homestead. For purposes of this subsection, the term 'homestead' shall include the dwelling in which the applicant resides, and a detached garage adjacent thereto, and not more than one acre ofthe land immediately surrounding such dwelling and garage. (b) The value of the homestead in excess of such exempted amount shall remain subject to taxation."
SECTION 2. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2005.
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Floyd County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Floyd County School District for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide general election in November, 2004, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Floyd County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which changes the current homestead exemptions from Floyd County School District ad valorem taxes for
NO ( ) educational purposes for that school district for residents of that school district who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and for residents who are 65 years of age or older regardless of income to also apply to adjacent detached garages?"
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

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one-half of the votes cast on such question are for approval of the Act, then Sections 1 and 2 of this Act shall become of full force and effect on January 1, 2005, and shall be applicable to all taxable years beginning on or after January 1, 2005. If Sections 1 and 2 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 and 2 ofthis Act shall not become effective and this Act shall be automatically repealed on the first day of January iJnmediately following that election date. The expense of such election shall be borne by Floyd County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 4. Except as otherwise specified in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes; for educational purposes for certain residents of that school district, approved March 23,1986 (Ga. L. 1986, p. 5057), as amended, particularly by an Act approved April 13, 2001, (Ga. L. 2001, p. 3757), and for other purposes. This 28th day of February 2004.
Representative Buddy Childers 13th District, Post 1
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy Childers, who on oath deposes and says that he is the Representative from District 13, Post 1 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County on February 28, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BUDDY CHILDERS Buddy Childers Representative, District 13, Post 1

3694 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 9th day of March, 2004.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.
CRAWFORD COUNTY- BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 644 (House Bill No. 1771 ).
AN ACT
To create a board ofelections and registration for Crawford County and provide for its powers and duties, to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel, including a chief election official, and compensation; to provide for the board s performance of certain functions and duties for certain municipalities; to provide for 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 I. As used in this Act, the term:
(1) "Board" means the Crawford County Board of Elections and Registration. (2) "Chief judge" means the chief judge of the Superior Court of Crawford County. (3) "Commissioners" means the Board of Commissioners of Crawford County. (4) "County" means Crawford County.

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(5) "Election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 20 ofTitle 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act.

SECTION2. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created, effective July l, 2004, the Crawford County Board of Elections and Registration. The board shall have the powers and duties of the former Crawford County election superintendent relating to the conduct of primaries and elections and shall have the powers and duties of the Crawford 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 Crawford County. The Crawford County Board of Elections and Registration shall select a chairperson from among its members. (b) Each member of the commissioners shall submit, in writing, to the chiefjudge a nomination to the board. The initial nominations shall be submitted within 15 days after this Act becomes effective in 2004, and all subsequent nominations shall be submitted at least 15 days before the expiration of the term of office or at least 30 days after any other vacancy in office occurs, whichever is applicable. The chief judge shall appoint from the nominations initially submitted three persons to serve on the board; and thereafter, that judge shall appoint from the nominations the same number as the number of vacancies which occurred on the board whether by expiration of term or otherwise. (c) The initial appointments to the board shall specify that one member shall serve a term expiring June 30, 2006; one member shall serve a term expiring June 30, 2007; and one member shall serve a term expiring June 30, 2008. After these initial tenns, all members ofthe board shall serve for terms offour years. Members of the board shall serve for their respective terms of office and until the appointment and qualification of their respective successors.

SECTION 4. The person holding office as chief registrar on the date this Act becomes effective in 2004 shall serve as the chief election official of Crawford County. Upon such person's ceasing to hold such office, the chiefelection official of Crawford County shall be selected by the board, subject to confirmation by the commissioners. 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 Crawford 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, when such removal is approved by the

3696 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
commissioners. 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 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 Crawford County; and (3) Be subject to removal from the board by the commissioners at any time for cause shown in the failure to perform the duties or meet the qualifications required by law, after notice and hearing before the chief judge of the Superior Court of Crawford County within 15 days after removal.
SECTION 6. (a) The appointment of each member shall be evidenced by the appointing authority filing an affidavit with the clerk ofthe Superior Court ofCrawford 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 Crawford 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 Crawford 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?. 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, 2004. The board shall take no official action until all members have been certified to the clerk of the Superior Court ofCrawford County.

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(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 Crawford County Board ofElections 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 Crawford County if such municipal corporation has entered into a contract for that purpose with the Crawford 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 of the county adequately with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any

3698 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 amajorityvote 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 ofpublic 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 Crawford 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

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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 Crawford 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 I, 2004, or the date all members of the board have been certified under Section 8 of this Act, whichever is later, the election superintendent of Crawford County and the Board of Registrars of Crawford 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 Crawford 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 permissible under the federal Voting Rights Act of 1965, as amended, by July 1, 2004, this Act shall be void and stand repealed in its entirety upon that date.

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.

3700 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 2004 session of the General Assembly of Georgia a bill to create a board of elections and registration for Crawford 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, 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 Georgia Post which is the official organ ofCrawford County on March 4, 2004, and that the notice requirements of Code Section 28-l-14 have been met.
s/ ROBERT RAY Robert Ray Representative, District 108
Sworn to and subscribed before me, this lOth day of March, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.
CITY OF HOLLY SPRINGS - HOLLY SPRINGS PARKS AND RECREATION AUTHORITY; CREATION.
No. 645 (House Bill No. 1774).
AN ACT
To create the Holly Springs Parks and Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, clubhouses, gymnasiums. auditoriums, youth centers, senior citizen centers, stadiums, related buildings, golf

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courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements ofsuch facilities; to acquire parking facilities and parking areas in connection therewith; to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers an~ to impose duties on the authorit~, the determi.nation of which shall be m the sole discretiOn of the City of Holly Spnngs; to provide for the membership and for the appointment of members of the authority; to authorize the authority to contract with others pertaining to such recreational facilities, to execute leases of such facilities, to convey title to real property of the authority in fee simple, and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the authority and other political subdivisions to enter into contracts pertaining to uses of such facilities for the term thereof and to pledge to that purpose revenues derived from taxation; to provide that no debt of Cherokee County or other political subdivisions, within the meaning of Article IX, Section III, Paragraph I ofthe Constitution ofthe State ofGeorgia, shall be incurred by exercise of the powers granted; to authorize the issuance of revenue bonds or obligations ofthe authority; to authorize the collection and pledging ofthe revenues and earnings of the authority for the payment of such bonds or obligations and to secure the payment thereof; to define the rights of the holders of such bonds or obligations; to make the property of the authority exempt from taxation and assessment; to grant the authority and its members certain immunities; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for budgets and procedures in connection therewith; to provide for audits; to provide for funding; to provide for personnel; to provide for conveyance of property upon dissolution; to provide for bonding limitations; to provide for automatic repeal of this Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Holly Springs Parks and Recreation Authority Act."

SECTION 2. (a) There is created a body corporate and politic to be known as the Holly Springs Parks and Recreation Authority, which shall be deemed to be a political subdivision ofthe State of Georgia and a public corporation. 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 oflaw and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The

3702 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authority shall not be a state institution nor a department or agency of the state but shall be an instrumentality ofthe state, a mere creation ofthe state, having a distinct corporate entity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The authority shall have its principal office in the City of Holly Springs and its legal situs for the purposes of this Act shall be Cherokee County. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act. (b) The authority shall consist of five members. One member shall be the chairperson of the parks and recreation committee of the City Council of Holly Springs, as appointed each year by the mayor and city council. The other four councilmembers shall each appoint a member each year. The term ofeach member of the authority shall be one year or until a successor is appointed. To be eligible for membership on the authority, each member must be a resident of Cherokee County for at least one year prior to taking office and have a demonstrable interest in the City of Holly Springs. (c) The members of the authority shall enter upon their duties immediately upon the next scheduled meeting. (d) Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy, and the person so selected and appointed shall serve for the remainder of the unexpired term. (e) The authority shall elect one of its members as chairperson and one of its members as vice chairperson. The clerk ofHolly Springs shall be the secretary and treasurer. Said clerk shall not be a member of the authority. (f) The city attorney shall be the attorney for the authority and serve as its counsel in all matters. (g) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. (h) The authority shall make rules and regulations for its own government. It shall have perpetual existence. (i) Any member of the authority may be removed from office by the governing authority of Holly Springs for failure to perform his or her duties as a member of the authority. Such failure shall include without limitation absence from three
consecutive meetings of the authority, unless excused by reasonable grounds as
determined by a majority of the authority. Any office so vacated shall be filled within 60 days by appointment as provided in subsection (d) of this section. The new appointee shall serve the remainder of the unexpired term to which he or she is appointed.
SECTION 3. (a) As used in this Act, the term:

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(1) "Authority" shall mean the Holly Springs Parks and Recreation Authority created in Section 2 of this Act. (2) "Cost of the project" shall embrace the cost of acquisition and construction; the cost ofall lands, properties, rights, easements, and franchises acquired and the cost of all conveyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment and financing charges and interest prior to and during construction and for one year after construction; the cost ofengineering, architectural, fiscal, and legal expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; and the cost of the acquisition and construction of any project and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the costs of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such projects. (3) "Project" shall be deemed to meari and include the acquisition, construction, equipping, maintenance, and operation of athletic and recreation centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, clubhouses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; the acquisition of parking facilities or parking areas in connection therewith; the acquisition of the property necessary therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real or personal property, so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable. (4) "Revenue bonds," "bonds," and "obligations" mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.GA, the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under the "Revenue Bond Law" and any amendments thereto and, in addition, shall mean obligations of the authority, the issuance of which are specifically provided for in this Act. (b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including the anticipated revenues and earnings from the lease of any project, and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of acquiring, operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

3704 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4. (a) The authority shall have the following powers:
(1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, 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. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value ofsuch lands upon the receipt ofsuch lawful consideration as may be determined by the parties to such conveyance. If the authority shall deem it expedient to acquire and construct any project on any lands, the title to which shall be in the name of the Board of Commissioners of Cherokee County or any municipality incorporated in said county, the governing authority or body of said county or any of 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 conveyances or upon payment for the credit of the general funds ofsuch county or municipalities ofthe reasonable value ofsuch lands, such value to be determined by mutual consent ofsuch county or municipality and the authority or by an appraiser to be agreed upon by the governing authority or body of such county or municipality and the chairperson of the authority; (4) To appoint, select, and employ officers, agents, and employees, including engineers, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensation; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for the acquisition and construction of projects and leases of projects or contracts with respect to the use of projects which the authority causes to be erected or acquired, including contracts for acquiring, constructing, renting, and leasing of its projects for the use of Cherokee County or any municipality in Cherokee County, and to dispose by conveyance ofits title in fee simple of real and personal property of every kind and character; 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, authorization is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease

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agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreation centers, areas, and facilities and relative to any property which such department or agency of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof, and the authority is specifically authorized to convey title in fee simple to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, or the State ofGeorgia or the United States government, or any agencies or departments thereof, subject to the rights and interest of the holders of any of the bonds or obligations authorized to be issued pursuant to this Act and by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in this Act; (6} To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America and any agency or instrumentality thereof; (7} To accept loans and grants ofmoney, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality thereof may impose; (8) To accept loans and grants ofmoney, materials, or property of any kind from the State of Georgia or any agency, instrumentality, or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency, instrumentality, or political subdivision thereof may impose; (9) To borrow money for any of its corporate purposes, to execute evidence of such indebtedness, to secure the same, to issue negotiable revenue bonds payable solely from the funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (11) To borrow money for any of its corporate purposes from any banks or other lending institutions and to execute evidence of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the authority from a lease or leases entered into by the authority as the lessor; (12) To do all things necessary or convenient to carry out the powers expressly given in this Act; and (13) To make recommendations to the City Council of Holly Springs on land acquisitions, facilities, development, and other matters relating to the provisions of recreation and recreational opportunities to the citizens of Holly Springs. (b) The authority and the trustee acting under a trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose

3706 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of any surplus property, both real and personal, or interest therein not required in the normal operation of the authority and usable in the furtherance of the purpose for which the authority was created.
SECTION 5. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one time or from time to time to provide by resolution for the issuance ofnegotiable revenue bonds for the purpose ofpaying all or any part of the cost as defined in this Act of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for in this Act for such payment. The bonds of each issue shall be dated and shall bear interest at such rate or rates as determined by the authority, payable on such dates as determined by the authority. The bonds shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 of Chapter 82 ofTitle 36 of the O.C.G.A., the "Revenue Bond Law," and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in the "Revenue Bond Law" and any amendments thereto.
SECTION 6. All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose, and such bonds and the income thereof shall be exempt from all taxation by the state.
SECTION 7.
The authority may sell such revenue bonds in such manner and for such prices as
it may determine to be for the best interest of the authority, and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
SECTION 8. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act and Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any sucli resolution may be passed at any regular, special, or adjourned meeting of tho

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authority by a majority of its members, subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A., governing open and public meetings.

SECTION9. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or of the City of Holly Springs or a pledge of the faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution or trUSt indenture authorizing the issuance and securing the payment ofsuch bonds. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof, specifically such city, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. However, the City of Holly Springs or any political subdivision ofthe state contracting with the authority may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section and from any other source; and the obligation to make such payments shall constitute a general obligation and a pledge ofthe full faith and credit ofthe obligor but shall not constitute a debt of the obligor within the meaning of Article IX, Section V, Paragraph I of the Constitution of the State of Georgia. When such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such obligation. Without limiting the obligations ofany political subdivision ofthe state contracting with the authority in accordance with this Act, it shall be required that prior to entering into any such contract, the authority or the political subdivision with which such contract will be executed shall prepare or cause to be prepared a feasibility study including a projection of revenues for the project which is the subject ofsuch contract. The political subdivision entering into a contract with the authority shall, prior to entering into the contract, properly advertise its intention and call at least one public hearing on the subject not less than three weeks prior to the date on which the political subdivision plans to vote to approve the signing of the contract.

SECTION 10. The revenues, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the authority, regardless ofwhether such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority to the payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust indenture pertaining to such bonds. Such funds so pledged

3708 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
from whatever source received, which may include funds received from one or more or all sources, may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust indenture and which may be pledged to and charged with the payment of (I) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or agent of paying such principal and interest, and (4) any premium upon bonds retired by call or purchase. The use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust indenture securing the payment of the same.
SECTION 11. The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose, and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption provided in this Act shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.
SECTION 12. The authority shall have the same immunity and exemptions from liability for torts and negligence as the State of Georgia and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority.
SECTION 13. The property of the authority shall not be subject to levy and sale under legal process.
SECTION 14. 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 Cherokee County and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in that court which shall have exclusive original jurisdiction of such actions.
SECTION 15. Bonds issued by the authority shall be confirmed and validated in accordance with the procedures ofArticle 3 of Chapter 82 ofTitle 36 ofthe O.C.G.A., the "Revenue

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Bond Law." The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States govermnent, if subject to being sued and if consenting to same, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereofbe determined and the contract or contracts be adjudicated as part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the authority.

SECTION 16. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.

SECTION 17. All funds received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act, and the bondholders entitled to receive the benefits ofsuch funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust indenture of the authority.

SECTION 18. The Holly Springs Parks and Recreation Authority shall develop a financial and program work plan for both capital and operational requirements for the authority's activities for each fiscal year. Such plans shall be known as the "Annual Operating and Capital Budget ofthe Holly Springs Parks and Recreation Authority." The plan

3710 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be adopted on or before December 30 of any given year, with an effective date of January 1. All projected revenues and estimated expenditures shall be clearly outlined as to source and expenditure classifications and purpose. In adopting the plan, the authority shall follow all laws governing the budget process for the City of Holly Springs.
SECTION 19. Each year the Holly Springs Parks and Recreation Authority shall have made an independent audit and examination of the authority's financial records and transactions. Such audit shall be made in accordance with established national audit and accounting standards. Copies of such audit shall be available for public review to each participating jurisdiction.
SECTION 20. The Holly Springs Parks and Recreation Authority is authorized to appoint, select, and employ officers, agents, and employees and adopt rules and regulations governing their services and fix their respective compensations and terms of employment.
SECTION 21. This Act and any other law enacted with reference to the Holly Springs Parks and Recreation Authority shall be liberally construed for the accomplishment of the purposes of the authority.
SECTION 22. The scope of the authority's operation shall be limited to the territory embraced within the City of Holly Springs.
SECTION 23. When the authority for any reason is 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 authority at the time of such dissolution shall be conveyed to the City of Holly Springs; 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 indenture relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.
SECTION 24. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect the remainder of this Act or any part of this Act other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express

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intention of this Act to enact each provision of this Act independently of any other provision of this Act.

SECTION 25. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 26. All laws and parts of laws in conflict with this Act are repealed.

NOTICE oflntent to Introduce Local Legislation
Please take notice that there will be introduced at the 2004 session of the Georgia General Assembly, a bill to create a Recreation Authority within Holly Springs; and other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Calvin Hill, who on oath deposes and says that he is the Representative from District 16 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 February 13,2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CALYIN HILL Calvin Hill Representative, District 16
Sworn to and subscribed before me, this 26th day of February, 2004.
sl SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.

3712 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COBB COUNTY- CHIEF DEPUTY SHERIFF; CHIEF INVESTIGATOR; EXECUTIVE ASSISTANT TO SHERIFF; COMPENSATION.
No. 646 (House Bill No. 1776).
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. 4796), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April25, 2002 (Ga. L. 2002, p. 4796), is amended by striking subsections (b), (c), and (d) of Section 5 and inserting in lieu thereof new subsections (b), (c), and (d) of Section 5 to read as follows:
"(b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $102,374.65 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy sheriff shall possess the same qualifications for office as required for the sheriff. The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he or she qualifies to run for the office of sheriff. designate and certify to the judge of the probate court the name of the person who shall be his or her chief deputy sheriff. In the event the office of sheriff becomes vacant by death, resignation, or otherwise, the vacancy shall be filled until the next general election by said chief deputy, who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriffofCobb County. The chiefdeputy sheriff is authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. In addition to said chief deputy, said sheriffshall be authorized to name and appoint such additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority ofCobb County; provided, however, that said salaries shall not be less than $4,880.00 per annum per each additional deputy approved by said governing authority of Cobb County. In addition to said chief deputy and

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other deputies provided for above, the sheriff ofCobb County shall be authorized to employ the clerical help necessary to perform properly the functions and duties of his or her office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. (c) In addition to those employees provided for by subsection (b) of this section, there is created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The individual appointed by the sheriff of Cobb County shall possess, as a minimum, a high school education or its equivalent and shall either be a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers or possess ten years of actual experience as a peace officer or be a graduate of a law school accredited by the Georgia Bar Association or be a graduate of the Southern Police Institute School of Police Management and Administration or have a master s degree from an accredited college or university. The salary of the chief investigator shall be $92,890.47 per annum, to be paid in equal monthly installments from the funds of Cobb County. (d) In addition to those employees provided for in subsections (b) and (c) of this section, there is created the position of executive assistant to the sheriff The executive assistant shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The sheriff shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive assistant. The salary of the executive assistant shall be $55,834.48 per annum, to be paid in equal monthly installments from the funds of Cobb County."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes.

3714 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 14th day of January 2004.
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 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 January 16, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
sl DON PARSONS Don Parsons Representative, District 29
Sworn to and subscribed before me, this 23rd day of February, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17,2004.
JEFF DAVIS COUNTY- JEFF DAVIS COUNTY PUBLIC FACILITIES AUTHORITY; CREATION.
No. 647 (House Bill No. 1777).
AN ACT
To create the Jeff Davis County Public Facilities Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, oaths, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and notes and their form, signatures thereon, negotiability, sale, and use ofproceeds from such sales; to provide for interim documents and for lost

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or mutilated documents; to provide for conditions for issuance; to limit investments; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for perpetual existence; to provide for liberal construction; 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 "Jeff Davis County Public Facilities Authority Act."

SECTION 2. Jeff Davis County Public Facilities Authority.

(a) There is hereby created a public body corporate and politic to be known as the "Jeff Davis 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 a minimum of seven and a maximum of nine members. The members of the authority shall be the same persons who are members of the Joint Development Authority ofJeffDavis County, Hazlehurst and Denton, Georgia, hereafter referred to as the "joint authority." As a result, the members shall have been jointly appointed to that joint authority by the Board of Commissioners of Jeff Davis County and the mayors and commissioners and councilpersons of the Cities ofHazlehurst and Denton, and the terms of the initial members ofthe authority shall expire June 30, 2004, and upon the appointment and qualification of their respective successors. As of July 1, 2004, the four members appointed to the joint authority for a term of four years, to expire June 30, 2008, shall be members of this authority for the same terms, and the remaining three to five members appointed to the joint authority for a term of two years, to expire June 30, 2006, shall be members of this authority for the same terms. Thereafter, all appointments to the joint authority for staggered terms of four years shall be appointments to this authority for the same terms. Immediately after such appointments, the members ofthe authority shall enter upon their duties. All terms,

3716 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
except the initial terms, shall begin on July 1 in the year of appointment and end on June 30 in the last year of the appointed term and upon the appointment and qualification of a successor. 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 Jeff Davis 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 and must take an oath of office for this authority in addition to any oath required for membership in the joint authority. (c) Members of the authority shall serve without compensation, except that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members ofthe 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 ofthe 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, qualified, and take office. (e) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. All vacancies shall be filled by the Board of Commissioners of Jeff Davis County and the mayors and commissioners and councilpersons of the Cities of Hazlehurst and Denton jointly filling such vacancies upon the joint authority. The authority members may make recommendations to the appointing governing authorities ofnames ofpersons to fill vacancies due to the expiration of an appointed term or otherwise. The members of the authority may also adopt appropriate rules and bylaws for conducting meetings and the business of the authority, election of officers, appointment of committees, and other matters relating to the duties and activities of the authority which are not inconsistent with this Act or any other laws.
SECTION3. Definitions.
As used in this Act, the term: ( 1) "Authority" means the Jeff Davis County Public Facilities Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost ofall lands, properties, rights, easements, franchises, permits, approvals, licenses, certificates, and water rights acquired; the cost of all buildings, machinery, fuel, supplies, and equipment; financing charges; interest prior to and during construction and for 18 months after completion ofconstruction; working capital, insurance premiums, the fees and expenses of engineers, architects, planners,

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interior designers, marketing agents, fiscal agents, trustees, attorneys, financial advisers, consultants, underwriters, plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability ofthe project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized in this Act; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. There may also be included as part of such costs of the project the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agreement. (3) "Project" means all land, buildings, facilities, and equipment necessary or convenient for the efficient operation of any jail or prison by Jeff Davis County, Georgia, or any department, agency, division, or commission thereof, and in Jeff Davis County. (4) "Revenue Bond Law" means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as amended, or any other similar law hereinafter enacted. (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (6) "Self-liquidating" means any project from which the revenues and earnings to be derived by the authority therefrom, including, but not limited to, any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (7) "State" means the State of Georgia.

SECTION 4. Powers.
The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes; to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best

3718 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
advantage of the authority. The authority shall be under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned. No property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless, at the time such property is so acquired, a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees ofevery kind, including, but not limited to, engineering, architectural, interior design and construction experts, fiscal agents, underwriters, attorneys, developers, and consultants and to fix their respective compensations; (5) To execute contracts, leases, agreements, and instruments necessary or convenient in connection with the acquisition, construction, development, addition, extension, improvement, equipping, operation, financing, or maintenance of a project; and any and all persons, firms, corporations, the State of Georgia, Jeff Davis County, Georgia, and any other political subdivision or municipality of the State of Georgia located in Jeff Davis 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 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 ofmoney 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 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; (1 0) 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

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(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 and bond anticipation notes 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 ofthe 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 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

3720 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
SECTION9. 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, bond anticipation notes, or temporary revenue bonds, with or without coupons, exchangeable for definitive revenue bonds upon the issuance of the latter.
SECTION 11. Same; replacement oflost 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 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

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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. Same; investment of bond proceeds and other moneys.

The authority shall invest the proceeds of any of its bonds, notes, or other obligations and any other moneys of the authority in only those investments in which such proceeds and moneys are authorized to be invested pursuant to Code Section 36-82-7 of the O.C.G.A. or any other general law applicable thereto.

SECTION 14. Credit not pledged.

Revenue bonds of the authority shall not be deemed to constitute a debt of Jeff Davis County, Georgia, nor a pledge of the faith and credit of said county, or any other political subdivision within Jeff Davis County, Georgia, 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 of this 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 15. 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.

3722 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 16. 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 ofsuch 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 17. Sinking fund.
The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, fines, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance ofthe revenue bonds or the trust indenture may provide. Such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
( 1) The interest upon such revenue bonds as the same shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. 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 18. 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 of the rights given in this Act, may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, and may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the

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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 19. 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 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 20. Venue and jurisdiction.

Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Jeff Davis 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 21. Interest of bondholders protected.

While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority 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 ofthis Act shall be for the benefit ofthe authority and the

3724 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 ofsuch revenue bonds.
SECTION 22. Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, or earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 23. Purpose of the authority.
Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing buildings, facilities, and services benefiting the residents of Jeff Davis County, Georgia.
SECTION 24. Rates, charges, and revenues; use.
The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as provided in this Act to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.
SECTION 25. Rules, regulations, service policies, and procedures for operation of projects.
It shall be the duty of the authority to prescribe rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The authority may adopt bylaws.
SECTION 26. Tort immunity.
To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Jeff Davis 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 frolll

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liability for torts and negligence as the officers, agents, and employees of JeffDavis County, Georgia, when in the performance of their public duties or work of the county.
SECTION 27. Effect on other governments.

This Act shall not and does not in any way take from Jeff Davis 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 28. Liberal construction of Act.

This Act is for the welfare ofthe State ofGeorgia, the various political subdivisions
of the state, and its inhabitants and shall be liberally construed to effect the purposes hereof.

SECTION29. 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 2004 session of the General Assembly ofGeorgia a bill to create the JeffDavis County Public Facilities Authority to engage in jail and prison projects involving buildings, facilities and equipment necessary or convenient for such county and other political subdivisions and to issue bonds and incur other obligations in connection with such projects; and for other purposes.
This 01 day of March, 2004.
Representative Bert Oliver l2lst District, Post 2
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bert S. Oliver, who on oath deposes and says that he is the Representative from District l21, Post 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the

3726 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Jeff Davis Ledger which is the official organ of Jeff Davis County on March 3, 2004, and that the notice requirements of Code Section 28-l-14 have been met.
s/ BERT S. OLIVER Bert S. Oliver Representative, District 121, Post 2
Sworn to and subscribed before me, this 12 day of March, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.
CITY OF POOLER- NEW CHARTER.
No. 648 (House Bill No. 1778).
AN ACT
To provide a new charter for the City of Pooler; to provide for incorporation, boundaries, and powers of the 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 city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right ofcertiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior

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ordinances, rules, and pending matters; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal specific Acts; 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. Incorporation.

The City of Pooler in Chatham County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of Pooler." References in the charter to "the city" or "this city" refer to the City of Pooler. The city shall have perpetual existence.
SECTION l.ll. 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 by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map or Description of the Corporate Limits ofthe City ofPooler, Georgia". Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. .(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Municipal powers.

(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of 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

3728 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
limiting in any way the powers of this city. Said powers shall include, but are not 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 ofsame if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (3) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (4) 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 the 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 governments and entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance ofwater resources, the control oferosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; or to comply with mandates enacted by the State of Georgia or any other governmental agency or authority; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations not

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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 within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (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 citizens, 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; (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 work camp or county jail; (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 ofthe 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 ofraising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks,

3730 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sewers and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and 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 ofany 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 for 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 or necessary; (29) Public utilities and services. To grant franchises or 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 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,

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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, and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees ofthe 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 negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and 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; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, construction, 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) 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 holding ofglass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use 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 peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, massage parlors, and entertainment displaying nudity;

3732 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (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 or similar conveyances. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
SECTION 2.10. City council creation; composition; number; election.
(a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. (b) The mayor and councilmembers 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 he or she shall have been a resident ofthis city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said 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 for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he or she desires his or her name to be

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placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 2 of Title 21 of the o.C.G.A., the "Georgia Election Code."

SECTION 2.11. Elections.

(a) At any election, all persons qualified under the Constitution and laws of the State of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the
election. (b) 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." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code." (c) There shall be a municipal general election biennially in the odd-numbered years on the Tuesday next following the first Monday in November. (d) The mayor and councilmembers in office on the effective date of this Act and any person selected to fill a vacancy in such office shall serve until the regular expiration of the term of office to which they were elected, which shall expire December 31,2005, and until their successors are elected and qualified. Successors to such mayor and councilmembers shall be elected at the municipal general election on the Tuesday next following the first Monday in November, 2005. All future successors to such mayor and councilmembers whose terms of office are to expire shall be elected at the time of the municipal general election immediately preceding the expiration of such terms and shall serve for terms of office of two years each and until the respective successors are elected and qualified. (e) For the purpose of electing members of the council, the City of Pooler shall consist of one election district with six at-large seats.

SECTION 2.12. Vacancies in office.

(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, incapacity, 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 ofthe 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 as provided in subsection (c) of this section.

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(c) In the event that the office of councilmember shall become vacant for any cause whatsoever, said vacancy in office shall be filled for the unexpired term by appointment by the remaining councilmembers and the mayor. Should the office of the mayor become vacant, the mayor pro tempore and council shall appoint from among its members a mayor. If the mayor pro tempore is chosen, the council will appoint another councilmember to hold the office of mayor pro tempore. The resulting vacancy on the council will be filled as provided for in this subsection.
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 plurality.
The candidates receiving a plurality of the votes cast for any city office shall be elected.
SECTION 2.15. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 ofTitle 36 of the O.C.G.A.
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:
(I) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge ofhis 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;

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(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 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 of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private financial interest in anY matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himselfor herselffrom 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 agency or entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he or she was elected. The provisions ofthis subsection shall not apply to any person holding employment on the effective date of this Act.

SECTION 2.17. Removal of officers.

(a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed for any one or more of the following causes:
( l) Incompetence, misfeasance, or malfeasance in office; (2) Upon indictment or presentation of charges for any felony, regardless of whether such charge relates to the performance of the activities of office; (3) Upon conviction for any misdemeanor involving moral turpitude;

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(4) Failure at any time to possess any qualifications of office as provided by this charter; (5) Abandonment of office or neglect to perform the duties thereof. This shall include, but is not limited to, wilful failure to attend more than three city council meetings in succession without prior written notice of the absence that shall also include grounds for absence. This does not apply to absences approved by council or excused by operation of law; 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 a vote of four councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right to call and cross-examine witnesses and to put up a defense at this investigative hearing. Additionally, any elected officer sought to be removed from office as provided in this section shall have the right to appeal from the decision of the city council to the Superior Court of Chatham County. Such appeal shall be governed by the same rules that govern appeals to the superior court from the probate court.
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 council shall be vested with all the powers of government of this city as provided by Article I of this charter.
SECTION 3.11. Organization.
(a) The city council 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. The oath of office shall be administered to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will support the Constitution ofthe United States and the laws of the State of Georgia; I am qualified to hold the office of (mayor)(councilmember) for the City of Pooler according to the Constitution and laws of the State of Georgia;

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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; I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; and That I will well and truly perform the duties of (mayor)(councilmember) of the City of Pooler to the best of my skill and ability, without favor or affection, so help me God." (b) The city council shall elect a mayor pro tempore. In the event this councilmember refuses to serve or resigns as mayor pro tempore or councilmember, the council shall elect by majority vote another councilmember as mayor pro tempore. During any disability or absence of the mayor, the mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall elect by majority vote a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council, in accordance with subsection (c) of Section 2.12 of this charter.

SECTION 3.12. Inquiries and investigations.

The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of those powers by the council shall be punished as provided by ordinance.

SECTION 3.13. Meetings.

(a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or four councilmembers. 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 ofany 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.

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(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 given as required by law.
SECTION 3.14. Procedures.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions ofthis charter and shall provide for keeping 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 3.15. Voting.
(a) Except as otherwise provided in subsection (b) of this section, four councilmembers shall constitute a quorum and shall be authorized to transact the business ofthe city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 3.16. Ordinances.
(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The City Council of the City of Pooler hereby ordains ..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18 ofthis 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

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copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 3.17. Effect of ordinances.

Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 3.18. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least four councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section ifthe 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. (b) Emergency 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 3.19. Codes.

(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 prescribed for ordinances generally except that:
(l) 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

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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 3.20 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 3.20. Codification of ordinances.
(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 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 shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "Code of Ordinances, City of Pooler, Georgia". Copies of the code shall be furnished to all officers, departments, and agencies of the city. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 3.21. City manager; appointment; qualifications, compensation.
The city council shall appoint a city manager for an indefinite term and shall fix his or her compensation. The city manager shall be appointed solely on the basis ofhis or her executive and administrative qualifications. Before assuming office, the city manager shall take an oath, given by the mayor, as provided in Section 3.11 of this charter.

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SECTION 3.22. Removal of city manager.

(a) The city council may remove the city manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of removal. (c) If the city manager is removed for cause, the city council may suspend the manager without pay notwithstanding the provisions of subsection (b) of this section. "Cause" shall be defined as those reasons or occurrences enumerated in subsection (a) of Section 2.17 ofthis charter.

SECTION 3.23. Acting city manager.

By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during his or her temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or his or her disability shall cease.

SECTION 3.24. 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 council for the administration of all city affairs

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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 he or she appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. He or she may authorize any administrative officer who is subject to his or her direction and supervision to exercise those powers with respect to subordinates in that officer's department, office, or agency; (2) He or she shall direct and supervise the administration of all department, offices, and agencies of the city, except as otherwise provided by this charter or bylaw; (3) He or she shall attend all city council meetings and shall have the right to take part in discussion, but he or she may not vote; (4) He or she shall see that all laws, provisions of this charter, and acts of the city council, 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 council; (6) He or she shall submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of the fiscal year; (7) He or she shall perform other such duties as are specified in this charter or as may be required by the city council; (8) He or she shall act as negotiator for the city and on behalf of the city council, subject to the approval of the mayor and city council; (9) He or she shall follow standard management practices and procedures in regards to city employees and their performance; and (10) He or she shall make payment of approved budgeted purchases and bills incurred by the city up to $1,500,00 and shall recommend to the city council for approval and payment for all purchases and bills in excess of $1 ,500.00. Any unbudgeted purchases shall also be recommended to the council for approval and payments,
SECTION 3.25. Chief executive officer; delegation of powers.
The mayor shall be the popularly elected chief executive officer of this city, The mayor shall possess all of the executive power granted to the city under the Constitution and laws of the State of Georgia and all the executive powers contained in this charter.

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SECTION 3.26. 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) 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 deems expedient; (3) Call special meetings of the city council as provided for in subsection (b) of Section 3.13 of this charter; (4) See that all funds of the city are properly accounted for and that all revenues are properly and promptly collected; (5) Provide for an annual audit of all accounts of the city; (6) Hold and attend meetings, participate in negotiations on behalfofthe city and city council with the advice and consent of the city council; (7) Preside at meetings of the city council and conduct other such meetings as may be necessary; (8) See that all meetings are conducted in a parliamentary manner and preserve order and decorum in such meetings; (9) Appoint and be an ex officio member of all standing committees and special committees of the city council; (10) See that all books and records ofthe city are properly and carefully kept and inspected; (11) Bind the city by signing any contract, obligation, or other matter entered into and authorized by ordinance or resolution ofthe city council properly passed in accordance with the provisions of this charter; (12) Perform such other duties as may be required by law, this charter or ordinance; and (13) Vote on matters before the city council in cases where the vote of the city council is evenly divided; in such cases, the mayor shall be counted toward a quorum as any councilmember.

ARTICLE IV ADMINISTRATIVE AFFAIRS

SECTION 4.10. Department heads.

(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions ofemployment, departments, and agencies ofthe city as necessary for the proper administration of the affairs and government of this city.

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(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) All directors under the supervision of the city manager shall be nominated by the mayor with confirmation of appointment by the city council. The city manager may suspend or remove directors under his or her supervision. The director involved may appeal to the city council which, after a hearing, may override the city manager s action by a vote of four councilmembers.
SECTION 4.11. Boards.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to 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 four members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct

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of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.
SECTION 4.12. City attorney.

The city council shall appoint a city attorney who shall be a member of the State Bar ofGeorgia and shall have actively practiced law for at least five years. The city attorney shall serve at the pleasure of the city council. 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 advise the city council, mayor, and other officers and employees of the city concerning legal aspects ofthe city's affairs, and shall perform such duties as may be required ofhim or her by virtue of his or her position as city attorney. The city council shall provide for the compensation of the city attorney.

SECTION 4.13. 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, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk. Before assuming office, the city clerk shall take an oath, given by the mayor, as provided in Section 3.11 of this charter.

SECTION 4.14. City finance officer.

The city council shall appoint a city finance officer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions ofthis charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection ofdelinquent taxes and sale or foreclosure for nonpayment oftaxes to the city. The finance officer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the city finance officer.

SECTION 4.15. Rules and regulations.

The city council shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment;

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(2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
SECTION 4.16. Mayor and council interference with administration.
Except for the purpose of inquiries with administration under Section 3.12 of this charter, the mayor, city council, or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the mayor nor councilmembers shall give orders to any such officer or employee, either publicly or privately.
ARTICLE V JUDICIAL BRANCH
SECTION 5.10. Municipal court.
There shall be a court to be known as the Municipal Court of the City of Pooler.
SECTION 5.11. 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 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the mayor with the approval of a majority of the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of four members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, as provided in Section 3.11 ofthis charter. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter.

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SECTION 5.12. Convening of court.

The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 5.13. Powers.

(a) The municipal court shall try and punish violators of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00, ten days in jail, or both. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for not more than 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 the authority to establish a schedule of fees to defray the cost ofoperation and shall be entitled to reimbursement of the actual cost ofmeals, 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 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. (t) 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 necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest ofpersons 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.

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(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 prosecution of traffic violations.
SECTION 5.14. Certiorari and appeal.
(a) 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 Chatham County, under the laws of the State ofGeorgia regulating the granting and issuance of writs of certiorari. (b) The orders, verdicts, judgments, and sentences of the municipal court shall be subject to appellate review in accordance with state law.
SECTION 5.15. Rules.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
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 governmenti services, for the repayment ofprincipal and interest on general obligations, and fol any other public purpose as determined by the city council in its discretion.

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SECTION 6.11. Millage.

The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.

SECTION 6.12. Occupation taxes and business license fees.

The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.

SECTION 6.13. Licenses.

The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who 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 pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, ifunpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.

SECTION 6.14. Franchises.

(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchises shall be granted for a period in excess of35 years and no franchise shall be granted

3750 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
unless the city receives just and adequate compensation therefor. The city council shall provide for the registration ofall franchises with the city clerk in a registration book kept for that purpose. 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 the 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 fees.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city ofproviding or making available such services. Ifunpaid, 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, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. 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 allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law.

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This shall include providing for the dates when the taxes or fees are due, late penalties o~ interest, issuance and execution of fi. fas., creation and priority ofliens, making dehnquent taxes and fees personal debts of the persons reqmred to pay the taXes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions.
SECTION 6.19. Borrowing.

The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.

Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.

SECTION 6.21. Short term loans and lease-purchase contracts.

(a) The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by Jaw. (b) 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 6.22. Fiscal year.

The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.

3752 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.23. Budget ordinance.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution ofan annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply with the provisions of Chapter 81 ofTitle 36 ofthe O.C.G.A.
SECTION 6.24. Operating budget.
On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies ofthe city, the important features ofthe budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.25. Adoption.
(a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year not later than December 31 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and 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 ofthis 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

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3753

or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.

SECTION 6.26. Levy of taxes.

Following adoption ofthe operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.

SECTION 6.27. Changes in budget.

The city council by majority vote may make changes in the appropnat10ns contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes.

SECTION 6.28. Capital improvements.

(a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.18 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council.

3754 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfYing the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
SECTION 6.30. Procurement and property management.
No contract with the city shall be binding on the city unless: (I) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him or her to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter.
SECTION 6.31. Purchasing.
The city council shall by ordinance prescribe procedures for a system ofcentralized purchasing for the city.
SECTION 6.32. Sale of property.
(a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the 'City has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract ofland is cut off or separated by such work from a larger tract or boundary ofland owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract ofland to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place and such other consideration as may be required by law when such exchange is deemed to be in the best interest of this city. All deeds and

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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. Rules and regulations.

All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. 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, or offices as may be provided by the city council.

SECTION 7.13. 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, the masculine shall include the feminine, and vice versa.

SECTION 7.14. Eminent domain.

The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public

3756 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 City of Pooler in the County of Chatham, approved March 31, 1976 (Ga. L. 1976, p. 3419), is repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.
SECTION 7.17. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to provide a new charter for the City of Pooler, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority, a city manager, officers, departments, agencies, operation, administration, judiciary, elections, finance, revenue, and taxation; to provide for other related matters; to provide for specific and general repeals; and for other purposes.
This 1st day of March, 2004.
Representative Ron Stephens 123rd District

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GEORGIA, FULTON COUNTY

personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Stephens, who on oath deposes and says that he is the Representative from District 123 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on March 6, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RON STEPHENS Ron Stephens Representative, District 123

Sworn to and subscribed before me, this 9th day of March, 2004.

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

Approved May 17, 2004.

CITY OF GUYTON- CORPORATE LIMITS.
No. 649 (House Bill No. 1780).
AN ACT
To amend an Act reincorporating the City of Guyton in the County of Effingham, approved April12, 1982 (Ga. L. 1982, p. 3806), so as to annex certain territory into the city and change the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. An Act reincorporating the City of Guyton in the County of Effingham, approved April 12, 1982 (Ga. L. 1982, p. 3806), is amended by adding at the end of subsection (a) of Section 1.11 of said Act a newundesignated subsection to read as follows:

3758 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"In addition to all other territory included in the corporate limits of the City of Guyton, the following described property shall also be within and a part of the corporate limits of the City of Guyton:
'Property in the vicinity of Archer Road' All that land lying and being in the Tenth G.M. District, Effingham County, Georgia, being more particularly described as follows:
Tract One: All that certain lot, tract or parcel of land situate, lying and being in the 1Oth G.M. District, Effingham County, Georgia, containing 61.7 acres, more or less, as shown and more particularly described as Lot One (1) on that certain map or plan made by Robert L. Bell, dated May 13, 1968, recorded in Plat Book 5, page 89, in the records of the Clerk of Superior Court of Effingham County, Georgia. For a more particular description reference is hereby made to the aforesaid plat, which is specifically incorporated herein and made a part hereof. This being the same property conveyed by Warranty Deed from Henry H. Archer to Allen D. Parker, dated June 24, 1978, recorded in Deed Book 185, page 191, aforesaid records; and also, Tract Two: All that certain lot, tract or parcel of land situate, lying and being in the 1Oth G.M. District, Effmgham County, Georgia, containing 53.9 acres, more or less, as shown and more particularly described on that certain map or plan made by Paul Weitman, dated March 22, 1969, recorded in Plat Book I, page 329 and Plat Book 4, page 159, in the records of the Superior Court of Effingham County, Georgia. For a more particular description reference is hereby made to the aforesaid plat, which is specifically incorporated herein and made a part hereof. This being the same property conveyed by Warranty Deed from K.T. Wallace to Allen D. Parker and Ouida C. Parker, dated August 18, 1978, recorded in Deed Book 186, page 92, aforesaid records, and also; Tract Three: All that certain lot, tract or parcel of land situate, lying and being in the 1Oth G.M. District, Effingham County, Georgia, containing 1.62 acres, more or less, as shown and more particularly described on that certain map or plan made by Paul D. Wilder, dated August 21, 1978, recorded in Plat Book 12, page 118, in the records of the Clerk of Superior Court of Effingham County, Georgia. For a more particular description reference is hereby made to the aforesaid plat, which is specifically incorporated herein and made a part hereof. This being the same property conveyed by Warranty Deed from Frank B. Wireman to Allen D. Parker and Ouida C. Parker, dated September 7, 1978, recorded in Deed Book 186, page 349, aforesaid records. Said parcels of land being that conveyed by Allen D. Parker and Ouida C. Parker to Del A Rae, Inc., deed of said conveyance recorded in the Office of Clerk of Superior Court, Effingham County, Georgia, on January 28, 2002, in Deed Book 793, page 297.

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Such area less and except 17.37 acres sold to Affordable Home Builders, Inc., being more particularly described as follows:
All those certain lots, tracts or parcels ofland situate, lying and being in the lOth G.M. District, Effingham County, Georgia, being known as Lots 1, 2, 3,4,5,6, 7,8,9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20,21,22,23,24,25, 26, 27, 28, 29 and 30, Archer Road Development, as shown and more particularly described on that certain map or plat made by EMC Engineering Services, Inc., recorded in Plat Cabinet B, Slide 175-A, in the records of the Clerk of Superior Court of Effingham County, Georgia. For a more particular description reference is hereby made to the aforesaid plat, which is specifically incorporated herein and made a part hereof. This being a portion of the same property conveyed by Warranty Deed from Allen D. Parker and Ouida C. Parker to Del A Rae, Inc., dated January 24, 2002, recorded in Deed Book 793, page 297, aforesaid records. Said excluded parcels of land being that conveyed by Del A Rae, Inc. to Affordable Home Builders, Inc. deed ofsaid conveyance recorded in the Office of Clerk of Superior Court, Effingham County, Georgia, on June 27,2002, in Deed Book 844, page 306.'

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

SECTION3. All laws and parts of laws in conflict with this Act are repealed.

Notice oflntention to Introduce a Local Act.
Notice is given that legislation will be introduced at the present session of the General Assembly of the State ofGeorgia to annex certain territory into the City of Guyton, specifically property in the vicinity of Archer Road, and change the corporate limits ofthe city; to provide for related matters; to repeal conflicting laws; and for other purposes.
C. D. Dean, ir., Mayor of Guyton.
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 oflntention to Introduce Local Legislation was published in the Effingham

3760 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Herald which is the official organ of Effingham County on March 2, 2004, and that the notice requirements of Code Section 28-l-14 have been met.
sl ANN R. PURCELL Ann R. Purcell Representative, District 122
Sworn to and subscribed before me, this 9th day of March, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.
CITY OF GUYTON- CORPORATE LIMITS; REFERENDUM.
No. 651 (House Bill No. 1781 ).
AN ACT
To amend an Act reincorporating the City of Guyton in the County of Effingham, approved Aprill2, 1982 (Ga. L. 1982, p. 3806), so as to annex certain territory into the city and change the corporate limits of the city; to provide for related matters; to provide for a referendum; to provide for submission; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. An Act reincorporating the City of Guyton in the County of Effingham, approved April 12, 1982 (Ga. L. 1982, p. 3806), is amended by adding at the end of subsection (a) of Section 1.11 ofsaid Act a new undesignated subsection to read as follows:
'In addition to all other territory included in the corporate limits of the City of Guyton, the following described property shall also be within and a part of the corporate limits of the City of Guyton:
'Sugar Hill community' All that land lying and being in the Tenth G.M. District, Effingham County, Georgia, being more particularly described as follows:

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For a beginning reference point, commence at the intersection of Poplar Street with Fourth Street Extension, and from said beginning point, thence run northeast along Fourth Street Extension to its intersection with Griffin Road; thence northwest along Griffin Road to the intersection of Griffin Road with Williams Road; thence southwest along Williams Road to the intersection of Williams Road and Brogdon Road; thence southwest along Brogdon Road to the intersection of Brogdon Road with Hunter Street; thence in a generally north-northwest direction along Hunter Street to its deadend intersection with Samuel Smalls, Sr. Avenue; thence in a line running northwest from the intersection ofHunter Street and Samuel Smalls, Sr. Avenue to that line s intersection with Shrimps Creek; thence southwest along Shrimps Creek to its intersection with the existing city limits of the City of Guyton. This description delineates the boundaries of the area known as the Sugar Hill community. Such newly annexed territory shall also include all property located within 200 feet of any afore-described roadway or line.'

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Effingham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Effingham County residing in the area described in Section 1 of this Act as the Sugar Hill Community, but outside the existing municipal boundaries of the city, 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 Effingham County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which annexes the Sugar Hill community NO ( ) into the corporate limits of the City of Guyton?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Guyton. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

3762 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION3. The governing authority of the City of Guyton 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 30 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 Intention to Introduce a Local Act.
Notice is given that legislation will be introduced at the present session of the General Assembly of the State of Georgia to annex certain territory into the City of Guyton, specifically the area more generally known as the Sugar Hill Community, and change the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes. C. D. Dean, Jr., Mayor of Guyton.
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 oflntention to Introduce Local Legislation was published in the Effingham Herald which is the official organ ofEffingham County on March 2, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ANN R. PURCELL Ann R. Purcell Representative, District 122
Sworn to and subscribed before me, this 9th day of March, 2004.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

GEORGIA LAWS 2004 SESSION
My Commission Expires Nov. 18, 2005 (SEAL) Approved May 17,2004.

3763

CITY OF DALTON- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; REFERENDUM.
No. 652 (House Bill No. 1782).
AN ACT
To provide a homestead exemption from City of Dalton independent school district ad valorem taxes 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
( 1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the City of Dalton independent school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire independent school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 70 years of age or over on or before January 1 ofthe year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City ofDalton independent school district who is a senior citizen is granted an exemption on that person s homestead from City of Dalton independent 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. (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 Dalton, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City ofDalton, or the designee thereof,

3764 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Dalton, 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 Dalton, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or county school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to the City of Dalton independent school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January l, 2005.
SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Dalton 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 Dalton independent school district for approval or rejection. The municipal 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 municipal election 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 Whitfield County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from City ofDalton independent school district ad valorem taxes for
NO ( ) 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, Section 1of 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

GEORGIA LAWS 2004 SESSION

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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 Dalton. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Notice oflntent to Introduce Local Legislation
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to provide a homestead exemption from City ofDalton independent school district ad valorem taxes for educational purposes to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
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 5, 2004, 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 12th day of March, 2004.
sf DEANA COKER Deana Coker Notary Public, Henry County, Georgia

3766 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Aug. 25,2007 (SEAL)
Approved May 17, 2004.
CITY OF DALTON- HOMESTEAD EXEMPTION; SENIOR CITIZENS; CITY TAXES; REFERENDUM.
No. 653 (House Bill No. 1783).
AN ACT
To provide for a homestead exemption from City of Dalton ad valorem taxes for municipal purposes in the amount of $150,000.00 of the assessed value of the homestead for residents of that city who are 70 years of age or over; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Dalton, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 70 years of age or over on or before January 1 ofthe year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Dalton who is a senior citizen is granted an exemption on that person's homestead from City of Dalton ad valorem taxes for municipal 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. (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 Dalton, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority ofthe City ofDalton, or the designee thereof. to make a determination regarding the initial and continuing eligibility of such

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owner for such exemption. The governing authority of the City of Dalton, 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 Dalton, 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 lieu of and not in addition to 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 Dalton 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 Dalton for approval or rejection. The municipal 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 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 Whitfield 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 Dalton ad valorem taxes for municipal purposes in the
NO ( ) amount of $150,000.00 of the assessed value of the homestead for residents of that city 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 ofthe 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

3768 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of such election shall be borne by the City of Dalton. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Notice oflntent to Introduce Local Legislation
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to provide a homestead exemption from City of Dalton ad valorem taxes for municipal purposes; 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.
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 5, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
sf ROGER WILLIAMS Roger Williams Representative, District 4
Sworn to and subscribed before me, this 12th day of March, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.

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CITY OF EAST DUBLIN- CORPORATE LIMITS.

No. 654 (House Bill No. 1784).

AN ACT

To amend an Act providing a charter for the City of East Dublin, approved April9,
1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4487), 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 l. 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 June 3, 2003 (Ga. L. 2003, p. 4487), is amended by adding a fifth unnumbered paragraph to Section 1.11 to read as follows:
'The corporate limits of the City of Dublin shall also embrace the following described property:
All that portion of property located in Laurens County, Georgia, bounded by Nathania! Drive, Oakwood Drive, and the present city limits ofthe City of East Dublin, Georgia."

SECTION2. 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 2004 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 property located in Laurens County, Georgia bounded by Nathania! Drive, Oakwood Drive, and the present city limits of the City of East Dublin, Georgia.
This 4th day of March, 2004.
S. DuBose Porter Representative, 43rd

3770 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 March 6, 2004, 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 12th day of March, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.
CITY OF MACON- COMMUNITY IMPROVEMENT DISTRICTS; CREATION.
No. 655 (House Bill No. 1786).
AN ACT
To provide for the creation of one or more community improvement districts in the City of Macon; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide procedures for termination of the district or districts; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for debt of said district or districts; to provide for cooperation with local governments; to provide for powers

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ofsaid boards; to provide for notes and other obligations ofsaid district or districts; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of notes or other obligations, and subsequent issues of notes or other obligations; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be referred to as the "City of Macon Community Improvement District Act."
SECTION2. Purpose.

The purpose of this Act shall be to provide enabling legislation for the creation of one or more community improvement districts within the City of Macon, and such district or districts may be created for the provision of some or all of the following governmental services and facilities as provided and authorized by Article IX, Section VII ofthe Constitution of the State ofGeorgia and the resolution activating each district as it now exists or hereafter amended or supplemented as provided for by law, including, but not limited to:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices and services to control the flow of traffic on streets and roads or services in connection therewith; (2) Parks and recreational areas and facilities and services; (3) Public transportation, including, but not limited to, services intended to reduce the volume of automobile traffic, to transport two or more persons in conveyances, to improve air quality, and to provide bicycle and pedestrian facilities and the operation of a traffic management association or similar entity and services; (4) Terminal and dock facilities and parking facilities and services; and (5) Such other services and facilities as may be provided for by general law or as the Georgia Constitution may authorize or provide now or hereafter.

SECTION3. Definitions.

As used in this Act, the term:

3772 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
( 1) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation ofdairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of a community improvement district herein authorized. (3) "Caucus of electors" means the meeting of electors hereinafter provided for at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast. (4) "City council" means the city council of the City of Macon. (5) "City governing authority or body" means the city council and the mayor. (6) "District" means the geographical area designated as such by the resolution of the governing body of the City of Macon consenting to the creation of the community improvement district or districts or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (7) "Electors" means the owners of real property within the given district which is subject to taxes, fees, and assessments levied by the board, as they appear on the most recent ad valorem real property tax return records of Bibb County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing to the Bibb County tax commissioner and the city clerk of the City of Macon at least ten days prior to an election. An owner of property that is subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners ofone parcel have one vote for an election based on numerical majority which must be cast by one of their number who is designated in writing. (8) "Equity electors" means electors who cast votes equal to each $1 ,000.00 value of all owned real property within the given district which is then subject to taxes, fees, and assessments levied by the board. Value of real property shall be the assessed value. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree farming operation. The term does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "Hereby," "herein," "hereunder," and "herewith" mean under this Act. (11) "Mayor" means the mayor of the City of Macon.

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(12) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing offixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvements for the purposes set forth in Section 2 of this Act. (13) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Bibb County within the district as certified by the Bibb County tax commissioner. (14) "Property used nonresidentially" means property or any portion thereofused for neighborhood shopping, planned shopping centers, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. (15) "Residential" means a specific structure, work, or improvement undertaken primarily to provide either single family or multifamily dwelling accommodations for persons and families of four units or less, and for which an application for homestead exemption has been filed and accepted. (16) "Taxpayer" means an entity or person paying ad valorem taxes on real property, whether on one or more parcels ofproperty within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. (17) "Value" or "assessed value" ofproperty means the values established in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the Bibb County Board of Tax Assessors.

SECTION 4. Creation.

Pursuant to Article IX, Section VII ofthe Constitution ofthe State ofGeorgia, there is created one or more community improvement districts to be located in the City of Macon, Georgia, wholly within the incorporated area thereof, which shall be activated upon compliance with the conditions set forth in this section. Each district, if more than one are implemented, shall be governed as directed by this Act. The conditions for such activation shall be:
(l) The adoption of a resolution consenting to the creation of the community improvement district or districts by the governing authority for the City ofMacon and imposing such conditions on the projects and activities which may be

3774 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
undertaken as will ensure their compatibility with adopted city policies and planning for the area; and (2) The written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the given district which will be subject to taxes, fees, and assessments levied by the board of the given district; and (B) The owners of real property within the given district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Bibb County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to such proposed district. The district or districts or respective board or boards created under this Act shall not transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State and with the city clerk of the City of Macon, who shall each maintain a record of the district activated under this Act. Nothing contained herein shall limit the ability of the governing authority of the City of Macon to implement more than one community improvement district so long as the requirements hereof and of the Georgia Constitution are satisfied. The provisions of this Act shall be construed so as to provide for the independent application and exercise of all powers for each district contained herein including the ability to levy taxes as outlined herein as separately and independently authorizing and empowering such separate community improvement districts created hereby. Nothing contained herein shall require the governing authority of the City of Macon to create more than one community improvement district, or to require the creation of a new district if the district boundaries of an existing district are changed, added to, supplemented, or modified.
SECTIONS. Administration, appointment, and election of board members.
Each district created pursuant hereto shall be administered either by the governing authority or by a board as prescribed under this Act. In the event that a district is
to be governed by such a board, the board shall be composed of a minimum of
seven board members to be appointed and elected as hereinafter provided: (1) Two board members shall be appointed by the mayor of the City of Macon, and confirmed by a majority of the city council, one of whom shall be a member of the city council, to serve in posts 6 and 7. Three board members shall be elected by the vote of electors, and two members shall be elected by the vote of equity electors. The members representing the electors and equity electors shall

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be elected to serve in post positions 1 through 5, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for posts l and 2 shall be cast by electors, and votes for posts 3, 4, and 5 shall be cast by the equity electors. The initial term ofoffice for the members representing posts 1 and 3 shall be one year. The initial term of office for the members representing posts 2 and 5 shall be two years, and the initial term of office of the members representing post 3 shall be three years. Thereafter, all terms of office shall be for four years, except the appointed board members who shall serve at the pleasure of the appointing body which appointed him or her. Elected board members shall be subject to recall in the same manner as elected. (2} The initial board members to be elected as provided in paragraph (1) of this section shall be elected in a caucus of electors which shall be held within 120 days after the adoption of the resolution by the City of Macon consenting to the creation of the district, and the obtaining of the written consents herein provided at such time and place within the district as the City of Macon shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of Bibb County as hereinafter provided. Thereafter, there shall be conducted annually, not later than 120 days following the last day for filing ad valorem real property tax returns in Bibb County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms expire or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held hereunder, notice thereof shall be given to said electors by publishing notice thereof in the legal organ of Bibb County at least once each week for four weeks prior to such election. (3) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses reasonably incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary/treasurer, either of whom may, but need not, be a member of the board or an elector. (4) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipality's boundaries are changed to include land within an existing district, the governing authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 of this Act. If, by municipal annexation or by deannexation of land from a district, the district no longer includes land within the incorporated area of the City of Macon or within a municipality, respectively, then the board member of the district appointed by

3776 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
such governing authority in which the district is no longer located shall cease to be a board member. (5) Chapter 2 of Title 21 ofthe O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. Should a vacancy in office of a district board member occur, and the regular caucus of electors is more than six months in the future, a special election shall be called to fill such vacancy, unless it is filled by appointment as hereinabove required. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.
SECTION 6. Taxes, fees, and assessments.
(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws ofthe State ofGeorgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2. 5 percent ofthe aggregate assessed value of all such real property, subject to such limitations as the governing authority for the City ofMacon may implement with the adoption of the resolution creating to the consent of the creation of said district. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing those governmental services and facilities set forth in Section 2 of this Act which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by the City of Macon in the same manner as taxes, fees, and assessments are levied by the City of Macon. Delinquent taxes shall bear the same interest and penalties as City of Macon ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 0.25 percent thereof, but not more than $10,000.00 in any one calendar year, shall be transmitted as soon as they are acquired by the City of Macon to the board, and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the taxes provided for in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify in writing the collecting governing bodies so they may include the levy on their regular ad valorem tax bills, if possible. (c) There shall be a segregation of all funds from the levy of taxes, fees, and assessments as described hereunder for the district, and neither the City of Macon.

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nor the Bibb County tax commissioner shall expend for any purpose not authorized by the board of this district, any such taxes, fees, or charges assessed and collected hereunder except for such costs as may be attributed to the billing and collection of such fees, levies, and assessments. (d) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear the tax millage levied by the district then extant upon such parcel for indebtedness of the district then outstanding until said indebtedness is paid or refunded.
SECTION 7. Boundaries of the district.

(a) The boundaries of the district or districts shall be as designated as such by the City of Macon as set forth in the resolution required in Section 4 of this Act, or as may thereafter be added as hereinafter provided. (b) The boundaries of the district or districts may be increased after the initial creation of a district if:
(1) Written consent of the owners of any real property sought to be annexed is first obtained; (2) The board of the district adopts a resolution consenting to the annexation;
and
(3) A resolution is adopted which grants consent to the annexation by the governing authority of such municipalities as may have area within the district before or after the annexation.

SECTION 8. Debt.

Except as otherwise provided in this section, the district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of the State ofGeorgia, which debt shall be backed by the full faith and credit and taxing power ofthe district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district; provided, however, that the Board and the district may not issue bonds validated under or in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provisions governing bond validation generally or as may be provided by law.

SECTION9. Cooperation with local governments.

The services and facilities provided pursuant hereto may be provided for in a cooperation agreement executed jointly by the board, the governing body of the City of Macon, and any municipalities and other governmental authorities or

3778 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
agencies within which the district is partially located. The provisions ofthis section shall in no way limit the authority of the City of Macon or any such municipality or any such authority to provide services or facilities within the district; and the City of Macon or such municipalities shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the municipality or county. Nothing contained in this section shall be construed to limit or preempt the application ofany governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein.
SECTION 10. Powers.
(a) The district and the board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power to:
( l) Bring and defend actions; (2) Adopt and amend a corporate seal; (3) Make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) Finance (by loan, private grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the board is authorized to receive, accept, and use; (6) Borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing;

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(7) Issue notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all reasonably incurred costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; provided, however, that the Board and the district may not issue bonds validated under or in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provisions governing bond validation generally or as may be provided by law; (8) Make application directly or indirectly to any private source for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such private source; provided, however, that the district and the board shall not have the power to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources; (9) Enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) Contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (I I) Grant, mortgage, convey, assign, or pledge its property, revenues or taxes, or fees or assessments to be received as security for its notes, or other indebtedness and obligations; (12) Receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (13) Receive and administer gifts, private grants, and devises of money and property of any kind and to administer trusts; (14) Use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (15) Appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses;

3780 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(16) Encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long range plans or proposals for the district in cooperation with the City of Macon and any municipal corporations in which the district is wholly or partially located; ( 17) Invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; ( 18) Adopt bylaws governing the conduct of business by the board, the election and duties of officers ofthe board, and other matters which the board determines to deal with in its bylaws; ( 19) Exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (20) Do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act, and no such power limits or restricts any other power of the board except where expressly noted.
SECTION 11. Construction; notice, proceeding, publication, referendum.
This Act shall be liberally construed to effect the purposes hereof. No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum.
SECTION 12. Applicability of Chapter 5 of Title 10 of the O.C.G.A.,
the "Georgia Securities Act of 1973."
The offer, sale, or issuance ofnotes, or other obligations by the district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973."
SECTION 13. Dissolution.
(a) A district activated under the provisions of this Act may be dissolved upon the occurrence of any of the following:
( 1) The adoption of a resolution approving of the dissolution of the community improvement district by the City of Macon and such municipalities if partiallY within one or more municipalities; or

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(2) The written consent to the dissolution ofthe community improvement district
by: (A) A majority of the owners of real property within the district subject to taxes, fees, and assessments levied by the board of the district; or (B) The owners of real property constituting at least 75 percent by value of all real property within the district subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest.
The written consent provided for in this paragraph shall be submitted to the Bibb County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to the proposed district dissolution. (b) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (c) Upon a successful dissolution action, all noncash assets ofthe district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property owner relative to the total revenues paid by all properties in the district. (d) When a dissolution becomes effective, the municipal governing authority, or the governing authority of a county if wholly within the incorporated area thereof, shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (e) A district may be reactivated in the same manner as an original activation.

SECTION 14. Repealer.

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

GEORGIA, BIBB COUNTY

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Pursuant to the provisions of Section 28-1-14 of the Official Code of Georgia Annotated, notice is hereby given that application will be made to the 2004 Session of the General Assembly of Georgia to adopt and provide for the creation of a community improvement district in the City of Macon; to provide for a short title;

3782 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to provide for the purposes ofsaid district; to provide for definitions; to provide for a board to administer said district; to provide for the appointment and election of members of said board; to provide for taxes, fees, and assessments; to provide for the boundaries of said district; to provide for a tax cap; to specify conditions whereby the continued existence of the district or the continued existence of any one or more of the powers granted to the district may be terminated; to provide procedures for termination of the district; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for debt ofsaid district; to provide for cooperation with local governments; to provide for powers of said board; to provide for notes and other obligations of said district; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of notes or other obligations, and subsequent issues of notes or other obligations; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
This 17th day of February, 2004. Brian J. Passante
Attorney for the City of Macon CID Steering Committee
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 21, 2004, 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 12th day of March, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2005 (SEAL)
Approved May 17, 2004.

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3783

COLUMBIA COUNTY- BOARD OF EDUCATION; CHAIRPERSON; ELECTION; NONBINDING REFERENDUM.

No. 656 (House Bill No. 1787).

AN ACT

To amend an Act to provide for the election of the members of the board of education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708),
as amended, so as to provide for the holding of a nonbinding referendum in the
Columbia County School District in conjunction with the 2004 General Election on the question of whether the chairperson of the Columbia County Board ol Education should be elected by the voters of the entire Columbia County School District; to provide for related matters; to require submission of this Act for 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 to provide for the election of the members of the board of education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, is amended by adding a new Section 6A to read as follows:

sECTION 6A. Unless otherwise prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Columbia County shall call and conduct an election on the date of the 2004 General Election as provided in this section for the purpose of submitting to the electors of the Columbia County School District a nonbinding referendum on the question of whether the chairperson of the Columbia County Board of Education should be elected by the voters of the entire Columbia County School District. 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 Columbia County. The ballot shall have written or printed thereon the .words:
'NONBINDING REFERENDUM YES ( ) Shall the chairperson of the Columbia County Board of Education
be elected by the voters of the entire Columbia County School NO ( ) District?'
All persons desiring to vote in favor of electing the chairperson of the Columbia County Board of Education by the voters of the entire Columbia County School District shall vote 'Yes,' and all persons desiring to vote against electing the

3784 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
chairperson of the Columbia County Board of Education by the voters of the entire Columbia County School District shall vote 'No.' The expense of such election shall be borne by the Columbia County Board ofEducation.0
SECTION 2. The Board of Education of Columbia 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 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 2004 regular session of the General Assembly of Georgia a bill to amend an Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708); to repeal conflicting laws; and for other purposes.
This llth day ofFebruary, 2004.
Ben L. Harbin State Representative, District 80
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben L. Harbin, who on oath deposes and says that he is the Representative from District 80 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Columbia County News-Times which is the official organ of Columbia County on Februar)' 18, 2004, and that the notice requirements of Code Section 28-l-14 have been met
sl BEN L. HARBIN Ben L. Harbin Representative, District 80

GEORGIA LAWS 2004 SESSION
swom to and subscribed before me, this 9th day of March, 2004.
sf SUSAN GORDON susan Gordon Notary Public, Rockdale County, Georgia
My Commission Expires Nov. 18,2005
(SEAL)
Approved May 17, 2004.

3785

CITY OF GRAY- CORPORATE LIMITS.
No. 657 (House Bill No. 1788).
AN ACT
To amend an Act creating a new charter for the City of Gray, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended, particularly by an Act approved April18, 1969 (Ga. L. 1969, p. 2977), so as to change the corporate limits of that city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. An Act creating a new charter for the City of Gray, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended, particularly by an Act approved Aprill8, 1969 (Ga. L. 1969, p. 2977), is amended by adding after Section 2B a new section to read as follows:
"SECTION 2C. In addition to the territory embraced within the corporate limits of the City of Gray as otherwise provided in this charter, the following described property shall also be embraced within the corporate limits of the City of Gray and shall be a part thereof:
All that tract or parcel of land lying and being in Land Lots 4 and 5 of the 9th Land District and Land Lots 4, 5, 20, 21 and 29 of the 8th Land District, Jones County, Georgia containing 42.1 acres, more or less, and being more particularly described as follows:
Beginning at the intersection of the southeasterly right of way of U.S. Highway 129 and the southwesterly right of way of Lite-n-Tie Road said point being the POINT OF BEGINNING;

3786 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THENCE South 53 degrees 16 minutes 00 seconds West for a distance of 1676.78 feet to a point
THENCE North 36 degrees 44 minutes 00 seconds West for a distance of 47.00 feet to a point
THENCE South 53 degrees 16 minutes 00 seconds West for a distance of 95.91 feet to a point
THENCE along a curve to the left having a radius of7586.44 feet and an arc length of 160.76 feet, being subtended by a chord of South 52 degrees 45 minutes 13 seconds West for a distance of 160.75 feet to a point
THENCE South 37 degrees 51 minutes 12 seconds East for a distance of 47.00 feet to a point
THENCE along a curve to the left having a radius of7539.44 feet and an arc length of 646.29 feet, being subtended by a chord of South 49 degrees 41 minutes 27 seconds West for a distance of 646.09 feet to a point
THENCE North 42 degrees 45 minutes 53 seconds West for a distance of 47.00 feet to a point
THENCE along a curve to the left having a radius of7586.44 feet and an arc length of 1140.06 feet, being subtended by a chord of South 42 degrees 55 minutes 48 seconds West for a distance of 1138.98 feet to a point
THENCE South 38 degrees 41 minutes 27 seconds West for a distance of 63.64 feet to a point
THENCE South 51 degrees 18 minutes 33 seconds East for a distance of 47.00 feet to a point
THENCE South 38 degrees 41 minutes 27 seconds West for a distance of 652.25 feet to a point
THENCE North 51 degrees 18 minutes 33 seconds West for a distance of 47.00 feet to a point
THENCE South 38 degrees 40 minutes 0 1 seconds West for a distance of 435.07 feet to a point
THENCE South 51 degrees 19 minutes 06 seconds East for a distance of 47.00 feet to a point
THENCE South 38 degrees 36 minutes 11 seconds West for a distance of 70.38 feet to a point
THENCE North 51 degrees 19 minutes 22 seconds West for a distance of 47.00 feet to a point
THENCE South 38 degrees 36 minutes 34 seconds West for a distance of 4058.74 feet to a point
THENCE along a curve to the left having a radius of3745.06 feet and an
arc length of 1422.65 feet, being subtended by a chord of South 27 degrees 48 minutes 19 seconds West for a distance of 1414.11 feet to a point
THENCE South 16 degrees 49 minutes 47 seconds West for a distance of 1220.33 feet to a point
THENCE North 73 degrees 10 minutes 13 seconds West for a distance of 153.00 feet to a point

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THENCE North 16 degrees 49 minutes 47 seconds East for a distance of 1220.58 feet to a point
THENCE along a curve to the right having a radius of3898.06 feet and an arc length of 1480.60 feet, being subtended by a chord ofNorth 27 degrees 48 minutes 15 seconds East for a distance of 1471.72 feet to a point
THENCE North 38 degrees 37 minutes 31 seconds East for a distance of 5280.08 feet to a point
THENCE along a curve to the right having a radius of7739.44 feet and an arc length of 1990.23 feet, being subtended by a chord of North 45 degrees 59 minutes 31 seconds East for a distance of 1984.75 feet to a point
THENCE North 53 degrees 16 minutes 00 seconds East for a distance of 95.91 feet to a point
THENCE South 36 degrees 44 minutes 00 seconds East for a distance of 57.00 feet to a point
THENCE North 53 degrees 16 minutes 00 seconds East for a distance of 1676.78 feet to a point
THENCE South 36 degrees 44 minutes 00 seconds East for a distance of 143.00 feet to the POINT OF BEGINNING."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Notice of Intention to Introduce Local Legislation
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Gray, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended, particularly by an Act approved April 18, 1969 (Ga. L. 1969, p. 2977), so as to change the corporate limits of that city; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who on oath deposes and says that he is the Representative from 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 26, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ KENNETH W. BIRDSONG Kenneth W. Birdsong Representative, District 104

3788 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 12th day of March, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25,2007 (SEAL)
Approved May 17, 2004.
LEE COUNTY- LEE COUNTY PARKS AND RECREATION AUTHORITY; CREATION.
No. 658 (House Bill No. 1789).
AN ACT
To create the Lee County Parks and Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate golf courses and associated facilities and athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, swimming and wading pools, hiking, camping, and picnicking areas and facilities, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, related buildings, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, to acquire parking facilities and parking areas in connection therewith, to acquire the necessary property therefor, both real and personal, and to lease, buy, and sell any or all of such facilities, including real property; to confer powers and to impose duties on the authority, the execution of which shall be in the discretion of the Board of Commissioners of Lee County; to provide for the membership and for the appointment of members of the authority; to authorize the authority to contract with others pertaining to such recreational facilities, to execute leases on such facilities, to convey title to real property of the authority, and to do all things deemed necessary or convenient for the operation ofsuch undertakings; to authorize the authority and other political subdivisions to enter into contracts pertaining tO
uses of such facilities, which contracts and leases shall obligate the lessees to mako
payment for the use of such facilities for the term thereof and to pledge to ~ purpose revenues derived from taxation; to provide that no debt of Lee County or
other political subdivisions, within the meaning of Article IX, Section Ill,
Paragraph I ofthe Constitution ofthe State ofGeorgia, shall be incurred by exercise
of the powers granted; to authorize the issuance of revenue bonds or obligations of
the authority; to authorize the collection and pledging of the revenues and earnings

GEORGIA LAWS 2004 SESSION

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of the authority for the payment of such bonds or obligations and to secure the payment thereof; to define the rights of the holders of such bonds or obligations; to make the property of the authority exempt from taxation and assessment; to grant the authority and its members certain immunities; to authorize the issuance of refunding bonds or obligations; to fix the venue orjurisdiction ofactions; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for budgets and procedures in connection therewith; to provide for audits; to provide for funding; to provide for personnel; to provide for conveyance of property upon dissolution; to provide for bonding limitations; to provide for construction; to provide for related matters; to provide for activation of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Lee County Parks and Recreation Authority Act."

SECTION 2. (a) There is created a body corporate and politic to be known as the Lee County Parks and Recreation Authority, which shall be deemed to be a political subdivision ofthe State ofGeorgia and a public corporation. By that name, style, and title, said body may contract and be contracted with; sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority shall not be a state institution nor a department or agency of the state but shalfbe an instrumentality ofthe state, a mere creation ofthe state, having a distinct corporate entity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The authority shall have its principal office in Lee County and its legal situs or residence for the purposes of this Act shall be Lee County. The scope of the authority's operation shall be limited to the territory embraced within Lee County. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act. (b) The authority shall consist of five members appointed by a majority vote ofthe Board of Commissioners of Lee County, any of whom may be members of such governing authority, and the county manager of Lee County, who shall be an ex officio, nonvoting member of the authority. Members ofthe Lee County Parks and Recreation Authority shall be appointed for terms of two years, and members may succeed themselves in office. If a member of a governing authority is appointed as

3790 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
a member of the authority, his or her term shall terminate at the end of his or her term of office on the governing authority or upon his or her ceasing to be a member of the governing authority. Such person may be reappointed as a member of the authority. (c) The members of the authority shall enter upon their duties immediately upon the next scheduled meeting following their appointment.
(d)( l) Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy, and the person so selected and appointed shall serve for the remainder of the unexpired term. (2) Any member of the authority may be removed from office by a majority vote of the appointing entity for failure to perform his or her duties as a member ofthe authority. Such failure shall include without limitation absence from four consecutive meetings of the authority, unless excused by reasonable grounds as determined by a majority ofthe members of the authority. Any office so vacated shall be filled within 60 days by appointment as provided in paragraph (1) ofthis subsection. The new appointee shall serve the remainder of the unexpired tenn to which he or she is appointed. (e) Each January, the authority shall elect one of its members as chairperson, one of its members as vice chairperson, and one of its members as secretary and treasurer. Such officers shall serve terms of one year. (f) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perfonn all the duties of the authority. (g) The authority shall make rules and regulations for its own government according to Roberts Rules ofOrder. It shall have perpetual existence. (h) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase ofany property to or from the authority. (i) All meetings of the authority shall be open to the public as provided in Chapter 14 of Title 50 of the O.C.G.A.
SECTION3. (a) As used in this Act, the term:
(l) "Authority" shall mean the Lee County Parks and Recreation Authority created in Section 2 of this Act. (2) "Cost of the project" shall encompass the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all conveyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment and financing charges and interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal, and legal services and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; the cost of administrative services and such other expenses as maY

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be necessary or incident to the financing authorized by this Act; and the cost of the acquisition and construction of any project and the placing of such project into operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) "Project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of a golf course and related facilities and athletic and recreation centers, facilities, and areas, including, but not limited to, playgrounds, parks, swimming and wading pools, hiking, camping, and picnicking areas and facilities, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, related buildings, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements ofsuch facilities; the acqaisition of parking facilities or parking areas in connection therewith; the acquisition of the necessary property thereof, both real and personal, and the lease and sale of any part or all of such facilities, including real or personal property, so as to assure the efficient and proper development, maintenance, and operation ofsuch recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable. (4) "Revenue bonds," "bonds," and "obligations" mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and which may be issued by the authority as authorized under the "Revenue Bond Law" and any amendments thereto and, in addition, shall mean obligations of the authority, the issuance of which are specifically provided for in this Act. (b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including the anticipated revenues and earnings from the lease of any project, and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of acquiring, operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

SECTION 4. (a) The authority shall have the following powers:
(1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, 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

3792 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 project on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyance. If the authority shall deem it expedient to acquire and construct any project on any lands, the title to which shall be in the name of the Board of Commissioners of Lee County or any municipality incorporated in that county, such entity 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 of such conveyances or upon payment for the credit of the general funds of such county or municipalities of the reasonable value ofsuch lands, such value to be determined by mutual consent of such county or municipality and the authority or by an appraiser to be agreed upon by the governing authority or body of such county or municipality and the chairperson of the authority; (4) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for the acquisition and construction of projects and leases of projects and contracts with respect to the use of projects which the authority causes to be erected or acquired, including contracts for acquiring, constructing, renting, and leasing of its projects for the use of Lee County or any municipality in Lee County, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character; 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, authorization is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and relative to any property which such departments or agencies of the State of Georgia have now or may hereafter obtain by lease from the United States government or any agencies or departments thereof, and the authority is specifically authorized to convey title in fee simple to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia or the United States government, or any agencies or departments thereof, subject to the rights and interest of the holders of any of the bonds or obligations authorized to be issued pursuant to this Act and by the resolution or trUSt indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in this Act; (5) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue

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bonds or other funds of the authority or from such proceeds or other funds or any grant from the United States ofAmerica or any agency or instrumentality thereof; (6) To accept loans and grants of money, materials, or property of any kind from the United States ofAmerica or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality thereof may impose; (7) To accept loans and grants of money, materials, or property of any kind from the State of Georgia or any agency, instrumentality, or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency, instrumentality, or political subdivision thereof may impose; (8) To borrow money for any of its corporate purposes and to execute evidence of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from the funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution or laws of this state; (10) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions and to execute evidence of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the authority from a lease or leases entered into by the authority as the lessor and Lee County or a municipality within it as the lessee; (ll) To do all things necessary or convenient to carry out the powers expressly given in this Act; and (12) To make recommendations to the Board of Commissioners of Lee County on land acquisition, facilities development, and other matters relating to the provision of recreation and recreational opportunities to the citizens of Lee County and the municipalities within it. (b) The authority is specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation ofand usable in the furtherance of the purpose for which the authority was created. (c) Notwithstanding any other provision of this Act to the contrary, any loan to the authority exceeding $10,000.00 shall be approved by a majority vote of the Board of Commissioners of Lee County prior to such loan becoming effective.

SECTION 5. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one time or from time to time to provide
by resolution for the issuance ofnegotiable revenue bonds for the purpose ofpaying all or any part of the cost as defined in this Act of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for in this Act for such payment. The bonds of each issue

3794 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be dated and shall bear interest at such rate or rates as determined by the authority, payable on such dates as determined by the authority. Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in the Revenue Bond Law and any amendments thereto. The authority shall not issue any such revenue bonds unless such issuance is first approved bymajorityvote ofthe Board ofCommissioners ofLee County; provided, however, that such approval shall not be construed to cause such political subdivision to have any liability for the repayment of such bonds.
SECTION 6. All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose, and such bonds and the income thereof shall be exempt from all taxation by the state.
SECTION?. The authority may sell such revenue bonds in such manner and for such prices as it may determine to be for the best interest of the authority, and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
SECTIONS. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act and Article 3 of Chapter 82 ofTitle 36 of the O.C.G.A., the "Revenue Bond Law." Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of its members, subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A., governing open and public meetings. Before the vote to issue any revenue bonds, the authority must advertise in a newspaper of general circulation throughout Lee County at least once for three consecutive weeks the intent to vote on the issuance of such bonds. The advertisements shall be a minimum of one-eighth of a page in size and shall list all details of the proposed revenue bond issue, including the date, time, and place of such vote.
SECTION9. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or Lee County or a pledge of the faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment ofsuch bonds. The

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issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof, including Lee County to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. However, Lee County or any other political subdivision of the state contracting with the authority may obligate itselfto pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section and from any other source; and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of Article IX, Section V, Paragraph I of the Constitution of the State of Georgia. When such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such obligation. Without limiting the obligations of any political subdivision ofthe state contracting with the authority in accordance with this Act, it shall be required that prior to entering into any such contract, the authority or the political subdivision with which such contract will be executed shall prepare or cause to be prepared a feasibility study including a projection of revenues for the project which is the subject of such contract. The political subdivision entering into a contract with the authority shall, prior to entering into the contract, properly advertise its intention and call at least one public hearing on the subject at least three weeks prior to the date on which the political subdivision plans to vote to approve the signing of the contract.

SECTION 10. The revenues, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the authority, regardless ofwhether such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority to the payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust indenture pertaining to such bonds. Such funds so pledged from whatever source received, which may include funds received from one or more or all sources, may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust indenture and which may be pledged to and charged with the payment of the interest upon such revenue bonds as such interest shall become due; the principal of the bonds as the same shall mature; the necessary charges of any trustee or agent of paying such principal and interest; and any premium upon bonds retired by call or purchase. The use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust indenture securing the payment of the same.

3796 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 11. The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose, and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption provided in this Act shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.
SECTION 12. The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority, when in performance ofthe work ofthe authority, shall have the same immunity from liability for torts and negligence as officers, agents, and employees ofthe State ofGeorgia. The authority maybe sued the same as private corporations on any contractual obligation of the authority. The property of the authority shall not be subject to levy and sale under legal process.
SECTION 13. Any action to protect or enforce any rights under the provisions of the Act or any suit or action against such authority shall be brought in the Superior Court of Lee County, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in that court which shall have exclusive original jurisdiction of such actions.
SECTION 14. Bonds issued by the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 ofTitle 36 of the O.C.G.A., the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to being sued and if consenting to same, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereofbe determined and the contract or contracts adjudicated as part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority

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issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, ifa party to the validation proceedings, contracting with the authority.

SECTION 15. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and upon the issuance ofbonds under the provisions of this Act shall constitute a contract with the holders of such bonds.

SECTION 16. All funds received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds or as loans, revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act, and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust indenture of the authority.

SECTION 17. (a) The authority shall prepare a budget for each operating year. Funding for the authority shall be provided by the Board of Commissioners of Lee County. (b) The Lee County Parks and Recreation Authority shall develop a financial and program work plan for both capital and operational requirements for the authority's activities for each fiscal year. Such plan shall be known as the "Annual Operating and Capital Budget of the Lee County Parks and Recreation Authority." The plan shall be adopted on or before June 30 of any given year, with an effective date of July 1. All projected revenues and estimated expenditures shall be clearly outlined as to source and expenditure classification and purpose. The proposed budget shall not become effective until it has been approved by the Board ofCommissioners of Lee County. The authority shall make no expenditure in excess of $10,000.00 unless such expenditure is itemized in an approved budget or is otherwise approved by such governing authority. The authority shall balance its budget at the end of each fiscal year. (c) Each year the Lee County Parks and Recreation Authority shall have made an independent audit and examination of the authority's financial records and transactions. Said audit shall be made in accordance with established national audit

3798 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and accounting standards. Copies ofsaid audit shall be available for public review and provided to each participating jurisdiction.
SECTION 18. The authority is authorized to appoint, select, and employ officers, agents, and employees and adopt rules and regulations governing their services and fix their respective compensations and terms of employment.
SECTION 19. This Act and any other law enacted with reference to the authority shall be liberally construed for the accomplishment of the purposes of the authority.
SECTION 20. When the authority for any reason is 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 authority at the time of such dissolution shall be conveyed to Lee County; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust indenture relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.
SECTION 21. The authority shall not become active until the Board of Commissioners of Lee County approves a resolution to that effect and appoints all members.
SECTION 22. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 23. All laws and parts of laws in conflict with this Act are repealed.
LEE COUNTY BOARD OF COMMISSIONERS
PUBLIC NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given this 1st day of March, 2004, that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to create the Lee County Parks and Recreation Authority; and for other purposes.

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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 oflntention to Introduce Local Legislation was published in the Lee County Ledger which is the official organ of Lee County on March 4, 2004, and that the notice requirements of Code Section 28-l-14 have been met.

s/ BOB HANNER Bob Hanner Representative, District 133

Sworn to and subscribed before me, this March 4, 2004.

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

Approved May 17, 2004.

WAYNE COUNTY- JUDGE OF PROBATE COURT; CHIEF MAGISTRATE; NONPARTISAN ELECTIONS.
No. 662 (Senate Bill No. 370).
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 general primary 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

3800 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 general primary 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."
SECTION2. 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.
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 of certain November general elections; to provide for submission of this 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, Rene' D. Kemp, who on oath deposes and says that he is the Senator from District 3 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Press-Sentinel which

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is the official organ of Wayne County on February 19, 2003, and that the notice requirements of Code Section 28-l-14 have been met.

s/ RENE' D. KEMP Rene' D. Kemp Senator, District 3

sworn to and subscribed before me, this 3rd day of April, 2003.

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

Approved May 17, 2004.

GLYNN COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; REPEAL OF LOCAL CONSTITUTIONAL AMENDMENT; REFERENDUM.
No. 665 (Senate Bill No. 477).
AN ACT
To provide for the repeal of the amendment to the Constitution providing that the general homestead exemption from ad valorem taxation shall not apply to taxes assessed and levied by Glynn County for the support and maintenance ofeducation, which amendment was proposed by 1956 House Resolution No. 59-163h; Resolution Act No. 27 (Ga. L. 1956, p. 253) and was continued in force and effect by an Act approved February 24, 1987 (Ga. L. 1987, p. 361 0); to thereby grant the general $2,000.00 homestead exemption with respect to taxes assessed and levied by Glynn County for the support and maintenance of education; to provide for a referendum with respect to the effectiveness of the foregoing; to recite constitutional authority; to provide for submission under the federal Voting Rights Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3802 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. The following amendment to the Constitution of Georgia is repealed in its entirety: that amendment to the Constitution providing that the general homestead exemption from ad valorem taxation shall not apply to taxes assessed and levied by Glynn County for the support and maintenance of education, which amendment was proposed by 1956 House Resolution No. 59-163h; Resolution Act No. 27 (Ga. L. 1956, p. 253) and was continued in force and effect by an Act approved February 24, 1987 (Ga. L. 1987, p. 3610).
SECTION2. As a result of the repeal provided for in Section 1 of this Act, for taxable years beginning on or after January 1, 2005, the general $2,000.00 homestead exemption provided for in Code Section 48-5-44 ofthe O.c.G:A. or any successor statute shall be granted with respect to taxes assessed and levied by Glynn County for the support and maintenance of education.
SECTION3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Glynn County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Glynn County for approval or rejection. The 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 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 Glynn County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which grants the general $2,000.00 homestead exemption with respect to taxes assessed and levied by
NO ( ) Glynn County for the support and maintenance of education and which repeals the constitutional amendment formerly making that homestead exemption inapplicable to those taxes?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect immediately and shall apply with respect to taxable years beginning on or after January 1, 2005. Ifthe Act is not so approved or if the election is not conducted as provided in this section, then Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Glynn County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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SECTION 4. This Act is adopted pursuant to the authority of Article VII, Section II, paragraph II(a)(2) of the Constitution which authorizes the grant of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions and Article XI, Section I, Paragraph IV(b) which authorizes the repeal of certain constitutional amendments.

SECTION 5. The governing authority of Glynn 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.
SECTION6. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to provide for the repeal of the amendment to the Constitution providing that the general homestead exemption from ad valorem taxation shall not apply to taxes assessed and levied by Glynn County for the support and maintenance of education, which amendment was proposed by 1956 House Resolution No. 59-163h; Resolution Act No. 27 (Ga. L. 1956, p. 253) and was continued in force and effect by an Act approved February 24, 1987 (Ga. L. 1987,p. 3610); totherebygrantthegeneral$2,000.00 homestead exemption with respect to taxes assessed and levied by Glynn County for the support and maintenance of education; to provide for a referendum with respect to the effectiveness of the foregoing; to recite constitutional authority; to provide for submission under the federal Voting Rights Act; to provide for related matters; and for other purposes.
This 7th day of January, 2004.
Senator Eric Johnson 1st District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eric Johnson, who on oath deposes and says that he is the Senator

3804 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
from District I and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County on January 14, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
sl ERIC JOHNSON Eric Johnson Senator, District 1
Sworn to and subscribed before me, this 29th day of January, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.
CHATHAM COUNTY- BOARD OF COMMISSIONERS; DISTRICTS.
No. 666 (Senate Bill No. 465).
AN ACT
To amend an Act completely revising the laws relative to the governing authority of Chatham County, approvedMarch29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for submission ofthis Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act completely revising the laws relative to the governing authority ofChathatn County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows:
"SECTION 3. (a) For purposes of electing members of the board of commissioners, Chathatll County is divided into eight commissioner districts. One member of the board

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shall be elected from each such district. The eight commissioner districts shall be and correspond to those eight numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: Alternative-F2 Plan Type: Local User: Gina Administrator: Chatham 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 of2000 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 Chatham 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 Chatham County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of2000 for the State of Georgia. Except as otherwise provided in the description ofany 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 of2000 for the State of Georgia. (c) Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8, as they exist on January 1, 2004, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8, 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:

SECTION2. It shall be the duty of the attorney of the Board of Commissioners of Chatham County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

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

Plan Name: Alternative-F2 Plan Type: Local User: Gina Administrator: Chatham Co.

Redistricting Plan Components Report

3806 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 00 1 Chatham County
Tract: 102 BG: 3 3000300130043005300630203021 Tract: 110.03 Tract: 110.04 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 3026 3983 3984 3985 3986 3987 3988 3989 3990 3991 3992 3993 3994 3995 3997 3998 3999 Tract: 111.01 BG: 1 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 50 10 50 II 5012 5013 5014 5996 5997 5998 5999 Tract: 29 Tract: 30 BG:2 BG: 3 Tract: 34 BG: 3 BG:4 BG: 5 BG: 6 Tract: 39 BG: 1 1025 1026 1027 1028 BG:4 4000 4001 4002 4003 Tract: 40.01 BG:2 BG: 3 BG:4 BG: 5 Tract: 40.02 BG: 1 100710081009101010111012101310141015101610171018
1019 1020 1021 1022 BG: 2 BG: 3

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BG: 5 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 50215022502350245025502650275028 Tract: 41 Tract: 42.02 BG: 5 5000
District 002 Chatham County
Tract: 101.01 BG: 1 BG:2 2004 2018 2019 2021 2022 2023 2024 2025 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2068 2069 2071 2076 Tract: 11 Tract: 13 BG: 1 1000 Tract: 15 Tract: 20 Tract: 21 Tract: 22 Tract: 24 BG: 1 10001001 10021003100610071008100910101011 1012 1013 1014 1017 1018 1019 1020 1021 1022 BG:2 2000 200 1 2002 2003 2004 2007 2008 2009 20 10 20 11 2012 20 13 201420152016201720182021202220232024202520262027 2028 2029 2030 2033 2034 2035 2036 2037 2038 2039 2040 Tract: 25 Tract: 26 Tract: 27 Tract: 3 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 2032 2033 2034 2035 2036 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 Tract: 30 BG: 1

3807

3808 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract: 35.01 Tract: 35.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1014 1015 1016 1017 1018 1019 Tract: 36.01 BG: 1 1000 1001 1002 1003 1005 1006 1009 1010 1011 1012 1013 1014 1015 1018 1019 BG:4 4006 4008 4009 4010 4013 4014 Tract: 36.02 BG:4 4005 4006 4009 4010 4019 4020 4021 4031 Tract: 37 BG: 1 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
District 003 Chatham County
Tract: 101.01 BG: 2 2000 2001 2002 2003 2005 2006 2007 2008 2009 20 10 2011 2012 2013 2014 2015 2016 2017 2020 2026 2027 2028 2029 2030 2055 2056 2067 2070 2072 2073 2074 2075 2077 2078 2995 2996 2997 2998 2999 Tract: 101.02 Tract: 102 BG: 1 BG: 2 BG: 3 3002 3003 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 Tract: 106.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1074 1075 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1984 1992 1993 1994 1995 1996 1997 1998 1999 Tract: 111.01 BG: 5 5015 5016 5017 5018 5019 5020 5021 5022 5023 5993 5994 5995

GEORGIA LAWS 2004 SESSION
Tract: 13 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1020 Tract: 3 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1018 1019 1020 1021 1022 1023 1024 1025 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1076 1077 1078 1079 1080 1081 1082 1083 1084 1103 1104 1105 110611071108110911101111 11121113 1114111511161117 1I18 I119 I120 II2I1122 1123 1124I125 112611501151 1I52 1153 1154 II55 1156 I157 1I58 1159 1I60 I161 1999 BG:2 2000 2037 2038 2039 2040 2041 2046 2047 2048 2049 2050 2051 2052 2053 2054 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 Tract: 35.02 BG: 1 1013 1020 1021 1022 1023 1024 BG:2 BG: 3 BG:4 Tract: 36.01 BG: 1 1004 1007 1008 1016 1017 1020 BG: 2 BG: 3 BG:4 4000 4001 4002 4003 4004 4005 4007 4011 4012 4999 Tract: 36.02 BG: I BG:2 BG: 3 BG:4 4000 4001 4002 4003 4004 4007 4008 40 I1 40 12 40 I3 4014 40 I5 4016 4017 40 I8 4022 4023 4024 4025 4026 4027 4028 4029 4030 4032 4033 BG: 5 Tract: 37 BG:2 2000 200 I 2002 2003 2004 2005 2006 Tract: 38 Tract: 39

3809

3810 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 BG:2 BG:3 BG:4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 Tract: 40.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1023 1024 1025 1026 1027 1028 Tract: 8 Tract: 9
District 004 Chatham County
Tract: 109.02 BG: 1 1048 1999 Tract: 110.02 Tract: 110.04 BG: 3 3024 3025 3996 Tract: 111.01 BG:2 BG: 3 BG:4 Tract: 111.03 Tract: 111.04 Tract: 111.05
District 005 Chatham County
Tract: 105.02 BG: 1 1007 1008 1009 1010 1011 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 Tract: 109.01 BG: 1

GEORGIA LAWS 2004 SESSION
1000 Tract: 28 Tract: 34 BG: 1 BG: 2 Tract: 40.01 BG: 1 Tract: 42.02 BG: 1 BG: 2 BG: 3 BG: 6 6000 6001 BG: 7 7000 7001 Tract: 42.05 BG:4 4007 4013 Tract: 42.07 Tract: 42.08 Tract: 43 Tract: 44 Tract: 45 BG:2 2008 2009 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 BG: 3 BG:4
District 006 Chatham County
Tract: 108.02 BG: 2 2038 2040 2041 2042 2043 2044 2997 2999 Tract: 108.04 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 BG:3 Tract: 108.05 BG: 2 BG: 3 Tract: 109.01 BG: 1 1001 1002 1003 1004 1005

3811

3812 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BG:2 BG:3 Tract: 109.02 BG: I 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 lOll 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 1049 1994 1995 1996 1997 1998 Tract: 40.02 BG:4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 Tract: 42.02 BG:4 BG: 5 5001 5002 BG: 6 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 BG: 7 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7015 7016 7017 7998 7999 BG: 8 BG:9 Tract: 42.05 BG: 1 BG: 2 BG: 3 BG:4 4000 4001 4002 4003 4004 4005 4006 4008 4009 4010 4011 4012 4014 4015 4016 4017 4018 4019 4020 4999 BG: 5 BG: 6 BG: 7 Tract: 42.06
District 007 Chatham County
Tract: 105.01 BG: 1 1000 100 1 1002 1003 1004 1005 1006 1007 1008 1009 BG: 2 2006 2007 2008 2009 2010 2011 Tract: 106.01

GEORGIA LAWS 2004 SESSION

3813

BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 BG:2 BG: 3 300130023003300430053006 BG:4 4000 400 1 4002 4003 Tract: 106.03 BG: 1 '1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 1019 1020 1021 1022 1023 1024 1025 BG: 2 Tract: 106.04 BG: 1 1063 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 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 Ill 0 1111 1112 1113 1114 1115 1116 1117 1118 1119 112011211122112311241125112611271128112911301131 113211331134113511361137113811391140114111421143 11441145 114611471148114911501151 1152115311541155 115611571158115911601163 11641165 11661167 1168 1169 117011711172117311741175117611771182118311841185 1186 1187 1188 1983 1984 1985 1986 1987 1988 1991 1992 1993 1994 1995 1996 1997 1998 1999 BG: 3 BG:4 BG: 5 Tract: 108.01 Tract: 108.02 BG: 1 BG: 2 2000 200 1 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023

3814 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2039 2Q45 2046 2047 2048 2998 Tract: 108.03 Tract: 108.04 BG: I BG:2 2000 2001 2002 BG:4 BG: 5 Tract: 108.05 BG: I
District 008 Chatham County
Tract: I Tract: 105.01 BG: I 1010 lOll 1012 1013 1014 1015 1016 1017 BG: 2 2000 2001 2002 2003 2004 2005 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 BG:3 BG:4 BG: 5 Tract: 105.02 BG: I 1000 1001 1002 1003 1004 1005 1006 1012 1013 1014 1015 1016 1017 1033 1034 1035 1999 BG:2 2012 Tract: 106.01 BG: I 1013 BG:3 3000 3007 3008 3009 3010 3011 3012 3013 3014 3015 BG:4 4004 4005 4006 4007 4008 4009 4010 4011 4012 BG: 5 BG: 6 Tract: 106.03 BG: I 1015 1016

GEORGIA LAWS 2004 SESSION
Tract: 106.04 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 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 Tract: 106.05 BG: 1 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1076 1077 107810791080110411051106110711081109111011111112 1113111411151116111711181119112011211985 19861987 1988 1989 1990 1991 BG: 2 Tract: 107 BG: 1 1161 1162 1178 1179 1180 1181 1989 1990 Tract: 12 Tract: 13 BG: 1 1015 1016 1017 1018 1019 1021 1022 1023 1024 BG: 2 Tract: 18 Tract: 19 Tract: 23 Tract: 24 BG: 1 1004 1005 1015 1016 BG: 2 2005 2006 20 19 2020 2031 2032 2041 Tract: 3 BG: 1 lOll 1012 1013 1014 1015 1016 1017 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1127 1128 112911301131113211331134113511361137113811391140

3815

3816 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
114111421143114411451146114711481149116211631164 BG:2 2042 2043 2044 2045 2055 2056 2057 Tract: 32 Tract: 33.01 Tract: 33.02 Tract: 45 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 2012 2013 20142015201620172018201920202021 Tract: 6.01
Notice of Intent to Introduce Local Legislation
To establish electoral districts for Chatham County Commissioners in accordance with the 2000 Census and other purposes.
Senator Regina Thomas Second District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Regina Thomas, who on oath deposes and says that she is the Senator from District 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on January 29, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
sf REGINA THOMAS Regina Thomas Senator, District 2
Sworn to and subscribed before me, this 29th day of January, 2004.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17,2004.

GEORGIA LAWS 2004 SESSION

3817

GWINNETT COUNTY- SHERIFF; FILLING VACANCIES.

No. 667 (Senate Bill No. 154).

AN ACT

To provide for the filling of vacancies in the office of sheriff of Gwinnett County; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. In the event the office of sheriff of Gwinnett County becomes vacant by death, resignation, or otherwise, the vacancy shall be filled until the next general election by the judge ofthe Probate Court ofGwinnett County. Such appointee shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Gwinnett County.

SECTION2. All laws and parts of laws in 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 filling of vacancies in the office of Sheriff of Gwinnett County; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene'e S. Unterman, who on oath deposes and says that she is the Senator from District 45 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 ofGwinnett County on January 30, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RENE'E S. UNTERMAN Rene'e S. Unterman Senator, District 45

3818 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 11th day of February, 2003.
s/ DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved May 17, 2004.
LIBERTY COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; BASE YEAR; REFERENDUM.
No. 668 (Senate Bill No. 60 1).
AN ACT
To provide for a homestead exemption from Liberty County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Kemp, DeLoach, and Williams County Tax Relief Act."
SECTION 2. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Liberty County, including, but not limited to, any ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner ofsuch homestead; provided, however, that the tax commissioner shall adjust the base year assessed value annually by the lesser of 3 percent or the percentage change in the Consumer Price Index for all urban consumers, U.S. City Average,

GEORGIA LAWS 2004 SESSION

3819

all items 1967-100, or successor report as reported by the United States Department of Labor Bureau of Labor Statistics. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the 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 Liberty County is granted an exemption on that person's homestead from Liberty County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the adjusted base year assessed value of the homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall .remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the tax commissioner of Liberty County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner of Liberty County 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 so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county 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 or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January l, 2005.

SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Liberty County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of

3820 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Liberty County 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 election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Liberty County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Liberty County ad valorem taxes for county purposes in an
NO ( ) amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted 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, Sections 1. and 2 of this Act shall become of full force and effect on January 1, 2005. Ifthe Act is not so approved or ifthe election is not conducted as provided in this section, Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Liberty County. It shall be the election superintendent" s duty to certify the result thereof to the Secretary of State.
SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to provide for a homestead exemption from Liberty County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.

GEORGIA LAWS 2004 SESSION

3821

This 27th day of January, 2004.

Senator Rene' D. Kemp 3rd District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to ac:Jminister oaths, Rene' Kemp, who on oath deposes and says that he is the Senator from District 3 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 January 30, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RENE' KEMP Rene' Kemp Senator, District 3

Sworn to and subscribed before me, this lOth day of February, 2004.

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

Approved May 17,2004.

LIBERTY COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; BASE YEAR; REFERENDUM.
No. 669 (Senate Bill No. 600).
AN ACT
To provide for a homestead exemption from Liberty County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for a short title; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

3822 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Kemp, DeLoach and Williams School Tax Relief Act."
SECTION 2. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Liberty County School District, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district 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 ofsuch homestead; provided, however, that the tax commissioner shall adjust the base year assessed value annually by the lesser of 3 percent or the percentage change in the Consumer Price Index for all urban consumers, U. S. City Average, all items 1967-100, or successor report as reported by the United States Department of Labor Bureau of Labor Statistics. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the 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 ofthe Liberty County School District is granted an exemption on that person's homestead from Liberty County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the adjusted base year assessed value of the homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person s agent files an application with the taX commissioner of Liberty County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The taX commissioner of Liberty County shall provide application forms for this purposeJ (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 so long as the owner occupies thO
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 makO

GEORGIA LAWS 2004 SESSION

3823

application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county 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, cou,nty ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district 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 county school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taXable years beginning on or after January 1, 2005.

SECTION3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Liberty County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Liberty 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 Liberty County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Liberty County School District ad valorem taxes for
NO ( ) educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted 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, Sections 1 and 2 of this Act shall become of full force and effect on January 1, 2005. If the Act is not so approved or ifthe election is not conducted as provided in this section, Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Liberty County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

3824 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to provide for a homestead exemption fro~ Liberty County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 27th day of January, 2004.
Senator Rene' D. Kemp 3rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene' Kemp, who on oath deposes and says that he is the Senator from District 3 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 January 30, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RENE' KEMP Rene' Kemp Senator, District 3
Sworn to and subscribed before me, this lOth day of February, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

GEORGIA LAWS 2004 SESSION
My Commission Expires Nov. 18, 2005 (SEAL) Approved May 17, 2004.

3825

FULTON COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; BASE YEAR; REFERENDUM.
No. 670 (Senate Bill No. 610).
AN ACT
To provide for a homestead exemption from Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Fulton County, but excluding any ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Base year" means:
(A) The 2003 taxable year with respect to an exemption under this Act which is first granted to a person on that person s homestead in the 2005 taxable year or who reapplies for and is granted such exemption in the 2006 taxable year solely because of a change in ownership to a joint tenancy with right of survival; or (B) In all other cases, 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. Provided, however, that the tax commissioner shall adjust the base year assessed value annually by the lesser of 3 percent or the percentage change in the Consumer Price Index for all urban consumers, U. S. City Average, all items 1967-100, or successor report as reported by the United States Department of Labor Bureau of Labor Statistics. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification

3826 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Fulton County is granted an exemption on that person's homestead from Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the adjusted base year assessed value of the homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) The unremarried surviving spouse of the person who has been granted the exemption provided for in subsection (b) ofthis section shall continue to receive the exemption provided under subsection (b) ofthis section, so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead. (d) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person s agent files an application with the tax commissioner of Fulton County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner of Fulton County shall provide application forms for this purpose. (e) 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 so long as the owner occupies the
residence as a homestead. After a person has filed the proper application as
provided in subsection (d) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county in the event that person for any reason becomes ineligible for that exemption. (t) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2005.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the
election superintendent of Fulton County shall call and conduct an election as
provided in this section for the purpose of submitting this Act to the electors of

GEORGIA LAWS 2004 SESSION

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Fulton County 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 ofthe election to be published once a week for two weeks immediately preceding the date thereof in the official organ of fulton County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Fulton County ad valorem taxes for county purposes in an
NO ( ) amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted 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 ifthe election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Fulton County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to provide for a homestead exemption from Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.

This 6th day of February, 2004.

Senator Sam Zamarripa 36th District

3828 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam Zamarripa, who on oath deposes and says that he is the Senator from District 36 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 February 10, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ SAM ZAMARRIPA Sam Zamarripa Senator, District 36
Sworn to and subscribed before me, this lOth day of February, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2005 (SEAL)
Approved May 17, 2004.
LIBERTY COUNTY- LIBERTY COUNTY HOSPITAL AUTHORITY; FILLING VACANCIES.
No. 671 (Senate Bill No. 493).
AN ACT
To provide for the filling of vacancies on the Liberty County Hospital Authority;
to provide for the manner of nomination and appointment of persons to fill
unexpired or full terms; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Vacancies on the board of the Liberty County Hospital Authority, whether occurring by virtue ofthe death, resignation, or other disability ofthe member prior to the end of the member s term of office or by virtue of the expiration of a member's term of office, shall be filled by appointment as follows:

GEORGIA LAWS 2004 SESSION

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(1) The governing authority ofLiberty County shall submit a list of three eligible persons to the board of the Liberty County Hospital Authority; (2) The board at its next regular meeting shall either select one of the three persons named in such list or decline to select any of the persons named in the list. If the board declines to select any of the persons named on the list, it shall so notify the governing authority of Liberty County; and (3) Upon receipt of notification that the board has declined to select any of the persons named in the governing authority's list, the governing authority shall submit a second list of three eligible persons, no one of whom was named on the first list, to the board. The board at its next regular meeting after receipt of the second list shall select one of the three persons named in the second list.

SECTION2. Whenever an appointment to fill a vacancy on the board of the Liberty County Hospital Authority is made, either for an unexpired term or a full term, consideration shall be given as to whether a licensed doctor of medicine or registered nurse currently serves on such authority. If no licensed doctor of medicine or registered nurse currently serves on such authority, then consideration shall be given to the nomination and choice of a licensed doctor of medicine or a registered nurse to fill such vacancy.

SECTION3. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced at the 2004 session of the General Assembly of Georgia a bill changing the manner in which vacancies are filled on the Hospital Authority of Liberty County so that the same conforms with the appointment process set forth in Official Code of Georgia Annotated Section 31-7-72(b), and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene' Kemp, who on oath deposes and says that he is the Senator from District 3 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 January 30, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RENE' KEMP Rene' Kemp Senator, District 3

3830 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 6 day of February, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17,2004.
TOWN OF BETHLEHEM- MUNICIPAL COURT; JUDGES; JURISDICTION; CLERK; BAIL; PUNISHMENTS; TOWN JAIL; SUBPOENAS, WARRANTS, AND JUDGMENTS; TOWN COUNCIL; TERMS OF OFFICE.
No. 672 (Senate Bill No. 548).
AN ACT
To amend an Act creating a new charter for the Town of Bethlehem, approved April 21, 1967 (Ga. L. 1967, p. 3412), so as to provide for a municipal court and the judges thereof; to provide for jurisdiction of such court; to provide for a clerk; to provide for bail; to provide for punishments; to provide for a town jail; to provide for the issuance of subpoenas and warrants and the execution of judgments; to provide for staggered terms of office for the members of the town council; to require submission for preclearance under 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 l. An Act creating a new charter for the Town ofBethlehem, approved April21, 1967 (Ga. L. 1967, p. 3412), is amended by striking Section 3 and inserting in lieu thereof a new Section 3 to read as follows:
'SECTION 3. There shall be a court to be known as the Municipal Court of the Town of Bethlehem.

GEORGIA LAWS 2004 SESSION

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SECTION 3.1. Chiefjudge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the town 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 town council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge s office to the best of the judge s ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the town council.

SECTION 3.2. Convening.

The municipal court shall be convened at regular intervals as provided by ordinance, but shall not be required to convene in the absence of a case or controversy.

SECTION 3.3. 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 both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce

3832 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (f) 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. (g) Each judge of the municipal court shall be authorized to issue warrants for the arrest ofpersons 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 3.4. 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 Barrow County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 3.5. Rules for court.
With the approval of the town council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the town council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the clerk of council, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.'
SECTION2. Said Act is further amended by striking the first paragraph of Section 4 and inserting a new subsection (a) to read as follows:
'(a) Be it further enacted by the authority aforesaid that the government, supervision, powers, and control of said Town of Bethlehem shall be vested in a mayor and five councilmembers to be known as the 'Town Council.' That the mayor and councilmembers shall be elected from the town at large in the manner hereinafter provided. The term ofthe mayor and the term ofeach councilmember shall be for four years and until a successor is elected and qualified.'

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SECTION 3. Said Act is further amended by striking Section 5 and inserting in lieu thereofa new Section 5 to read as follows:

'SECTION 5. (a) Be it further enacted by the authority aforesaid that general elections of said town shall be held biennially on the Tuesday after the first Monday in November. All elections shall be conducted in accordance with the provisions of Chapter 2 ofTitle 21 of the O.C.G.A., the 'Georgia Election Code.' (b) The mayor and members of the town council in office on the effective date of this Act shall serve out the terms to which they were elected. (c) At the November municipal general election in 2007, successors for the mayor and councilmembers representing council posts 2 and 4 shall be elected to take office on the first day of January 2008 for a term of four years and until their successors are elected and qualified. Successors to such persons elected to the office of mayor and to council posts 2 and 4 shall be elected quadrennially thereafter at the November municipal general election and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (d) At the November municipal general election in 2007, successors for the councilmembers representing council posts 1, 3, and 5 shall be elected to take office on the first day of January 2008 for a term of two years and until their successors are elected and qualified. Successors to such persons elected to council posts 1, 3, and 5 shall be elected quadrennially thereafter at the November municipal general election and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.'

SECTION 4. Said Act is further amended by striking Section 6 and inserting in lieu thereof a new Section 6 to read as follows:

'SECTION 6. Be it further enacted by the authority aforesaid that the town council shall have the power and authority to call a special election for the purpose of filling any vacancy caused for any reason, except expiration ofterm, in any office for which the holder thereof is elected by the voters of said town. Such special election shall be called and conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.''

SECTION 5. Said Act is further amended by striking Section 7 and inserting in lieu thereof a new Section 7 to read as follows:

3834 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"SECTION 7. The candidate who receives the greatest number of votes shall be declared elected."

SECTION 6. Said Act is further amended by striking and reserving Sections 8 and 9.

SECTION 7. Said Act is further amended by striking the first paragraph of Section 15 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Be it further enacted by the authority aforesaid that there shall be a clerk of council, elected by the town council, to keep accurate minutes of each meeting, to record in the minutes all acts and doings of council, except when they may be in executive session, to keep and record all ordinances, laws, and resolutions passed or enacted by the town council in appropriate books. He or she shall be ex officio clerk of the municipal court of said town and keep records of said court. He or she shall issue all licenses, permits, and receipts in the name ofsaid town, to collect therefor, and account for all funds so collected. He or she shall issue summons and writs when directed by the mayor, any councilmember, town marshal, town police, or town attorney, and to perform such other duties as he or she may be directed to do by the mayor or town council whether by rule, resolution, or otherwise."

SECTIONS. Said Act is further amended by striking Section 16 and inserting in lieu thereof a new Section 16 to read as follows:

"SECTION 16.

(a) Be it further enacted by the authority aforesaid that the town council is

hereby granted power and authority to authorize any arresting officer of said

town to take and accept bond for the appearance at the municipal court of said

town of any person arrested, giving receipt for any cash received as bond. That,

should a cash bond be posted, no further security may be required; but, if any

other kind ofbond is given, except a cash bond, then a citizen of the Town of

Bethlehem owning property of a net unencumbered value in excess of the

homestead exemption and double the amount of the bond will be required as

security on said bond. The arresting officer will pass upon the security.

.

(b) In the event the principal appears in the municipal court at the time specified

in said bond, the cash will be returned to him or her if a cash bond was given and,

if a security bond was given, the surety or person acting as security will be

relieved of further liability.

(c) Should the principal fail to appear and a cash bond was given, then the cash

bond may be forfeited by the presiding judge and the funds shall be placed in the

general fund for use by the town. Should a bond with some person as security

GEORGIA LAWS 2004 SESSION

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be given and the principal fail to appear, then the presiding judge may issue a rule nisi returnable to the next regular term of municipal court against the principal and his or her surety, which shall be served by the town marshal or any police officer upon the principal and surety, if either can be found, at least five days before the returnable term. Service may be personal or by leaving a copy thereof at the residence of the principal and the surety. If at such returnable term of the municipal court no sufficient cause is shown to the contrary, judgment shall be rendered by the presiding judge against such principal and surety or such ofthem which have been served. Execution or fi. fa. may be issued to enforce the collection of said judgment and, when collected, the funds shall be placed in the general fund of said town for its use. (d) Should the principal, who is the defendant, fail to appear at the municipal court as specified in said bond, the presiding judge of such court may issue a warrant of the arrest of said defendant. The warrant may be served by an arresting officer of this state and the defendant may be arrested at any place within the State of Georgia, detained, and returned to the Town ofBethlehem."

SECTION9. Said Act is further amended by striking Section 52 and inserting in lieu thereof a new Section 52 to read as follows:

'SECTION 52. Be it further enacted by the authority aforesaid that the town council shall have authority to establish a town jail and provide regulations for the same in which to confine prisoners for punishment or persons arrested or persons for safekeeping and that said town shall have the right to establish a public works gang for the purpose of working the streets and other municipal work of said town. The judges of the municipal court are granted authority to sentence any person convicted of the violation of any ordinance or law of said town to a term in jail, a term on the public works gang, a fine, or any one or all ofsaid penalties. The town council is authorized to establish such rules and regulations it deems necessary for the supervision, conduct, and general welfare ofsaid jail and public works camp.'

SECTION 10. Said Act is further amended by striking Section 53 and inserting in lieu thereof a new Section 53 to read as follows:

'SECTION 53. Be it further enacted by the authority aforesaid that the municipal court shall have the power and authority to preserve order during its sessions; to compel the attendance of witnesses; to punish for contempt for not more than six days in jail or a fme not to exceed $50.00, or both; to issues warrants for arrest; and to act with the same powers and authority of the magistrate courts in binding over to a

3836 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
higher court and assessing the bond therefor. It is further provided that the town council shall have the same rights as the municipal court to punish for contempt when in regular or called sessions. All fines may be collected by execution issued by the clerk of council and levied as other executions."
SECTION 11. Said Act is further amended by striking Section 54 and inserting in lieu thereof a new Section 54 to read as follows:
nSECTION 54. Be it further enacted by the authority aforesaid that the rights of certiorari from the judgment of the municipal court shall be had to the Superior Court ofBarrow County and shall be governed and controlled by the laws of the State of Georgia in force at the time the certiorari is made.n
SECTION 12. Said Act is further amended by striking Section 74 and inserting in lieu thereof a new Section 74 to read as follows:
"SECTION 74. (a) Be it further enacted by the authority aforesaid that the judges of the municipal court of said town shall have the power and authority to hold a court to be known as the Municipal Court of the Town of Bethlehem at such time and place in said town as the town council may designate and appoint for the hearing and trial of offenses committed against or for the violation of the bylaws, rules, regulations, ordinances, or laws of said town. (b) The judge of the municipal court is authorized and empowered to hear and try those charged with the violation of or offense against the bylaws, rules, regulations, ordinances, or laws of said town and, should the defendant be found or adjudged guilty of any such violation, the defendant may be punished by a fme not to exceed $1 ,000.00, by confinement in the town jail or elsewhere in a place of confinement as may be designated by the judge or town council not to exceed 180 days, or by labor on the streets or public works of said town under the control, supervision, and direction of the proper officers not to exceed 180 days. The judge may sentence the defendant to either one or more of said penalties or any part thereof. All sentences may be in the alternative and fines may be imposed with the alternative of either or both of the other punishments in the event that the fines are not paid. The judge may also require that the costs of prosecution shall be paid by the defendant. (c) Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said municipal court, the same may be enforced and collection by an execution issued by the clerk of council as provided for herein for the collection of taxes, and levies, sales, and defenses may be made in the same manner as executions issued for taxes.

GEORGIA LAWS 2004 SESSION

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(d) The town council shall have the power and authority to provide by ordinance or otherwise for the charge and collection of all costs in municipal court such as are usually incident and lawfully chargeable in the class of cases tried in said court, the same to be added to or included in the amount of fine imposed. Unless changed by the town council, the charges for costs shall be the same as are now or as may be lawfully charged in superior courts of this state. (e) The judges of the municipal court shall have the power and authority to issue warrants for any offense, state or town, committed within the town limits of said town. Said warrant may be served by the marshal or police of said town or by any arresting officer of this state and, acting under said warrant, the officer may arrest either within or outside the limits of said town. Offenders so arrested may be carried before the presiding judge of the municipal court and, if there is probable cause to suspect that any of the penal laws of this state or any rule, regulation, bylaw, ordinance, or law of said town has been violated, the judge may bind the accused over to the proper court and commit the accused to the jail or place of confinement to answer the charge against him or her, provided that the judge may, if such offense is bailable, admit the accused to bail, the arresting officer may approve the bond. Should the accused be bound over to state or superior court, all papers should be delivered to the clerk of the court to which such accused was bound over:

SECTION 13. The governing authority of the Town of Bethlehem 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 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 2004 regular session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the Town of Bethlehem, approved April21, 1967 (Ga. L. 1967, p. 3412), so as to provide for a municipal court and the judges thereof; to provide for jurisdiction of such court; to provide for a clerk; to provide for bail; to provide for punishments; to provide for a town jail; to provide for the issuance ofsubpoenas and warrants and the execution of judgments; to provide for staggered terms of office for the members of the town council; to require submission for preclearance under

3838 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Renee Unterman, who on oath deposes and says that she is the Senator from District 45 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Barrow County News which is the official organ of Barrow County on February 11, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RENEE' UNTERMAN Renee Unterman Senator, District 45
Sworn to and subscribed before me, this 18th day ofFebruary, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.
COBB COUNTY- PROBATE COURT; CLERK; COMPENSATION.
No. 673 (Senate Bill No. 580).
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 June 3, 2003 (Ga. L. 2003, p. 4668), so as to change the compensation of the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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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 June 3, 2003 (Ga. L. 2003, p. 4668), 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$69,218.18 per annum, payable in equal monthly installments from the funds of Cobb County."

SECTION2. 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 2004 session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Clay, who on oath deposes and says that he is the Senator from District 37 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on January 16, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHUCK CLAY Chuck Clay Senator, District 37

3840 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 23rd day of February, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.
CITY OF ATLANTA- MUNICIPAL COURT; JURISDICTION; VICTIMS AND WITNESSES ASSISTANCE PROGRAM; JUDGES; APPOINTMENT; FEES FOR MUNICIPAL DETENTION AND PRISON FACILITIES; TRANSFER OF CASES AND MATTERS.
No. 674 (Senate Bill No. 498).
AN ACT
To amend an Act providing a new charter for the City of Atlanta, approved Aprill5, 1996 (Ga. L. 1996, p. 4469), as amended, so as to change the provisions relating to the jurisdiction ofthe municipal court; to delete references in the charter
to the City Court of Atlanta; to change the provisions relating to the victims and
witnesses assistance program and the operation thereof; to provide for appointments by the mayor as a result of court consolidation and the procedures related thereto; to change the provisions relating to judges pro hac vice of the municipal court; to provide for the imposition, collection, and expenditure of an additional penalty in
the municipal court for municipal detention and prison facilities; to provide for a
statement of intent and purpose; to provide for the transfer of cases and matters; to provide for the transfer of records, books, minutes, files, and documents; to repeal an Act amending the Act providing a new charter for the City of Atlanta by providing for additional penalties for victims and witnesses assistance prograiDSi approved June 4, 2003 (Ga. L. 2003, p. 4721); to provide an effective date; to provide for repeal of this Act under certain conditions; to repeal conflicting Jaws; 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 striking subsection (a) of

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section 3-508, relating to regulation of complaints, fraud, waste, and abuse and definitions relating thereto, and inserting in lieu thereof the following:
'(a) As used in this section, the term: (1) 'Municipal employee' means classified and unclassified employees of the City of Atlanta, and individuals who perform services for the City of Atlanta on a contract or fee basis, but does not include elected officials. (2) 'Municipal employer' means any department, board, bureau, commission, authority, or other agency of the city which employs or appoints any municipal employee, except the mayor and members of the city council."

SECTION2. Said Act is further amended by striking Section 4-102, relating to the jurisdiction, authority, and powers generally ofthe municipal court, and inserting in lieu thereof the following:
"SECTION 4-102. Jurisdiction, authority, and powers generally.

The municipal court and each judge thereof shall have jurisdiction and power coextensive with the territorial limits of the City of Atlanta, Georgia, to:
(1) Try and punish violations of this charter, all city ordinances, and such other violations as provided by law; (2) Try, hear, and abate nuisances as provided by the laws of this state; (3) Hear, try, and determine as a committing court all warrants for the violation of any state law and, while acting under the authority of the laws of the State of Georgia, to bind over such persons to an appropriate higher court for the eventual trial of said case; (4) Punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail or both; (5) Punish for violations 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; (6) Establish bail and recognizance to ensure the presence of those charged with violations before said court; (7) Probate, revoke, amend, remit, modify, alter, or suspend sentences imposed, provided that the mayor may grant reprieves and pardons, commute penalties, and remit any part of a sentence following defendant's request therefor to the court; (8) Compel the production of books, papers, and other evidence in the possession of any party with the same authority as magistrates of the state; (9) Compel the presence of witnesses or all parties necessary to a proper disposal of each case by issuance of summonses, subpoenas, warrants, orders, and all other process in cases within its jurisdiction arising under the laws of

3842 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the State of Georgia or this charter or ordinances of the city with full power to enforce the same; ( 10) Enforce obedience to its orders, judgments, and sentences with the same authority as magistrates of the state; ( 11) Administer all oaths as are necessary with the same authority as magistrates of the state and take affidavits and attest other papers; (12) Issue warrants for the arrest ofpersons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the authority as magistrate of the state to issue warrants for offenses against state laws committed within the city; and (13) Such other powers and duties as shall be provided by law or ordinance.'
SECTION3. Said Act is further amended by striking Section 4-1 02A, which reads 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 ofAtlanta 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 approval of the distribution of the funds. An annual report to the governing authority of the City ofAtlanta of the moneys received by each recipient ofthese 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.

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(d) Except for moneys paid into the Victims and Witnesses Assistance Program as provided in subsections (a) through (c) ofthis 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.", in its entirety.

SECTION 4. Said Act is further amended by adding at the end of Section 4-106 a new subsection (f) to read as follows:
'(f) Appointments by mayor as a result of court consolidation. Notwithstanding subsections (a) through (e) of this section, the mayor, at the mayor's sole discretion, shall have the temporary authority for a period of one year from the effective date of this subsection to appoint any City of Atlanta judge who resigns or retires in good standing to the municipal court without first observing the Atlanta Judicial Commission process provided in subsections (a) through (e) of this section. This subsection shall not longer be applicable and shall be repealed one year following the effective date of this subsection."

SECTION 5. Said Act is further amended by striking Section 4-l 09 and inserting in lieu thereof the following:

"SECTION 4-109. Judges pro hac vice.

(a) The council shall determine the initial number ofjudges pro hac vice. The mayor shall appoint judges pro hac vice from panels ofthree nominees submitted by the Atlanta Judicial Commission. The qualifications for said appointees shall be the same as for judges and a judge pro hac vice shall act in the event of an emergency, conflict of interest, or other necessity. (b) At such time a judge pro hac vice is needed by the municipal court for more than three-fourths of the working days of this court in any six-month period, an additional position ofassociate judge shall be established, subject to approval by majority vote of the council. (c) All judges pro hac vice for the municipal court shall serve four-year terms, commencing on July l, 2004, or commencing on the effective date of their respective appointments, whichever date is earlier. Judges pro hac vice may be reappointed to that position, subject to the requirements of subsection (a) of this section. (d) Notwithstanding subsections (a) through (c) of this section, the mayor shall, at the mayor s sole option, have the temporary authority for a period of one year from the effective date of this subsection to appoint any former City of Atlanta full-time or pro hac vice judge who resigns or retires in good standing to the Municipal Court without first observing the Atlanta Judicial Commission process

3844 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provided in subsections (a) through (e) of Section 4-106 of this charter. In no event shall any full-time judge of the City Court who, although his or her position has been abolished by court consolidation and who is still entitled to his or her regular salary through the end ofhis or her term, serve on the municipal court pro hac vice for additional compensation. This prohibition shall not affect the right of any retired employee to collect pension or other retirement benefits. This subsection shall not longer be applicable and shall be repealed one year following the effective date of this subsection.'
SECTION6. Said Act is further amended by adding a new Section 4-116 to read as follows:
'SECTION 4-116. Victims and witnesses assistance program.
(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 ofbails 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 to the Victims and Witnesses Assistance Program operated by the City ofAtlanta in the Municipal Court of Atlanta. The budget for the Victims and Witnesses Assistance Program named in this section shall be submitted to the governing authority as a resolution of the Finance Committee of the Atlanta City Council for review and approval of the distribution of the funds. An annual report to the governing authority ofthe City ofAtlanta ofthe moneys received by the recipient of these funds shall be made by the chiefjudge.'
SECTION?. Said Act is further amended by adding a new Section 4-117 to read as follows:
'SECTION 4-117. Additional penalty for municipal detention and prison facilities.
(a)(l) In every case in which the municipal court shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or any ordinance of the City of Atlanta, there shall be imposed

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as an additional penalty a sum equal to 15 percent of the original fine. Such additional penalties shall be paid over as provided in subsection (c) of this section. The penalty provided in this paragraph shall be in addition to any penalty or additional penalty provided for in any other provision ofthis charter. (2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or ordinance of the City of Atlanta, an additional sum equal to 15 percent of the original amount ofbail or bond shall be posted. In every case in which such court shall order the forfeiture of bail or bond, the additional sum equal to 15 percent of the original bail or bond shall be paid over as provided in subsection (c) of this section. The additional sums provided for in this paragraph shall be in addition to any other sums provided by law. (b) Such sums required by subsection (a) ofthis section and Section 4-116 of this charter shall be in addition to that amount required by Code Section 47-1 7-60 of the O.C.G.A. to be paid into the Peace Officers Annuity and Benefit Fund or by Code Section 47-11-51 of the O.C.G.A. to be paid into the Judges of the Probate Courts Retirement Fund of Georgia. (c) The sums provided for in subsection (a) of this section shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the city by the tenth day of the month following the month in which such sums are collected. Such sums paid over to the governing authority shall be deposited by the governing authority into a special account to be known as the 'city jail fund.'"

SECTION 8. The provisions of this Act provide modifications to the laws relating to the Municipal Court of the City of Atlanta as a result of the dissolution of the City Court of Atlanta and the repeal of the Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, approved April4, 1996 (Ga. L. 1996, p. 627), as amended. The Municipal Court of the City of Atlanta shall be deemed the successor court to the City Court ofAtlanta. All cases and matters pending in the abolished court shall be transferred to the municipal court. The chiefjudge of such municipal court shall then transfer those cases over which the municipal court does not have jurisdiction to the appropriate court. All records, books, minutes, files, and documents relating to such cases or prior cases of the city court shall be likewise transferred.

SECTION9. An Act amending the Act providing a new charter for the City of Atlanta by providing for additional penalties for victims and witnesses assistance programs, approved June 4, 2003 (Ga. L. 2003, p. 4721 ), is repealed in its entirety.

3846 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 10. This Act shall become effective July 1, 2004, but only if an Act abolishing the City Court of Atlanta by repealing an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, approved April4, 1996 (Ga. L. 1996, p. 627), as amended, is enacted at the 2004 regular session of the General Assembly of Georgia and is approved by the Governor or becomes law without such approval. If such Act is not repealed at such session this Act shall not become effective and shall be automatically repealed on July 1, 2004.
SECTION 11. All laws and parts oflaws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Atlanta, approved Aprill5, 1996 (Ga. L. 1996, p. 4469), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kasim Reed, who on oath deposes and says that he is the Senator from District 35 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County on January 23, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ KASIM REED KasimReed Senator, District 35
Sworn to and subscribed before me, this 29 day of January, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25,2007 (SEAL)
Approved May 17,2004.

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TOWN OF WRENS-MAYOR AND COUNCIL; COMPENSATION.

No. 675 (Senate Bill No. 509).

AN ACT

To amend an Act entitled "An Act to incorporate the town of Wrens, in the county ofJefferson," approved December 17, 1901 (Ga. L. 1901, p. 722), as amended, so as to provide that the governing authority may establish the compensation of its members in accordance with general law; 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 incorporate the town of Wrens, in the county of Jefferson," approved December 17, 1901 (Ga. L. 1901, p. 722), as amended, is amended by inserting immediately following Section 6 a new section to read as follows:

"SECTION 6.1. The mayor and councilpersons shall be authorized to establish the compensation of such officers as provided by general law. Such officers shall be reimbursed for actual and necessary expenses incurred in the performance of their duties."

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 2004 session of the General Assembly of Georgia a bill to amend the City Charter (Ga. Laws 1901, p. 772) for the City of Wrens, as amended, so as to change the Charter concerning the salaries and expenses of the Mayor and City Council and to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Cheeks, who on oath deposes and says that he is the Senator from District 23 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the News and Farmer/Jefferson

3848 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Reporter which is the official organ of Jefferson County on February 5, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DON CHEEKS Don Cheeks Senator, District 23
Sworn to and subscribed before me, this lith day of February, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.
CITY OF FOREST PARK- HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.
No. 676 (Senate Bill No. 615).
AN ACT
To provide a homestead exemption from City of Forest Park ad valorem taxes for municipal purposes; to provide that the amount of such exemption shall be $50,000.00 of the assessed value of the homestead in 2004, $100,000.00 of the assessed value of the homestead in 2005, and $150,000.00 of the assessed value of
me the homestead in 2006 and subsequent years; to provide that such exemptions shall
be available to all residents of the city; to provide for definitions; to specify terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(I) "Ad valorem taxes for municipal purposes" means all ad valorem taxes fOI county purposes levied by, for, or on behalf of the City ofForest Park, inclu~ but not limited to, ad valorem taxes to pay interest on and to retire city bonded indebtedness.

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(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Forest Park is granted an exemption on that person's homestead from all City of Forest Park ad valorem taxes for municipal purposes in the amount of$50,000.00 of the assessed value of that homestead for fiscal year 2004, $1 00,000.00 ofthe assessed value ofthat homestead for fiscal year 2005, and $150,000.00 of the assessed value ofthat homestead for fiscal year 2006 and subsequent years. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Clayton County. The tax commissioner shall provide application fonns 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 so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Clayton County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by this subsection (b) of this section shall not apply to or affect state ad valorem taxes or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by this Act shall be in addition to and not in lieu of any other homestead exemption applicable to the City of Forest Park 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 l, 2004.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Clayton County 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 Forest Park for approval or rejection. The election superintendent of Clayton County shall conduct that election at the time of the general election in 2004 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 Clayton County. The ballot shall have written or printed thereon the words:

3850 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"YES ( ) Shall the Act be approved which provides a new homestead exemption from City of Forest Park ad valorem taxes for municipal
NO ( ) purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city in 2004, $100,000.00 of the assessed value of the homestead for residents of that city in 2005, and $150,000.00 ofthe assessed value ofthe homestead for residents of that city in 2006 and subsequent years?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-halfofthe votes cast on such question are for approval of the Act, Section 1 of this Act 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, 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 Clayton County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts oflaws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the Regular 2004 Session of the General Assembly of Georgia a bill to provide a homestead exemption form City ofForest Park ad valorem taxes for municipal purposes; to provide that the amount of such exemption shall begin at $50,000 of the assessed value to the homestead and increase to $150,000 ofthe assessed value ofthe homestead over a three-year period; to provide that such exemptions shall be available to all residents ofthe city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and automatic repeal; and for other purposes.
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 oflntention

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to Introduce Local Legislation was published in the News Daily which is the official organ of Clayton County on March 2, 2004, and that the notice requirements of Code Section 28-l-14 have been met.

s/ TERRELL STARR Terrell Starr Senator, District 44

sworn to and subscribed before me, this 2nd day of March, 2004.

sf DEANA COKER Deana Coker Notary Public, Henry County, Georgia
My Commission Expires Aug. 25, 2007
(SEAL)

Approved May 17,2004.

HEARD COUNTY- HEARD COUNTY PUBLIC FACILITIES AUTHORITY; CREATION.
No. 677 (Senate Bill No. 625).
AN ACT
To create the Heard County Public Facilities Authority; to provide for a short title; to provide for the membership and the appointment ofmembers ofthe authority and their terms of office, qualifications, duties, powers, compensation, and expenses; to provide for vacancies, organization, meetings, and quorum; to provide for definitions; to provide for the powers and duties of the authority; to provide for revenue bonds and their form, denominations, signatures thereon, negotiability, and sale and use of proceeds from such sales; to provide for interim documents and for lost or mutilated bonds; to provide conditions for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment ofbond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for the purpose of the authority; to provide for rates, charges, and revenue; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

3852 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Heard County Public Facilities Authority Act."
SECTION 2. Heard County Public Facilities Authority.
(a) There is created a public body corporate and politic to be known as the "Heard 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 ofCommissioners of Heard County. With respect to the initial appointment by the board of commissioners, 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 ofthe 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, a resident of Heard 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 ofthe authority may be selected and appointed to succeed himself or herself. (c) The Board of Commissioners of Heard County may provide by resolution for compensation for the services of the members of the authority in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance oftheir duties. (d) The members ofthe authority shall elect one 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 ofthe 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 ofsuch officers shall serve for a period of one year and until his or her successor is 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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SECTION3. Definitions.

As used in this Act, the term: (1) "Authority" means the Heard County Public Facilities Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost ofall lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents and legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability ofthe project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "Project" means: (A) All buildings, facilities, and equipment necessary or convenient for the efficient operation of: (i) Heard County, Georgia, or any department, agency, division, or commission thereof; (ii) The Heard County School District; or (iii) Any other political subdivision or municipality of the State of Georgia located within Heard County, Georgia; and (B) Any undertaking permitted by the Revenue Bond Law. (4) "Revenue Bond Law" means Article 3 of Chapter 82 of Title 36 of the O.C.G.A. or any other similar law hereinafter enacted. (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (6) "Self-liquidating" means any project from which the revenues and earnings to be derived by the authority, including, but not limited to, any contractual payments with governmental or private entities and all properties used, leased, and sold in connection with such project, together with any grants, will be sufficient to pay the costs ofoperating, 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;

3854 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) To acquire by purchase, lease, gift, condemnation, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue; and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act, except from the funds provided by authorization ofthis Act; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations; (5) To execute contracts, leases, agreements, and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project, and any and all persons, firms, and corporations, Heard County, Georgia, the Heard County School District, and any other political subdivision or municipality of the State of Georgia located in Heard County, Georgia, are hereby authorized to enter into contracts, leases, agreements, or instruments with the authority upon such tenns and for such purposes as they deem advisable and as they are authorized by law; (6) To acquire, construct, add to, extend, improve, equip, operate, and maintain projects; (7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority, from any grant or contribution from the United States of America or any agency or instrumentality thereof, from the state or any agency or instrumentality or other political subdivision thereof, or from any other source whatsoever; (8) To accept loans or grants or loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (9) To accept loans or grants or loans and grants of money or materials or property of any kind from the state or any agency, instrumentality, or political

GEORGIA LAWS 2004 SESSION

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subdivision thereof, upon such terms and conditions as the state or such agency, instrumentality, or political subdivision may require; (1 0) To borrow money for any of its corporate purposes; to execute promissory notes; to issue revenue bonds; and to provide for the payment of its designations for borrowed money and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 5. Revenue bonds.

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have the power and is hereby authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds.

SECTION6. 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?. 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

3856 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
facsimile signature ofthe secretary, assistant Secretary, or secretary-treasurer ofthe authority, and the official seal of the authority shall be impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary, or secretary-treasurer of the authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signature of such persons as, at the actual time of the execution of such revenue bonds or coupons, shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery.
SECTION.S. Same; negotiability; exemption from taxation.
All revenue bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.
SECTION 9. Same; sale; price; proceeds.
The authority may sell revenue bonds in such manner and for such price as it rna~ 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 or 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 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 shall not be deemed to constitute a debt of Heard County, Georgia; the City of Franklin; or the Heard County School District, nor a pledge of the faith and credit of said county, city, or school district but such revenue bonds shall be payable solely from the fund provided for in this Act. The issuance ofsuch revenue bonds shall not directly, indirectly, or contingently obligate said county, city, or school district to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the provisions of this section. Notwithstanding the provisions of this section, this Act shall not affect the ability of the authority and said county, city, or school district to enter into an intergovernmental contract pursuant to which said county, city, or school district 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 ofthe 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

3858 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 ofthe 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 ofsuch 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 ofwhether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the revenue bonds or in the trust indenture may provide, and such funds so pledged from whatever source received shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.
SECTION 17. Remedies ofbondholders.
Any holder of revenue bonds or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given

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may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state, including specifically but without limitation the Revenue Bond Law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.

SECTION 18. Validation.

Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state, and any institution, department, or other agency thereof, and any county, municipality, school district, or other political subdivision or authority of the state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants.

SECTION 19. 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 Heard 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 will be created which will compete with the

3860 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds, nor will the state itself so compete with the authority. The provisions ofthis Act shall be for the benefit of the authority and the holders of any such revenue bonds, and upon the issuance of such revenue bonds under the provisions hereof, shall constitute a contract with the holders of such revenue bonds.
SECTION 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 of this Act, the general purpose of the authority is declared to be that ofproviding buildings, facilities, and services for the citizens in Heard 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.

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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 Heard 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 Heard County, Georgia, when in the performance of their public duties or work of the county.

SECTION 26. Tax-exempt status of authority.

The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any municipality, county, or the state and any political subdivision thereof.

SECTION 27. Effect on other governments.

This Act shall not and does not in any way take from Heard County, Georgia, or any political subdivision or municipality the authorization to own, operate, and maintain public facilities or to issue revenue bonds as provided by the Revenue Bond Law.

SECTION28. Liberal construction of Act.

This Act, being for the welfare ofvarious political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.

SECTION 29. Effect of partial invalidity of Act.

The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

3862 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 30. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION31. 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 2004 session of the General Assembly of Georgia a bill to create the Heard County Public Facilities Authority, and for other purposes.
This 3rd day of March, 2004.
s/ Daniel W. Lee Senator Daniel W. Lee District 29
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 News & Banner which is the official organ of Heard County on March 3, 2004, 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 12th day of March, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)

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Approved May 17, 2004.

CITY OF SOPERTON- ANNEXATION; DISTRICTS.
No. 678 (Senate Bill No. 626).
AN ACT
To amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5491), so as to annex certain tracts or parcels of land into the City of Soperton and 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 submission of this Act for approval under the Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. An Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5491 ), is amended by adding at the end of Section 1.11 the following:
'In addition, the following tracts or parcels of land shall be and are included as being a part of the City of Soperton:
TRACT 1: All that tract or parcel ofland lying, being and situate in the 1386th G. M. District of Treutlen County, Georgia, being described as follows: beginning at a point formed by the intersection of the existing City Limits of the City of Soperton with the southern margin of Barwick Avenue; from said point of beginning thence run north 78 degrees 39 minutes 45 seconds west a distance of 273.84 feet to an iron pin; thence south 11 degrees 49 minutes 15 seconds west a distance of 208.59 feet to an iron pin; thence north 79 degrees 04 minutes 26 seconds west a distance of416.49 feet to an iron pin; thence north 11 degrees 21 minutes 49 seconds east a distance of 207.78 feet to an iron pin situated on the southern margin of Barwick Avenue; thence running along said margin of Barwick Avenue north 78 degrees 10 minutes 05 seconds west a distance of 508.48 feet to an iron pin; thence south 10 degrees 59 minutes 03 seconds west a distance of2,350.34 feet to an iron pin; thence south 77 degrees 50 minutes 21 seconds east a distance of962.56 feet to an iron pin; thence south 04 degrees 27 minutes 03 seconds east a distance of 1,310.25 feet to an iron pin; thence south 10 degrees 27 minutes 19 seconds east a distance of 174.13 feet to an iron pin situated on the southeastern margin

3864 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Georgia Highway 46; thence running along said margin of Georgia Highway 46 south 56 degrees 09 minutes 27 seconds west a distance of 176.22 feet to an iron pin situated at the intersection of said margin of Georgia Highway 46 with the northeasterly margin of County Road 159; thence continuing along the said margin of County Road 159 south 44 degrees 57 minutes 05 seconds east a distance of 557.75 feet to an iron pin; thence north 44 degrees 56 minutes 35 seconds east a distance of 412.85 feet to an iron pin; thence north 15 degrees 18 minutes 18 seconds east a distance of 67.0 feet to an iron pin; thence north 17 degrees 42 minutes 45 seconds west a distance of 175.45 feet to an iron pin; thence north 30 degrees 20 minutes 23 seconds east a distance of 179.39 feet to an iron pin; thence south 59 degrees 26 minutes 20 seconds east a distance of657.56 feet to an iron pin; thence south 45 degrees 04 minutes and 34 seconds west a distance of 889.43 feet to an iron pin situated on the northeastern margin of County Road 159; thence continuing along said margin of County Road 159 south 45 degrees 08 minutes 33 seconds east a distance of l ,562.95 feet to an iron pin situated at the intersection of said margin of County Road 159 with the northwestern margin of County Road 131; thence continuing along the said margin of County Road 131 south 38 degrees 31 minutes 48 seconds west a distance of252.83 feet to a point; thence along the arc ofa curve formed by the western margin of County Road 131 to a point where said margin of County Road 131 intersects with the center line of Little Red BluffCreek a chord line distance and direction being south 0 degrees 45 minutes 30 seconds east a chord line distance of 944.34 feet to said point. From said point where said margin intersects with the center line of Little Red Bluff Creek; thence run down the center line of the run of Little Red Bluff Creek to an iron pin, the straight line distance and direction being north 48 degrees 34 minutes 49 seconds east a distance of 463.64 feet to an iron pin; thence south 11 degrees 18 minutes 16 seconds east a distance of365.00 feet to an iron pin; thence south 86 degrees 04 minutes 09 seconds east a distance of 30 l. 70 feet to an iron pin; thence north 03 degrees 32 minutes 33 seconds east a distance of 163.32 feet to an iron pin; thence south 85 degrees 59 minutes 18 seconds east a distance of 811.99 feet to an iron pin; thence south 03 degrees 47 minutes 01 seconds west a distance of352.43 feet to an iron pin; thence south 78 degrees 31 minutes 49 seconds west a distance 442.04 feet to an iron pin; thence south ll degrees 34 minutes 23 seconds east a distance of376.87 feet to an iron pin; thence south 78 degrees 14 minutes 46 seconds west a distance of 274.22 feet to an iron pin; thence south ll degrees 26 minutes 41 seconds east a distance of 632.29 feet to an iron pin; thence north 78 degrees 19 minutes 43 seconds east a distance of274.78 feet to an iron pin; thence south 11 degrees 44 minutes 51 seconds east a distance of 253.35 feet to an iron pin; thence north 82 degrees 50 minutes l 0 seconds east a distance
of l ,227.22 feet to an iron pin; thence along the center line of a branch to an
iron pin situated on the western margin ofU. S. Highway 221, the straight line

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distance and direction being north 54 degrees 19 minutes 35 seconds east a distance of 1,162.99 feet; thence along the said westerly margin of U, S. Highway 221 north 04 degrees 41 minutes 19 seconds west a distance of 1,288.36 feet to an iron pin; thence south 73 degrees 23 minutes 51 seconds west a distance of 308.41 feet to an iron pin; thence south 73 degrees 26 minutes 01 seconds west a distance of 669.28 feet to an iron pin; thence north 16 degrees 39 minutes 43 seconds west a distance of339.75 feet to an iron pin situated on the northern margin of Whelchel Street; thence continuing along said margin of Whelchel Street north 72 degrees 27 minutes 28 seconds east a distance of93 .67 feet to an iron pin; thence north 16 degrees 49 minutes 34 seconds west a distance of 530.37 feet to an iron pin; thence north 33 degrees 32 minutes 43 seconds west a distance of 115.65 feet to an iron pin; thence north 05 degrees 37 minutes 05 seconds east a distance 336.05 feet to an iron pin; thence north 83 degrees 20 minutes 58 seconds east a distance of 534.45 feet to an iron pin; thence continuing along the western margin of Session Street in a northerly direction 230.94 feet to a point formed by the intersection of said margin of Session Street with the currently existing City Limits of the City of Soperton. Thence run along the arc formed by the old City limits in a Northwesterly direction to the point where said city limits intersects with Barwick Avenue and the point ofbeginning. Said tract is more particularly described in that certain plat ofsurvey prepared by Larry C. Jones, Georgia Registered Land Surveyor, dated April29, 2003 and recorded in Plat Book 8, page 29, and a second plat also prepared by Larry C. Jones, Surveyor, dated April29, 2003 and revised February 24, 2004 and filed in Plat Book 8, page 30, all in the office of the Clerk of Superior Court of Treutlen County, Georgia. Said Plat is hereby incorporated into this description by reference thereto for a more accurate description of the property herein referred to. TRACT 2: All that tractor parcel ofland lying, being and situate in the 1386th G. M. District ofTreutlen County, Georgia, being more particularly described as follows: Beginning at a point formed by the intersection of the existing City Limits of the City of Soperton with the easterly margin of U. S. Highway 221 as said highway runs south from the City of Soperton and continuing along the eastern margin of U. S. Highway 221 in a southerly direction a distance of 440.18 feet to an iron pin; thence run north 85 degrees 50 minutes 50 seconds east a distance of 150.00 feet to an iron pin; thence south 04 degrees 09 minutes 10 seconds east a distance of 106.04 feet to an iron pin; thence north 84 degrees 14 minutes 16 seconds east a distance of 1,087.34 feet to an iron pin; thence continuing along said line north 84 degrees 14 minutes 16 seconds east a distance of 277.01 feet to an iron pin; thence running north 03 degrees 47 minutes 42 seconds east a distance of203.16 feet to an iron pin situated on the western margin of Florida Street; thence continuing north 65 degrees 20 minutes 09 seconds east a distance of 51.43 feet to an iron pin situated on the eastern margin of Florida Street; thence south 55 degrees 00 minutes 30 seconds east a distance of 218.65 feet to an iron pin; thence

3866 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
north 07 degrees 40 minutes 28 seconds east a distance of 361.68 feet to an iron pin; thence north 70 degrees 29 minutes 22 seconds west a distance of 90.0 feet to an iron pin; thence north 17 degrees 46 minutes 43 seconds east a distance of 155.80 feet to an iron pin; thence south 68 degrees 22 minutes 54 seconds east a distance of36.24 feet to an iron pin situated on the southern margin of Woodland Drive; thence continuing along said margin ofWoodland Drive south 61 degrees 22 minutes 48 seconds east a distance of82.32 feet to an iron pin; thence continuing along said margin of Woodland Drive south 61 degrees 08 minutes 22 seconds east a distance of297.47 feet to an iron pin; thence south 27 degrees 43 minutes 12 seconds west a distance of 138.66 feet to an iron pin; thence south 63 degrees 06 minutes 33 seconds east a distance of 379.22 feet to an iron pin; thence north 37 degrees 15 minutes 07 seconds east a distance of 129.42 feet to an iron pin situated on the southern margin of Woodland Drive; thence along the curve of the southern margin ofWoodland Drive to an iron pin, the straight line distance and direction being south 84 degrees 52 minutes 40 seconds east a distance of229.95 feet to an iron pin; thence south 26 degrees 38 minutes 59 seconds east a distance of 165.03 feet to an iron pin; thence north 46 degrees 27 minutes 50 seconds east a distance of 634.61 feet to an iron pin; thence north 16 degrees 27 minutes 52 seconds west a distance of 168.41 feet to an iron pin; thence north 70 degrees 44 minutes 06 seconds east a distance of764.57 feet to an iron pin situated on the western margin of Georgia Highway 29 as said Georgia Highway 29 rui\S southeast from the center of The City of Soperton; from said iron pin thence run along said margin of Georgia Highway 29 in a northwesterly direction a distance of 339.76 feet to the intersection of said margin with the currently existing City Limits of The City of Soperton; thence running in a westerly direction along the existing City Limits of The City of Soperton to a point formed by the intersection of said City Limits with the eastern margin ofU. S. Highway 221 as said U. S. Highway 221 runs south from the center of The City of Soperton, said point being the point of beginning. Said tract is more particularly described in those certain plats of survey prepared by Larry C. Jones, Georgia Registered Land Surveyor, dated April 29, 2003, revised February 24, 2004 and recorded in Plat Book 8, page 30 in the office of the Clerk of Superior Court ofTreutlen County, Georgia. Said Plats are hereby incorporated into this description by reference thereto for a more accurate description of the property herein referred to. TRACT 3: All that tract or parcel ofland lying, being and situate in the I386th G. M. District of Treutlen County, Georgia, more particularly described as follows: Beginning at a point formed by the intersection of the now existing City Limits of the City of Soperton with the northern margin of Georgia Highway 46 as said highway runs in a easterly direction from the center of the City of Soperton; from said point of beginning thence run in an easterlY direction along said margin of Georgia Highway 46 a distance of 371.77 feet to an iron pin; thence north 03 degrees 22 minutes 00 seconds west a distance

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of 210.0 feet to an iron pin; thence north 86 degrees 38 minutes 00 second's east a distance of 208.80 feet to an iron pin; thence south 03 degrees 22 minutes 00 seconds east a distance of 210.0 feet to an iron pin situated on the northern margin of Georgia Highway 46; thence continuing along said margin of Georgia Highway 46 north 86 degrees 38 minutes 00 seconds east a distance of 1,339.16 feet to a point; thence continuing along the arc of a curve formed by the said northern margin of Georgia Highway 46 to a point, said curve having a chord line direction of south 81 degrees 34 minutes 00 seconds east and a chord line distance of 1,707.99 feet to said point; thence south 69 degrees 46 minutes 00 seconds east a distance of 346.42 feet to an iron pin situated at the intersection of the northern margin of Georgia Highway 46 with the western margin of Airport Road, also known as County Road 143; from said iron pin thence run along said margin of Airport Road north 21 degrees 30 minutes 09 seconds west a distance of 963.06 feet to an iron pin; thence north 20 degrees 32 minutes 13 seconds west a distance of 576.70 feet to an iron pin; thence north 12 degrees 51 minutes 06 seconds west a distance of 780.22 feet to an iron pin; thence north 14 degrees 35 minutes 26 seconds west a distance of 1,020.59 feet to an iron pin situated at the intersection of said margin of Airport Road with the southeasterly margin of Georgia Highway 56; thence along said margin of Georgia Highway 56 south 55 degrees 26 minutes 46 seconds west a distance of 60.15 feet to a point; thence continuing along said margin of Georgia Highway 56 forming the arc of a curve to a point of said curve having chord line direction of south 59 degrees 42 minutes 36 seconds west in a chord line distance of749.99 feet to said point; thence continuing along said margin of Georgia Highway 56 south 63 degrees 58 minutes 26 seconds west a distance of772.60 feet to an iron pin; thence south 34 degrees 31 minutes 0 l seconds east a distance of 734.52 feet to an iron pin; thence north 82 degrees 00 minutes 00 seconds west a distance of 132.0 feet to an iron pin; thence south 36 degrees 30 minutes 00 seconds west a distance of924.0 feet to an iron pin; thence north 32 degrees 30 minutes 00 seconds west a distance of 414.48 feet to an iron pin; thence south 80 degrees 12 minutes 48 seconds west a distance of269.0l feet to an iron pin; thence south 68 degrees 30 minutes 00 seconds west a distance of 233.80 feet to an iron pin; thence north 88 degrees 23 minutes 00 seconds west a distance of 112.93 feet to an iron pin; thence south 85 degrees 14 minutes 00 seconds west a distance of 123.14 feet to an iron pin; thence south 79 degrees 07 minutes 00 seconds west a distance of 185.52 feet to an iron pin; thence south 08 degrees 06 minutes 00 seconds east a distance of395.05 feet to an iron pin; thence north 64 degrees 08 minutes 00 seconds west a distance of797.0 feet to a point formed by the intersection of said line with the existing City Limits of the City of Soperton; thence running along the existing City Limits ofThe City ofSoperton in a southerly direction to a point formed by the intersection of said City Limits with the northern margin of Georgia Highway 46 and the point of beginning. Said property is more particularly

3868 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
described in that certain Plat of Survey prepared by Larry C. Jones, Georgia Registered Land Surveyor, dated April 29, 2003 and filed for record in Plat Book 8, page 31, in the Office of the Clerk of Superior Court of Treutlen County, Georgia. Said Plat is hereby incorporated into this description by reference thereto for a more accurate description ofthe property herein referred to."
SECTION 2. Said Act is further amended by striking Section 5.12 and inserting in its place a new Section 5.12 to read as follows:
"SECTION 5.12. Districts.
(a) For purposes of electing members of the city council, other than the mayor, the City ofSoperton is divided into five council districts. One member ofthe city council shall be elected from each such district. The five council districts shall be and correspond to those five numbered districts described herein. Said districts are described as follows:
DISTRICT 1: Beginning at the intersection of Martin Luther King Drive with Georgia Avenue run in a northwesterly direction along Georgia Avenue to the intersection of Georgia Avenue with Manning Street; thence along Manning Street in a southwesterly direction to the intersection of Manning Street with Mississippi Avenue; thence in a southeasterly direction along Mississippi Avenue to the intersection of Mississippi Avenue with the Eastman Road; thence in a southwesterly direction along the Eastman Road to the intersection of Eastman Road with Barwick Avenue; thence running in a northwesterly direction along Barwick Avenue to the intersection of Barwick Avenue with New Street; thence along New Street in a southwesterly direction to the intersection ofNew Street with Outlaw Avenue; thence along Outlaw Avenue in a southeasterly direction to the intersection of Outlaw Avenue with the Eastman Road; thence along Eastman Road in a southeasterly direction to a point formed by the intersection of the Eastman Road, also known as State Route 46, with the previously existing City Limits; thence continuing along the old City Limits in a southeasterly direction to a point formed by the intersection of the old City Limits with the center line of Little Red Bluff Creek; thence running along the center line of Little Red BluffCreek to a point formed by the intersection of the center line of Little Red Bluff Creek with Cedar Grove Road, also known as County Road No. 131: From said point where said margin intersects with the center line of Little Red Bluff Creek; thence run down the center line of the run of Little Red Bluff Creek to an iron pin, the straight line distance and direction being north 48 degrees 34 minutes 49 seconds east a distance of 463.64 feet to an iron pin; thence south 11 degrees 18 minutes 16 seconds east a distance of365.00 feet to an iron pin;

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thence south 86 degrees 04 minutes 09 seconds east a distance of 301.70 feet to an iron pin; thence north 03 degrees 32 minutes 33 seconds east a distance of 163.32 feet to an iron pin; thence south 85 degrees 59 minutes 18 seconds east a distance of 811.99 feet to an iron pin; thence south 03 degrees 47 minutes 01 seconds west a distance of352.43 feet to an iron pin; thence south 78 degrees 31 minutes 49 seconds west a distance 442.04 feet to an iron pin; thence south 11 degrees 34 minutes 23 seconds east a distance of376.87 feet to an iron pin; thence south 78 degrees 14 minutes 46 seconds west a distance of 274.22 feet to an iron pin; thence south 11 degrees 26 minutes 41 seconds east a distance of 632.29 feet to an iron pin; thence north 78 degrees 19 minutes 43 seconds east a distance of 274.78 feet to an iron pin; thence south 11 degrees 44 minutes 51 seconds east a distance of 253.35 feet to an iron pin; thence north 82 degrees 50 minutes 10 seconds east a distance of 1,227.22 feet to an iron pin; thence along the center line of a branch to an iron pin situated on the western margin ofU. S. Highway 221, the straight line distance and direction being north 54 degrees 19 minutes 35 seconds east a distance of 1,162.99 feet; thence along the said westerly margin of U. S. Highway 221 north 04 degrees 41 minutes 19 seconds west a distance of 1,288.36 feet to an iron pin; thence south 73 degrees 23 minutes 51 seconds west a distance of 308.41 feet to an iron pin; thence south 73 degrees 26 minutes 01 seconds west a distance of 669.28 feet to an iron pin; thence north 16 degrees 39 minutes 43 seconds west a distance of 339.75 feet to an iron pin situated on the northern margin ofWhelchel Street; thence continuing along said margin of Whelchel Street north 72 degrees 27 minutes 28 seconds east a distance of93 .67 feet to an iron pin; thence north 16 degrees 49 minutes 34 seconds west a distance of 530.37 feet to an iron pin; thence north 33 degrees 32 minutes 43 seconds west a distance of 115.65 feet to an iron pin; thence north 05 degrees 37 minutes 05 seconds east a distance 336.05 feet to an iron pin; thence north 83 degrees 20 minutes 58 seconds east a distance of 534.45 feet to an iron pin; thence continuing along the western margin of Session Street in a northerly direction 230.94 feet to a point formed by the intersection of said margin of Session Street with the currently existing City Limits of the City of Soperton. From the point formed by the intersection of Sessions Street with the old City Limits; thence run along the old City Limits in a northwesterly direction to a point formed by the intersection of the old City Limits with Fowler Street; thence running along Fowler Street in a northeasterly direction to a point formed by the intersection of Fowler Street with Jim Ricks Drive; thence in an easterly direction along Jim Ricks Drive to the intersection of Jim Ricks Drive with Sessions Street; thence running along Sessions Street in a northerly direction to a point formed by the intersection of Sessions Street with the Mount Vernon Road, also known as U.S. Highway 221; thence running along the Mount Vernon Road in a northerly direction to a point formed by the intersection of the Mount Vernon Road with Florida Street; thence running in a northwesterly direction along Florida Street

3870 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to the intersection of Florida Street with Martin Luther King Drive; thence running along Martin Luther King Drive in a northeasterly direction to the intersection of Martin Luther King Drive with Georgia Avenue and the point of beginning. DISTRICT 2: Beginning at the intersection of Eastman Road with Mississippi thence run in a northwesterly direction along Mississippi Avenue to the intersection of Mississippi Avenue with Carter Street; thence run along Carter Street in a northeasterly direction to the intersection of Carter Street with Georgia Avenue; thence running along Georgia Avenue in a southeasterly direction to the intersection of Georgia Avenue with Twiggs Street; thence running along Twiggs Street in a northeasterly direction to the intersection of Twiggs Street with Womack Avenue; thence running along Womack Avenue in a northwesterly direction to the intersection of Womack Avenue with Evans Street; thence running in a northeasterly direction along Evans Street to the intersection of Evans Street with West Louisiana Avenue; thence running in a northwesterly direction along West Louisiana Avenue to the intersection of West Louisiana Avenue with the City Limits of the City of Soperton; thence running along the arc fotmed by the City Limits of the City of Soperton in a southwesterly direction to the intersection of the said City Limits with Barwick Avenue; thence running along beginning at a point formed by the intersection of the existing City Limits of the City of Soperton with the southern margin of Barwick Avenue; from said point thence run north 78 degrees 39 minutes 45 seconds west a distance of 273.84 feet to an iron pin; thence south II degrees 49 minutes 15 seconds west a distance of208.59 feet to an iron pin; thence north 79 degrees 04 minutes 26 seconds west a distance of 416.49 feet to an iron pin; thence north 11 degrees 21 minutes 49 seconds east a distance of 207.78 feet to an iron pin situated on the southern margin of Barwick Avenue; thence running along said margin of Barwick Avenue north 78 degrees 10 minutes 05 seconds west a distance of 508.48 feet to an iron pin; thence south 10 degrees 59 minutes 03 seconds west a distance of2,350.34 feet to an iron pin; thence south 77 degrees 50 minutes 21 seconds east a distance
of962.56 feet to an iron pin; thence south 04 degrees 27 minutes OJ seconds
east a distance of I,310.25 feet to an iron pin; thence south I0 degrees 27 minutes 19 seconds east a distance of 174.13 feet to an iron pin situated on the southeastern margin of Georgia Highway 46; thence running along said margin of Georgia Highway 46 south 56 degrees 09 minutes 27 seconds west a distance of 176.22 feet to an iron pin situated at the intersection of said margin of Georgia Highway 46 with the northeasterly margin of County Road 159; thence continuing along the said margin of County Road 159 south 44 degrees 57 minutes 05 seconds east a distance of 557.75 feet to an iron pin; thence north 44 degrees 56 minutes 35 seconds east a distance of 412.85 feet to an iron pin; thence north 15 degrees 18 minutes 18 seconds east a distance of67.0 feet to an iron pin; thence north 17 degrees 42 minutes 45 seconds west a distance of 175.45 feet to an iron pin; thence north 30 degrees 20 minutes

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23 seconds east a distance of 179.39 feet to an iron pin; thence south 59 degrees 26 minutes 20 seconds east a distance of657.56 feet to an iron pin; thence south 45 degrees 04 minutes and 34 seconds west a distance of 889.43 feet to an iron pin situated on the northeastern margin of County Road 159; thence continuing along said margin of County Road 159 south 45 degrees 08 minutes 33 seconds east a distance of 1,562.95 feet to an iron pin situated at the intersection of said margin of County Road 159 with the northwestern margin of County Road 131; thence continuing along the said margin of County Road 131 south 38 degrees 31 minutes 48 seconds west a distance of 252.83 feet to a point; thence along the arc of a curve formed by the western margin of County Road 131, also known as Cedar Grove Road, to a point where said margin of County Road 131 intersects with the center line of Little Red Bluff Creek a chord line distance and direction being south 0 degrees 45 minutes 30 seconds east a chord line distance of 944.34 feet to said point; thence running along the center line of Little Red Bluff Creek in a northerly direction to the intersection of Little Red BluffCreek with the Old City Limits; thence running along the arc ofthe Old City Limits in a northwesterly direction to the intersection of said City Limits with State Route 46, also known as the Eastman Road; thence running along the Eastman Road in a northeasterly direction to the intersection of the Eastman Road with West Outlaw Avenue; thence running in a northwesterly direction along West Outlaw Avenue to the intersection of West Outlaw Avenue with New Street; thence running along New Street in a northeasterly direction to the intersection of New Street with Barwick Avenue; thence running along Barwick Avenue in a southeasterly direction to the intersection ofBarwick Avenue with the Eastman Road; thence running along the Eastman Road in a northeasterly direction to the intersection of the Eastman Road with West Mississippi Avenue and the point of beginning. DISTRICT 3: Beginning at the intersection of Georgia Avenue with the Eastman Road, also known as Georgia State Route 46; thence run along the Eastman Road in a northeasterly direction to the intersection of the Eastman Road with the railroad tracks; thence running along the railroad tracks in a northwesterly direction to the intersection of the railroad tracks with Smith Street; thence running along Smith Street in a northeasterly direction to the intersection ofSmith Street with West Louisiana Avenue; thence running along West Louisiana Avenue in a southeasterly direction to the intersection ofWest Louisiana Avenue with Martin Luther King Drive; thence running along Martin Luther King Drive in a northeasterly direction to the intersection of Martin Luther King Drive with Texas Street; thence running along in a southeasterly direction to the intersection of Texas Street with North Second Street; thence running along North Second Street in a southwesterly direction to the intersection ofNorth Second Street with East Louisiana Avenue; thence running along East Louisiana Avenue in a southeasterly direction to the intersection of East Louisiana Avenue with Third Street; thence running along

3872 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Third Street in a northeasterly direction to the intersection of Third Street with the center line of Tiger Creek; thence running along the center line of Tiger Creek in a southeasterly direction to the intersection of Tiger Creek and an extension of Varnedo Street; thence running along Varnedo Street in a southwesterly direction to the intersection of Varnedo Street with Railroad Avenue; thence running along Railroad Avenue in a northwesterly direction to the intersection ofRailroad Avenue with South College Street; thence running along South College Street in a southwesterly direction to the intersection of South College Street with Bell Avenue; thence running along Bell Avenue in a southeasterly direction to the intersection of Bell Avenue with Edwin Street; thence running along Edwin Street in a southwesterly direction to the intersection ofEdwin Street with Florida Avenue; thence running along Florida Avenue in a southerly direction to the intersection of the western margin of Florida Avenue with the Old City Limits; thence running south 03 degrees 47 minutes 42 seconds west a distance of 203.16 feet to an iron pin; thence south 84 degrees 14 minutes 16 seconds west a distance of277.01 feet to an iron pin; thence continuing along said line south 84 degrees 14 minutes 16 seconds west a distance of 1,087.34 feet to an iron pin; thence north 04 degrees 09 minutes 10 seconds west a distance of 106.04 feet to an iron pin; thence run south 85 degrees 50 minutes 50 seconds west a distance of 150.00 feet to an iron pin situated on the margin of U. S. Highway 221 as said highway runs south from the City of Soperton; thence along the eastern margin of U. S. Highway 221 in a northerly direction a distance of 440.18 feet to a point formed by the intersection of the existing City Limits of the City of Soperton with the easterly margin of said highway; thence along the arc formed by the Old City Limits in a northwesterly direction to the intersection ofThe Old City Limits with Fowler Street; thence along Fowler Street in a northeasterly direction to the intersection of Fowler Street with Jim Ricks Drive; thence along Jim Ricks Drive in a northeasterly direction to the intersection of Jim Ricks Drive with Sessions Road; thence along Session Road I a northerly direction to the intersection of Sessions Road with the Mount Vernon Road, also known as U. S. Highway 221; thence along the Mount Vernon Road in a northerly direction to the intersection of the Mount Vernon Road with Florida Street; thence along Florida Street in a northwesterly direction to the intersection of Florida Street with Martin Luther King Drive; thence along Martin Luther King Drive in a northeasterly direction to the intersection with West Georgia Avenue; thence along West Georgia Avenue in a northwesterly direction to the intersection of West Georgia Avenue with the Eastman Road, also known as State Route 46, and the point of beginning. DISTRICT 4: Beginning at the intersection ofWest Georgia Avenue with the Eastman Road, also known as State Route 46, run in northwesterly direction along West Georgia Avenue to the intersection of West Georgia Avenue with Manning Street; thence in a southwesterly direction along Manning Street.to the intersection ofManning Street with West Mississippi Avenue; thence along

GEORGIA LAWS 2004 SESSION

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West Mississippi Avenue in a northwesterly direction to the intersection of West Mississippi Avenue with Carter Street; thence along Carter Street in a northeasterly direction to the intersection of Carter Street with West Georgia Avenue; thence along West Georgia Avenue in a southeasterly direction to the intersection ofWest Georgia Avenue with Twiggs Street; thence along Twiggs Street in a northeasterly direction to the intersection of Twiggs Street with Womack Avenue; thence along Womack Avenue in a northwesterly direction to the intersection of Womack Avenue with Evans Street; thence along Evans Street in a northeasterly direction to the intersection of Evans Street with West Louisiana Avenue; thence along West Louisiana Avenue in a northwesterly direction to the intersection of West Louisiana with the City Limits; thence along the arc formed by the City Limits of The City of Soperton in an easterly direction to a point formed by the intersection of the City Limits of The City of Soperton with U. S. Highway 221, also known as the Swainsboro Highway; thence along the Swainsboro Highway in a southwesterly direction to the intersection of the Swainsboro Highway with Second Street; thence along Second Street in a southwesterly direction to the intersection of Second Street with the center line of Tiger Creek; thence along the center line ofTiger Creek in a southeasterly direction to the intersection of this center line ofTiger Creek with Third Street; thence along Third Street in a southwesterly direction to the intersection of Third Street with East Louisiana Avenue; thence along East Louisiana Avenue in a northwesterly direction to the intersection of East Louisiana Avenue with Second Street; thence along Second Street in a northeasterly direction to the intersection of Second Street with Texas Street; thence along Texas Street in a northwesterly direction to the intersection of Texas Street with Martin Luther King Drive; thence along Martin Luther King Drive in a southwesterly direction to the intersection of Martin Luther King Drive with West Louisiana Avenue; thence along West Louisiana Avenue in a northwesterly direction to the intersection of West Louisiana Avenue with Smith Street; thence along Smith Street in a southwesterly direction to the intersection of Smith Street with the railroad track; thence along the railroad track in a southeasterly direction to the intersection of the railroad track with the Eastman Road; also known as State Route 46; thence along the Eastman Road in a southwesterly direction to the intersection of the Eastman Road with West Georgia Avenue and the point of beginning. DISTRICT 5: Beginning at the intersection of North Second Street with the center line of Tiger Creek; thence run along the center of Tiger Creek in a southeasterly direction to the intersection of the extension of Varnedo Street with the center line of Tiger Creek; thence along Vamedo Street in a southwesterly direction to the intersection of Vamedo Street with Railroad Avenue; thence in a northwesterly direction along Railroad Avenue to the intersection of Railroad Avenue with College Street; thence along College Street in a southwesterly direction to the intersection of College Street with Bell Avenue; thence along Bell Avenue in a southeasterly direction to the

3874 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
intersection of Bell Avenue with Edwin Street; thence along Edwin Street in a southwesterly direction to the intersection of Edwin with Florida Avenue; thence along Florida Avenue in a southerly direction to the intersection of Florida Avenue with the Old City Limits ofThe City ofSoperton; thence south 55 degrees 00 minutes 30 seconds east a distance of218.65 feet to an iron pin; thence north 07 degrees 40 minutes 28 seconds east a distance of 361.68 feet to an iron pin; thence north 70 degrees 29 minutes 22 seconds west a distance of90.0 feet to an iron pin; thence north 17 degrees 46 minutes 43 seconds east a distance of 155.80 feet to an iron pin; thence south 68 degrees 22 minutes 54 seconds east a distance of 36.24 feet to an iron pin situated on the southern margin ofWood1and Drive; thence continuing along said margin ofWoodland Drive south 61 degrees 22 minutes 48 seconds east a distance of 82.32 feet to an iron pin; thence continuing along said margin of Woodland Drive south 61 degrees 08 minutes 22 seconds east a distance of 297.47 feet to an iron pin; thence south 27 degrees 43 minutes 12 seconds west a distance of 138.66 feet to an iron pin; thence south 63 degrees 06 minutes 33 seconds east a distance of 379.22 feet to an iron pin; thence north 37 degrees 15 minutes 07 seconds east a distance of 129.42 feet to an iron pin situated on the southern margin of Woodland Drive; thence along the curve of the southern margin ofWoodland Drive to an iron pin, the straight line distance and direction being south 84 degrees 52 minutes 40 seconds east a distance of 229.95 feet to an iron pin; thence south 26 degrees 38 minutes 59 seconds east a distance of 165.03 feet to an iron pin; thence north 46 degrees 27 minutes 50 seconds east a distance of 634.61 feet to an iron pin; thence north 16 degrees 27 minutes 52 seconds west a distance of 168.41 feet to an iron pin; thence north 70 degrees 44 minutes 06 seconds east a distance of764.57 feet to an iron pin situated on the western margin of Georgia Highway 29 as said Georgia Highway 29 runs southeast from the center of The City of Soperton; from the intersection of Highway 29, also known as State Route 15; thence along the arc formed by the Old City Limits of The City of Soperton in a northeasterly direction to the intersection of the Old City Limits with the Metter Road, also known as State Route 46; from the point formed by the intersection of the now existing City Limits of the City of Soperton with the northern margin of Georgia Highway 46 as said highway runs in a easterly direction from the center ofthe City ofSoperton; from said point thence run in an easterly direction along said margin of Georgia Highway 46 a distance of 371.77 feet to an iron pin; thence north 03 degrees 22 minutes 00 seconds west a distance of21 0.0 feet to an iroD pin; thence north 86 degrees 38 minutes 00 seconds east a distance of 208.80 feet to an iron pin; thence south 03 degrees 22 minutes 00 seconds east a distance of 210.0 feet to an iron pin situated on the northern margin ~f Georgia Highway 46; thence continuing along said margin of Geor8{ Highway 46 north 86 degrees 38 minutes 00 seconds east a distance 0 1,339.16 feet to a point; thence continuing along the arc of a curve fonned.b~ the said northern margin of Georgia Highway 46 to a point, said curve ha~

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a chord line direction of south 81 degrees 34 minutes 00 seconds east and a chord line distance of 1,707.99 feet to said point; thence south 69 degrees 46 minutes 00 seconds east a distance of346.42 feet to an iron pin situated at the intersection of the northern margin of Georgia Highway 46 with the western margin of Airport Road, also known as County Road 143; from said iron pin thence run along said margin of Airport Road north 21 degrees 30 minutes 09 seconds west a distance of 963.06 feet to an iron pin; thence north 20 degrees 32 minutes 13 seconds west a distance of 576.70 feet to an iron pin; thence north 12 degrees 51 minutes 06 seconds west a distance of 780.22 feet to an iron pin; thence north 14 degrees 35 minutes 26 seconds west a distance of 1,020.59 feet to an iron pin situated at the intersection of said margin ofAirport Road with the southeasterly margin ofGeorgia Highway 56; thence along said margin of Georgia Highway 56 south 55 degrees 26 minutes 46 seconds west a distance of 60.15 feet to a point; thence continuing along said margin of Georgia Highway 56 forming the arc of a curve to a point of said curve having chord line direction of south 59 degrees 42 minutes 36 seconds west in a chord line distance of 749.99 feet to said point; thence continuing along said margin of Georgia Highway 56 south 63 degrees 58 minutes 26 seconds west a distance of772.60 feet to an iron pin; thence south 34 degrees 31 minutes 01 seconds east a distance of 734.52 feet to an iron pin; thence north 82 degrees 00 minutes 00 seconds west a distance of 132.0 feet to an iron pin; thence south 36 degrees 30 minutes 00 seconds west a distance of 924.0 feet to an iron pin; thence north 32 degrees 30 minutes 00 seconds west a distance of 414.48 feet to an iron pin; thence south 80 degrees 12 minutes 48 seconds west a distance of269 .0 1feet to an iron pin; thence south 68 degrees 30 minutes 00 seconds west a distance of233.80 feet to an iron pin; thence north 88 degrees 23 minutes 00 seconds west a distance of 112.93 feet to an iron pin; thence south 85 degrees 14 minutes 00 seconds west a distance of 123.14 feet to an iron pin; thence south 79 degrees 07 minutes 00 seconds west a distance of 185.52 feet to an iron pin; thence south 08 degrees 06 minutes 00 seconds east a distance of 395.05 feet to an iron pin; thence north 64 degrees 08 minutes 00 seconds west a distance of 797.0 feet to a point formed by the intersection of said line with the existing City Limits ofthe City ofSoperton; thence run along the arc formed by the Old City Limits in a northwesterly direction to the intersection of The Old City Limits with U. S. Highway 221, also known as the Swainsboro Highway; thence along the Swainsboro Highway in a southwesterly direction to the intersection of the Swainsboro Highway with Second Street; thence along Second Street in a southwesterly direction to the intersection of Second Street with the center line of Tiger Creek and the point of beginning. (b) The Council Posts 1, 2, 3, 4, and 5, as they exist on December 31,2003, shall be re-designated as Council Districts 1, 2, 3, 4, and 5, respectively, and as newly described under this Act, and on and after January 1, 2005, such members of the council serving from those former districts shall be deemed to be serving from

3876 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and representing their respective council districts as newly described under this Act."
SECTION3. It shall be the duty ofthe attorney ofthe governing authority ofthe City ofSoperton to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 4. This Act shall become effective January I, 2005.
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 2004 Session of the General Assembly ofGeorgia a bill to amend an act providing for the Charter ofthe City of Soperton, approved March 14, 1984 (Ga. L. 1984, pg. 4212), as amended, so as to annex certain lands into the City ofSoperton and to redraw the district lines for each single member City Council district; to provide for a certain submission; to provide an effective date; to appeal conflicting laws; and for other purposes.
This 5th day of March, 2004.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh M. Gillis, Sr., who on oath deposes and says that he is the Senator from District 20 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Soperton News which is the official organ of Treutlen County on March I0, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ HUGH M. GILLIS, SR. Hugh M. Gillis, Sr. Senator, District 20
Sworn to and subscribed before me, this 15th day ofMarch, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

GEORGIA LAWS 2004 SESSION
MY Commission Expires Nov. 18, 2005
(SEAL) Approved May 17, 2004.

3877

CITY OF OMEGA- NEW CHARTER.
No. 679 (House Bill No. 1353).
AN ACT
To provide a new charter for the City of Omega; 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 vice mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city finance director, a city accountant, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court s jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property; 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 council districts; 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:

3878 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
The City of Omega, in Tift County, Georgia, is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name and style Omega, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The corporate boundaries of this city shall be as described and set forth in Appendix A attached to this charter. (b) The city council may provide for changes in Appendix A by ordinance to reflect lawful changes in the corporate boundaries.
SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed a& limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
( 1) Air and water pollution. To regulate the emission of smoke or other exhaus~ which pollutes the air and to prevent the pollution of natural streams or bodies of water within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large ofanimals and fowl and to provide for the impoundment ofsame if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for ~y purposes authorized by this charter and for any purpose for which a municipallt)' is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city;

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(4) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (5) Business regulation and taxation. To levy and to provide for collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Eminent domain. 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; (10) Fire regulations. To fix and establish fire districts and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (12) 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;

3880 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; ( 14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares or 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; (16) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; ( 17) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (18) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose ofraising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; ( 19) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (20) Municipal property protection. To provide for the preservation and protection 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; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to ftx the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension ofwater, sewerage, and electrical distribution systems, and all necessary appurtenances by which such utilities are distributed, inside and outside the corporate limits of the city, and to provide utility services to persons, firms, and corporations inside the corporate limits of the city as provided by ordinance; (22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property;

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(23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning, and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (26) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks 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; (28) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish or change 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 negotiate and execute easements over, through, under, or across any city property

3882 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and 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; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system 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 ofthe 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; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors or 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 conductofpeddlers 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; (37) Special assessments. To levy and provide for the collection of specia assessments to cover the costs for any public improvements; (38) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;

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(41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to execute all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.13. Exercise of powers.

All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. Ifthis 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.

(a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. However, until such election is held, the city council established in this charter shall in all respects be successor to and continuation of the city governing authority under prior law. (b) For the purposes of electing members of the city council, the city shall be divided into five council districts. Those districts shall consist of the corporate boundaries of the City of Omega as contained in the description attached to this charter as Appendix A and made a part hereof.

3884 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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:
( 1) That person has attained 21 years of age; (2) That person has been a city resident for 12 months immediately preceding the date of taking office; and (3) That person is a registered voter in the city as ofthe date of qualifications for election to the particular position.
SECTION 2.12. Vacancy; filling of vacancies; suspensions.
(a) Vacancies- The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, 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 ofmayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) Suspension - Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Conflict of interest- No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
( 1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge ofthat person's official duties or which would tend to impair the independence ofthat 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

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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 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 (b) Disclosure - Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city counciL The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and 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 private fmancial 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 city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Contracts voidable and rescindable- Any violation ofthis section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (e) Ineligibility of elected official - Except where authorized by law, no councilmember nor the mayor shall hold any other elective or compensated appointive office in the city or otherwise be employed by the government or any agency thereof during the term for which that person was elected. (f) Political activities of certain officers and employees- No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office.

3886 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(g) Penalties for violation - Any city officer or employee who: (1) Knowingly conceals such financial interest; or (2) 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. Any officer or employee of the city who shall forfeit that person's office or position as described in paragraph (l) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.15. Inquiries and investigations.

The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.
SECTION 2.16. General power and authority of the city council.

Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter.

SECTION 2.17. Organizational meetings.
The city council shall hold an organizational meeting on the first Tuesday in January of2005. The meeting shall be called to order by the city attorney and the oath of office shall be administered to the newly elected members as follows: "I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America."

SECTION 2.18. Meetings.

(a) The city council shall hold regular meetings at such times and places as

prescribed by ordinance.



(b) Special meetings of the city council may be held on call of the mayor or foUl'

members of the city council. Notice of such special meeting shall be served on all

other members personally, or by telephone personally, at least 48 hours in advanCO

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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 councilmembers 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 given as required by law.

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 of a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

SECTION 2.20. Quorum; voting.

(a} Four councilmembers or three councilmembers and the mayor shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) The mayor, or in his or her absence the vice mayor, shall not be entitled to vote on any question except to break a tie. (c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.

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 "The City Council of Omega hereby ordains..." and every ordinance shall so begin.

3888 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and each councilmember and shall file a reasonable number ofcopies in the office ofthe clerk and at such other public places as the city council may designate.
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.
To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and 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 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 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 an emergency ordinance.
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:

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(l) 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 ofeach adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.25 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.

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 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 Omega, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies ofthe city and made available for purchase by the public at a reasonable price as fixed by the city manager. (c) The city council shall cause each ordinance and each amendment to this charter to be printed as soon as practicable 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 manager. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.26. Selection of vice mayor.

By a majority vote of all its members, the city council shall elect a councilmember to serve as vice mayor who shall serve a term of one year. The vice mayor shall be elected at the first regular meeting in each year. The vice mayor shall continue to vote and otherwise participate as a councilmember except when assuming the duties of the mayor.

3890 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.27. 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 appoint all city council committees; (4) Have the power to administer oaths and to take affidavits; and (5) Sign as a matter of course on behalf of the city all written and approved ordinances and resolutions.
SECTION 2.28. Vice mayor.
During the absence or disability of the mayor for any cause, the vice mayor of the city council, or in such person's absence or disability for any reason, any one ofthe councilmembers chosen by a majority vote ofthe city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions ofemployment, departments, and agencies ofthe city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors 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 the budget resolution or ordinance establishing position classifications and pay plans. (d) There shall be a director or department head of each department or agency who shall be its principal officer. Each director or department head shall, subject to the direction and supervision of the city council, be responsible for the administration and direction of the affairs and operations of that director s or department head's department or agency.

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(e) The city council may appoint, suspend, or remove all nonelected officers and employees of the city except the city attorney and city auditor and may consolidate or combine offices, positions, departments, or units of the city. The city council may conduct such inquiries into the operation of the city government and the conduct of the affairs of the city as it may deem necessary.

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 terins of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or 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. The city council may also by ordinance provide for liability coverage for all members of any board, commission, or authority while such members are conducting official business of the city. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office. Such oath shall be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a majority vote of the members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.

3892 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council and other officers and employees of the city concerning legal aspects of the city's affairs; shall administer the oath of office to each member ofthe city council, including the mayor; and shall draft or review every ordinance submitted to the city council and, as a matter of course, shall sign each such ordinance indicating such drafting or review; and shall perform such other duties as may be required of the city attorney by virtue of such person's position as city attorney.
SECTION 3.13. City clerk.
The city council shall appoint a city clerk who shall: (1) Be responsible for keeping and preserving the city seal and all records of the city council; (2) Attend all meetings of the city council and keep minutes of the proceedings at such meetings; and (3) Perform such other duties as may be required by the city council.
SECTION 3.14. City finance director.
The city council may appoint a finance director to collect all taxes, license fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment oftaxes by the city. The finance director shall also be responsible for the general duties of a treasurer and fiscal officer.
SECTION 3.15. City auditor.
The city council shall appoint a city auditor to perform the duties of an accountant

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SECTION 3.16. Position classification and pay plans.

The city council shall be responsible for the preparation of a position classification and pay plan. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, elected and appointed city officials are not city employees. The city attorney and city auditor shall receive such compensation as provided by the authority which appoints them to their respective offices.

SECTION 3.17. Personnel policies.

The city council shall be responsible for the preparation of personnel policies. Personnel policies shall be adopted consistent with this charter concerning:
(I) The method of employee selection and probationary periods ofemployment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.

ARTICLE IV JUDICIAL BRANCH

SECTION 4.10. Creation; name.

There shall be a court to be known as the Municipal Court of the City of Omega.

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 deemed necessary or desirable by the city council. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council.

3894 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Compensation of the judges shall be fixed by budget resolution. (d) Before assuming office, each judge shall take an oath, given by the city attorney, that such judge will honestly and faithfully discharge the duties of the judge's office to the best ofthe judge s ability and without fear, favor, or partiality. The oath shall be entered in 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 necessary and prudent.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $1,000.00 or six months in jail, or by one or both or any part thereof, in the discretion of the judge of the municipal court. (c) The municipal court may fix punishment for any violation of an ordinance within its jurisdiction by a fine not to exceed $1,000.00; by imprisonment not to exceed 12 months; by work on work gangs on the streets of the city or on such public works as the work gang may be employed upon, not to exceed six months; or by any one or more of these punishments in the discretion of the judge of the municipal court. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operations and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking 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 such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance ofpersons charged with violations. Whenever any person shall give
bail for that person s appearance and shall fail to appear at the time fixed for trial,
that person s bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu ofbond for security for the appearance ofa defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order ofthe judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien .

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shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served and executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

SECTION 4.14. Certiorari.

The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Tift County under the laws of the State ofGeorgia regulating the granting and issuance of writs of certiorari.

SECTION 4.15. Rules for court.

With the approval of the city council, and where appropriate by ordinance, 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.

ARTICLE V ELECTIONS AND REMOVAL

SECTION 5.10. Applicability of general law.

All primaries and elections shall be held and conducted in accordance with O.C.G.A. 21-2-1 et seq., the "Georgia Election Code," as now or hereafter amended.

3896 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5.11. Election of the city council and mayor.
(a) There shall be a municipal general election biennially on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and one councilmember at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created as provided for in the initial election held pursuant to Section 7.12 of this charter. Persons elected to such offices shall take office and begin their terms of office on the first day of January immediately following their election.
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designation.
SECTION 5.13. Election by majority vote.
The mayor and city council shall be elected by a majority vote of the votes cast for each position.
SECTION 5.14. Vacancies.
In the event that the office ofmayor or councilmember shall become vacant for any cause whatsoever, the remaining members shall immediately proceed by election to fill the vacancy, and any officer so elected by the remaining members of council
shall fill the unexpired term of the officer or officers in whose place he or she was
elected, in the same manner and under the same restrictions and responsibilities as though he or she had been elected at a general election.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties underO.C.G.A. 21-2-1 et seq., the "Georgia Election Code."

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SECTION 5.16. Removal of officers.

(a) The mayor, vice mayor, or any other councilmember shall forfeit his or her office if he or she:
( 1) Lacks at any time during his or her term of office any qualification of the office as prescribed by this charter or the laws of the State of Georgia; (2) Willfully and knowingly violates any expressed prohibitions of this charter; or (3) Is convicted of a felony. (b) A vacancy in the office of mayor, vice mayor, or any other councilmember shall be filled for the remainder of the unexpired term, if any, as provided in Section 5.14 of this charter.

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 voluntary payment of taxes prior to the time when due.

SECTION 6.12. Occupation and business taxes.

The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling in this city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council

3898 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. Licenses; permits; fees.
The city council by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling in this city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
SECTION 6.14. Franchises.
The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, 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 of35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

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SECTION 6.16. Special assessments.

The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. Ifunpaid, such charges shall be collected as provided in Section 6.18 ofthis charter.

SECTION 6.17. Construction; other taxes.

This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.

SECTION 6.18. Collection of delinquent taxes and fees.

The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution offi.fas.; creation and priority ofliens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

SECTION 6.19. General obligation bonds.

The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time such issue is undertaken.

SECTION 6.20. Revenue bonds.

Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.

3900 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.23. Budget resolution.
The city council shall provide a resolution on the procedures and requirements for the preparation and execution ofan annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall also comply with the budgeting and auditing provisions of Chapter 81 ofTitle 36 of the O.C.G.A.
SECTION 6.24. Operating budget.
On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the city council shall review a proposed operating budget for the ensuing fiscal year.
SECTION 6.25. Adoption.
(a) The budget as finally amended and adopted must provide for all expenditureS required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council shall by ordinance adopt the final operating budget for the ensuing fiscal year not later than January of each year. If the city council falls to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by

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organizational unit, purpose, or activity as set out in the budget preparation resolution adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.

SECTION 6.26. Levy of taxes.

Following adoption ofthe operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.

SECTION 6.27. Changes in appropriations.

The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unexpended surplus.

SECTION 6.28. Audits.

There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this section. Copies of all audit reports shall be available at printing costs to the public.

SECTION 6.29. Procurement and property management.

No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn 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

3902 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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.
SECTION 6.30. Purchasing.
The city council shall by ordinance prescribe procedures for a system ofcentralized purchasing for the city.
SECTION 6.31. Sale of property.
(a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon 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 public place of the city a small parcel or tract ofland is cut off or separated by such work from a larger tract or boundary ofland owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.

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SECTION 7.11. Existing ordinances, resolutions, rules, and regulations.

Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for two years from the effective date of this charter. During such two-year period, the city council shall review all such provisions and shall readopt, repeal, or amend each, so that a codification as provided by subsection (b) of Section 2.25 ofthis charter is accomplished.

SECTION 7.12. First election under this charter; existing personnel and officers.

(a) In order to establish continuity, those elected officials serving as mayor and councilmembers at the time of the effective date of this charter shall continue to serve for the balance of their current terms. (b) Except as specifically provided otherwise by this charter, all personnel and officers of this city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which time the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

SECTION 7.13. Pending matters.

Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.

SECTION 7.14. Definitions and construction.

(a) Section captions in this charter are informative only and 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.

3904 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.15. Specific repealer.
An Act entitled "An Act to provide a new charter for the Town of Omega," approved July 30, 1912 (Ga. L. 1912, p. 1178}, and all amendatory Acts thereto are repealed.
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.
APPENDIX II A"
All that land lying and being in the Sixth Land District ofTift County, Georgia, and being described as all that property located within the current outer boundaries of the City of Omega which 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 current outer boundaries of the City of Omega, at all times, shall be shown on a map to be retained permanently in the office ofthe city clerk and to be designated: "City of Omega." Alterations in these outer boundaries shall be indicated by appropriate entries upon or additions to such map. Such entries or additions shall be made by and under the direction of the city council. Photographic, typed, or other copies ofsuch map certified by the city clerk shall be admitted in evidence in all courts and shall have the same force and effect as the original map.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the Regular 2004 Session of the General Assembly of Georgia a bill to provide a new charter for the City ofOmega; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, tertnS; 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

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ordinances and codes; to provide for a mayor and vice mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for . a city attorney, a city clerk, a city finance director, a city accountant, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certorari; 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, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property; 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 council districts; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Austin Scott, who on oath deposes and says that he is the Representative from District 138 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Tifton Gazette which is the official organ of Tift County on January 10, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ AUSTIN SCOTT Austin Scott Representative, District 13 8

Sworn to and subscribed before me, this 3rd day of February, 2004.

sf DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)

Approved May 17, 2004.

3906 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NICHOLSON WATER AUTHORITY- APPOINTMENT AND COMPENSATION OF MEMBERS.
No. 680 (House Bill No. 1571).
AN ACT
To amend an Act creating the Nicholson Water Authority, approved April 7, 1972 (Ga. L. 1972, p. 3964), so as to amend certain provisions relating to the appointment and compensation of members of the authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Nicholson Water Authority, approved April 7, 1972 (Ga. L. 1972, p. 3964), is amended by striking Section 2 thereof in its entirety and inserting in its place a new Section 2 to read as follows:
sECTION 2. Nicholson Water Authority.
(a) There is hereby created a body corporate and politic, to be known as the Nicholson Water Authority, which shall include all that area within a four-mile distance from intersection ofGeorgia Highway 335 and U. S. Highway 441, both North and South, and a distance of two miles both East and West of said U. S. Highway 441 beginning four miles south of the intersection of Georgia Highway 335 and U.S. Highway441 and running along said U.S. Highway441 to a point four miles North of the intersection ofGeorgia Highway 335 and U.S. Highway 441, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may
contract and be contracted with, sue and be sued, implead and be impleaded, and
complain and defend in all courts oflaw and equity. The authority shall consist of five members, all of whom shall be residents of the system served, and shall at the time of appointment be users of the facilities of the authority. Each member shall serve for a term of five years, and terms shall continue to ~ staggered so that the term of one member shall expire each year. The memberS ofthe authority in office as of January 1, 2004, shall serve the remainder oftheir. respective terms. At the expiration ofthose terms, the City of Nicholson shall appoint a board member in odd-numbered years and the authority shall appoint a board member in even-numbered years to replace the member whose term baS expired that year. Notwithstanding any other provision herein, all members of the authority shall serve until their successors are appointed and qualified. (b) Immediately after their appointment, the members of the authority shall enter upon their duties. They shall elect one of their number as chairperson, another

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as vice chairperson, and may also elect a secretary and treasurer, who need not necessarily be members of the authority. The chairperson, vice chairperson, secretary, and treasurer shall serve for periods of one year and until their successors are appointed and qualified. Three members of the authority shall constitute a quorum. (c) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the remaining members of the authority, by majority vote, shall appoint a person meeting the qualifications above set out for membership to serve until the time when such vacancy shall be filled by appointment by the City of Nicholson in odd-numbered years or the authority in even-numbered years. (d) 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 chairperson of the authority shall not be entitled to vote upon any issue, motion, or resolution, except in the case ofa tie vote of the other members voting on said issue, motion, or resolution. (f) The members of the authority shall be reimbursed for their actual expenses necessarily incurred in the performance oftheir duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Nicholson Water Authority
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to change the method of appointment of members of the Nicholson Water Authority; 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 February 4, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHRIS ELROD Chris Elrod Representative, District 25

3908 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 19th day of February, 2004.
sf DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17,2004.
CITY OF DILLARD- CORPORATE LIMITS.
No. 681 (House Bill No. 1572).
AN ACT
To amend an Act reincorporating the City of Dillard, approved March 21, 1974 (Ga. L. 1974, p. 2451 ), as amended, so as to change and extend the corporate limits of the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. An Act reincorporating the City ofDillard, approved March 21, 1974 (Ga. L. 1974, p. 2451), as amended, is amended by adding a new section immediately following Section 1.02 to be designated Section 1.02A to read as follows:
'SECTION 1.02A. (a) In addition to the present territory included within the corporate limits ofsaid city, the corporate limits shall specifically include the following described roads; streets, and rights of way, all of which are located in Rabun County, Georgia:
(1) State Highway 246 - All that tract or parcel of land lying and being in Rabun County, Georgia, and being more particularly described as follows: BEGINNING at the intersection ofState Highway 246 and U.S. Highway441, thence continuing in an easterly direction to the North Carolina state line, which lies southwest of Chastain Road, containing all of the property within the right of way of State Highway 246 as described herein; and (2) Franklin Street - All that tract or parcel ofland lying and being in Rabun County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Franklin Street and the corporate limits of the City of Dillard and thence continuing in a southeasterly direction to the

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intersection ofFranklin Street and Kelly's Creek Road and containing all ofthe property within the right of way of Franklin Street as described herein. (b) All references to roads, streets, highways, drives, circles, and other references to public rights of way in subsection (a) of this section specifically include the current width of said public road, street, highway, drive, circle, or other right of way and specifically include the entire right of way. (c) All references to roads, streets, highways, drives, circles, and other references to public rights of way in subsections (a) and (b) of this section specifically include those roads, streets, highways, drives, circles, and other public rights of way as the same currently exist in the City of Dillard and Rabun County, Georgia, and as the same are a part ofthe City of Dillard public street system, the public street and road system of Rabun County, Georgia, the public highways of the State of Georgia and the United States, and any other street or road which has been designated in subsections (a) and (b) of this section and which has been dedicated to public purposes:

SECTION2. All laws and parts of laws in 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 2004 Session of the General Assembly of the State of Georgia a bill to extend and change the boundaries of the City of Dillard, Georgia, by annexation of certain public streets, roads, and rights of way; to repeal conflicting provisions; and for other purposes. This 20th day of January, 2004. Is/ William Robinson, Mayor, City of Dillard.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths; Charles F. Jenkins, 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 which is the official organ of Rabun County on January 29, 2004, and that the notice requirements of Code Section 28-l-14 have been met
s/ CHARLES F. JENKINS Charles F. Jenkins Representative, District 8

3910 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 13th day of February, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2005 (SEAL)
Approved May 17,2004.
CITY OF ROCKMART- NEW CHARTER.
No. 682 (House Bill No. 1569).
AN ACT
To provide a new charter for the City of Rockmart; 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 fot
a city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and
responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to: provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right ofcertiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide fot franchises, service charges, and assessments; to provide for collections; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgetin81 and appropriations; to provide for city contracts and purchasing; to provide for~ 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, construction, and severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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ARTICLE I CHARTER, CITY LIMITS, AND CORPORATE POWERS

SECTION 1.01. Name and incorporation.

This city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style of the City of Rockmart, Georgia, and by that name shall have perpetual succession.

SECTION 1.02. Corporate limits.

(a} The boundaries of the City of Rockmart shall be those as 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, written description, or any combination thereof, to be retained permanently in the office of the city manager, and to be designated, as the case may be: "Official Map of the Corporate Limits of the City of Rockmart, Georgia." Photographic, typewritten, 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. (b) The mayor and city council may provide for the redrawing of any such map by ordinance to reflect lawful annexations or other changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. (c) The present boundaries of the city, or any portion lawfully annexed hereafter, are a part of the appendix to this charter and incorporated as the boundaries of Rockmart, by reference.

SECTION 1.03. Powers and construction.

(a) The City of Rockmart 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 said powers were specifically enumerated in this charter. The city shall have all powers of self-government not otherwise prohibited by this charter or by general state law. (b) The powers of this city shall be construed liberally in favor of the city. The specific inclusion or omission of particular powers shall not be construed as extending or limiting the powers of the city in any way.

3912 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1.04. Examples of power.
(a) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (b) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure or borrowing of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (c) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; to regulate all housing and building trades; and to establish minimum standards for and regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety ofthe inhabitants of the city, and to provide for the enforcement of such standards; (d) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (e) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any public 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 to the extent permitted by this charter and the general laws of this state; (g) Economic development. To levy taxes, make appropriations, provide incentive. plans, conduct industrial recruitment, and take other actions necessary to promote or advertise the city and its advantages and resources so as to bring new capital commercial, and other manufacturing enterprises into the city and create neW employment opportunities for its residents;
(h) 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;

GEORGIA LAWS 2004 SESSION

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(i) 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 ofsolid and hazardous waste, and other necessary actions for the protection of the environment; (j) 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; (k) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal fees, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation ofthe city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services, with said fees, if unpaid, to constitute a lien against any property or persons served and enforceable in the same manner as a lien for unpaid property taxes; (1) 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; (m) 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; (n) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (o) Hospitals. To levy taxes, collect fees and other revenue, make appropriations, and make payment from the general revenues and funds of the city for the support of public hospitals; (p) 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; (q) Libraries. To levy taxes, collect fees and other revenue, make appropriations, and make payment from the general revenues and funds of the city for the support ofpublic libraries; (r) 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; (s) 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;

3914 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(t) 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 governing bond issues by municipalities in effect at the time said issue is undertaken; (u) 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; (v) 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; (w) 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, fiber optic networks, 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. Any such fees, if unpaid, will constitute a lien against the person or property served and enforceable in the same manner as a lien for unpaid property taxes; (x) Nuisance. To define a nuisance and provide for its abatement, whether on public or private property, in the Municipal Court of Rockmart as outlined both by ordinance and by general state law; (y) 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; (z) Personnel. To provide such system of personnel administration, employment matters, or similar rules and regulations as the city manager as chief personnel officer and the mayor and city council should determine; (aa) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as thecity council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (bb) 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; (cc) 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; (dd) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreatio~ facilities, cemeteries, markets and market houses, public buildings, libraries, pubhc housing, airports, hospitals, terminals, docks, parking facilities, or charitable; cultural, educational, recreational, conservation, athletic, curative, corrective,: detentional, penal, and medical institutions, agencies, and facilities; and to provide

GEORGIA LAWS 2004 SESSION

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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; (ee) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (ft) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (gg) 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; (hh) Regulation ofroadside areas. To prohibit or regulate and control the erection, removal, and maintenance ofsigns, 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 ofsuch ordinances; (ii) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (jj) Roadways. To name, rename, lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use 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; (kk) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquisition, construction, equipment, operation, maintenance, and extension 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. Any such fees, if unpaid, will constitute a lien against the person or property served and shall be enforceable in the same manner as a lien for unpaid property taxes; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (11) 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 should the city acquire facilities or eql!ipment, or both, for this purpose;

3916 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(mm) Special areas ofpublic regulation. To regulate orprohibitjunkdealers, pawn shops, the manufacture, sale, or transportation of alcoholic beverages, and the sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; 'to regulate and control the conduct of peddler~ 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; (nn) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (oo) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (pp) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (qq) Vehicles for hire. 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; and (rr) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare ofthe city and its inhabitants; and to exercise all implied powers necessary or desirable tb carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the constitution or applicable laws of the State of Georgia.
SECTION 1.05. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the City of Rockmart. and its officers, agencies, or employees shall be carried into execution as provided by this charter. If this cha1ler makes no provision, such powers shail be carried inro execution as provided by ordinance or general laws of the State of Georgia.

GEORGIA LAWS 2004 SESSION

3917

SECTION 1.06. Regulation and control of public streets,
alleys, and ways; closing; costs.

(a) In the event that the City of Rockmart receives a petition or written request [rom all adjoining property owners that any street, lane, alley, avenue, road, or sidewalk, or any part of the same, is no longer needed for street purposes, the city shall have express power and authority to close, lease, sell, convey, or otherwise dispose of any such street, lane, alley, avenue, road, or sidewalk or any part of same. However, should the mayor and city council determine that it is not desirable to permanently abandon such street, lane, alley, avenue, road, or sidewalk, or any part thereof, but should desire to preserve it for future use to the city if needed for street or other purposes, the mayor and city council are hereby expressly granted the power and authority to lease or retain an easement to any such street, lane, alley, avenue, road, or sidewalk, or any part of the same, to any person, firm, or corporation, upon such terms and conditions as they may deem proper, with full power and authority to provide any such lease contract for a renewal of the same on a year to year basis, provided that the city shall not require the use of the property for street purposes at the expiration of any original lease contemplated herein. (b) Before any street, lane, alley, avenue, road, or sidewalk, oranypartofthe same is closed, sold, leased, conveyed, or otherwise disposed of, the mayor and city council shall adopt a resolution at a regular meeting thereof, duly called and held. Said resolution shall generally describe such street, land, alley, avenue, road, or sidewalk, or any part of same, together with the intentions of the mayor and city council as to the disposition thereof, including the terms and conditions of said disposition, and the person, firm, or corporation to whom the property is to be disposed. Upon passage of such a resolution, the city shall then publish notice of the proposed closing or other disposition in a newspaper of general circulation located within the corporate limits of the city once a week for two weeks and hold a public hearing at the next regularly scheduled monthly city council meeting. If after such publication, no objection is made to the proposed disposition, the mayor and city council may proceed by ordinance to make such disposition. If, however, any citizen or property owner makes any objection to the proposed disposition, the mayor and city council shall conduct a full and complete hearing and afford all parties the opportunity to present evidence or otherwise voice their opinions for or against the proposed disposition ofthe street property. The city shall retain full and complete discretion as to the final disposition of said property, even if requested by all adjoining property owners, and shall not have any obligation or duty to grant said property owners' request. (c) In the event that any person, firm, or corporation of the City of Rockmart files an application to close any portion ofa street, lane, alley, avenue, road, or sidewalk, within the corporate limits of the city, the applicant shall bear all expenses occasioned by the closing of said street, lane, alley, avenue, road, or sidewalk, or

3918 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any part of same, even if the mayor and city council do not ultimately grant the application. Said costs shall include, but not be limited to, any and all attorney's fees, survey costs, preparation of deeds or other legal instruments, recording fees, and any other reasonable costs and expenses incurred therewith. If multiple property owners submit such an application or petition, they shall bear all such costs equally. The applicant shall pay all such costs in advance, prior to the execution of any ordinances, quitclaim deeds, or any other documents required to be executed at the conclusion of said closing. (d) The mayor and city council may place whatever restrictions, contingencies, or requirements concerning the closing of such street, lane, alley, avenue, road, or sidewalk, or any part of same, as it may deem appropriate, including, but not limited to, the right of retention of easements for sewer, water, and other municipal utilities services.
ARTICLE II CITY GOVERNMENT STRUCTURE
SECTION 2.01. Establishment of city council; number; election.
The legislative authority of the government of the City of Rockmart, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers, to be known as the "mayor and city council of the City of Rockmart." The mayor and city council established in this charter shall in all respects be a successor and continuation of the governing authority of the City ofRockmart under prior law and shall be elected in the manner provided by general law and this charter. Furthermore, the mayor and city council shall exercise their powers in such manner as prescribed by this charter and the Constitution and applicable general laws ofthe State ofGeorgia as they exist on the date of the adoption of this charter and as they may hereafter be amended. If any such powers are not prescribed in this charter, then the mayor and city council shall exercise them in such a manner as may be prescribed by the duly established ordinances of the City of Rockmart.
SECTION 2.02. Qualifications and terms for mayor and councilmembers.
The mayor and councilmembers shall serve terms of four years and until their respective successors are elected and qualified. To be eligible for the office of mayor or councilmember, a person shall have been a resident of the City of Rockmart for 12 months immediately preceding the date of election of the mayor or councilmember. Persons seeking to qualify for the office of councilmember shall, at the time of qualification, be a resident of the ward for which he or she seeks election. Furthermore, the mayor and councilmembers shall continue to

GEORGIA LAWS 2004 SESSION

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reside in the corporate limits of the city and the ward from which they were elected during their respective periods of service and shall be both registered and qualified to vote in municipal elections in this city. The terms of mayor and councilmember shall commence on January 1 of the year next following the year in which they were elected and shall expire on December 31 of the year in which the elections were held to fill the expiring terms.

SECTION 2.03. Vacancies in office.

(a) Vacancies. The office of mayor or councilmember shall become vacant upon the occurrence of any events specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such applicable laws as are or may hereafter be enacted. (b) Filling vacancies. A vacancy in the office of mayor or councilmember shall be filled as provided in Section 5.06 of this charter.

SECTION 2.04. Compensation and reimbursement of expenses.

The city council may from time to time determine the salary of the mayor and councilmembers by ordinance, subject to the requirements of state law. Each councilmember and the mayor, when authorized by the city council and upon presentation of itemized vouchers, receipts, statements, invoices, bills, or other similar such documentation, shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties of office, including, but not limited to, travel, lodging, meals, entertainment, and other similar such expenses.

SECTION 2.05. Prohibitions.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest- No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge ofthat person s official duties or which would tend to impair the independence of the official s judgment or action in the performance of those official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person s official duties or would tend to impair the

3920 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

independence of the official's judgment or action in the performance of those

official duties;

(3) Disclose confidential information, including information obtained at

meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A.,

concerning the property, government, or affairs of the governmental body by

which the official is engaged without proper legal authorization or use such

information to advance the financial or other private interest of the official or

others;

(4) Accept any valuable gift, whether in the form of service, loan, thing, or

promise, from any person, firm, or corporation which to the official's knowledge

is interested, directly or indirectly, in any manner whatsoever, in business

dealings with the governmental body by which the official is engaged; provided,

however, that an elected official who is a candidate for public office may accept

campaign contributions and services in connection with any such campaign in

accordance with Chapter 5 of Title 21 of the O.C.G.A., the "Ethics in

Government Act," or such other applicable laws as are or may hereafter be

enacted;

(5) Represent other private interests in any action or proceeding against this city

or any portion of its government; or

(6) Vote or otherwise participate in the negotiation or in the making of any

contract with any business or entity in which the official has a financial interest.

(c) Disclosure- Any elected official, appointed officer, or employee who shall

have any financial interest, directly or indirectly, in any contract or matter pending

before or within any department of the city shall disclose such interest to the mayor

and city council. Such interest and such disclosure shall be entered on the records

of the mayor and city council, and that official shall disqualify himself or herself

from participating in any decision or vote relating thereto. Any elected official,

appointed officer, or employee of any agency or political entity to which this

charter applies who, shall have any financial interest, directly or indirectly, in any

contract or matter pending before or within such entity shall disclose such interest

to the governing body of such agency or entity.

.

(d) Use ofpublic property- No elected official, appointed officer, or employee of

the city or 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 mayor and city council or the

governing body of such agency or entity.

(e) Contracts voidable and rescindable- Any violation of this section which occurs

with the knowledge, express or implied, of a party to a contract or sale shall render

said contract or sale voidable at the option of the mayor and city council.

(f) Ineligibility of elected officials- Except where authorized by law, neither the

mayor nor any councilmember shall hold any other elected or compensated

appointed 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 for!Iler

GEORGIA LAWS 2004 SESSION

3921

mayor or councilmember shall hold any compensated appointed office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees- No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation:
(I) 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, shall be deemed to have forfeited that person s office or position, and shall be subject to removal under Section 3.19 of this charter. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (I) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.06. Inquiries and investigations.

Following the adoption of an authorizing resolution, the mayor or 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 mayor or city council shall be punished in the ~arne manner after a violation of any city ordinance.

SECTION 2.07. General power and authority of the mayor and city council.

The mayor and five councilmembers shall compose the Rockmart City Council, and shall be vested with all corporate, legislative, and other powers of government of the city, except as otherwise provided by this charter or general state law.

SECTION 2.08. Eminent domain.

The mayor and city council are hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, industrial, vocational, technical and commercial parks, cemeteries, markets, market houses, public buildings,

3922 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, athletic, 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.
ARTICLE III ORGANIZATION OF CITY GOVERNMENT
SECTION 3.01. Organization.
The current city government shall continue as presently organized, unless and until otherwise provided by ordinance, amendment to this charter, or other law. The mayor and city council may by ordinance: establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city; provide that the same person shall fill a number ofoffices and positions ofemployment; and transfer or change the functions and duties of various offices, positions of employment, and departments and agencies of the city.
SECTION 3.02. Organizational meeting and oath.
The mayor and city council shall hold an organizational meeting each year at its regularly scheduled January meeting. At this meeting, the councilmembers shall elect a mayor pro tern. from its membership, as provided in this charter, and administer the following oath of office to any newly elected members, as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of(mayor) (councilmember) of the City of Rockmart and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America."
SECTION 3.03. Regular and special meetings.
(a) The mayor and city council shall hold regular public meetings on the second Tuesday of each month at 7:00 P.M. in the city council room of City Hall, 200 North Marble Street, Rockmart, Georgia, or at other such times and places as may be designated by the mayor and city council or prescribed by ordinance. The mayor and city council shall exercise its powers in all public meetings. (b) The city council may hold special meetings or work sessions on the call of~ mayor or the mayor pro tern. and two councilmembers. Notice of any such speclal

GEORGIA LAWS 2004 SESSION

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meetings or work sessions shall be served on all other councilmembers personally or by personal telephone contact, no less that 24 hours in advance of the meeting. The notice requirements of this section shall not be required and shall be waived if the mayor and all councilmembers are present when this special meeting or work sessions are called. Such notice of any special meeting or work session may also be waived by a councilmember in writing before or after such a meeting. Attendance at a special meeting shall also constitute a waiver of notice on any business transacted in a councilmember s presence. Only the business stated in the notice may be transacted at a special meeting, unless all councilmembers unanimously consent to the transacting of additional business. At work sessions, the mayor and city council may discuss, deliberate, plan, or debate current city issues but may not take any vote or formal action and shall not publish or follow a formal agenda. (c) All meetings of the mayor and city council shall be public to the extent required by law, and notice to the public of any special meetings shall be given, to the extent reasonably possible, as provided in Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

SECTION 3.04. Rules of procedure.

(a) The mayor and city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and the city clerk shall provide for keeping minutes of its proceedings, which shall be public record. The mayor and city council may also adopt procedures and penalties for compelling the attendance of absent members, as well as punishment for contemptuous behavior conducted in the presence of the mayor and city council. (b) All committees and committee chairs and officers of the city council shall be recommended by the mayor and approved by the city council and shall serve at the pleasure of the mayor and city council. Furthermore, the mayor and city council shall have the power to appoint new members to any committee at any time.

SECTION 3.05. Quorum; voting.

A majority of councilmembers present shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of any ordinances shall be by voice vote and the vote shall be recorded in the minutes of the city council. Any member of the city council shall have the right to request a roll-call vote and such vote shall also be recorded in the minutes, if requested. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.

3924 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.06. Action requiring an ordinance.
Acts of the mayor and city council which have the force and effect of law or have a regulatory or penal effect, or are required by this charter or state law to be done by ordinance, shall be enacted by ordinance. All other administrative measures, ministerial acts, expressions of current opinion or feeling of the city council, or temporary measures may be in the form of a resolution. The mayor may also from time to time issue nonbinding proclamations to honor or commemorate a group, event, person, or business in the city.
SECTION 3.07. Ordinances and city legislation; form; procedures.
(a) Every proposed ordinance should be introduced in writing and in the fonn 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 "It is hereby ordained by the mayor and city council of the City of Rockmart ..." and every ordinance shall begin. (b) An ordinance may be introduced by any councilmember and read at a regular or special meeting of the mayor and city council. Ordinances shall be considered and either adopted or rejected by the mayor and city council in accordance with the rules it shall establish upon introduction of any ordinance. The clerk shall, as soon as possible, distribute a copy of same to the mayor and each councilmember and retain a reasonable number of copies in his or her office for inspection and copying by members of the public. The clerk shall also forward certified copies of all ordinances to the Municipal Code Corporation or any other person, firm, or corporation responsible for the codification ofthe city's ordinances, so that the city code can be properly revised and updated. After adoption of ordinances, the city clerk shall number them consecutively in the order of their final adoption and record them in a permanent record book used solely for this purpose. The clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The city clerk shall file and preserve the original copies of all ordinances, resolutions, and any written motions.
SECTION 3.08. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene a special meeting on the call of the mayor, mayor pro tern. and two councilmembers, or a majority ofcouncilmembers and promptly adopt an emergency ordinance. However, such an ordinance may not do any of the following:
(l) Levy taxes;

GEORGIA LAWS 2004 SESSION

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(2) Grant, renew, or extend a franchise; (3) Regulate the rate charged by any public utility for its services; or (4) Authorize the borrowing of money except for temporary loans to be repaid within 30 days. (b) 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. An emergency ordinance shall become effective immediately upon adoption or at such later time as it may specify. (c) Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but such ordinances may be extended or reenacted in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption ofa repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (d) Emergency meetings shall be open to the public to the extent required by law and notice to the public ofemergency meetings shall be made as fully as reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such applicable laws as are or may hereafter be enacted.

SECTION 3.09. Codes of technical regulations.

(a) The mayor and 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: (I) the requirements ofSection 3.07 ofthis charter for distribution of copies of the ordinance shall be construed to include making available 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 3.10 ofthis charter. (b) Copies ofany adopted code of technical regulations shall be made available by the clerk for inspection by the public.

SECTION 3.10. Signing; authenticating; recording; codification; printing.

(a) The clerk shall authenticate by the clerk's signature and record all ordinances adopted by the city council in a properly indexed book kept for that purpose. (b) The mayor and city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect oflaw. The

3926 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
general codification shall be adopted by the mayor and 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 mayor and city council may specify. This compilation shall be known and cited officially as "The Code of the City of Rockmart, 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 mayor and city council. (c) The mayor and city council shall cause each ordinance and each amendment to this charter to be fotwarded to the party responsible for codification and printed following its adoption. 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 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 mayor and city council shall make such arrangements as deemed desirable with reproduction and distribution ofany current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 3.11. Election of mayor; forfeiture; compensation.
The mayor shall be elected by a majority vote of all citizens of the City of Rockmart and serve for a term of four years 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 no fewer than 12 months immediately preceding the election.
The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office or may be removed on the same grounds and under the same procedures as for councilmembers. The compensation of the mayor shall be established by ordinance in the same manner as for councilmembers.
SECTION 3.12. Powers and duties of mayor.
The mayor shall: ( 1) Preside at all meetings of the city council; (2) Have a vote only in case of a tie vote by councilmembers; (3) Have veto power as outlined in Section 3.13 of this charter; (4) Be the ceremonial head of the city; (5) Sign ordinances and resolutions upon their final passage; (6) Secure short-term loans in the name of the city when authorized by the city council to do so;
(7) Sign deeds, bonds, and contracts when authorized by the city council to do
so;

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(8) Serve as the registered agent for service ofprocess in any legal action against the city; (9) Be the executive head of the city government, responsible for the efficient and orderly administration of the city's affairs; (10) Be responsible for the enforcement of the laws, rules, regulations, ordinances, and franchises in the city; ( 11) Conduct inquiries and investigations into the conduct of the city's affairs, when he or she deems necessary, or upon vote of three councilmembers, as provided in Section 2,06 of this charter; (12) Have the power to administer oaths and to take affidavits; (13) Call speCial meetings of the city council as provided for in Section 3,03 of this charter; (14) Direct the city attorney to take such legal action as the city council may determine; ( 15) Make recommendations for committee appointments, to be approved by the city council; and (16) Have and perform such other powers and duties as may be provided by this charter and duly adopted ordinances not inconsistent herewith,

SECTION 3.13. Submission of ordinances to mayor; veto poweL

(a) Every ordinance adopted by the city council shall be promptly presented to the mayor by the clerk no later than five calendar days from the date of the meeting at which it was adopted, (b) Either at the meeting at which an ordinance was adopted or no later than five calendar days of receipt of an ordinance, the mayor shall return it to the clerk either with or without the mayor's approvaL If the mayor has approved the ordinance, it shall become law immediately upon its return to the clerk If the mayor neither approves nor disapproves the ordinance, it shall become law at 12:00 Noon on the eleventh calendar day after the city council meeting at which it was adopted, If the mayor expressly disapproves an ordinance, the mayor shall submit to the city council and clerk a written statement of reasons for the veto, The statement of the mayor shall be circulated by the clerk to the city council. In all instances, the clerk shall record upon the ordinance the date it was delivered to and received from the mayoL (c) If the mayor vetoes an ordinance as provided in this section, the clerk shall present said ordinance to the city council at its next regular or special meeting, If the city council then or at its next meeting adopts the ordinance by an affirmative vote of four councilmembers, the ordinance shall become law, (d) The mayor may disapprove, veto, or reduce any item or items of appropriation in any ordinance or budget The approved part or parts of any budget or ordinance making appropriations shall become law and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto

3928 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as provided in this section. The reduced part or parts shall also be presented to the city council as if disapproved or vetoed by the mayor and shall not become law unless passed by the city council over the mayor's veto as provided in this section.
SECTION 3.14. Mayor pro tern.
(a) At the first regular meeting of the mayor and city council each year, the city council shall by majority vote elect another councilmember to serve as mayor pro tern. for a term of one year. Upon the city council's failure to elect a mayor pro tern. at its first regular meeting in January of each year, the incumbent councilmember who received the highest number of votes when last elected shall be declared mayor pro tern. (b) The mayor pro tern. shall assume the duties and powers ofthe 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. In addition, the mayor pro tern. shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as defined in Section 2.05 of this charter.
SECTION 3.15. Powers and duties of the city manager.
The mayor and city council shall appoint a city manager who shall be the chief administrative officer of the city. The city manager shall be responsible to the mayor and city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief administrative office, the city manager shall:
( 1) Serve as chief personnel officer for the city and appoint and, when the city manager deems it necessary for the good ofthe city, reprimand, suspend, remove, or otherwise take disciplinary action against all city employees and department heads the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any department head who is subject to the city manager s direction and supervision to exercise these powers with respect to subordinates in that persons department, office, or agency; (2) 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) Attend all city council meetings except for closed meetings held for the purpose of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the mayor and city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed;

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(5) Along with the city clerk as finance officer, prepare and submit the annual operating budget and capital budget to the mayor and city council; (6) Submit to the mayor and city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the mayor and city council may require concerning the operations ofcity departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the mayor and city council fully advised as to the financial condition and future needs of the city and make such recommendations to the mayor and city council concerning the affairs of the city as the city manager deems desirable; (9) Serve as purchasing agent for the city and approve all purchases and vouchers for same as set forth by ordinance; and (10) Perform other such duties as are specified in this charter or as may be required or directed by the mayor and city council.

SECTION 3.16. Mayor and city council involvement with administration.

It is the policy of the mayor and city council to encourage open discussion and communications among elected officials and city employees. Except for the purpose of inquiries and investigations under Section 2.06 of this charter, the mayor and city council or its members should make every effort to deal with city officers and employees who are subject to the direction and supervision of the city manager through the city manager to the extent possible. Neither the mayor and city council nor its members shall give orders to any such officer or employee, either publicly or privately.

SECTION 3.17. Acting city manager.

By letter filed with the city clerk, the city manager shall designate, subject to approval of the mayor and city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager s temporary absence or physical or mental disability. During such absence or disability, the mayor and city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease. Any such absence or disability shall be declared by majority vote of the mayor and city council.

3930 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.18. City clerk.
The mayor and city council shall appoint a city clerk who shall not be a councilmember. The clerk shall perform the following duties:
( 1) Keep and preserve the official city seal and all city records; (2) Attend meetings of the mayor and city council and keep the official minutes of its proceedings, including the names ofmembers and other parties present and absent, the vote of each councilmember on each resolution, ordinance, motion, or other official action considered; (3) Prepare and certify copies of official records when requested, for which fees may be prescribed by ordinance; (4) Serve as chief financial officer of the city and work in coordination with the city manager in budget preparation and review; (5) Maintain a book or record of registration of franchises granted by the city pursuant to Section 4.13 of this charter; and (6) Perform such other duties as may be required by the mayor and city council.
SECTION 3.19. Removal of officers.
(a) The mayor, any councilmember, city manager, or city clerk may be removed from office for any one or more of the following causes:
(I) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a felony or other crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or other law; (4) Knowingly violating Section 2.05 of this charter or any other express prohibition of this charter or code of the City of Rockmart; (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, the Rockmart Code of Ordinances, or general state law. (b) For purposes ofsubparagraph (a)(2) of this section, the term "moral turpitude" is defined as a crime involving an act which implicates the honesty and integrity of the perpetrator and in particular shall include any crime involving theft, deceit, or fraud. (c) In the event an elected or appointed officer is sought to be removed by action of the city council, such officer shall be entitled to written notice specifying the ground or grounds for removal and to a public hearing, which shall be held no less than ten days after service of such written notice. Removal of any elected or appointed officer pursuant to subsection (a) of this section shall be accomplished by the affirmative vote of four councilmembers after an investigative hearing. Af!Y and all hearings held pursuant to this section shall be conducted in accordance With

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Chapter 14 of Title 50 of the O.C.G.A., the "Georgia Open Meetings Act," to the greatest extent reasonably possible. (d) Any elected or appointed 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 Polk County. Such appeal shall be governed by the same rules as governed appeals to the superior court from the probate court of Polk County.

SECTION 3.20. City attorney.

The mayor and city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized or required, and shall provide for payment of such attorney or attorneys for services rendered to the city. The city attorney shall perform the following duties:
(1) Provide for the representation and defense ofthe city in all litigation in which the city is a party; (2) May be the prosecuting officer or solicitor in the municipal court; (3) Attend all meetings of the mayor and city council as directed; (4) Advise the mayor and city council and other city officers and employees concerning legal aspects of the city's affairs; (5) Approve as to form and legality all contracts, deeds, ordinances, resolutions, and motions as presented or prescribed by the mayor and city council; and (6) Perform such other duties as may be required by virtue of that person's position as city attorney.

SECTION 3.21. Employment and personnel matters.

The city council shall adopt rules, regulations, and policies consistent with this charter concerning the following:
(1) The method ofemployee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, and methods of promotion and transfer within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and rules governing layoffs or similar reductions in force; (4) Such dismissal hearings as due process may require; and (5) Such other personnel policies, regulations, provisions, or notices as may be necessary to provide for the adequate and systematic handling of personnel matters.

3932 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.22. Boards, commissions, and authorities.
(a) The mayor and city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the mayor and city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and 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 mayor and 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 more than two members 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) All board members serve at will and may be removed at any time by the affirmative vote of four members of the city council unless otherwise provided by law. (g) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as 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 3.23. Department heads.
(a) Except as otherwise provided herein, the mayor and city council shall by
ordinance prescribe the functions and duties and establish, abolish, or alter all
nonelective offices, positions of employment, departments, and agencies ofthe city as necessary for the proper administration of the affairs and government thereof. (b) Except as otherwise provided herein or by other law, the department heads an~ other officers of the city shall be appointed solely on the basis of thetr administrative and professional qualifications. (c) All appointed officers and department heads shall receive such compensation as is determined by the mayor and city council.

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(d) There shall be a director or head of each department or agency who shall be its principal officer. Each department head shall be responsible for the administration and direction of the affairs and operations of his or her department or agency, subject to the direction and supervision of the city manager.

ARTICLE IV FINANCE AND FISCAL ADMINISTRATION

SECTION 4.01. Fiscal year.

The mayor and 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 4.02. Preparation of budgets.

The mayor and city council shall adopt 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 4.03. Submission of operating budget to city council.

(a) On or before a date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the city manager in coordination with the city clerk shall submit to the mayor and city council a proposed operating budget for the ensuing fiscal year, showing the following:
(1) The revenue and expenditure during the previous fiscal year; (2) Appropriations and estimated revenue and expenditures for the current fiscal year; (3) Estimated revenue and recommended expenditures for the ensuing fiscal year; (4) A comparative statement of the assets, liabilities, reserves, and surplus at the end of the previous fiscal year, and estimated assets, liabilities, reserves, and surplus, both at the end of the current fiscal year and the ensuing fiscal year; and {5) Such other information and data as may be considered necessary by the mayor and city council. {b) 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 any major changes recommended for the next fiscal year, a general summary of the budget, and any other pertinent comments and information the city manager feel necessary. The operating budget

3934 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be maintained in the office of the city clerk and shall be open to public inspection.
SECTION 4.04. Action by city council on budget.
(a) The mayor and city council may amend the proposed operating budget submitted by the city manager. However, the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions ofthis charter and for all debt service requirements for the ensuing fiscal year. Moreover, the total appropriations from any funds shall not exceed the estimated fund balance, reserves, and revenues. (b) The mayor and city council by ordinance shall adopt a final operating budget for the ensuing fiscal year, no later than the regular scheduled June city council meeting for each year. If the city council fails to adopt the budget on or before the date set out herein, 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 city council adopt a budget for the ensuing fiscal year. Notice of any or all meetings at which the budget is adopted shall be given as provided by state law. (c) 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 4.03 of this charter. (d) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for same and no expenditures shall be made or any encumbrance created in excess of the otherwise encumbered balance ofthe appropriations or allotment thereofto which it is chargeable unless the budget is amended and such excess expenditure approved by the mayor and city council. In addition, the mayor and city council shall not make any appropriations in excess of any estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety, or general welfare of the inhabitants of the city, which emergency shall be declared by the affirmative vote of three members ofthe city council.
SECTION 4.05. Changes in appropriations.
The mayor and city council may by ordinance make changes in the appropriations contained in the adopted operating budget at any regular meeting or any special or emergency meeting called for that purpose, but any such additional appropriations may be made only for an existing anticipated unappropriated surplus in the fund to which it applies.

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SECTION 4.06. Lapse of appropriations.

Any unencumbered balances ofappropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made.

SECTION 4.07. Capital budget.

(a) On or before a date fixed by the mayor and city council, but no later than 30 days prior to the beginning ofeach fiscal year, the city manager shall submit to the mayor and city council a proposed capital improvement plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The mayor and city council shall have the power to accept, with or without amendments, or reject the proposed plan and budget. The mayor and city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement on any public property, unless the appropriations for such project are included in the capital budget, except to meet a public emergency that threatens the lives, health, property, or general welfare ofthe citizens of Rockmart, which emergency shall be declared by the affirmative vote of three members of the city council. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year, not later than the regular June meeting before the beginning of said year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made has been completed or abandoned. However, the city manager may submit to the city council 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 their adoption by ordinance and by the affirmative vote of three members of the city council. In addition, the capital improvements budget may be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition.

SECTION 4.08. Independent audit.

There shall be an annual independent audit ofall city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The accountant shall conduct this audit according to generally accepted auditing and accounting principles and file a report with the mayor and city council, as well as a summary thereof, both ofwhich shall be furnished or made available to the mayor and every councilmember. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter.

3936 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.09. Property taxes.
The mayor and city council may assess, levy, and collect an ad valorem tax on all real and personal property that is subject to taxation by the state and county, provided that such property is located within the corporate limits of the city. These taxes shall be levied for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, repayment of principal and interest on general obligations, and for any other public purpose as may be determined by the mayor and city council in their discretion.
SECTION 4.10. Millage rate; due dates; payment methods.
(a) The mayor and city council shall by ordinance establish a millage rate for city property taxes, a due date for payment ofsaid taxes, and a time period within which these taxes must be paid. The city shall send a tax bill to all taxpayers and residents of the city showing the due date, assessed valuations, amount of tax due, and information as to delinquency dates and future interest. Failure to send such tax bills shall not, however, invalidate any tax. (b) The mayor and city council may by ordinance provide for the payment ofthese taxes in one lump sum or in installments, subject to the restrictions contained in state law, and also authorize the voluntary payment oftaxes prior to their due dates. (c) All taxes due to the city shall bear interest at the maximum interest rate specified by state law for delinquent taxes. Any period ofless than one month shall be considered to be one month for the purpose of calculating interest under this section. The city shall have the right to enforce, collect, or both, any delinquent taxes to the fullest extent permitted by general law.
SECTION 4.11. Occupation and business taxes.
The mayor and city council shall by ordinance have the power to levy such occupation or business taxes as are authorized by law. The mayor and city council may further classify businesses, occupations, or professions for the purpose ofsuch taxation in accordance with state law and may compel the payment of such taxes as provided in Section 4.17 of this charter.
SECTION 4.12. Regulatory fees; permits.
The mayor and city council shall by ordinance have the power to require businesses or practitioners doing business within the city to obtain a permit for such activi~ from the city and pay a reasonable regulatory fee for such permit, as provided b~

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state law. Such fees shall reflect the approximate total costs to the city ofregulating the activity, and, if unpaid, shall constitute a lien against the property or person liable therefor and may be collected as provided in Section 4.17 of this charter.

SECTION 4.13. Franchises.

(a) The mayor and city council shall have the power to grant franchises for the use of the city's rights of way, streets, and alleys for use by railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, Internet providers, fiber optic network providers, gas companies, transportation companies, and other similar organizations. The mayor and city council shall determine the duration, terms, and consideration for such franchises, and whether they shall be exclusive or nonexclusive. 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. (b) The mayor and city council shall provide for the registration of all such franchises with the city clerk in a registration book to be maintained by the clerk and may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (c) If no franchise agreement is in effect, the mayor and city council has the authority to impose a tax on gross receipts for the use of the city's rights of way, streets, and alleys for use by railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, Internet providers, fiber optic network providers, gas companies, transportation companies, and other similar organizations.

SECTION 4.14. Service charges; utilities.

The mayor and city council shall by ordinance have the power to assess and collect fees and tolls for water, sewer, sanitary and health services, or any other similar services provided or made available both within and beyond the corporate limits of the city for the total costs to the city of providing and making such services. Such charges, ifunpaid, shall be collected as provided in Section 4.17 of this charter and shall constitute a lien against any person or property served.

SECTION 4.15. Special assessments.

The mayor and city council shall by ordinance have the power to assess and collect the costs ofconstructing or reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances,

3938 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
from the abutting property owners on a pro rata basis or under such other terms and conditions as may be reasonable or agreed upon by the parties. Such charges, if unpaid, shall be collected as provided in Section 4.17 of this charter and shall constitute a lien against the person or property assessed.
SECTION 4.16. Other taxes and fees; construction.
The mayor and city council shall be empowered to levy any other tax or fee now or hereafter permitted by law. The specific inclusion of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the city to collect taxes, fees, charges, and other moneys, and otherwise govern its local affairs.
SECTION 4.17. Collection of delinquent taxes and fees.
The mayor and city council may by ordinance provide generally for the collection of any delinquent taxes, fees, charges, or other moneys due the city under Sections 4.10 through 4.16 ofthis charter by whatever reasonable means as may be permitted by law. This shall include, but not be limited to, the following:
(1) Providing for the dates when such taxes or fees are due; (2) Fixing late penalties or interest, or both; (3) Issuance and execution of fi.fas., judgments, or other liens; (4) Creation and priority ofliens; (5) Making delinquent taxes and fees personal debts of the person or persons required to pay same; (6) Revoking city permits or other licenses for failure to pay any city taxes or fees; (7) Providing for the assignment or transfer of tax executions; and (8) Taking such other action as may be necessary and authorized by law to collect such unpaid taxes, fees, or other charges. It is the general intent of this article to provide that all unpaid city taxes, fees. charges, or other moneys due the city under this charter shall constitute a lien against the property, person, or both for which the taxes, fees, or charges are levi~ to enable the city to collect and enforce payment of same to the greatest extent possible.
SECTION 4.18. General obligation bonds.
til!" The mayor and city council shall have the power to issue bonds for the purpose~
raising revenue to carry out any project, program, or venture authorized under charter or the laws of this state. Such bonding authority shall be exercised II

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accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

SECTION 4.19. Revenue bonds.

The mayor and city council may issue revenue bonds as provided by state law now or hereafter amended. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.

SECTION 4.20. Short-term loans.

The mayor and city council may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.

SECTION 4.21. Lease-purchase contracts.

The mayor and city council may enter into multiyear lease, purchase, or lease purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part 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 4.22. Contracting procedures.

No long-term or substantial 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 minutes of proceedings pursuant to Section 2.21 of this charter. The city shall follow the requirements of state law with regard to any "public works construction projects" as defined by Code Section 36-91-1 of the O.C.G.A., et seq., or other such applicable laws as are or may hereafter be enacted in giving notice, receiving bids, requiring performance and payment bonds, and entering into tontracts for such projects. The city manager shall have the discretion to require lllly outside contractors, subcontractors, or other persons, firms, or corporations to

3940 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
execute a written contract or letter or memorandum of understanding in all outside city projects costing in excess of$5,000.00, depending on the nature of the project. For purposes of this section, "long-term or substantial" shall mean any contract of a duration exceeding 12 months or involving the payment by the city of more than $50,000.00 for any goods, services, equipment, or materials.
SECTION 4.23. Centralized purchasing.
The mayor and city council may by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 4.24. Sale and lease of city property.
(a) The mayor and 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 mayor and city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place ofthe city, a small parcel or tract ofland is cut-offor separated by such work from a larger tract or boundary of land owned by the city, the mayor and city council may authorize the city manager to sell and convey said cut-off or separated parcel or tract ofland 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. The city shall also have discretion to retain any utility easements as may be necessary with regard to such property. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey any title and interest the city may have in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. (d) Any person, firm, or corporation who purchases property from the city pursuant to this section shall be responsible for any and all fees, costs, or other expenses associated with the transaction, including, but not limited to, attorneys fees,
recording costs, survey and appraisal fees, and similar such expenses, except as
otherwise agreed between the city and the purchaser.

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ARTICLE V ELECTIONS

SECTION 5.01. Applicability of general law.

All primaries and elections for any elected office in the City of Rockmart government or any other matter that is properly the subject of a municipal election shall be held and conducted in accordance with general state law governing elections as contained in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," or as may hereafter be amended.

SECTION 5.02. Regular elections; time for holding.

(a) The regular municipal general election for mayor and councilmembers shall be held biannually on the first Tuesday next following the first Monday in November in each odd numbered year. The terms of office shall begin on January l of the year next following such election. Officials elected at any such election shall be sworn in at the first regular meeting of the mayor and city council in January next following such election. (b) There shall be elected the mayor and city councilmembers from Wards 2 and 5 at the municipal general election in 2005 and at every other municipal general election thereafter. There shall be elected the councilmembers from Wards l, 3, and 4 at the municipal general election in 2007 and at every other municipal general election thereafter so that a continuing body is created.

SECTION 5.03. Wards; ward residency requirements.

(a) The City ofRockmart shall be divided into five wards to be numbered from one to five, all as more particularly shown and depicted on the 2000 Census Map of the City of Rockmart, on file in the office of the clerk, and including more specifically within each ward the following census blocks ofthe respectively designated Census tracts:
(l) Ward l. Census Tract No. 9906: Census Blocks 1009,1012-1022,1025-1027,1031-1034,1036-1043,1049, 1050, 1053, 1054, 1060-1068, 1089, 1090, and 2008-2017. Census Tract No. 9907: Census Blocks 1005, 1006, 1016, and 1015.
(2) Ward 2. Census Tract No. 9907:

3942 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Census Blocks 3007,3009,3012,3013,3019-3044,4011,4013-4022,4024, 4026-4028, 4034, and 5010-5011. (3) Ward 3. Census Tract No. 9906: Census Blocks 1028-1029, 1055-1057, 1069-1088, 2038-2040, 3000, 3019-3025. Census Tract No. 9907: Census Blocks 2009,3010, and 3011. (4) Ward4. Census Tract No. 9907: Census Blocks 2001, 2002, 2004, 2005,2007, 2008, 2010-2016, 2018-2023, 3000-3006, 3008,3014-3018, and 4012. (5) Ward 5. Census Tract No. 9906: Census Blocks 1010-1012, 1018, 1019, 1021-1027, 1029-1037, 1040-1042, 2000,2003,2017, and 4003. (b) When used in subsection (a) of this section, 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 of2000 for the State of Georgia. Any part ofthe City of Rockmart which is not included in any such ward described in subsection (a) of this section shall be included within that ward 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 Rockmart which is described in subsection (a) ofthis section as being in a particular ward shall nevertheless not be included within such ward if such part is not contiguous to such ward. Such noncontiguous part shall instead be included ~thin that ward 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 ward, whenever the description ofsuch. ward 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 of2000 for the State of Georgia. (c) One councilmember shall be elected from each ofthe five wards of the City of Rockmart as described in subsection (a) ofthis section. At the time of qualificatio~ for office, each councilmember shall be a resident of the ward which he or she lS
elected to represent and shall be elected by a majority of the voters voting within
that ward and not at large. The mayor shall be a resident of the city and shall be elected by a majority of the voters of the entire city.

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SECTION 5.04. 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 5.05. Election by majority.

The candidate receiving a majority of the votes cast for any city office shall be elected to serve in that office.

SECTION 5.06. Special elections; vacancies.

(a) In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.03 of this charter, and such vacancy occurs during the final 27 months of the terms of the vacant office, then the mayor and city council or those remaining shall appoint a successor for the remainder of the term. If such vacancy occurs before the final 27 months of such term of office, the election superintendent of the city shall call a special election to fill the remainder of the term ofoffice. Persons appointed or elected to fill a vacancy shall possess the same qualifications as required in the office vacated and serve the remainder of the unexpired term and until a successor is regularly elected and qualified. Any special election held pursuant to this section shall be conducted in accordance with general state law regarding municipal elections, as contained in Title 21 of the O.C.G.A. as now or hereafter amended. Such election shall be held as soon as permitted under state law from the date such vacancy occurs. (b) Special elections may be called at any time by the mayor and city council for the purpose of voting on bond issues, general obligation debt, or other questions required or permitted by law to be presented to the citizens of the City ofRockmart. In all such special elections, the city shall follow the procedure established for municipal general elections, as well as any additional requirements ofstate law with regard to bond issues, general obligation debt, or other proper ballot questions.

SECTION 5.07. Rules and regulations.

Except as otherwise provided by this charter, the mayor and city council shall, by ordinance, describe such rules and regulations as it deems appropriate to fulfill any options and duties it may have, as contained in Chapter 2 of Title 21 of the O.C.G.A. as presently enacted or hereafter amended.

3944 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE VI JUDICIAL BRANCH
SECTION 6.01. Creation; name.
There is hereby established a court to be known as the Municipal Court of the City of Rockmart.
SECTION 6.02. Municipal judge.
(a) The Rockmart municipal court shall be presided over by a part-time municipal judge and any other stand-by or substitute judges as may be provided by ordinance. (b) No person shall be qualified and eligible to serve as a judge of the Rockmart municipal court unless that person:
( l) Has attained the age of 30 years; (2) Is a qualified and registered voter in Polk County; (3) Has resided in Polk County for no fewer than five years immediately preceding appointment; (4) Has obtained or will obtain within 12 months after appointment any and all licenses or certifications as may be required by general law; and (5) Possesses all other qualifications as may be required by law. All municipal judges shall be appointed by, and serve at the pleasure of, the mayor and city council, and shall serve until a successor is duly appointed and qualified. (c) The mayor and city council shall fix the compensation of the municipal judge or judges. (d) The municipal judge shall serve at will and may be removed from office at any time by majority vote of the city council, unless otherwise provided by ordinance. (e) Before assuming office, the municipal judge shall take an oath, to be administered by the mayor, that he or she will honestly and faithfully discharge the duties of office to the best of his or her ability, and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council as maintained by the clerk pursuant to Section 3.18 of this charter.
SECTION 6.03. Court proceedings; schedules.
The Rockmart municipal court shall be convened at regular intervals and at such other times as may be determined by the judge. A court schedule shall be published and made available to the public, either at city hall or at the Rockmart police department.

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SECTION 6.04. Jurisdiction; powers.

(a) The Rockmart municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as permitted by general state law. (b) The Rockmart municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine as authorized by law or ten days in jail. (c) The Rockmart municipal court may fix punishment for offenses within its jurisdiction, not to exceed a fine of $1 ,000.00, or imprisonment for six months, or both a fine and imprisonment, or may fix punishment by fine, imprisonment, community service, or any other form ofalternative sentencing as now or hereafter provided by law. If state law authorizes punishment in excess of the fine or imprisonment specified herein, then the court may impose the greater punishment. (d) The Rockmart municipal court shall have authority to establish a schedule of fees to defray its costs of operation, and, with regard to prisoners bound over to any superior court for violations of state law, shall be entitled to reimbursement for the actual costs of meals, transportation, general caretaking expenses, court costs, administrative fees, and such other fees as are authorized to be collected by Georgia law as presently enacted or hereafter amended. (e) The Rockmart municipal court shall have the authority to establish bail and recognizance to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with such violations. Whenever any person gives bond for his or her appearance and fails to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at that time and execution shall be issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least five days before a hearing thereon. In the event that cash or property is accepted in lieu ofbond to secure 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 municipal judge declared forfeited to the city; or the property so deposited shall have a lien against it for the amount forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for unpaid city property taxes and fees. (f) The Rockmart municipal court shall have the same authority as the Superior Court ofPolk County to compel the production ofevidence in the possession ofany party, to enforce obedience to its orders, judgments, or sentences, and to administer such oaths as may be necessary. (g) The Rockmart municipal court shall have the authority to bind defendants over to the appropriate court when it appears by probable cause that state law has been violated, or where a defendant makes a written request for a trial by jury, or under other circumstances in which a transfer is authorized by state law. (h) The judge of the Rockmart municipal court may compel the presence of all parties necessary for the proper disposal of each case by the issuance of summons,

3946 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
subpoenas, and warrants, which may be served or executed by any officer as authorized by this charter or other law. (i) The judge of the Rockmart municipal court shall be authorized to issue warrants for the arrest of any person or persons charged with violations of any ordinances of the city. The judge shall have the same authority as a magistrate of the state or county to issue warrants for violations of state laws committed within the corporate limits of the City of Rockmart. The judge shall also have the authority to issue warrants for the arrest of persons charged with violating any of the terms or conditions of any sentence of probation imposed upon them in the municipal court and revoke any or all ofsaid persons remaining probated sentence, ifthose persons are found to have violated the terms and conditions of their probation. (j) The Rockmart municipal court is specifically vested with all jurisdiction and power throughout the corporate limits of the city as granted generally by law to municipal courts and particularly by such laws that authorize the abatement of nuisances and prosecution of traffic violations. (k) Subject to the approval of the mayor and city council, the municipal court is further authorized to enter into any contracts or agreements it deems necessary or expedient for certain services, including, but not limited to, housing persons charged with city offenses in other jail facilities, probation and related supervision services, collection of fines, fees, and other delinquent payments, and similar such services.
SECTION 6.05. Certiorari.
The right of certiorari from the decisions and judgments of the Rockmart municipal court shall exist in all criminal cases, ordinance violation cases, and such other cases in which certiorari is appropriate under state law. Such certiorari shall be
obtained under the sanction of a judge of the Superior Court of Polk County and
under the laws ofthe State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 6.06. Rules of court.
With the approval of the city council, the municipal 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 Rockmart municipal court However, the city council may adopt, in whole or in part, the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk and made available for public inspection. Upon written request, a copy of said rules and regulations shall be furnished to all defendants in municipal court cases at least 48 hours prior to their arraignment, trial, or any other hearing or proceeding.

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ARTICLE VII GENERAL PROVISIONS

SECTION 7.01. Bonds for city officials.

The officers and employees of the City of Rockmart, both elected and appointed, may be required to execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council may from time to time require by ordinance, or as may be provided by law. Any and all premiums or other costs of such bonds, unless otherwise provided by ordinance or other law, shall be paid by the city.

SECTION 7.02. Existing ordinances, resolutions, rules, and regulations.

All ordinances, resolutions, rules, and regulations now enforced in the city that are not inconsistent with this charter are declared valid and are in full force and effect until amended or repealed by the city council.

SECTION 7.03. Pending matters.

Except as specifically provided otherwise in this charter, all rights, claims, actions,

orders, contracts, and any other legal or administrative proceedings existing on or

before the date this charter becomes effective shall continue as they had before the

effective date hereof, and any such ongoing projects, work, or cases shall be

completed by such city agencies, personnel, departments, authorities, or offices as

may be provided by the mayor and city council.



SECTION 7.04. Construction.

(a) Section captions in this charter are informative only and are not to be considered as a part of the sections which they describe. (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 7.05. Severability.

Ifany article, section, subsection, paragraph, sentence, or part thereofofthis charter shall be held to be unconstitutional or otherwise invalid, such unconstitutionality

3948 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or invalidity 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 unconstitutional or otherwise invalid. It is the legislative intent of the General Assembly in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereofbe enacted separately and independent of each other.
SECTION 7.06. Specific repealer.
An Act incorporating the City of Rockmart in the County of Polk, approved on April 8, 1968 (Ga. L. 1968, p. 3224), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. It is the intent and purpose of this charter to replace and supersede the above-referenced charter, and any charter provisions previously enacted.
SECTION 7.07. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7.08. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENtiON TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2004 session of the Georgia General Assembly a Bill to provide a new Charter for the City of Rockmart; to provide for the incorporation, powers, and boundaries of said City; to provide for governing authority; to provide for city organization, personnel, and fiscal administration; to provide for a municipal court; to provide for municipal elections; to provide for all other matters necessary and proper for the City to conduct business as a municipal corporation; to provide for matters relative to the foregoing; to repeal specific laws; and for other purposes.
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

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Notice oflntention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County on January 15, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

sf BILL CUMMINGS Bill Cummings Representative, District 19

Sworn to and subscribed before me, this 19th day of February, 2004.

s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission EXpires Aug. 25,2007 (SEAL)

Approved May 17, 2004.

HENRY COUNTY- HOMESTEAD EXEMPTION; BASE YEAR; COUNTY TAXES; REFERENDUM.
No. 683 (House Bill No. 1538).
AN ACT
To provide for a homestead exemption from certain Henry County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Henry County, including but not limited to any ad valorem taxes for special district purposes and to pay interest on and to retire county bond indebtedness.

3950 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(2) "Base year" means the taxable year immediately preceding the taxable year

in which the exemption under this Act is first granted to the most recent owner

of such homestead.

(3) "Homestead" means homestead as defined and qualified in Code

Section 48-5-40 of the O.C.G .A., with the additional qualification that it shall

include only the primary residence and not more than five contiguous acres of

land immediately surrounding such residence.

(b) Each resident of Henry County is granted an exemption on that person's

homestead from all Henry County ad valorem taxes for county purposes in an

amount equal to the amount by which the current year assessed value of that

homestead exceeds the base year assessed value of the homestead. This exemption

shall not apply to taxes assessed on improvements to the homestead or additional

land that is added to the homestead after January 1 of the base year. If any real

property is removed from the homestead, the base year assessed value shall be

adjusted to reflect such removal and the exemption shall be recalculated

accordingly. The value of that property in excess of such exempted amount shall

remain subject to taxation.

(c) A person shall not receive the homestead exemption granted by subsection (b)

of this section unless the person or persons agent files an application with the tax

commissioner of Henry County giving such information relative to receiving such

exemption as will enable the tax commissioner to make a determination as to

whether such owner is entitled to such exemption.

(d) The tax commissioner of Henry County shall provide application forms for the

exemption granted by subsection (b) of this section which shall require such

information as may be necessary to determine the initial and continuing eligibility

of the owner for the exemption.

(e) The exemption shall be claimed and returned as provided in Code

Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed

from year to year so long as the owner occupies the residence as a homestead.

After a person has filed the proper application as provided in subsection (c) of this

section, it shall not be necessary to make application thereafter for any year and the

exemption shall continue to be allowed to such person. It shall be the duty of any

person granted the homestead exemption under subsection (b) of this section to

notify the tax commissioner of the county or the designee thereof in the event that

person for any reason becomes ineligible for that exemption.

(f) The exemption granted by this Act shall not apply to or affect state ad valorem

taxes, county or independent school district ad valorem taxes for educational

purposes, or municipal ad valorem taxes for municipal purposes. The homestead

exemption granted by subsection (b) of this section shall be in addition to and not

in lieu ofany other homestead exemption applicable to county ad valorem taxes for

county purposes.



(g) The exemption granted by subsection (b) of this section shall apply to all

taxable years beginning on or after January 1, 2005.

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SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Henry County for approval or rejection. The election superintendent shall conduct that election on the date of the 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 Henry County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from certain Henry County ad valorem taxes for county purposes in
NO ( ) an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-halfof the votes cast on such question are for approval of the Act, Section I of this Act shall become of full force and effect on January I, 2005. If the Act is not so approved or ifthe election is not conducted as provided in this section, Section I 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 Henry County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 Session of the General Assembly of Georgia a bill to provide for a homestead exemption from certain advalorem taxes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal conflicting laws; and for other purposes.

3952 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Henry Herald which is the official organ of Henry County on February 10, 2004, 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 18th day of February, 2004.
sf DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17,2004.
CHARLTON COUNTY- STATE COURT; CREATION.
No. 684 (House Bill No. 1498).
AN ACT
To create the State Court of Charlton County; to specifY the location of the court
and provide for facilities therefor; to provide for jurisdiction, powers, practice, and
procedure; to provide for terms of court; to specifY business hours of the court; to specifY costs and fees; to provide for transfer of certain matters from the Superior Court of Charlton County; to provide for institution of criminal cases; to provide for appeals; to provide for selection, number, and compensation of jurors; to
provide for appointment, election, qualifications, and terms of office of a judge of the court; to provide for restrictions and discipline of such judge and powers and
duties thereof; to provide for the appointment, election, qualifications, and terms of office of a solicitor-general of the court and the powers and duties thereof; to provide for a clerk and sheriff of the court and the duties thereof; to provide compensation for the judge, solicitor-general, and other officers and staff of the court; to provide for a judge pro hac vice and an official court stenographer; to

GEORGIA LAWS 2004 SESSION

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provide for expenses for the court; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Effective July 1, 2004, there is created the State Court of Charlton County which shall have the power, jurisdiction, and method of procedure as provided by Chapter 7 of Title 15 of the O.C.G.A.

SECTION2. The State Court of Charlton County shall be located in the county site of Charlton County in facilities provided by the governing authority of Charlton County.

SECTION 3. The State Court ofCharlton County shall have such rules ofpractice and procedure as provided by Chapter 7 of Title 15 of the O.C.G.A. or by rules promulgated by the Supreme Court of Georgia.

SECTION 4. The State Court of Charlton County shall have quarterly terms beginning on the second Monday of January, April, July, and October in the county site of Charlton County and such terms shall remain open for the transaction of business until the next succeeding term. If the date fixed for the convening of any term is a legal holiday, then that term shall begin on the next day thereafter which is not a legal holiday. Said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon and for the transaction ofcivil business before the court.

SECTION 5. The clerk of the state court shall be required to keep his or her office open the same hours for business as the clerk of the superior court.

SECTION 6. The clerk of the state court shall be entitled to charge and collect the same fees as the clerk of the superior court is entitled to charge and collect for the same or similar services. All such fees shall be paid into the county treasury, except those sums which are directed by law to be paid otherwise.

SECTION 7. Any cases of a civil nature pending in the Superior Court of Charlton County on July 1, 2004, or thereafter of which the State Court of Charlton County has jurisdiction under this Act may be transferred by the judge of the superior court to

3954 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the State Court of Charlton County by consent of counsel of all parties and shall thereafter stand for trial in said state court as though originally filed therein.
SECTIONS. All prosecutions in criminal cases instituted in the State Court of Charlton County shall be by written accusation, uniform traffic citation, or summons as provided for byCodeSection 17-7-71 oftheO.C.G.A.
SECTION9. Any cases tried in the State Court of Charlton County shall be subject to review by the Court of Appeals or the Supreme Court of Georgia, whichever court has jurisdiction, in the same manner and under the same rules of appellate procedure as apply to cases in the superior court.
SECTION 10. (a) Traverse jurors shall be drawn, selected, chosen, and summoned for service in the State Court of Charlton County from the same jury list and from the same jury box and in the same manner as is done in the superior court. Jurors in said state court shall receive the same per diem compensation for service therein as in the Superior Court of Charlton County and shall be paid by Charlton County in the same manner and out of like funds as jurors are paid in the superior court. (b) The jury for the trial of all civil cases tried in the State Court of Charlton County shall be composed of the number of jurors set forth in Chapter 12 of Title 15 of the O.C.G.A. Peremptory strikes in civil cases shall be exercised in the manner prescribed in Chapter 12 of Title 15 of the O.C.G.A. (c) The jury for the trial of all criminal cases tried in the State Court of Charlton County shall be composed of the number of jurors set forth in Chapter 12 of Title 15 of the O.C.G.A. Peremptory strikes in criminal cases shall be exercised in the manner prescribed in Chapter 12 of Title 15 of the O.C.G.A.
SECTION 11. (a) There shall be a judge of the State Court of Charlton County who shall be elected by the qualified voters ofCharlton County at the state-wide general election in November, 2006, shall take office the first day of January immediately following such election, and shall serve for a term of office of four years and until the election and qualification of a successor, as provided by Chapter 7 of Title 15 and by Title 21 of the O.C.G.A.; provided, however, that the first judge shall be appointed by the Governor for a term of office of 30 months beginning July l, 2004, and until the election and qualification of a successor. (b) The judge of said court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Chapter 7 ofTitle 15 ofthe O.C.G.A. He or she shall be vested with all the power and authority of the judges of the state courts by Title 7 of Chapter 15 of the O.C.G.A.

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(c)( 1) The judge shall be a part-time judge and he or she shall be paid an annual salary of $26,000.00 and shall receive all legally required benefits. Said salary shall be payable out of the funds of Charlton County at the same intervals as installments are paid to other county employees. (2) The salary provided by paragraph (1) of this subsection shall be increased by multiplying said amount by the percentage which equals 5 percent times the number of completed four-year terms of office served by the judge, effective the first day of January following the completion of each such elected period of service. (3) After the first elected term of office, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the salary fixed in paragraph (1) of this subsection, or the amount derived by increasing the salary through the application of longevity increases pursuant to paragraph (2) ofthis subsection, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the salary fixed in paragraph (1) of this subsection, or the amount derived through the application oflongevity increases pursuant to paragraph (2) of this subsection, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The periodic changes in the salary fixed by paragraph (1) of this subsection, or the amounts derived through the application oflongevity increases pursuant to paragraph (2) of this subsection, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the salary fixed in paragraph (1) of this subsection, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to paragraph {2) of this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.

SECTION 12. (a) There shall be a solicitor-general of the State Court of Charlton County who shall be elected by the qualified voters of Charlton County at the state-wide general election in November, 2006, shall take office the first day of January immediately following such election, and shall serve for a term of office of four years and until the election and qualification of a successor, as provided by Article 3 ofChapter 18 of Title 15 and by Title 21 of the O.C.G.A.; provided, however, that the first solicitor-general shall be appointed by the Governor for a term of office of 30

3956 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
months beginning July 1, 2004, and until the election and qualification of a successor. (b) The solicitor-general of said court shall have such qualifications as provided in Article 3 of Chapter 18 of Title 15 of the O.C.G.A. and shall be a part-time solicitor-general of said court.
(c)( 1) The solicitor-general shall be paid an annual salary of $24,000.00 and shall receive all legally required benefits. Said salary shall be payable out of the funds of Charlton County at the same intervals as installments are paid to other county employees. (2) The salary provided by paragraph (l) of this subsection shall be increased by multiplying said amount by the percentage which equals 5 percent times the number of completed four-year terms of office served by the solicitor-general, effective the first day of January following the completion of each such elected period of service. (3) After the first elected term of office, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the salary fixed in paragraph ( 1) of this subsection, or the amount derived by increasing the salary through the application of longevity increases pursuant to paragraph (2) ofthis subsection, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the salary fixed in paragraph ( 1) of this subsection, or the amount derived through the application oflongevity increases pursuant to paragraph (2) of this subsection, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The periodic changes in the salary fixed by paragraph ( 1) of this subsection, or the amounts derived through the application oflongevity increases pursuant to paragraph (2) ofthis subsection, as authorized by this paragraph shall become effective on the first day ofJanuary following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the salary fixed in paragraph ( 1) of this subsection, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to paragraph (2) of this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.
SECTION 13. (a) The clerk of the Superior Court of Charlton County shall, by virtue ofhis or h~r office, be the clerk of the State Court of Charlton County, and the sheriff of sa1d

GEORGIA LAWS 2004 SESSION

3957

county shall likewise be the sheriff of said state court. The clerk shall provide all the necessary dockets, writs, minute books, printed forms, and the like as will be necessary for said court which shall be paid for by Charlton County in like manner as such items in the superior court. (b) The number and salaries of any necessary additional support staff for the clerk of the superior court and the sheriff of Charlton County required to serve the State Court of Charlton County shall be set by the Charlton County Board of Commissioners.

SECTION 14. The governing authority of Charlton County is authorized to supplement the salary of the clerk of the superior court in the amount of$300.00 per month.

SECTION 15. In the event the judge of the State Court of Charlton County is unable to preside in the court or is disqualified for any reason, then the judge may appoint a judge pro hac vice to serve in his or her absence. Said judge pro hac vice shall meet the same qualifications as the judge of the State Court of Charlton County.

SECTION 16. The judge of the State Court of Charlton County may appoint an official stenographer for said court who shall report such cases as the court may require. He or she shall receive the same fees as allowed for similar services in the superior court which shall be taxed and enforced as in the superior court.

SECTION 17. The judge and solicitor-general of the State Court of Charlton County shall make application to the Charlton County Board of Commissioners for the provision of necessary and reasonable expenses incurred by them in the operation of the court.

SECTION 18. This Act shall become effective on July 1, 2004.

SECTION 19. All laws and parts of laws in conflict with this Act are repealed.

Notice Oflntention To Introduce Local Legislation
Notice is given that there will be introduced at the 2004 regular session of the General Assembly of Georgia a bill to create the State Court of Charlton County; and for other purposes.

3958 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Boggs, who on oath deposes and says that he is the Representative from District 145 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Charlton County Herald which is the official organ of Charlton County on February 11, 2004, and that the notice requirements of Code Section 28-l-14 have been met.
s/ MIKE BOGGS Mike Boggs Representative, District 145
Sworn to and subscribed before me, this 16th day ofFebruary, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25,2007 (SEAL)
Approved May 17, 2004.
DAWSON-TERRELL COUNTY AIRPORT AUTHORITYNAME CHANGE; MEMBERSHIP.
No. 685 (House Bill No. 1495).
AN ACT
To amend an Act creating the Dawson-Terrell County Airport Authority, approved April4, 1997 (Ga. L. 1997, p. 3696), so as to change the name of the authority; to change the membership so as to provide that the City ofDawson shall not have any appointing authority; to delete references to the City of Dawson throughout said Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Dawson-Terrell County Airport Authority, approved Apri14, 1997 (Ga. L. 1997, p. 3696), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following:

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#SECTION 1. Short title.

This Act shall be known and may be cited as the 'Terrell County Airport Authority Act."'

SECTION 2. Said Act is further amended by striking in its entirety Section 3 and inserting in lieu thereof the following:

#SECTION 3. Terrell County Airport Authority.

(a) There is created a body corporate and politic, to be known as the 'Terrell County Airport Authority,' which shall be deemed to be a political subdivision of the State ofGeorgia 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 bring and defend actions in all courts. The authority shall have perpetual existence. (b) The authority shall consist of six members who shall be residents of Terrell County appointed by the governing authority ofTerrell County for terms ofoffice offour years each; provided, however, that the members of the authority serving on July 1, 2004, shall continue to serve for the remainder of their terms and until their successors are duly appointed and qualified. Members ofthe authority shall serve the terms specified and until their respective successors are appointed and qualified; provided, however, that any member of the authority may be removed at any time by the governing authority of Terrell County, with or without cause. Any member of the authority may be selected and appointed to succeed himself or herself. After such appointment, the members of such authority shall enter upon their duties. Any vacancy on the authority shall be filled by the governing authority of Terrell County and the person so selected and appointed shall serve for the remainder of the unexpired term. The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. The authority shall make rules and regulations for its own government. It shall have perpetual existence. (c) To be eligible for appointment as a member of the authority, a person shall be at least 18 years of age and have been a resident of Terrell County for at least one year prior to the date of such person s appointment and shall not have been convicted of a felony. (d) The members of the authority shall in April of each year elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall also elect one of their number as secretary, and may also elect one oftheir number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of one year

3960 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution. (e) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right ofthe quorum to exercise all ofthe rights and perform all of the duties of the authority. (f) A vacancy on the authority shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves such persons residence from the county; who is convicted ofany act of misfeasance, malfeasance, or nonfeasance of such person s duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by a resolution of the authority. (g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Terrell County or residents of any area affected by the actions of the authority. (h) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority."
SECTION 3. Said Act is further amended by striking in their entirety paragraphs (1) and (2) of
c subsection (a) of Section 4 and inserting in lieu thereof the following: 1) 'Airport' means any area of land or structure which is or has been used or which the authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters; all buildings, equipment, facilities, or other property and improvements ofany kind or nature located within the bounds of any such land area or structure which are or have been used or which the authority may plan to use or terminal facilities; all facilities of any type for the accommodation of passengers, maintenance, servicing, and operation of aircraft, business offices and facilities of private businesses and governmental agencies, and the parking ofautomobiles; and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private, and military aircraft including all land deeded to the authority by the City of Dawson and Terrell County, including, without limitation, aviation easements, and other real or personal property. (2) 'Authority' means the Terrell County Airport Authority created by this Act."

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SECTION 4. Said Act is further amended by striking in its entirety Section 14 and inserting in lieu thereof the following:

'SECTION 14. Credit not pledged.

Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Terrell County nor a pledge of the faith and credit of said county; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, cir contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.'

SECTION 5. Said Act is further amended by striking in its entirety Section 20 and inserting in lieu thereof the following:

'SECTION 20. Validation.

Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the 'Revenue Bond Law.' The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the Terrell County Airport Authority.'

SECTION 6. Said Act is further amended by striking in its entirety Section 30 and inserting in lieu thereof the following:

3962 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"SECTION 30. Effect on other governments.
This Act shall not and does not in any way take from Terrell County or any other municipality located in Terrell County or any adjoining county the authority to own, operate, and maintain projects or to issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond Law."
SECTION 7. This Act shall become effective on July 1, 2004.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Notice is hereby given that local legislation will be introduced in the 2004 General Assembly for the State of Georgia to amend certain provisions of the Dawson-Terrell County Airport Authority Local Act. The Amendment proposes to change the structure of the Airport Authority to provide that the Terrell County Commission will be the sole entity responsible for the local funding of the Authority, the selection of its members and the assumption of its debt. The Amendment proposes to remove the City ofDawson from any and all such matters, and for other purposes.
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 January 22, 2004, 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 lOth day of February, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia

GEORGIA LAWS 2004 SESSION
My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.

3963

WALKER COUNTY- WALKER COUNTY RURAL WATER AND SEWER AUTHORITY; MEMBERS; SELECTION; COMPENSATION; VACANCIES.
No. 686 (House Bill No. 1494).
AN ACT
To amend an Act creating the Walker County Rural Water and Sewer Authority, approved April 21, 1967 (Ga. L. 1967, p. 3370), as amended, so as to change provisions relating to the members of the authority and their selection; to change provisions relating to vacancies; to provide for compensation; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. An Act creating the Walker County Rural Water and Sewer Authority, approved April 21, 1967 (Ga. L. 1967, p. 3370), as amended, is amended by striking subsections (b), (d), (e), (h), and (j) of Section 2 and inserting in their place new subsections (b), (d), (e), (h), and (j), to read as follows:
'(b) The authority shall consist of five members, all of whom shall be residents of Walker County, Georgia, all of whom shall reside outside the corporate limits of any municipality in said county and shall at the time of appointment be users of the facilities of the authority. The provision relating to a member being a user shall not apply to the members of the authority originally appointed or to the members named in subsection (k) of this section. Notwithstanding any other provision herein, all members of the authority shall serve until their successors are appointed and qualified. To be eligible for appointment no member shall have been found guilty of a felony, and shall be at least 21 years of age and shall have been a resident of Walker County for at least two years prior to appointment: '(d) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the board shall appoint by majority vote a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere; who moves his or her residency outside of Walker County, Georgia, or into the corporate limits of any municipality in said

3964 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
county; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his or her duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without excuse approved by a resolution of the authority. Any member ofthe board may be removed for cause shown by a unanimous vote of the remaining members of the board.' "(e) Reserved." "(h) The members of the authority shall be entitled as compensation for their services an amount as established by resolution of the board not to exceed $1,500.00 per year, payable in equal monthly payments, except the chairperson, who shall be entitled to receive for his or her services an amount not to exceed $2,000.00 per year, payable in equal monthly payments, and additionally all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties, provided such expenses are based upon detailed expense reports approved by the board. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management of the authority.0 "(j) During the month of March in the year after the water system becomes operational, and in the month ofMarch in each year thereafter, a meeting ofthose persons, firms, corporations, companies, and organizations who use the facilities of the authority shall be called by the authority, after notice thereof has been published in the official newspaper of Walker County, at least ten days prior to the date ofsuch meeting, for the purpose ofelecting successors to those members whose terms expire in such year. If, for any reason whatsoever, the users of the systems shall fail to elect a member at any annual meeting, the remaining members of the authority shall appoint, by majority vote, a duly qualified person as a member of the authority to serve until the next annual meeting of the users. The authority is authorized to promulgate and adopt rules and regulations providing for the method and procedures for holding such annual meetings and elections."
SECTION2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act creating the Walker County Rural Water and Sewer Authority, approved April 21, 1967 (Ga. Laws 1967, p. 3370), as amended and for other purposes.

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3965

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Snow, who on oath deposes and says that he is the Representative from District I and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County on February 11, 2004, and that the notice requirements of Code Section 28-l-14 have been met.

s/MIKE SNOW Mike Snow Representative, District I

Sworn to and subscribed before me, this 13th day of February, 2004.

s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)

Approved May 17,2004.

PUTNAM COUNTY- HOMESTEAD EXEMPTION; SENIOR CITIZENS; BASE YEAR; COUNTY TAXES; REFERENDUM.
No. 687 (House Bill No. 1364).
AN ACT
To provide for a homestead exemption from Putnam County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that county who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3966 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalfofPutnam County, including, but not limited to, any ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., 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. (4) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b)( 1) Each resident of Putnam County who is a senior citizen is granted an exemption on that person s homestead from Putnam County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of the homestead. (2) In the event a senior citizen is granted the exemption under this Act and that person was receiving another base year assessed value homestead exemption with respect to Putnam County taxes for county purposes, the base year assessed value for purposes of the exemption under this Act shall be the most recent adjusted base year assessed value that person received pursuant to such other base year assessed value homestead exemption. (3) This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1ofthe base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) Any person who, as of December 31 of the year prior to the first year such person applies for and receives the homestead exemption under this Act, has applied for and is eligible to receive any other base year assessed value local homestead exemption with respect to Putnam County school district ad valorePl taxes for additional purposes shall be eligible automatically for the exemption granted by this Act without applying therefor. Otherwise, a person shall not receive the homestead exemption granted by subsection (b) ofthis section unless the person or person s agent files an application with the tax commissioner of Putnam County giving such personsage and such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial

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and continuing eligibility ofsuch owner for such exemption. The tax commissioner of Putnam County 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 so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county 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 or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes with the exception that it shall be in lieu of any other base year assessed value homestead exemption applicable to county ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2005.

SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Putnam County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Putnam County 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 Putnam County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Putnam County ad valorem taxes for county 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 for residents of that county who are 70 years of age or older?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 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

3968 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
on the first day of January immediately following that election date. The expense of such election shall be borne by Putnam County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State..
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to provide for a homestead exemption from Putnam County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value ofsuch homestead for residents ofthat county who are 70 years ofage or older; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mickey Channell, who on oath deposes and says that he is the Representative from District 77 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Eatonton
Messenger which is the official organ of Putnam County on January 29,2004, and
that the notice requirements of Code Section 28-1-14 have been met.
s/ MICKEY CHANNELL Mickey Channell Representative, District 77
Sworn to and subscribed before me, this 3rd day of February, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia

GEORGIA LAWS 2004 SESSION
My Commission Expires Aug. 25, 2007
(SEAL)
Approved May 17,2004.

3969

COLUMBIA COUNTY- CORONER; COMPENSATION; REPORTS.
No. 688 (House Bill No. 919).
AN ACT
To provide for the compensation ofthe coroner ofColumbia County; to provide for certain reports; to repeal previous Acts providing for the compensation of the coroner; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) The coroner of Columbia County shall receive an annual salary in the amount of$16,000.00 payable in equal monthly installments from the funds of Columbia County. (b) The coroner of Columbia County shall submit a monthly statement to the county treasury listing the number and type of investigations undertaken by the coroner.
SECTION 2. An Act to provide for the compensation, expenses, and benefits of the coroner of Columbia County, approved April20, 1998 (Ga. L. 1998, p. 4541), is repealed in its entirety.
SECTION 3. An Act to amend an act to provide for the compensation, expenses, and benefits of the coroner of Columbia County, approved April27, 2001 (Ga. L. 2001, p. 4516), is repealed in its entirety.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to provide for the compensation of the coroner

3970 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Columbia County; to provide for certain reports; to repeal previous Acts providing for the compensation of the coroner; to repeal conflicting laws; and for other purposes.
This lith day ofMarch, 2003.
Representative Ben Harbin 80th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben L. Harbin, who on oath deposes and says that he is the Representative from District 80 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Columbia News-Times which is the official organ of Columbia County on March 19, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
sf BEN L. HARBIN Ben L. Harbin Representative, District 80
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 May 17, 2004.
MCINTOSH COUNTY- BOARD OF EDUCATION; DISTRICTS.
No. 689 (House Bill No. 949).
AN ACT
To amend an Act creating the Board of Education of Mcintosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act
approved April14, 1997 (Ga. L. 1997, p. 4019), so as to provide new districts for

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the election of members; to renumber the education districts; to provide for the completion of terms; to provide that new districts and new numerical designations shall conform to those districts adopted for the board of commissioners in 1997; to provide for related matters; to provide for submission for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Board of Education ofMcintosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved April14, 1997 (Ga. L. 1997, p. 4019), is amended by striking Section 1 and inserting in lieu thereof a new section to read as follows:

'SECTION 1. The Board of Education ofMcintosh County shall be composed of five members to be elected from education districts. It is the intention of this Act that the physical boundaries and numerical designations of four of the five education districts shall become the same as the four districts for the election of members of the Board of Commissioners of Mcintosh County set forth in the description attached to an Act approved April14, 1997 (Ga. L. 1997, p. 4019) and that the members ofthe board shall continue to have staggered terms. The fifth education district, formerly designated as district 1, shall be composed of the entire county, and its designation shall be changed to district 5 as provided in Section 3 of this Act.'

SECTION 2. Said Act is further amended by striking subsection (a) of Section 3 and inserting in lieu thereof the following:
'(a)(1) The members in office on the effective date of this Act and any person selected to fill a vacancy in any such office shall complete their terms ofoffice. The terms for members representing former districts 1, 3, and 5 shall expire on January 1, 2005. For the purpose of electing successors to such members in 2004, the district formerly designated as district 1 shall be redesignated as district 5 and shall continue to be composed of the entire county. For such purposes, the district formerly designated as district 3 shall be redesignated as district 2 and the boundaries ofsuch district shall be the same as the boundaries set forth for district 2 in an Act approved April 14, 1997 (Ga. L. 1997, p. 40 19). For such purposes, the district formerly designated as district 5 shall be redesignated as district 4 and the boundaries of such district shall be the same as the boundaries set forth for district 4 in an Act approved April 14, 1997 (Ga. L. 1997, p. 4019). On and after January 1, 2005, the new designations and boundaries for such districts shall continue. Successors to members representing newly designated districts 2, 4, and 5 shall be elected in

3972 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2010 and shall take office on January 1, 2011, for terms of four years. Thereafter, successors shall be elected quadrennially and shall take office on the first day of January following their election. (2) Beginning January 1, 2005, the district formerly designated as district 2 shall be redesignated as district 1, and the boundaries of such district shall be the same as the boundaries set forth for district l in an Act approved Aprill4, 1997 (Ga. L. 1997, p. 4019). The member elected to represent the district formerly designated as district 2 shall be deemed to represent such district. (3) Beginning January l, 2005, the district formerly designated as district 4 shall be redesignated as district 3, and the boundaries of such district shall be the same as the boundaries set forth for district 3 in an Act approved Aprill4, 1997 (Ga. L. 1997, p. 4019). The member elected to represent the district formerly designated as district 4 shall be deemed to represent such district. (4) For the purposes of electing a successor in 2006 to the member deemed to represent the district newly designated as district l, such district shall have the same boundaries as those set forth for district 1 in an Act approved Aprill4, 1997 (Ga. L. 1997, p. 4019). Such designation and boundaries shall continue on and after January 1, 2007, when such successor takes office. Thereafter, successors shall be elected quadrennially and shall take office on the first day of January following their election. (5) For the purposes of electing a successor in 2006 to the member deemed to represent the district newly designated as district 3, such district shall have the same boundaries as those set forth for district 3 in an Act approved Aprill4, 1997 (Ga. L. 1997, p. 4019). Such designation and boundaries shall continue on and after January l, 2007, when such successor takes office. Thereafter, successors shall be elected quadrennially and shall take office on the first day of January following their election. (6) Each member shall serve for a term of four years and until his or her successor is elected and qualified.'
SECTION3. The Board of Education of Mcintosh 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. This section and Section 3 ofthis Act and those provisions ofthis Act necessary for the election of members of the Board of Education of Mcintosh County in 2004 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2005.

GEORGIA LAWS 2004 SESSION
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

3973

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 an Act to provide for the election of members of the board of education ofMcintosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved Aprill4, 1997 (Ga. L. 1997, p. 40 19), so as to revise the districts for the election of members of the board; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, AI 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 Mcintosh County on March 27, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ AL WILLIAMS AI Williams Representative, District 128
Sworn to and subscribed before me, this 7th day of April, 2003
sf DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved May 17, 2004.

3974 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
FULTON COUNTY-FULTON COUNTY SCHOOL EMPLOYEES PENSION FUND; COST-OF-LIVING BENEFIT.
No. 690 (House Bill No. 975).
AN ACT
To amend an Act entitled "An Act to continue the Fulton County School Employees Pension Fund," approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved AprilS, 1994 (Ga. L. 1994, p. 4706), as amended, so as to change the provisions of such Act relating to the grant and calculation of cost-of-living benefit increases; to authorize the board of trustees of such retirement fund to grant such increase under certain conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled" An Act to continue the Fulton County School Employees Pension Fund," approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved April 5, 1944 (Ga. L. 1944, p. 4706), as amended, is amended by striking in its entirety Section 35 and inserting in lieu thereof the following:
'SECTION 35. Cost-of-living increase.
(a) Any other provision of this Act to the contrary notwithstanding, the pension benefits payable to members ofthis retirement fund shall be adjusted annually as provided in this subsection. The cost ofliving increases provided in this section shall be in lieu of any other cost of living adjustment provided by this Act. (b) Annually, on a date to be established by the board of trustees, the pension benefit being paid to each member who has received a benefit for at least twO years, any beneficiary of any such member, and each beneficiary who has received a benefit for at least two years shall be increased by an amount equal to 3 percent of the pension benefit being received by each such person on that date. (c) The board of education shall provide all funding necessary to implement the provisions of this section as provided in subsection (e) of O.C.G.A. Section 47-20-50."
SECTION2. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 ofTitle 47 ofthe Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise,

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this Act shall not become effective and shall be automatically repealed in its entirety on July l, 2004, as required by subsection (a) of Code Section 47-20-50.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2003 Session of the General Assembly of Georgia a bill to amend an Act continuing the Fulton County School Employees' Pension Fund, approved April 5, 1994, Ga.L. 1994, p. 4706, as amended, and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Bruce, who on oath deposes and says that he is the Representative from District 45 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 22, 2003, and that the notice requirements of Code Section 28-l-14 have been met.
s/ ROGER BRUCE Roger Bruce Representative, District 45
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 May 17, 2004.

3976 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF COCHRAN- CORPORATE BOUNDARIES.
No. 691 (House Bill No. 1044).
AN ACT
To amend an Act providing a new charter for the City of Cochran approved Aprill9, 2000 (Ga. L. 2000, p. 4634), so as to change the corporate boundaries of said city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. An Act providing a new charter for the City of Cochran approved Aprill9, 2000 (Ga. L. 2000, p. 4634), is amended by inserting immediately following subsection (a) of Section 1.11 a new subsection (a.l) to read as follows:
'(a.l) In addition to the territory included within the City of Cochran pursuant to subsection (a) of this section, the following described territory shall be included within the corporate boundaries of the City of Cochran:
'All that tract or parcel of land lying and being in the 21st Land District of Bleckley County, Georgia, containing 181.25 acres, more or less, and being more particularly described as follows:
BEGINNING at an iron pin located at the intersection of the original city limits of the City of Cochran with the southeasterly right ofway of the Daisy Adams Road, and from said point of beginning thus established run thence north 47 degrees 06 minutes 22 seconds east a distance of 418.02 feet to a point; thence run north 58 degrees 55 minutes 43 seconds east a distance of 48.81 feet to a point; thence run north 47 degrees 06 minutes 22 seconds east a distance of2,323.19 feet along the southeasterly right of way of the Daisy Adams Road to an iron pin located at the intersection of the southeast right ofway of the Daisy Adams Road with the southwest right of way of Georgia Bypass 87; thence run south 42 degrees 58 minutes 06 seconds east along the southwest right of way of Georgia Bypass 87 a distance of 1,578.40 feet to an existing concrete right of way monument; thence run south 21 degrees 38 minutes 07 seconds east a distance of 7.66 feet to an existing concrete right of way monument; thence run south 44 degrees 43 minutes 0 1 seconds east a distance of 100.82 feet to an existing concrete right ofway monument; thence run south 43 degrees 05 minutes 00 seconds east a distance of496.50 feet along the southwest right of way of the Georgia Bypass 87 to an iron pin; thence run south 49 degrees 20 minutes 00 seconds east a chord distance
of637.91 feet along the southwest right of way of Georgia Bypass 87 to an
iron pin; thence run south 55 degrees 35 minutes 00 seconds east a distance of 783.83 feet along the southwest right of way of Georgia Bypass 87 to: iron pin; thence run south 49 degrees 05 minutes 00 seconds east a cho

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distance of 633.89 feet along the southwest right of way of Georgia Bypass 87 to an iron pin; thence run south 42 degrees 35 minutes 00 seconds east a distance of 51.34 feet along the southwest right of way of Georgia Bypass 87 to an iron pin; thence run north 89 degrees 22 minute 13 seconds west a chord distance of2, 132.52 feet to a point; thence run north 80 degrees 18 minutes 41 seconds west along the northwest right of way of Georgia Highway 126 a distance of 1,674.57 feet to a point; thence run south 46 degrees 35 minutes 16 seconds west along the northwest right of way of Georgia Highway 26 a distance of 512.99 feet to a point; thence run north 40 degrees 46 minutes 26 seconds west a chord distance of 1,522.94 feet to an iron pin and the point ofbeginning of the property herein described.'

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 introduces at the regular 2003 session of the General Assembly ofGeorgia Bill to amend an Act to provide a new charter for the City ofCochran, approved Aprill9, 2000 (Ga.L.2000, p. 4364), so as to change the corporate boundaries; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry 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 Cochran Journal which is the official organ ofBleckley County on Aprill5, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TERRY COLEMAN Terry Coleman Representative, District 118
Sworn to and subscribed before me, this 25th day of April, 2003.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)

3978 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved May 17, 2004.
LUMPKIN COUNTY- HOMESTEAD EXEMPTION; 70 YEARS OF AGE OR OLDER; SCHOOL TAXES; REFERENDUM.
No. 692 (House Bill No. 1084).
AN ACT
To provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
( 1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Lumpkin County school district, including, but not limited to, ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the 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. (3) "Senior citizen" means a person who is 70 years of age or over on or before January l of the year in which application for the exemption under this Act is made. (b) Each resident of the Lumpkin County school district who is a senior citizen is granted an exemption on that person s homestead from all Lumpkin County school district ad valorem taxes for educational purposes in the amount of$120,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the taX commissioner of Lumpkin 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 regarding the initial and continuing

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eligibility of such owner for such exemption. The tax commissioner 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) ofthis section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty ofany person granted the homestead exemption under this Act to notify the tax commissioner of Lumpkin County 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 any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to Lumpkin County school district ad valorem taxes for educational purposes. (f) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2005.

SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Lumpkin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Lumpkin County school district for approval or rejection. The election superintendent shall conduct that election on the date of the 2004 general primary 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 ofLumpkin County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Lumpkin County school district ad valorem taxes for
NO ( ) educational purposes in the amount of$120,000.00 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-halfof 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

3980 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of such election shall be borne by Lumpkin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years or older; and for other purposes.
This 16th day of December, 2003.
Representative Amos Amerson 9th District
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 oflntention to Introduce Local Legislation was published in the Dahlonega Nugget which is the official organ of Lumpkin County on December 24, 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 12 day ofJanuary, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

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My Commission Expires Nov. 18, 2005 (SEAL)

Approved May 17, 2004.

COFFEE COUNTY- JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS.
No. 693 (House Bill No. 1104).
AN ACT
To provide that future elections for the office of probate judge of Coffee 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 Coffee 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 Coffee 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.
SECTION3. The governing authority of Coffee 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 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

3982 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 oflaws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2004 session of the General Assembly of Georgia a bill to provide that the office of Coffee County Probate Judge shall be elected on a nonpartisan basis and for other purposes.
This the 24th day of November, 2003.
Honorable Chuck Sims Representative 130th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Sims, who on oath deposes and says that he is the Representative from District 130 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Coffee County News which is the official organ of Coffee County on November 28, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHUCK SIMS Chuck Sims Representative, District 130
Sworn to and subscribed before me, this 12 day of January, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.

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CITY OF GARDEN CITY - GARDEN CITY CONVENTION AND VISITORS BUREAU AUTHORITY; CREATION.

No. 694 (House Bill No. 1115).

AN ACT

To create the Garden City Area 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 Garden City, Georgia; to provide for its creation and organization; to provide for the membership of the authority and the terms of office and compensation of the members thereof; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Garden City Area Convention and Visitors Bureau Authority Act."

SECTION 2. (a) The Garden City Area Convention and Visitors Bureau Authority shall consist of 11 members, nine of which shall be regular members and two of which shall be ex officio members. All 11 members of the authority shall be at least 18 years of age and residents of the City of Garden City or owners or employees of businesses within the city. At least four of the nine regular members shall be either an owner, operator, or manager of a hotel, motel, or restaurant in the city. The mayor and each city councilperson shall appoint one regular member ofthe authority and there will always be one regular authority member representing the mayor and each of the seven council posts. The members of the authority who represent a city councilperson or the mayor shall serve of the time served by the councilperson or mayor who appointed them, with a new appointment to be made when there is a new mayor or city councilperson. In addition, the mayor and city council shall inake a joint appointment ofone regular member for a one-year term, who shall not be an owner, operator, or manager of a hotel, motel, or restaurant. Said joint appointee shall initially serve from the time of his or her appointment until January 1, 2005. Thereafter, said joint appointee shall serve for a two-year term. Appointments of the members representing a city councilperson or the mayor shall be made within 45 days of the date on which the councilperson or mayor takes office and the joint appointment ofthe mayor and city council shall be made within 45 days of the first meeting of the mayor and city council in January of each year.

3984 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The three city councilmembers serving a four-year term commencing January 1, 2004, shall each appoint a member of the authority who shall be an owner, operator, or manager of a hotel, motel, or restaurant. The four city councilmembers serving two-year terms commencing January 1, 2004, and four-year terms thereafter shall each appoint a regular member of the commission who is not an owner, operator, or manager of a hotel, motel, or restaurant. The mayor shall appoint a regular member who is an owner, operator, or manager of a hotel, motel, or restaurant. The joint appointment of the mayor and city council shall not be an owner, operator, or manager of a hotel, motel, or restaurant. (c) In addition to the nine regular members, there shall be two ex officio members of the authority. These members shall be the executive director of the Garden City Convention and Visitors Bureau Authority, if any, and the City Administrator for the City of Garden City. Ex officio members shall not be entitled to vote, but otherwise shall have all powers and responsibilities of a regular authority member. (d) Any member can be removed by a two-thirds vote of the mayor and entire city council, with the mayor having the right to vote on the question of removal. (e) All the members of the authority shall serve without compensation; provided, however, the city council may reimburse authority members for reasonable expenses incurred in connection with their service as authority members. (f) All members of the authority, except the ex officio members, shall be nominated by a private sector, nonprofit organization.
SECTION3. The authority shall elect a chairperson, vice chairperson, and secretary-treasurer from its membership. Officers shall be elected on a calendar year basis but may be reelected for succeeding terms. The chairperson shall be entitled to vote on all issues.
SECTION 4. The authority shall have the power to employ an executive director as may be necessary in the operation of the authority's activities, to whom in tum shall be delegated the authority and responsibility necessary to administer properly the business ofthe authority and its agencies created in this Act or at a later date, within policies set by the authority and subject to its review. The executive director shall have full charge of the offices and all of the employees and shall have the authority to recommend to the authority the hiring and termination of the employees. The authority shall have the authority to establish salaries and compensation for said executive director and all of its employees.
SECTION 5. (a) The authority shall meet at such times as may be necessary to transact the business coming before it. Meetings of the authority shall be open to the public in accordance with the laws of this state. Written minutes ofall meetings shall be kept and, within ten days of every meeting, a copy of the minutes shall be furnished to

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the mayor and city council. Meetings shall be conducted in accordance with Robert's Rules of Order. (b) At least five regular members of the authority shall constitute a quorum for the transaction of any business, including election of officers. The majority of the votes cast shall determine all questions and elections.

SECTION 6. (a) The duties of the authority shall be to:
( 1) Promote tourism, trade, and conventions for the City of Garden City; (2) Study, investigate, and develop plans for improving tourism in the City of Garden City and the area and doing such things as tend to bring visitors and conventions into the city; (3) Advise and recommend plans to the city council and departments of the city for the development of tourism in the city; and (4) Otherwise promote public interest in the general improvement of tourism in the city. (b) 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?. (a) The authority shall have all powers necessary or convenient to carry out and effectuate the purpose and provisions ofthis Act, including, but without limiting the generality of the foregoing, the power:
(!) To sue and be sued in contract and in tort and to complain and defend in all courts; (2) To adopt and alter a corporate seal; (3) To acquire in its own name real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes by purchase on such terms and conditions and in such manner as it may deem proper or by gift, grant, lease, or otherwise; to insure the same against any and all risks as such insurance may, from time to time, be available; and to use such property, rent or lease the same to or from others, make contracts with respect to the use thereof, or sell, lease, or otherwise dispose of any such property in any manner it deems to the best advantage of the authority and the purposes thereof Title to any such property of the authority shall be held by the authority exclusively for the benefit of the public; (4) To exercise any one or more ofthe powers, rights, and privileges conferred by this Act either alone or jointly or in common with one or more other parties, whether public or private. In any such exercise of such powers, rights, and privileges jointly or in common with respect to the construction, operation, and maintenance of projects, the authority may own an undivided interest in such projects with any other parties, whether public or private. The authority may enter into agreements with respect to any project with the other parties participating therein, and any such agreement may contain such terms,

3986 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
conditions, and provisions consistent with this Act as the parties thereto may deem to be in their best interest; (5) To make and exercise contracts, agreements, and other instruments necessary or convenient to exercise the powers ofthe authority or to further the public purpose for which the authority is created; (6) To borrow money to further or carry out its public purpose and to execute notes, other obligations, leases, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable in the judgment of the authority to evidence and to provide security for such borrowing; (7) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantee, or other financial assistance in furtherance of the authority's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (8) To enter into agreements with the federal government, state government, or any agency thereof to use the facilities or services of the federal government, state government, or any agency thereof in order to further or carry out the public purposes of the authority; (9) Subject to proper appropriation to the authority, to receive and use the proceeds of any tax levied by a political subdivision or taxing district of the state to pay the cost of any project or for any other purpose for which the authority may use its own funds pursuant to this Act; (10) To accept donations and appropriations of money, services, products, property, and facilities for expenditure and use by the authority for the accomplishment of its purpose; ( 11) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to include in its bylaws; ( 12) To invest any accumulation of its funds in any manner that public funds of the state or its political subdivisions may be invested; and (13) To do any and all things necessary or proper for the accomplishment of the objectives of this Act and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the public purpose of the authority or the Constitution and 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 elsewhere in this Act and no such power limits or restricts any other power of the authority.
SECTION 8. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare ofthe people of the City of Garden City,

GEORGIA LAWS 2004 SESSION

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and not for purposes of private or corporate benefit and income, and such properties, to the extent of the authority's ownership therein, the authority, all income and obligations of the authority, and all transfers of such property 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 that are now granted to cities and counties for the operation of properties or facilities similar to properties and facilities to be owned or operated, or both, by the authority.

SECTION9. Neither the members of the authority nor any person executing notes or obligations on behalf of the authority shall be personally liable thereon by reason of said execution.

SECTION 10. The authority shall submit an annual budget to the mayor and city council of the City of Garden City which, upon approval by the city council, may in the discretion of the city council be funded from the revenue received by the city from the hotel-motel tax, provided the authority complies with any provisions relative to the expenditure of said revenue contained in Article 3 of Chapter 13 of Title 48 of the O.C.G.A. as now or hereafter in effect and any other criteria deemed proper by the mayor and city council.

SECTION 11. The mayor and city council of the City of Garden City shall be authorized, by and through a committee of their own number or by any person they may select, to inspect at their pleasure the state and condition of the authority and the property thereto belonging and also all books and accounts pertaining to the affairs of the authority and the authority shall give and furnish them any reasonable facility and assistance in making such inspections.

SECTION 12. The Garden City Area Convention and Visitors Bureau Authority shall not have the power or authority to bind the City of Garden City by any contract, agreement, financial obligation, or indebtedness or otherwise. No contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the city.

SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

3988 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2004 regular session of the General Assembly ofGeorgia a bill to create the Garden City Area 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 convention for Garden City, Georgia; to provide for its creation and organization; to provide for the membership ofthe authority and the terms of office and compensation of the members thereof; top provide for meetings; to provide for legislative finds and declaration ofpurpose; to provide for general powers; to provide for rules and regulations; 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, Ron Stephens, who on oath deposes and says that he is the Representative from District 123 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on January 7, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RON STEPHENS Ron Stephens Representative, District 123
Sworn to and subscribed before me, this 12th day of January, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.

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CITY OF BROOKLET- NEW CHARTER.

No. 695 (House Bill No. 1127).

AN ACT

To provide a new charter for the City of Brooklet; 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 a sewerage and drainage system and all matters relative thereto; to provide for streets, sidewalks, public places, and railroads and all matters relative thereto; 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 severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS

SECTION 1-1. Name and incorporation.

This city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style Brooklet, Georgia, and by that name shall have perpetual succession. The City of Brooklet, in the County of Bulloch, is hereby incorporated.

3990 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1-2. Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective date 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 clerk of the city, or alternatively, in the office of the zoning administrator, and to be designated, as the case may be: "Official Map of the corporate limits/zoning classifications ofthe CityofBrooklet, Georgia." Photographic, typed, or other copies of such map or description certified by the 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 or changes in zoning classifications. All such modifications shall be noted on such map by the zoning administrator. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1-3. 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 1-4. Examples of powers.
The powers of the city shall include, but not be limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl and to provide for the impoundment ofsame 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;

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(3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, heating and air conditioning codes; and to regulate all housing and building trades; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary; to place for bid or otherwise privatize garbage, refuse, or trash collection as is deemed by the city as appropriate; 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;

3992 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and parks 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 ofthe city and to confer upon such 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 ofraising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; ( 18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property in fee simple or lesser interest within or outside the property limits of the city; ( 19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose ofpublic utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage or garbage disposal, gas works, electrical plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for (A) refusal and failure to pay the same or (B) violation of any ordinance; (21) Nuisance. To declare what shall constitute a nuisance within the limits of the City of Brooklet and to pass such ordinances as are necessary to prevent the same, and by ordinance to empower the municipal court of the city to abate same and authorize the removal of such nuisance within the city limits of the City of Brooklet and to punish the person, persons, firms, or corporations causing or allowing such nuisance to exist, and to provide for the assessment of the expense of the removal of such nuisance against such person, persons, firms, or corporations causing or continuing the same and to provide for the collection of such expense by execution, the execution to have the same force and effect as city tax executions; (22) Penalties. To provide comprehensive penalties for the violation of ordinances. Whenever any act within the city is prohibited or is made or declared

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to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of such provision shall be punishable by the imposition of a fine not to exceed $1 ,000.00, by imprisonment in the county jail for a period of time not to exceed 60 days, or by both such fine and imprisonment, or up to the limits of any penalty provided by state law for the ordinance; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; to provide for the position ofa zoning administrator; and to provide subdivision regulations and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for police and fire-fighting services; (25) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To privatize, grant franchises, or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as they are 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;

3994 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(32) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending for a sewage disposal plant and sewage system and to levy on those to whom sewers and sewage 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 ofgarbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials, the use oflighting 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, adult entertainment facilities, 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; and (39) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carrY into execution all powers granted in this charter as fully and completely as ifsuch powers were fully stated in this charter; and to exercise all powers now or in th~ future authorized to be exercised by municipal governments under other laws 0 the State of Georgia; and no listing of particular powers in this charter shall be

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held to be exclusive of others, nor restrictive of general words and phrases of granted powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws ofthe State of Georgia.

SECTION 1-5. 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 2-1. City council creation; number; election.

The municipal government of the City of Brooklet shall consist of the mayor and five members of council who are constituted a body corporate under the name and style of the "Mayor and City Council of Brooklet," and by such name they shall have perpetual succession.

SECTION 2-2. Terms and qualifications for office.

(a) The mayor and members of the city council shall serve for terms of four years and until their respective successors are duly elected and qualified. No person shall be eligible to serve as councilmember unless he or she has been a resident of the city for 12 months immediately preceding the election. Each member of the city council shall continue to reside within the city during his or her entire term of office and shall be registered and qualified to vote in the municipal elections of the city. (b) Persons qualifying for the city council must have attained the age of 18 years. (c) Persons qualifying for the position of mayor shall have attained the age of 18 years and must have been a resident of the City of Brooklet for at least 12 months.

SECTION 2-3. Designation of council posts.

In order to provide for the staggered election of councilmembers, the council ofthe City of Brooklet is divided into five councilmember posts:
The position presently occupied by Councilman Randy Newman is designated Councilmember Post No. 1; the position presently occupied by Councilman

3996 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Nicky Gwinnett is designated Councilmember Post No.2; the position presently occupied by Councilperson Sylvia Prosser is designated Councilmember Post No. 3; the position presently occupied by Councilman Fred Rich is designated Councilmember Post No.4; and the position presently occupied by Councilman Aubrey Wynn is designated Councilmember Post No. 5. Elections shall be held in the year 2003 and thereafter every four years for the mayor and the councilmembers for Post Numbers 1 and 2, such individuals to be elected for four-year terms of office. Elections shall be held in the year 2005 and thereafter every four years for councilmembers for Post Numbers 3, 4, and 5, such individuals to be elected for four-year terms of office.

SECTION 2-4. Oath of office.

The oath of office to be administered to newly elected members of council and the

mayor shall be as follows:

"I do solemnly swear or affirm that:

I will faithfully execute the office of

ofthe City

of Brooklet, and to the best of my ability support and defend the Constitution

of the United States, the Constitution of Georgia, and the charter, ordinances,

and regulations of the City of Brooklet;

I am not the holder of any unaccounted for public money due this state or any

political subdivision or authority thereof;

I am not the holder of any office of trust under the government of the United

States, any other state, or any foreign state which by the laws of the State of

Georgia I am prohibited from holding;

I am otherwise qualified to hold said office according to the Constitution and

laws of Georgia;

I have been a resident of the City of Brooklet for the time required by the

Constitution and the laws of this state;

I will perform the duties ofmy office in the best interest of the City ofBrooklet

and to the best of my ability without fear, favor, affection, reward or

expectation thereof."

SECTION 2-5. Vacancy declared in office of mayor and council if officer
changes residency to one outside city.

The mayor and each member of the council of the city shall reside within the corporate limits of the city during their terms of office. If any officer changes residency to one outside of the city, such office shall be declared vacant.

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SECTION 2-6. Filling vacancy in office of mayor or member of council.

(a) In case of a vacancy in the office of mayor or councilmember caused by death, resignation, failure to elect, or removal of residency, or for any other reason, the city will hold an election to elect a mayor or councilmember for the unexpired term, in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (b) The mayor and councilmembers elected as provided in this section shall take the oath of office prescribed in Section 2-4 of this charter before entering upon the duties of office.

SECTION 2-7. Mayor pro tempore; selection, function, duties.

The city council shall, at its first meeting after election and qualification, elect one of its members as mayor pro tempore, who shall, in the absence or disqualification of the mayor, be the presiding officer of the city council, shall be allowed to vote on all questions, and shall, in the absence or disqualification of the mayor, exercise all the functions of the office of mayor and all the duties, powers, rights, and privileges conferred by this charter upon the mayor.

SECTION 2-8. Meetings, minutes, proceedings of council.

(a) The city council shall be presided over at its meetings by the mayor or, in his or her absence, by the mayor pro tempore. Three councilmembers shall constitute a quorum and shall be authorized to transact the business of the council. In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact the business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. The council shall cause to be kept in a well-bound book an accurate record ofall its proceedings, bylaws, acts, orders, ordinances, and resolutions, which book shall be fully indexed and open to the public. The council shall hold monthly, semimonthly, or weekly sessions as it may determine, and the mayor, mayor pro tempore, or three members ofcouncil may cause to be held such other and additional meetings as emergencies may require, in the discretion of the mayor, mayor pro tempore, or councilmembers. (b) The city council shall have power and authority to enact such ordinances from time to time as it may deem necessary to enforce the provisions of this charter. Voting on the adoption of ordinances shall be taken by a voice vote and shall be recorded in the official minutes, but any member of the council shall have the right to request a roll-call vote. The affirmative vote of a majority of the members

3998 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
present shall be required for the adoption of any ordinance, resolution, or motion, except as otherwise provided in this charter. (c) The city council shall hold regular meetings at such times and places as prescribed by ordinance. Unless otherwise modified by ordinance, the regularly scheduled monthly meeting of the mayor and city council shall be at 7:00P.M. on the third Thursday of each month. Regular monthly meetings may be rescheduled in the event of conflicts or other circumstances. (d) Special meetings of the city council may be held on call of the mayor or a majority of 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 of the mayor and all councilmembers who are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember or mayor 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 or mayor's presence. Only the business stated in the call may be transacted at the special meeting. (e) 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 24 hours prior to such meetings. (f) Executive sessions of the council may be held for the purpose of conducting business excepted from public access requirements as authorized by Code Sections 50-14-2 and 50-14-3 of the O.C.G.A. Where a meeting ofthe council is devoted in part to matters within the authorized exceptions to public access requirements, any portion of the meeting not subject to any such exceptions shall be open to the public. No executive session shall be held except pursuant to a majority affirmative vote ofthe city council taken in a public meeting. The minutes of the public meeting shall reflect the names of councilmembers present, those voting for the executive session, and the specific reasons for the executive session. Minutes of the executive session may be maintained by the clerk of the city council upon a majority vote of the council. Any such minutes shall be maintained in a confidential file and shall not be subject to disclosure, except that disclosures of such portions of minutes identifying real estate to be acquired by the council may only be delayed until such time as the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings have been initiated. (g) All councilmembers except the mayor shall have one vote each. As noted in Section 2-10 of this charter, the mayor shall have one vote if and only if there is a tie in the votes of the other councilmembers. (h) The city council may have posted any measure, ordinance, or resolution at such place in the city as it may direct for the information of the public, or it may have the same published in any newspaper of the city, but failure to so post or publish ~y ordinance, measure, or resolution shall in no way operate to render the same votd.

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SECTION 2-9. Committees.

(a) The mayor and city council shall create by ordinance such committees as they deem necessary to oversee the operation and provision of the city services and the administration of city government. The following committees shall be standing committees: police, fire, streets, water and sewer, finance, and solid waste disposal. Each committee shall consist of at least one councilmember. (b) Each committee provided for in this section shall meet periodically with the department heads and other appropriate employees or appointees from the committee's assigned area of services. The committee shall recommend to the mayor and the city council such policies and measures deemed necessary and expedient for the health, safety, and welfare of the city or for the implementation or improvement of the provisions of city services. Each committee shall oversee and recommend the preparation ofannual budgetary requests to the mayor and city council for the committee's assigned area of services. Each committee shall also review bids; review and recommend major construction and infrastructure repairs and improvements; hear policy appeals related to its department or assigned area of services; and perform such other duties as requested by the mayor and city council.

SECTION 2-10. Mayor.

(a) The mayor is responsible for the orderly conduct of the meetings. In order to fulfill this duty, the mayor must enforce the rules of procedure that are adopted by the city council. The mayor shall be impartial and conduct the meetings in a fair manner. The mayor may not introduce motions or second a motion except that the mayor may introduce or second a motion to go into executive session. (b) The mayor shall not vote, except in the case of a tie vote among the councilmembers, in which case the mayor may then vote to break the tie. The mayor shall propose appointments to various boards, authorities, councils, and committees, which appointments must be subsequently ratified by majority of the city council, all subject to statutes of general application.

SECTION 2-11. Compensation and expenses.

The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.

4000 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2-12. Holding other office; voting when personally interested; nepotism.
(a) Except as authorized by law, neither the mayor nor any councilmember shall hold any other city office or city employment during the term for which he or she has been elected. (b) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which he or she is personally interested. (c) No immediate family member of the mayor or any councilmember shall be employed by the city during the term for which the mayor or councilmember has been elected. (d) Neither the mayor of the city nor any member of the city council nor any other officer of the city shall be personally interested, directly or indirectly, in any contract made by the city or receive any profit or compensation for any purchase or sale of material or other article sold to the city or paid for out of the public revenues of the city.
SECTION 2-13. Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by this charter or ordinance.
SECTION 2-14. Rules of procedure.
(a) Main motion. In order for the council to take any official action on any subject, a councilmember must propose a main motion. A proposed main motion will not be recognized by the mayor until another councilmember agrees to second the motion. This section does not require the councilmember seconding the motion to support the motion. A councilmember may withdraw a main motion that he or she has made at any time before the council has voted on the motion.
(b) Debate. After the main motion is recognized by the mayor, the council s~l debate the motion. The debate shall be managed by the mayor in a manner that 18
fair to all members of the council. During the course of the deba~ councilmembers may introduce subsidiary motions that propose that the council take a particular action on a motion, i.e., to postpone indefinitely, amend, refer~ committee, and postpone to a time certain. Subsidiary motions require a seco

GEORGIA LAWS 2004 SESSION

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before they can be voted on or debated. Motions to recess and adjourn require a second. (c) Voting procedure. Voting on motions shall take place in accordance with the following provisions:
( 1) If debate has been completed and no other councilmember wishes to speak, the mayor can call for the vote. If there are no objections, then the mayor can proceed with the vote; and (2) If the mayor calls for the vote and there is an objection, a member of the council may move to vote immediately. Ifthis motion is seconded and approved by a two-thirds' vote, debate will stop. The mayor will then read the proposed motion to the council and ask for the votes of the councilmembers.

SECTION 2-15. Ordinance form; procedures.

(a) All ordinances passed which amend, repeal, or in any way affect the Code must

be numbered in accordance with the numbering system of the Code and printed for

inclusion therein. In the case ofrepealed chapters, sections, and subsections or any

part thereof, by subsequent ordinances, such repealed portions may be excluded

from the Code by omission from reprinted pages affected thereby. The subsequent

ordinances as numbered and printed are omitted, in the case of repeal, shall be

prima-facie evidence of such subsequent ordinances until such time that the Code

and subsequent ordinances numbered or omitted are readopted as a new Code by

the city council.

(b) Amendments to any of the provisions of the Code may be made by amending

such provision by specific reference to the section number of the Code in the

following language:

"Section

of the Code of Ordinances, City of Brooklet, Georgia, is

hereby amended to read as follows ..."

The new section shall then be set out in full as desired.

(c) If a new section not heretofore existing in the Code is to be added, the

following language may be used:

"The Code of Ordinances, City of Brooklet, Georgia, is hereby amended by

adding a section (or article or chapter) to be numbered

, which section

reads as follows ... "

The new section may then be set out in full as desired.

(d) All sections, articles, chapters, or provisions desired to be repealed should be

specifically repealed by section, article, or chapter number, as the case may be.

(e) 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, that an ordinance shall not be adopted the same day

it is introduced, except for emergency ordinances provided for in Section 2-17 of

this charter. Upon introduction of any ordinance, the clerk shall as soon as possible

4002 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk at such other public places as the city council may designate.
SECTION 2-16. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2-17. Emergencies.
To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three 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 sh,all 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.
SECTION 2-18. 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:
( l) The requirements of Section 2-15 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

GEORGIA LAWS 2004 SESSION

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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 2-19 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 2-19. 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 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 "The Code of the City of Brooklet, Georgia." Copies of the Code shall be furnished to all officers, departments, and agencies of the city and may be made available for purchase by the public at a reasonable price as fixed by the city council.

SECTION 2-20. General power and authority.

Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city.

SECTION 2-21. Eminent domain.

The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.

4004 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE III ADMINISTRATION
SECTION 3-1. 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 spokesman 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 in the event of a tie vote and not be counted toward a quorum as any other councilmember; (6) Prepare and submit to the city council a recommended annual budget; (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish; (8) Supervise the administration of the daily operations ofthe city and to see that all ordinances, resolutions, regulations, and policies of the council are faithfully executed and enforced; and (9) Be the chief purchasing agent for the city and shall establish policies and procedures for procurement of all supplies and materials required by the city. The duty shall be fulfilled by either the mayor or his or her authorized designee. All purchase orders and contracts obligating the city for sums of less than $500.00 may be executed by the mayor. All contracts or purchase orders obligating the city for the expenditure of sums in excess of$500.00 shall, with the city council's approval, be executed by the mayor.
SECTION 3-2. Additional responsibilities.
The city council shall have full authority to assign additional responsibilities to the mayor or to restrict or modify the responsibilities previously assigned. The modification in responsibilities as contemplated herein may be established by the city council by ordinance, written directives to the mayor, modification of job descriptions, or by such other method as may be determined by the city council consistent with good management practices.

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SECTION 3-3. Officers and employees.

The mayor and city council have the power to appoint and, when necessary, to suspend the clerk, treasurer, attorney, judge, engineer, auditor, and such other officers and employees as are deemed necessary for the efficient administration and operation of the city government and the provisions of services. The mayor and city council shall have the power to create departments, offices, and agencies necessary for the administration of government and provision ofservices and shall have the power to hire, appoint, suspend, or remove subordinates in such departments, agencies, or offices; provided, however, that such appointments, suspensions, or removals shall be subject to the personnel policies adopted by the mayor and the city council. The appointment, suspension, or removal of any department head, the city clerk, the city engineer, city attorney, and city auditor shall be made directly by the mayor and city council, which shall establish a procedure for recruitment and review of candidates for open positions.

SECTION 3-4. Oaths, bonds.

All officers, employees, and appointees shall take an oath to perform faithfully the duties of their respective offices and give such bond and security as may be required and set by the mayor and city council.

SECTION 3-5. City clerk.

The city clerk shall be ex officio treasurer of the city, and the duties of the office shall be prescribed by the mayor and city council. The clerk shall be required to give such bond and security as the city council may fix, conditioned upon faithful performance ofthe duties oftreasurer ofthe city; provided, however, that the mayor and city council shall retain authority to separate by ordinance the office of clerk and treasurer, prescribe duties of each office, fix salaries, and require bonds and security.

SECTION 3-6. Administrative and service departments.

{a) Except as otherwise provided in this charter, the mayor and city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions ofemployment, departments, and agencies ofthe city as necessary for the proper administration of the affairs and government ofthis city.

4006 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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) There shall be a director ofeach department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor and city council, be responsible for administration and direction of the affairs and operations of his or her department or agency. (d) All appointed officers and directors of departments shall receive compensation as determined by council.
SECTION 3-7. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and 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 mayor and 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 for the original appointment, except as otherwise provided by this charter or by law. (f) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council during a regular or called meeting of the city council.
SECTION 3-8. City attorney.
The mayor and council may appoint a city attorney and shall provide for the payment of such attorney for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by him or her by virtue of his or her position as city attorney.

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SECTION 3-9. City clerk.

At the first regular meeting in January of each year, the mayor and council shall elect a clerk, a city marshal, and such other officers as they shall deem necessary. The mayor and council shall set the fees and salaries, set the amount of bond to be given by each, and prescribe the duties of each. Such officers shall hold their offices for one year and until their successors are elected and qualified; provided, however, that any of said officers may be removed at any time by a majority vote of the mayor and council for neglect of duty, incapacity, or misconduct in office. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council.

SECTION 3-10. City treasurer.

The mayor and council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions ofthis charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city treasurer may be the same person as the city clerk.

SECTION 3-11. City accountant.

The mayor and council shall appoint a city accountant to perform the duties of an accountant. The mayor and council shall provide for payment of such accountant for services rendered to the city. The city accountant shall perform the duties as prescribed by mayor and council.

SECTION 3-12. Personnel policies.

The city council shall adopt rules and regulations consistent with this charter concerning:
(I) The method ofemployee 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 elected;

4008 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
SECTION 3-13. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 ofTitle 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 3-14. Regular elections; time of holding.
On the first Tuesday ofNovember ofthe odd-numbered years beginning 2003 and on that day thereafter, there shall be a municipal general election. The terms of office shall be in accord with this charter and shall begin at the time of taking the oath of office which shall be at the January council meeting the year following the election.
SECTION 3-15. 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 3-16. Election by plurality.
The person receiving a plurality ofthe votes cast for any city office shall be elected.
SECTION 3-17. Special elections; vacancies.
In the event that the office of mayor or councilmember by reason of death, resignation, or other cause shall become vacant, the mayor shall order an election to fill such vacancy for the unexpired term of such official. A minimum of ten days notice, in writing, shall be given of such election by posting notices in at least three public places in the city. In the event that the office of mayor is vacated, the call for election shall be issued by the mayor pro tempore and, if there is no mayor pro tempore, the call shall be issued by the council. A person elected to fill sucb vacancy shall fill such vacancy for the unexpired term only.

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SECTION 3-18. Removal of officers.

(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of an officer pursuant to this section shall be accomplished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service ofsuch written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Bulloch 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 ofBulloch County, Georgia, following a hearing on a complaint seeking such removal brought by any resident of the City of Brooklet.

ARTICLE IV JUDICIAL BRANCH

SECTION 4-l. Creation; name.

There shall be a court to be known as the Municipal Court of the City of Brooklet.

SECTION 4-2. Judge of the Municipal Court of the City of Brooklet.

(a) The Municipal Court of the City ofBrooklet shall be presided over by a judge appointed by the mayor and council. The judge may also be removed for cause by a vote of three members of the city council. Compensation of the judge shall be determined by the mayor and council.

4010 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 of21 years and shall be a member of the State Bar of Georgia. (c) Before assuming office, the 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 4-3. Convening.
The municipal court shall be convened at regular intervals as determined by the mayor and council.
SECTION 4-4. 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 be in excess of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of$1 ,000.00, or imprisonment for 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. (d) 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, 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. (e) 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. (f) 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

GEORGIA VAWS 2004 SESSION

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warrants which may be served and executed by any officer as authorized by this charter or by law. (g) The 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. (h) 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. (i) The municipal court judge of the city is authorized to issue warrants for the arrest of all persons charged, upon affidavits made before the judge, with having committed within the limits of the City of Brooklet offenses against any ordinance of the city or penal law of the state, and to take examination of such persons, and the same to discharge or commit to the county jail or let to bail, according to law, to answer such charge before the court having jurisdiction, all of which warrants shall be addressed to "the chief of police of Brooklet, Georgia, or any lawful policeman thereof, and to all and singular the sheriffs, deputy sheriffs, and constables of this state," and any one of the officers shall have the same authority to execute the warrants as the sheriffs of this state have to execute criminal warrants.

SECTION 4-5. 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 Bulloch County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4-6. Rules of court.

With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts.

4012 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE V MUNICIPAL CLAIMS
SECTION 5-l. Execution to enforce collection.
The city council shall have the authority to enforce by execution the collection of any debt or claim due or to become due to the city for taxes, license fees, rents, impounding fees, fines, and forfeitures, for laying sewers and mains, and for abating nuisances, and for any and all levies, assessments, debts, or demands, due or to become due to the city; the executions to be issued by the clerk of the city council, signed by him or her and the mayor of the city, directed to the chief of police of the City of Brooklet, and to all and singular the sheriffs, deputy sheriffs, and constables of this state, by any one of whom the same may be executed, and who are authorized to levy the same upon the property against which it is issued, or on the property of the owner against whom such execution shall issue, and the same to be sold as provided by Code Section 48-5-350, et seq., of the O.C.G.A. in cases of sales for taxes.
SECTION 5-2. Payment of costs of execution, sale thereunder.
The cost of the issuing and levying of any execution authorized by this charter, and of the sale of any property under the same, shall be paid by the person against whom the execution shall issue, or paid out of the proceeds of the property levied on and sold; and the city council is authorized to prepare and establish a fee bill of the cost.
SECTION 5-3. Time, place, manner of execution; sale, delivery of title, possession.
It shall be the duty of the chief of police to levy all executions in favor of the city, and, after advertising for 30 days as sheriffs sales are advertised, he or she shall sell the property levied upon before the courthouse door in Bulloch County, on a regular sheriffs sale day, within the legal hours of sheriffs sales, at public outcry, to the highest bidder, and execute titles to purchaser, and shall have the same power toplace the purchaser in possession as sheriffs ofthe state have; provided, however; that, should any of the property levied upon, as before provided, remain in the hands of the levying officer and be of a perishable nature or liable to deteriorate in value from keeping, or should there be an expense attending the keeping of~ same (the same not being real estate), it may be sold as in such cases provided J.Jl Code Sections 9-13-163 and 9-13-164 of the O.C.G.A., except that the order to sell shall be obtained from the mayor. In the event the executions are levied by any

GEORGIA LAWS 2004 SESSION

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person authorized to levy and execute the same and not by the chief of police, the time, place, and manner of sale shall be the same as if levied by the chiefof police.

SECTION 5-4. Force, effect of execution.

The executions issued shall have the same force and binding effect as other executions for taxes; in case they are for ad valorem taxes due the city, and in case they are for other taxes, licenses, fines, forfeitures, or demands due the city, shall have the same force and binding effect as executions issued from the superior courts and justice courts of this state, and may be levied by any officer to whom hey are directed, upon any property in the state to execution.

SECTION 5-5. Defenses to executions.

The same right and privilege shall belong to the person against which executions are issued to file an illegality to the execution, and to any person not a party to the execution to file a claim to the property levied on and give bond, as if the executions issued from a superior court of this state. The paper connected with claim or illegality cases shall be returned to that court, according to the amount involved, in Bulloch County, as provided by the laws of Georgia, which has jurisdiction to try such claims and illegalities. In the event the real estate levied on lies in another county, then the paper connected with claim or illegality cases shall be returned to the court in the county where the land lies, according to the amount involved, which has jurisdiction to try similar claims and illegalities.

SECTION 5-6. Officer conducting execution sale to execute title, deliver possession.

In all cases, the officer conducting a sale under the execution shall execute title to the property sold and put the purchaser in possession of the same.

ARTICLE VI FINANCE

SECTION 6-l. 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

4014 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
services, for the repayment of principal and interest in general obligations, and for any other public purposes as determined by the city council in its discretion.
SECTION 6-2. Millage rate; due dates; payment methods.
The city council shall establish a millage rate for the city property tax, a due date, and a time period within which these taxes must be paid.
SECTION 6-3. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may 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 5-l of this charter.
SECTION 6-4. Licenses; permits; fees.
The city council by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 5-1 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates.
SECTION 6-5. Franchises.
The city council shall have the power to grant franchises for the use of this city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration of terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall ~ granted unless the city receives just and adequate compensation therefor. The ctty

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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.

SECTION 6-6. 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 5.I of this charter.

SECTION 6-7. 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, gutter, sewer, 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 5.1 of this charter.

SECTION 6-8. Construction; other taxes.

The city council 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 charter shall not be construed as limiting in any way the general powers of this city to govern its local affairs.

SECTION 6-9. Collection of delinquent taxes and fees.

The city council may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 5.I through 5.6 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.fa. s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

4016 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6-10. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to cany 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 issues by municipalities in effect at the time said issue is undertaken.
SECTION 6-11. 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 6-12. Short-term loans.
The city may obtain short-term loans and must repay such loans no later than December 31 of each year, unless otherwise provided by law.
SECTION 6-13. 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 6-14. Preparation of budgets.
The city council may provide an ordinance on detailed procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
SECTION 6-15. Budget.
Prior to the beginning of each fiscal year, the mayor and council shall adopt a budget. The budget as finally 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. Ifthe city council fails to adopt the budget

GEORGIA LAWS 2004 SESSION

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by the beginning of the fiscal year, the amounts appropriated 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. Following adoption of the budget, the city council shall levy such taxes as are necessary. The taxes and the tax rates set 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 budget for defraying the expenses of the general government of this city.

SECTION 6-16. Changes in appropriations.

The city council by ordinance may make changes in the appropriations contained in the current budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.

SECTION 6-17. Independent audits.

There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit ofany funds by the state or federal governments may be accepted as satisfying the requirement of this charter. Copies of all audit reports shall be available at printing costs to the public.

SECTION 6-18. Contracting procedures.

No contract with the city shall be binding on the city unless: (1) It is in writing; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to paragraph (9) of Section 3-1 ofthis charter.

SECTION 6-19. Sale of city property.

(a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided bylaw.

4018 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon adoption of a resolution by the city council, by 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 ofland is cut off or separated by such work from a larger tract or boundary ofland owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract ofland 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 swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII PLUMBING AND DRAINAGE
SECTION 7-1. Authority for establishing, maintaining, and extending a sewerage and drainage system.
The mayor and council for the city shall have authority to provide for the establishment and maintenance extension from time to time ofa system ofsewerage and drainage for the city and shall have power and authority to contract with any person or persons for the purchase of lands or premises to be used in connection therewith, whether inside or outside the city, and shall have the authority and power to condemn private property, either inside or outside the city, in the manner provided for by law for such purposes. The mayor and council shall have authority to purchase all machinery and plants, to make all contracts with the inhabitants of the city and with others for the furnishing of sewerage and drainage, and to do any and all things necessary for the establishment, operation, maintenance, and extension of the system of sewerage and drainage.
SECTION 7-2. Same - bond election authorized.
The mayor and council of the city shall have the authority and they are empowered to incur debt, including issuing general obligation or revenue bonds, for the purpose of establishing, improving, and extending a system of sewerage and drainage f~r the city, and for the purpose of carrying out the provisions of Section 7-1 ofthiS charter, in the manner consistent with the Constitution of the State of Georgia and the general laws of the State of Georgia.

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SECTION 7-3. Power, authority over pipes, sewers, private drains.

(a) The mayor and city council shall have full power and authority over and absolute control of all pipes, sewers, and private drains for filthy waters or other substances or fluids in the city; and full power and authority to limit or prescribe their location and structure, use, and preservation and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of the city. They shall have full power and authority over and absolute control of all receptacles or drains for filthy water or other fluids or substances to be used within the corporate limits of the city. They shall have power and authority to condemn and destroy any individual sewage disposal facilities or systems or other receptacle or drain now in use or hereafter to be erected and put in use which do not conform to and are not of the kind prescribed for use by the mayor and council of the city or Bulloch County Health Department, or both, or which may be detrimental to the public health. (b) The mayor and city council shall also have full power and authority to compel all property owners to connect individual sewage disposal facilities or systems or other receptacles or drains on the premises of such property owners with the sanitary sewer of the city, under such rules and regulations as may be prescribed by them; and if such property owner shall fail to connect any individual sewage disposal facilities or system or other receptacles or drain within the time and in the manner prescribed, which time shall not be less than 30 days, the city authorities may cause such connection to be made and provide all necessary fixtures therefor and assess the cost of the same against the real estate of the property owner and against the real estate so improved, which is declared to be a first lien on the real estate, superior to all other liens except liens for taxes; and the chief of police or marshal shall levy the same on the real estate, and advertise and sell the same in the manner as sheriffs sales under judgment and execution. The city may become the purchaser thereof if it chooses to offer the highest bid therefor at the sale. The officer making the sale is authorized to execute to the purchaser a deed to the property so sold, which shall pass the title thereto as fully and completely as sheriffs deeds under sales made by judgment and execution, and he or she shall proceed at once to dispossess the owner and put the purchaser in possession. The city authorities shall also have the right, power, and authority to arrest and prosecute the owner of such property and, if upon trial before the municipal court he or she is found guilty, to punish the owner for maintaining a nuisance. (c) The city authorities or any agent of the city shall have the right, power, and authority to enter and go upon or into any private house or other building for the purpose of inspecting the individual sewage facilities or systems and other drains and pipes, to remove the same whenever condemned, and to insert the connections and fixtures necessary to connect the same with the sanitation sewers of the city, without being deemed a trespasser or becoming responsible in any way to the owner or any tenant in possession of the same.

4020 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE VIII STREETS, SIDEWALKS, PUBLIC PLACES, AND RAILROADS
SECTION 8-1. General authority over streets, lanes, sideways, and public places.
The mayor and city council shall have full and complete power and authority over all the streets, lanes, alleys, sidewalks, crossings, parks, and public lands ofthe city. They shall have full and complete power and authority to manage, control, direct, work, grade, drain, and pave the same, or cause the same to be done. They shall have full and complete power and authority to remove or cause to be removed any building, stall, booth, tent, steps, gate, fence, post, wire, pole, or other obstruction or nuisance thereon; and if the owner of the same shall fail or refuse to remove the same within such reasonable time as may be fixed by the mayor and city council, after notice thereto served upon such owner or his or her agent or tenant in charge, then the city authorities may remove the same at the owner's expense, and execution shall issue against the owner for the expenses thereof, which owner shall be also subject to punishment for maintaining a nuisance. They shall have full and complete power and authority to regulate, lay out, open, grade, drain, and control new streets, lanes, alleys, crossings, and sidewalks whenever, in their discretion, it may be necessary or proper to do so: They shall have full and complete power and authority to condemn property and exercise the right of eminent domain for the purpose of laying out and opening new streets, lanes, alleys, and sidewalks and for extending, widening, straightening, grading, draining, or in any manner whatever changing the grade, street lines, and sidewalks ofthe city. Whenever the mayor and city council shall desire to exercise the power and authority granted in this section, they may do so whenever the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian, agent, or other fiduciary in the manner provided by Article IV, Section II, Paragraph V of the Constitution of the State of Georgia and Code Section 22-l-l, et seq., of the O.C.G.A.
SECTION 8-2. Authority to vacate, close, or abandon streets
or alleys to sell or alienate same.
The mayor and city council are given the authority to vacate, close, or abandon certain streets or alleys or both when in the opinion of the mayor and city council the vacating, closing, or abandonment ofthe streets or alleys will not inconvenience the general public. The mayor and city council are given the right to sell or alienate streets or alleys or both and to give a title thereto as in other cases of sales of municipal property.

GEORGIA LAWS 2004 SESSION

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SECTION 8-3. Bonds for street improvements.

The mayor and city council shall have power and authority to issue bonds for the purpose of street improvements including, but not limited to, paving in accordance with the Constitution and general laws of the State of Georgia.

ARTICLE IX GENERAL PROVISIONS

SECTION 9-1. 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 9-2. Existing ordinances, resolutions, rules, and regulations.

All ordinances, resolutions, rules, and regulations now in force in the city, not inconsistent with this charter, are declared valid and of full effect and force until amended or repealed by the city council.

SECTION 9-3. First election under this charter.

The first municipal election shall be the first Tuesday in November in 2003 at which time the appropriate council seats as designated in Section 2-3 ofthis charter shall be elected. All persons giving notice of candidacy for a city council seat shall designate the post being sought. Future elections to post positions shall be conducted as is provided by this charter.

SECTION 9-4. 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 as if the personnel and officers were appointed, hired, or elected under this charter.

4022 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 9-5. 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 9-6. Construction.
(a) Section captions in this charter are information only and are not to be considered as 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 term "gender" shall be interpreted as a word importing the masculine gender only and shall extend and be applied to females and to firms, partnerships, and corporations as well as to males or any other legal entity under federal or state law.
SECTION 9-7. Severability.
Ifany article, section, subsection, paragraph, sentence, or part hereofofthis charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionally shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
SECTION 9-8. Specific repealer.
An Act incorporating the City of Brooklet in the County of Bulloch, approved August 21, 1906 (Ga. L. 1906, p. 548), is repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts oflaws in conflict with this charter are repealed.

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SECTION 9-9. Effective date.

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

SECTION 9-10. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2004 session of the General Assembly ofGeorgia legislation to provide for a new Charter to replace the existing Charter of the City of Brooklet; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city; to provide for elections; to provide for taxation, licenses, and fees; to provide for bonded and other indebtedness; to provide for related matters; and for other purposes.

This 4th day of December, 2003.

Buddy Deloach, State Representative

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 oflntention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ ofBulloch County on December 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 12th day of January, 2004.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

4024 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.
RANDOLPH COUNTY- HOMESTEAD EXEMPTION; SENIOR CITIZENS; SCHOOL TAXES; REFERENDUM.
No. 696 (House Bill No. 1144).
AN ACT
To provide a homestead exemption from Randolph County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
( 1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Randolph County school district, including, but not limited to, ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the 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. (3) "Senior citizen" means a person who is 66 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of the Randolph County school district who is a senior citizen is granted an exemption on that person's homestead from all Randolph County school district ad valorem taxes for educational purposes in the amount of the full value of that homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the taX commissioner of Randolph 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 regarding the initial and continuing

GEORGIA LAWS 2004 SESSION

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eligibility of such owner for such exemption. The tax commissioner 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 this Act to notify the tax commissioner of Randolph County 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 any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to Randolph County school district ad valorem taxes for educational purposes. (f) The exemption granted by this Act shall apply to all taxable years beginning on or after January l, 2005.

SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Randolph County shall call and conduct an election as provided in this section for the purpose ofsubmitting this Act to the electors of the Randolph County school district for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November, 2004, 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 Randolph County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Randolph County school district ad valorem taxes for
NO ( ) educational purposes for the full value of the homestead for residents of that school district who are 66 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-halfof the votes cast on such question are for approval of the Act, Section l of this Act shall become of full force and effect on January 1, 2005. If the Act is not so approved or ifthe election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense

4026 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of such election shall be borne by Randolph County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to provide a homestead exemption from Randolph County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; 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 January 8, 2004, 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 12th day of January, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.

GEORGIA LAWS 2004 SESSION

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DOOLY COUNTY- BOARD OF COMMISSIONERS; COUNTY ADMINISTRATOR CREATED.

No. 697 (House Bill No. 1209).

AN ACT

To amend an Act creating the Board ofCommissioners ofDooly County, approved August 18, 1913 (Ga. L. 1913, p. 373), as amended, so as to create the office of county administrator; to provide for the powers, duties, and authority of the county administrator; to provide for the appointment, qualifications, removal, and compensation of the county administrator; to provide for an acting county administrator; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Board of Commissioners of Dooly County, approved August 18, 1913 (Ga. L. 1913, p. 373), as amended, is amended by adding a new section immediately following Section 2, to be designated Section 2A, to read as follows:

'SECTION 2A. (a) The office of county administrator ofDooly County is created. (b) The county administrator shall be appointed by majority vote of the board of commissioners to serve at the pleasure of said board for an indefinite term. (c) The county administrator shall be chosen by the board solely upon the basis of executive and administrative qualifications, with specific reference to actual experience in, or knowledge of, accepted practices with respect to the duties of the office as set forth in this section. (d) The county administrator may be removed by a majority vote of the total membership of the board of commissioners. The reasons for the removal shall be set forth in writing and provided to the county administrator within 48 hours of the vote. The county administrator shall be entitled to severance pay as outlined in an employment agreement executed by the county administrator and the county. In the event no such agreement exits, the county administrator shall receive severance pay equal to 90 days of base salary. No severance pay shall be provided to the county administrator if the termination is for reason of conviction of a felony. Nothing in this section shall prevent or interfere with the rights of the board of commissioners to terminate the services of the county administrator at any time, subject only to the provisions of this subsection. (e) The county administrator shall be paid an annual salary to be fixed by the board of commissioners, which shall be subject to adjustment annually based on

4028 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
an annual performance evaluation by the full board. The county administrator shall receive all across-the-board cost-of-living allowances and across-the-board wage and salary increases awarded to county employees, and shall receive, at a minimum, all employee benefits provided to county employees generally. (f) By letter filed with the county clerk, the county administrator shall designate a county officer or employee as acting county administrator to exercise the powers and perform the duties of county administrator during the county administrator s temporary absence or disability. The board of commissioners may revoke such designation at any time and appoint another officer of the county to serve as acting county administrator during the county administrators temporary absence or disability. In the event the position ofcounty administrator becomes vacant, the board of commissioners may appoint an acting county administrator to temporarily exercise the powers and perform the duties ofcounty administrator pending appointment of a new county administrator. (g) The county administrator and any acting county administrator shall be required to execute and deliver a good and sufficient bond payable to the board of commissioners of Dooly County in the amount of $25,000.00, and the premium therefore shall be paid by Dooly County. (h) The county administrator shall be the chief administrative officer of the county. He or she shall be responsible to the board of commissioners for the proper administration of the affairs of the county. It shall be the duty of the county administrator to:
(1) See that all ordinances, resolutions, rules and regulations of the board and all laws of the state subject to enforcement by county officers or department heads are faithfully executed; (2) Attend all meetings of the board, with the right to take part in the discussions in accordance with any rules adopted by the board of commissioners, but having no vote. The county administrator shall be entided to notice of all special meetings; (3) Prepare and submit to the board a proposed annual budget and a proposed capital program and to execute the budget and capital program adopted by the board, approving all disbursements and expenditures as budgeted or authorized by the board; (4) Examine regularly at periods fixed by the board of commissioners, the accounts, records, and operations of every county board, commission, department, office, and agency which receives appropriations from the said board; to make monthly reports to the board on county, fiscal, and other affairs; to keep the board fully advised on the financial conditions and future needs of the county; and to make such recommendations on county affairs as he or she deems necessary for the efficient operations of the county; (5) Submit to the board at the end of the fiscal year a complete report on the finances and administrative activities of the county for the preceding year;

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(6) Confer with and advise all other elected or appointed officials of the county who are not under the immediate control of the board, but who receive financial support from the board; (7) Supervise the performance of all contracts made by any person for work done for the county and supervise and regulate all purchases of materials and supplies for the county within such limitations and under such rules and regulations as may be prescribed by the board; (8) Exercise control over all departments or divisions of the county for which the board has responsibility, and to direct and supervise the administration of all county offices and the construction, maintenance, and operation of all county roads, bridges, drains, buildings, and other public works and the care and maintenance of all real and personal property owned by the county; (9) Appoint, and when in his or her discretion the welfare of the county requires it, suspend, discharge, transfer, or remove all employees for whom the board is responsible, except the county attorney who shall be appointed directly by the board. The county administrator may delegate to any department head such powers with respect to subordinates within that department; (l 0) Fix the salaries of all officers and employees of the county, subject, however, to budget appropriations and supervision and control by the board; (11) Supervise the programs of financial management, personnel administration, procurement, and risk management; and ( 12) Perform such other duties as may be required by the board. (i) The county administrator shall perform his or her duties under the direction of the board of commissioners and shall be responsible to the board of commissioners as a body. No member of the board of commissioners shall individually direct the county administrator or attempt to interfere in the performance of his or her duties, and the board of commissioners shall, except for the purpose offormal inquires and investigations, deal with county employees subject to the county administrator's direction or supervision solely through the county administrator. (j)( 1) The county administrator shall, no later than the last day of the seventh month of each fiscal year, submit to the board of commissioners a budget plan and calendar for developing a proposed budget for the ensuing fiscal year; and the county shall formulate and submit to the board of commissioners, no later than the last day of the tenth month of each fiscal year, a proposed budget for the ensuing fiscal year and an accompanying message. (2) The county administrator's message shall explain the budget both in fiscal terms and in terms of work programs. It shall outline the proposed financial policies of the county for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current fiscal year in financial policies, expenditures, and revenues, together with the reasons for such changes, summarize the county's debt position, and include such other material as the county administrator deems desirable.

4030 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) The proposed budget shall provide a complete financial plan of all county funds and activities for the ensuing fiscal year and, except as required by law, shall be in such form as the county administrator deems desirable or the board of commissioners may require. The proposed budget shall, at a minimum, include a clear general summary of its contents, and show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year. It shall indicate in separate sections:
(A) Proposed capital expenditures during the ensuing fiscal year, detailed for each fund by organization unit when practical, and the proposed method of financing each such capital expenditure; and (B) The anticipated income and expense and surplus or deficit for the ensuing year for each utility or other enterprise fund operated by the county. (k) The county administrator shall consult with the heads of county departments and constitutional officers and shall prepare and submit to the board of commissioners a proposed five-year capital program each year. It shall be submitted to the board of commissioners by the county administrator simultaneously with submission of the proposed budget for the ensuing fiscal year. The capital program shall include: (1) A clear general summary of its contents; (2) A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for each; (3) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (4) Method of financing upon which each capital expenditure is to reliant; and (5) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. (l) The county administrator, subject to supervision by the board of commissioners, shall: ( 1) Develop plans and programs to advance the health, safety, general welfare, and physical and economic development of the county and shall pursue grants-in-aid that may be available from time to time to help finance implementation of such programs; (2) Monitor the county s planning activities including those undertaken in response to the 'Georgia Planning Act' and the 'Georgia Comprehensive Solid Waste Management Act'; and (3) Cooperate with and coordinate the community improvement activities of independent authorities and agencies, county constitutional offices, the county planning commission, and county departments and other organizational components of the county government as necessary.0
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

GEORGIA LAWS 2004 SESSION

4031

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners ofDoolyCounty, approved August 18, 1913, (Ga. L. 1913, p. 373) as amended, and for other purposes.

This 9th day of January, 2004.

Representative Johnny W. Floyd 132nd District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Floyd, who on oath deposes and says that he is the Representative from District 132 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 Dooly County on January 15, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHNNY FLOYD Johnny Floyd Representative, District 132

Sworn to and subscribed before me, this 23rd day of January, 2004.

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

Approved May 17, 2004.

4032 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MORGAN COUNTY- BOARD OF EDUCATION; CHAIRPERSON AND MEMBERS; COMPENSATION.
No. 698 (House Bill No. 1217).
AN ACT
To amend an Act providing for the election of members of the Board ofEducation of Morgan County, approved March 28, 1985 (Ga. L. 1985, p. 4643), as amended, so as to change the compensation for the chairperson and members of the board; to provide for an annual increase in compensation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the election ofmembers ofthe Board of Education ofMorgan County, approved March 28, 1985 (Ga. L. 1985, p. 4643), as amended, is amended by inserting a new section to be designated Section 5.l to read as follows:
"SECTION 5.1. The chairperson of the board shall be compensated in the amount of$350.00 per month. The other members of the board shall be compensated in the amount of $275.00 per month. The compensation provided by this section shall be increased annually by 2 percent."
SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to change the compensation of the chairperson and members ofthe Board ofEducation ofMorgan County, and for other purposes.
This 13th day of January, 2004.

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s/ Dr. Patricia W. Stokes, Superintendent Morgan County Board of Education

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mickey Channell, who on oath deposes and says that he is the Representative from District 77 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Morgan County Citizen which is the official organ of Morgan County on January 15, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MICKEY CHANNELL Mickey Channell Representative, District 77

Sworn to and subscribed before me, this 26th day of January, 2004.

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

Approved May 17, 2004.

CITY OF HOMER- NEW CHARTER.
No. 699 (House Bill No. 1223).
AN ACT
To provide a new charter for the City of Homer; to provide for incorporation, boundaries, and powers of the 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

4034 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for 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 1.1. 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 Homer, Georgia, and by that name shall have perpetual succession.
SECTION 1.2. Corporate Boundaries.
The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries ofthis city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office ofthe city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Homer, Georgia." Photographic, typed, or other copies ofsuch 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.

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SECTION 1.3. 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 the State of Georgia 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 1.4. Examples of Powers.

These powers shall include, but not be limited to, the following: (I) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (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 ofthe 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 ofpayment of such regulatory fees and taxes; 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;

4036 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(7) 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; (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 oferosion and sedimentation, the management ofsolid 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 therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (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 9f health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies ofthe city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts ofthe city and to issue bonds for the purpose ofraising revenue to carry out

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any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulations and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal ofany building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment ofdrunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial;

4038 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 ofservice applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To layout, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights ofway 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 ofthe 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; to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;

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(36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State ofGeorgia; and no listing ofparticular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shalt"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 1.5. 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 2.1. 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

4040 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.
SECTION 2.2. City council terms and qualifications for office.
The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident ofthe city for 12 months prior to the date ofelection ofmayor or members ofthe council; each shall continue to reside therein during that member s period of service and to be registered and qualified to vote in municipal elections of this city. The existing mayor and councilmembers shall continue to serve until the expiration of their current terms.
SECTION 2.3. Vacancy; filling of vacancies.
(a) Vacancies. The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment ifless than 12 months remain in the unexpired term, otherwise by an election, as provided for in Section 5.5 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted.
SECTION 2.4. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.5. 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:
( l) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge ofthat

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person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official s judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract by the city with any business or entity in which the official has a financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official shall disqualifY himself or herself from participating in any discussion, decision, or vote relating thereto. (d) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city counciL (f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former

4042 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees. No appointive officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation.
( l) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph ( l) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
SECTION 2.6. 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. This provision is intended to allow the council to conduct comprehensive investigations of the city's affairs as well as the conduct of any of its departments, offices or agencies so as to maintain proper legislative oversight of city government The inquiries and investigations authorized may only be conducted by the council, not individual councilmembers, and only for the purposes of an official investigation.
SECTION 2.7. 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.

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SECTION 2.8. Organizational meetings.

In the first month of the year after each city council election, the city council shall hold an organizational meeting. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."

SECTION 2.9. 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, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember' s presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as 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 2.10. Rules of procedure.

(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions ofthis charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the city council and shall serve at the pleasure of the city council. The city council shall have the power to appoint new members to any committee at any time.

4044 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.11. Quorum; voting.
Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption ofordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall not be counted as a vote.
SECTION 2.12. Ordinance form; procedures.
(a) Every proposed ordinance should be introduced in writing and in the fonn required for final adoption. (b) An ordinance may be introduced by the mayor or any councilmember. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish.
SECTION 2.13. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance. Unless the charter requires the act to be done by ordinance, it generally may be done by resolution. In general, ordinances shall be enacted for legislative acts and resolutions shall be enacted for the administrative measures of the municipality.
SECTION 2.14. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon

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adoption or at such later time as it may specifY. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.

SECTION 2.15. 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. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

SECTION 2.16. 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 Homer, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies ofthe city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly follpwing its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

4046 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2.17. Election of mayor; forfeiture; compensation.

The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident ofthe city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.

SECTION 2.18. Mayor pro tern.

By a majority vote, the city council shall elect a councilmember to serve as mayor pro tern. The mayor pro tern 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 tern shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.5 of this charter.

SECTION 2.19. Powers and duties of mayor.

The mayor shall:

(a) Preside at all meetings of the city council;

(b) 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;



(c) Have the power to administer oaths and to take affidavits;

(d) 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;

(e) Vote on matters before the city council and be counted toward a quorum as

any other councilmember;

(f) Prepare and submit to the city council a recommended annual operating

budget and recommended capital budget; and

(g) Fulfill such other executive and administrative duties as the city council shall

by ordinance establish.

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ARTICLE III ADMINISTRATIVE AFFAIRS

SECTION 3.1. 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 ofemployment, departments, and agencies ofthe city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers ofthe city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by the city council from time to time. (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 appointive officers and directors under the supervision of the mayor shall be appointed by the city council. All appointive officers and directors shall be employees at will and subject to removal or suspension at any time by the city council unless otherwise provided by law or ordinance.

SECTION 3.2. 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 may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law.

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(f) All board members shall serve at will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (g) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its 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 3.3. City attorney.
The city council shall appoint a city attorney and shall provide for the payment of such attorney for services rendered to the city. The city attorney, either directly or through his or her designee, shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person s position as city attorney.
SECTION 3.4. 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 by this charter or by law.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.1. Creation; name.
Upon activation by action ofthe mayor and city council, there shall be a court to be known as the Municipal Court of the City of Homer.

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SECTION 4.2. Chiefjudge; associate judge.

(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member ofthe State Bar ofGeorgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges shall serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes ofthe city council journal required in Section 2.10 of this charter.

SECTION 4.3. Convening.

The municipal court shall be convened at regular intervals as provided by ordinance.

SECTION 4.4. 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 the maximum fines and jail time permitted by state law. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding the maximum fines and jail time permitted by state 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 that person's appearance and shall fail to appear at the time fixed for trial,

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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 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 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 4.5. 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 Banks County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.6. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

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ARTICLE V ELECTIONS AND REMOVAL

SECTION 5.1. 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 5.2. Regular elections; time for holding.

In odd-numbered years, on the Tuesday next following the first Monday in November there shall be an election for the mayor and the city council. The terms of office shall begin on January I following the November election.

SECTION 5.3. 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 5.4. Election by plurality.

The person receiving a plurality of the votes cast for any city office shall be elected.

SECTION 5.5. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.3 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

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SECTION 5.6. 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 ofTitle 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 5.7. 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:
(l) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Banks County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Banks County following a hearing on a complaint seeking such removal brought by any resident of the City of Homer.
ARTICLE VI FINANCE
SECTION 6.1. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of 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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SECTION 6.2. 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 6.3. 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 6.9 of this charter.

SECTION 6.4. 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 6.9 of this charter.

SECTION 6.5. Franchises.

(a) The city council shall have the power to grant franchises for the use ofthe 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 the city's streets and alleys for the

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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 6.6. 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. If unpaid, such charges shall be collected as provided in Section 6.9 of this charter.
SECTION 6.7. 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 authorized by law. If unpaid, such charges shall be collected as provided in Section 6.9 of this charter.
SECTION 6.8. 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 ofany 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 6.9. 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 6.1 through 6.8 of this charter by whatever means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa. s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

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SECTION 6.10. 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 6.11. 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 6.12. 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 permitted by law.

SECTION 6.13. 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 6.14. 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.

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SECTION 6.15. Preparation of budgets.
The city council may provide an ordinance on the procedures and requirements for the preparation and execution ofan annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans. In the absence of such an ordinance, requirements of state law shall be followed.
SECTION 6.16. Submission of operating budget to city council.
On or before a date fixed by the city council, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The operating budget and the capital budget herein provided for and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.17. 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 estiinated fund balance, reserves, and revenues. (b) If the city council fails to adopt the budget by the first day of the ensuing fiscal year, 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 by sources and making appropriations according to fund and by organizational unit, purpose, or activity. (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 allotment thereofto which it is chargeable without amendment to the budget by the city council.
SECTION 6.18. 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,

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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 6.19. Changes in appropriations.

The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.

SECTION 6.20. Capital budget.

(a) On or before the date fixed by the city council, 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 or an amendment thereto, except to meet a public emergency as provided in Section 2.14 ofthis charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year as soon as possible. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

SECTION 6.21. 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 and shall comply with all applicable state law. Subject to any applicable requirements of state law, 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.

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SECTION 6.22. 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.
SECTION 6.23. Centralized purchasing.
The city council shall by ordinance prescribe procedures for a system ofcentralized purchasing for the city.
SECTION 6.24. 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 ofland is cutoff or separated by such work from a larger tract or boundary of land owned by the city, the city council, subject to any applicable law to the contrary, may authorize the mayor to sell and convey said cutoff 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 owners 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.

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ARTICLE VII GENERAL PROVISIONS

SECTION 7.1. Bonds for officials.

The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. To the extent permitted by law, the cost of such bonds may be paid by the city.

SECTION 7.2. 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 7.3. Pending matters.

Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.

SECTION 7.4. 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 7.5. Repealer.

An Act incorporating the City of Homer in the County of Banks, approved December 3, 1897 (Ga. L. 1897, p. 234), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

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SECTION 7.6. Effective Date.
This Act shall become effective on July 1, 2004.
SECTION 7.7. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
Notice Notice of Intent to Introduce Local Legislation
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to provide a new charter for the City ofHomer; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, tenns, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to 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 conveyances 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 an effective date; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who on oath deposes and says that she is the Representative from District 22 and further deposes and says that the attached

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Notice of Intention to Introduce Local Legislation was published in the Banks County News which is the official organ of Banks County on January 14, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JEANETTE JAMIESON Jeanette Jamieson Representative, District 22

Sworn to and subscribed before me, this 26 day of January, 2004.

s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25,2007 (SEAL)

Approved May 17, 2004.

CITY OF CEDARTOWN- CORPORATE LIMITS.
No. 700 (House Bill No. 1590)
AN ACT
To amend an Act providing a new charter for the City of Cedartown, approved AprilS, 1994 (Ga. L. 1994, p. 4628), as amended, particularly by an Act approved April 9, 2000 (Ga. L. 2000, p. 4277), so as to change the corporate limits of said city; to provide a statement of intent; 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 Cedartown, approved April 5, 1994 (Ga. L. 1994, p. 4628), as amended, particularly by an Act approved April 9, 2000 (Ga. L. 2000, p. 4277), is amended by inserting at the end of Section 1.11 a new subsection to read as follows:
"(c) In addition to the provisions of subsections (a) and (b) of this section, the corporate limits of said city shall also include all that property being more particularly described as follows:

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(1) U.S. Highway 278 East. That tract of land lying in the 2nd District of the 4th Section and the 21st District of the 3rd Section of Polk County, Georgia and being that portion of the right-of-way of U.S. Highway 278 more particularly described as follows: Beginning at the intersection of the east right-of-way of U.S. Highway 27 Cedartown Bypass and the north right-of-way ofU.S. Highway 278 East, said point being located on the eastern boundary of the City of Cedartown Territory 39; thence along the northern right-of-way of U.S. Highway 278 the following courses; North 79 Degrees 34 Minutes 20 Seconds East a distance of 1146.46 feet; thence with a curve turning to the right and having a radius of 11591.18', an arc length of 497.70', (said curve having a chord bearing of North 80 Degrees 48 Minutes 08 Seconds East, and a chord length of497.66'), thence North 78 Degrees 26 Minutes 55 Seconds East a distance of 266.27 feet; thence South 88 Degrees 49 Minutes 12 Seconds East a distance of 112.61 feet; thence South 88 Degrees 49 Minutes 17 Seconds East a distance of 219.54 feet; thence North 83 Degrees 53 Minutes 41 Seconds East a distance of 632.36 feet; thence North 86 Degrees 45 Minutes 22 Seconds East a distance of367.99 feet; thence with a curve turning to the right and having a radius of 2408.13', an arc length of 334.59', (said curve having a chord bearing of South 83 Degrees 20 Minutes 45 Seconds East, and a chord length of334.32'), thence South 06 Degrees 42 Minutes 03 Seconds West a distance of 20.88 feet; thence with a curve turning to the right and having a radius of 2799.83', an arc length of 427.12', (said curve having a chord bearing of South 76 Degrees 23 Minutes 37 Seconds East, and a chord length of 426.70'), thence South 73 Degrees 43 Minutes 24 Seconds East a distance of 147.64 feet; thence South 73 Degrees 43 Minutes 25 Seconds East a distance of 5216.53 feet; thence South 73 Degrees 43 Minutes 23 Seconds East a distance of 131.23 feet; thence South 73 Degrees 44 Minutes 09 Seconds East a distance of571.91 feet; thence South 15 Degrees 46 Minutes 25 Seconds West a distance of 20.19 feet; thence South 73 Degrees 43 Minutes 32 Seconds East a distance of 51.39 feet; thence North 15 Degrees 46 Minutes 13 Seconds East a distance of20.07 feet; thence South 72 Degrees 39 Minutes 27 Seconds East a distance of 266.67 feet; thence South 70 Degrees 34 Minutes 28 Seconds East a distance of 168.40 feet; thence with a curve turning to the right and having a radius of 5943.66', an arc length of 624.34', (said curve having a chord bearing of South 66 Degrees 45 Minutes 16 Seconds East, and a chord length of 624.06'), thence South 63 Degrees 08 Minutes 01 Seconds East a distance of 631.73 feet; thence South 76 Degrees 45 Minutes 10 Seconds East a distance of 134.79 feet; thence South 63 Degrees 33 Minutes 44 Seconds East a distance of 558.50 feet; thence with a curve turning to the right and having a radius of 2424.54', an arc length of 241.65', (said curve having a chord bearing of South 60 Degrees 42 Minutes 25 Seconds East, and a chord length of 241.55'), thence South 33 Degrees I0 Minutes 11 Seconds East a distance of 71.55 feet; thence South 55 Degrees 31 Minutes 43 Seconds East

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a distance of71.87 feet; thence South 54 Degrees 02 Minutes 32 Seconds East a distance of 136.98 feet; thence South 50 Degrees 28 Minutes 50 Seconds East a distance of 344.29 feet; thence with a curve turning to the right and having a radius of 2417.97', an arc length of 315.37', (said curve having a chord bearing of South 39 Degrees 22 Minutes 56 Seconds East, and a chord length of315.14'), thence South 35 Degrees 38 Minutes 44 Seconds East a distance of459.49 feet; thence South 51 Degrees 13 Minutes 42 Seconds East a distance of 645.55 feet; thence with a curve turning to the left and having a radius of2411.41', an arc length of626.21', (said curve having a chord bearing of South 58 Degrees 01 Minutes 42 Seconds East, and a chord length of 624.46'), thence South 65 Degrees 28 Minutes 05 Seconds East a distance of 152.84 feet; thence South 60 Degrees 22 Minutes 26 Seconds East a distance of 489.31 feet; thence South 60 Degrees 22 Minutes 24 Seconds East a distance of 454.95 feet; thence with a curve turning to the left and having a radius of3720.47', an arc length of574.84', (said curve having a chord bearing of South 76 Degrees 53 Minutes 25 Seconds East, and a chord length of 574.26'), thence South 85 Degrees 54 Minutes 08 Seconds East a distance of 173.62 feet; thence South 00 Degrees 50 Minutes 26 Seconds West a distance of 22.15 feet; thence leaving the said north right-of-way and running South 11 Degrees 34 Minutes 49 Seconds East a distance of219.44 feet to a point on the south right-of-way of U.S. Highway 278; thence following said south right-of-way the following courses; South 74 Degrees 01 Minutes 02 Seconds West a distance of 127.56 feet; thence North 56 Degrees 13 Minutes 46 Seconds West a distance of 150.35 feet; thence with a curve turning to the right and having a radius of3923.88', an arc length of915.91', (said curve having a chord bearing ofNorth 74 Degrees 37 Minutes 47 Seconds West, and a chord length of 913.83'), thence North 21 Degrees 03 Minutes 51 Seconds East a distance of 10.91 feet; thence North 69 Degrees 16 Minutes 27 Seconds West a distance of 169.13 feet; thence North 65 Degrees 46 Minutes 11 Seconds West a distance of 422.41 feet; thence South 24 Degrees 31 Minutes 55 Seconds West a distance of 19.02 feet; thence North 58 Degrees 23 Minutes 37 Seconds West a distance of 219.48 feet; thence North 58 Degrees 24 Minutes 04 Seconds West a distance of522.53 feet; thence North 58 Degrees 23 Minutes 59 Seconds West a distance of 107.77 feet; thence with a curve turning to the right and having a radius of 1624.40', an arc length of 549.78', (said curve having a chord bearing of North 48 Degrees 46 Minutes 35 Seconds West, and a chord length of 547.16'), thence North 36 Degrees 17 Minutes 24 Seconds West a distance of 188.44 feet; thence North 36 Degrees 17 Minutes 35 Seconds West a distance of48.81 feet; thence North 36 Degrees 09 Minutes 22 Seconds West a distance of 310.74 feet; thence North 37 Degrees 00 Minutes 13 Seconds West a distance of 148.80 feet; thence with a curve turning to the left and having a radius of 1527.75', an arc length of 532.50', (said curve having a chord bearing of North 49 Degrees 46 Minutes 52 Seconds West, and a chord length of 529.81'), thence North

4064 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
48 Degrees 54 Minutes 55 Seconds West a distance of 526.37 feet; thence North 63 Degrees 33 Minutes 44 Seconds West a distance of 296.04 feet; thence North 68 Degrees 33 Minutes 46 Seconds West a distance of 263.47 feet; thence North 63 Degrees 33 Minutes 44 Seconds West a distance of 278.87 feet; thence North 57 Degrees 21 Minutes 32 Seconds West a distance of 151.81 feet; thence North 63 Degrees 33 Minutes 44 Seconds West a distance of 333.16 feet; thence with a curve turning to the left and having a radius of5629.91 ',an arc length of410.03', (said curve having a chord bearing of North 65 Degrees 38 Minutes 55 Seconds West, and a chord length of 409.94'), thence North 67 Degrees 37 Minutes 18 Seconds West a distance of 322.10 feet; thence with a curve turning to the left and having a radius of 5639.75', an arc length of266.28', (said curve having a chord bearing ofNorth 72 Degrees 21 Minutes 43 Seconds West, and a chord length of 266.26'), thence North 73 Degrees 42 Minutes 52 Seconds West a distance of 1500.56 feet; thence North 74 Degrees 51 Minutes 37 Seconds West a distance of 656.30 feet; thence North 69 Degrees 54 Minutes 01 Seconds West a distance of 197.29 feet; thence North 73 Degrees 42 Minutes 52 Seconds West a distance of935.04 feet; thence North 73 Degrees 42 Minutes 52 Seconds West a distance of 147.64 feet; thence North 73 Degrees 42 Minutes 52 Seconds West a distance of 885.82 feet; thence North 75 Degrees 37 Minutes 25 Seconds West a distance of 590.88 feet; thence North 73 Degrees 42 Minutes 52 Seconds West a distance of 459.32 feet; thence North 69 Degrees 25 Minutes 31 Seconds West a distance of 263.20 feet; thence North 73 Degrees 42 Minutes 52 Seconds West a distance of 328.08 feet; thence North 69 Degrees 25 Minutes 31 Seconds West a distance of 131.60 feet; thence North 76 Degrees 02 Minutes 43 Seconds West a distance of 242.00 feet; thence North 74 Degrees 47 Minutes 27 Seconds West a distance of 82.46 feet; thence North 82 Degrees 01 Minutes 22 Seconds West a distance of53.83 feet; thence North 00 Degrees 04 Minutes 25 Seconds West a distance of5.25 feet; thence North 83 Degrees 00 Minutes 10 Seconds West a distance of 151.16 feet; thence South 00 Degrees 04 Minutes 40 Seconds East a distance of2.64 feet; thence North 82 Degrees 01 Minutes 28 Seconds West a distance of 164.16 feet; thence North 82 Degrees 01 Minutes 25 Seconds West a distance of 68.43 feet; thence with a curve turning to the left and having a radius of 2191.60', an arc length of 335.80', (said curve having a chord bearing ofSouth 88 Degrees 17 Minutes 03 Seconds West, and a chord length of335.47'), thence South 83 Degrees 53 Minutes 41 Seconds West a distance of 105.25 feet; thence South 79 Degrees 22 Minutes 50 Seconds West a distance of 166.74 feet; thence South 83 Degrees 53 Minutes 41 Seconds West a distance of 180.45 feet; thence South 89 Degrees 53 Minutes 09 Seconds West a distance of 181.44 feet; thence South 83 Degrees 48 Minutes 39 Seconds West a distance of217.2l feet; thence South 83 Degrees 45 Minutes 11 Seconds West a distance of91.0 l feet; thence South 06 Degrees 30 Minutes 41 Seconds East a distance of 18.75 feet;

GEORGIA LAWS 2004 SESSION

4065

thence with a curve turning to the left and having a radius of 11348.40', an arc length of 384.07', (said curve having a chord bearing of South 82 Degrees 28 Minutes 10 Seconds West, and a chord length of 384.05'), thence North 01 Degrees 32 Minutes 42 Seconds East a distance of 19.47 feet; thence South 80 Degrees 48 Minutes 51 Seconds West a distance of 254.87 feet; thence South 80 Degrees 14 Minutes 38 Seconds West a distance of 130.99 feet; thence South 79 Degrees 30 Minutes 59 Seconds West a distance of 1193.13 feet; thence North 01 Degrees 19 Minutes 46 Seconds East along U.S. Highway 27 and the City of Cedartown Territory 39 a distance of 229.07 feet to the point of beginning. The described property has area of 89.616 acres. (2) U.S. HIGHWAY #27 NORTH. Being all that tract and parcel ofland in the 2nd and in the 3rd District in the 4th Section of Polk County Georgia and being a portion of U.S. Highway #27 described as follows: BEGINNING at the intersection ofthe south right ofway of Adams Road ( a variable right-of-way) and the east right of way of U.S. Highway #27 (a variable right-of-way); thence southerly along the east right-of-way ofU.S. Highway 27 with a curve turning to the left an arc length of 195.51', said curve having a radius of2799.79', a chord bearing of South 01 Degrees 14 Minutes 45 Seconds East, and a chord length of 195.47', thence South 03 Degrees 21 Minutes 58 Seconds East a distance of 986.58 feet; thence South 87 Degrees 54 Minutes 55 Seconds East a distance of35.16 feet; thence South 03 Degrees 21 Minutes 59 Seconds East a distance of 19.44 feet; thence South 02 Degrees 30 Minutes 35 Seconds West a distance of 195.36 feet; thence South 03 Degrees 21 Minutes 59 Seconds East a distance of 296.12 feet; thence South 07 Degrees 34 Minutes 42 Seconds East a distance of 204.23 feet; thence South 03 Degrees 21 Minutes 59 Seconds East a distance of300.00 feet; thence South 03 Degrees 21 Minutes 59 Seconds East a distance of 200.71 feet; thence South 01 Degrees 27 Minutes 33 Seconds East a distance of 150.23 feet; thence South 06 Degrees 53 Minutes 05 Seconds East a distance of 162.95 feet; thence South 03 Degrees 21 Minutes 59 Seconds East a distance of 325.56 feet; thence South 03 Degrees 21 Minutes 59 Seconds East a distance of 141.35 feet; thence South 89 Degrees 10 Minutes 00 Seconds East a distance of40.11 feet; thence South 03 Degrees 21 Minutes 59 Seconds East a distance of 112.98 feet; thence South 34 Degrees 24 Minutes 33 Seconds West a distance of50.61 feet; thence South 18 Degrees 44 Minutes 34 Seconds East a distance of 165.94 feet; thence South 19 Degrees 41 Minutes 18 Seconds East a distance of35.33 feet; thence South 12 Degrees 37 Minutes 24 Seconds East a distance of 168.28 feet; thence South 02 Degrees 39 Minutes 42 Seconds West a distance of 100.56 feet; thence South 08 Degrees 43 Minutes 02 Seconds West a distance of 283.94 feet; thence South 02 Degrees 22 Minutes 47 Seconds West a distance of 199.76 feet; thence South 03 Degrees 21 Minutes 59 Seconds East a distance of 202.24 feet; thence South 03 Degrees 21 Minutes 59 Seconds East a distance of 298.30 feet; thence South 00 Degrees 17 Minutes 51

4066 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Seconds East a distance of373.59 feet; thence South 09 Degrees 23 Minutes 25 Seconds East a distance of255.03 feet; thence with a curve turning to the right an arc length of 487.83', said curve having a radius of 5839.58', a chord bearing of South 00 Degrees 56 Minutes 04 Seconds West and a chord length of 487.69', thence North 88 Degrees 41 Minutes 36 Seconds West a distance of20.0l feet; thence with a curve turning to the right an arc length of376.48', said curve having a radius of 5819.58', a chord bearing of South 05 Degrees 11 Minutes 16 Seconds West and a chord length of 376.42', thence South 03 Degrees 34 Minutes 46 Seconds East a distance of 103.69 feet; thence South 08 Degrees 39 Minutes 55 Seconds West a distance of 127.20 feet to the north line of the City of Cedartown Territory 35; thence along the City of Cedartown Territory 35 North 88 Degrees 17 Minutes 54 Seconds West a distance of20 1.83 feet to a point on the west right-of-way ofU.S. Highway 27; thence following said west right-of-way North 04 Degrees 59 Minutes 24 Seconds East a distance of 898.68 feet; thence North 04 Degrees 09 Minutes 07 Seconds West a distance of 150.55 feet; thence with a curve turning to the left an arc length of 199.86', said curve having a radius of 5629.58', a chord bearing ofNorth 02 Degrees 07 Minutes 28 Seconds West, andachordlengthof 199.85', thence North 02 Degrees 11 Minutes47 Seconds East a distance of 103.61 feet; thence North 00 Degrees 00 Minutes 00 Seconds East a distance of23.18 feet; thence North 03 Degrees 00 Minutes 26 Seconds East a distance of77.82 feet; thence North 03 Degrees 21 Minutes 59 Seconds West a distance of 121.74 feet; thence North 09 Degrees 38 Minutes 37 Seconds West a distance of 100.60 feet; thence North 07 Degrees 56 Minutes 25 Seconds West a distance of 100.32 feet; thence North 06 Degrees 48 Minutes 00 Seconds West a distance of 100.18 feet; thence North 02 Degrees 54 Minutes 39 Seconds East a distance of 100.60 feet; thence North 05 Degrees 03 Minutes 06 Seconds East a distance of95.63 feet; thence North 19 Degrees 26 Minutes 06 Seconds East a distance of53.42 feet; thence North 07 Degrees 03 Minutes 18 Seconds West a distance of 321.83 feet; thence North 03 Degrees 21 Minutes 59 Seconds West a distance of 435.00 feet; thence North 06 Degrees 38 Minutes 13 Seconds West a distance of 350.57 feet; thence North 03 Degrees 21 Minutes 59 Seconds West a distanceof712.59 feet; thence North 03 Degrees 21 Minutes 58 Seconds West a distance of 738.26 feet; thence North 86 Degrees 37 Minutes 33 Seconds East a distance of35.00 feet; thence North 03 Degrees 21 Minutes 59 Seconds West a distance of 100.00 feet; thence North 86 Degrees 38 Minutes 01 Seconds East a distance of 5.31 feet; thence North 03 Degrees 27 Minutes 08 Seconds West a distance of 100.00 feet; thence North 03 Degrees 11 Minutes 40 Seconds West a distance of99.93 feet; thence North03 Degrees 23 Minutes 01 Seconds West a distance of99.75 feet; thence North03 Degrees 25 Minutes 20 Seconds West a distance of 184.46 feet; thence South 86 Degrees 38 Minutes 01 Seconds West a distance of 30.25 feet; thence North 03 Degrees 21 Minutes 59 Seconds West a distance of 16.09 feet; thence North

GEORGIA LAWS 2004 SESSION

4067

18 Degrees 56 Minutes 17 Seconds East a distance of26.35 feet; thence North 89 Degrees 19 Minutes 49 Seconds East a distance of 18.64 feet; thence North 02 Degrees 27 Minutes 20 Seconds West a distance of 100.01 feet; thence North 03 Degrees 21 Minutes 59 Seconds West a distance of 458.51 feet; thence North 03 Degrees 25 Minutes 48 Seconds West a distance of I08.18 feet; thence North 03 Degrees 29 Minutes 50 Seconds West a distance of82.44 feet; thence South 89 Degrees 45 Minutes 00 Seconds West a distance of 19.93 feet; thence North 03 Degrees 21 Minutes 59 Seconds West a distance of 100.27 feet; thence North 09 Degrees 02 Minutes 56 Seconds West a distance of 101.00 feet; thence North 08 Degrees 16 Minutes 09 Seconds West a distance of 104.47 feet; thence North 00 Degrees 16 Minutes 52 Seconds West a distance of 159.85 feet; thence South 80 Degrees 09 Minutes 59 Seconds East a distance of 166.98 feet and the point of beginning. The described property has an area of 27.613 acres. (3) U.S. HIGHWAY #27 SOUTH. Being all that tract and parcel ofland being a portion of U.S. Highway #27 in the 2nd District in the 4th Section in Polk County Georgia described as follows: Commence at the intersection of the south right of way of the Cedartown By-Pass (a variable right-of-way and the east right of way of U.S. Highway #2 7 (a variable right-of-way) thence in a southerly direction along the east right of way of U.S. Highway #27 a distance of 1227.89 feet to a point on the south line of the City of Cedartown Territory 2 and the POINT OF BEGINNING; thence following the east right-of-way South 19 Degrees 36 Minutes 18 Seconds West a distance of 315.09 feet; thence South 70 Degrees 41 Minutes 57 Seconds East a distance of 5.00 feet; thence South 19 Degrees 36 Minutes 18 Seconds West a distance of 123.12 feet; thence with a curve turning to the right an arc length of 402.50', said curve having a radius of 11529.33', a chord bearing of South 20 Degrees 36 Minutes 19 Seconds West and a chord length of 402.48'; thence South 21 Degrees 36 Minutes 17 Seconds West a distance of 411.32 feet; thence South 22 Degrees 59 Minutes 40 Seconds West a distance of 145.86 feet; thence South 19 Degrees 36 Minutes 19 Seconds West a distance of 260.97 feet; thence South 84 Degrees 34 Minutes 55 Seconds East a distance of6.19 feet; thence South 19 Degrees 34 Minutes 52 Seconds West a distance of 12.05 feet; thence South 19 Degrees 36 Minutes 23 Seconds West a distance of 303.26 feet; thence North 77 Degrees 25 Minutes 00 Seconds West a distance of6.05 feet; thence South 19 Degrees 36 Minutes 18 Seconds West a distance of 100.27 feet; thence South 19 Degrees 36 Minutes 18 Seconds West a distance of 100.27 feet; thence South 14 Degrees 41 Minutes 38 Seconds West a distance of 116.83 feet; thence South 19 Degrees 36 Minutes 18 Seconds West a distance of89.24 feet; thence South 19 Degrees 36 Minutes 18 Seconds West a distance of 158.76 feet; thence South 19 Degrees 36 Minutes 17 Seconds West a distance of60.38 feet; thence South 19 Degrees 03 Minutes 46 Seconds West a distance of 180.08 feet; thence South 09 Degrees 52 Minutes

4068 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
38 Seconds West a distance of 100.33 feet; thence with a curve turning to the left an arc length of 195.01 ', said curve having a radius of 2211.84', a chord bearing of South 09 Degrees 50 Minutes 00 Seconds West and a chord length of 194.95', thence North 86 Degrees 20 Minutes 50 Seconds West a distance of5.00 feet; thence with a curve turning to the left an arc length of92.30', said curve having a radius of 2216.83', a chord bearing of South 06 Degrees 06 Minutes 22 Seconds West and a chord length of 92.29'; thence South 04 Degrees 54 Minutes 53 Seconds West a distance of51.91 feet; thence South 10 Degrees 12 Minutes 36 Seconds West a distance of 162.48 feet; thence South 04 Degrees 54 Minutes 49 Seconds West a distance of64.66 feet; thence South 04 Degrees 54 Minutes 50 Seconds West a distance of 400.00 feet; thence South 85 Degrees 05 Minutes 22 Seconds East a distance of 10.00 feet; thence South 04 Degrees 54 Minutes 45 Seconds West a distance of 136.24 feet; thence South 09 Degrees 11 Minutes 20 Seconds West a distance of 134.13 feet; thence South 04 Degrees 54 Minutes 52 Seconds West a distance of 180.00 feet; thence South 85 Degrees 05 Minutes 07 Seconds East a distance of 15.00 feet; thence South 04 Degrees 54 Minutes 49 Seconds West a distance of43.19 feet; thence South 06 Degrees 28 Minutes 45 Seconds West a distance of 160.59 feet; thence North 82 Degrees 06 Minutes 36 Seconds West a distance of 20.00 feet; thence with a curve turning to the right an arc length of 163.33', said curve having a radius of2919.78', a chord bearing of South 09 Degrees 38 Minutes 51 Seconds West and a chord length of 163.30'; thence South 12 Degrees 17 Minutes 03 Seconds West a distance of 166.11 feet; thence South 10 Degrees 03 Minutes47 Seconds Westadistanceof89.29 feet; thence with a curve turning to the right an arc length of 40.42', said curve having a radius of2929.77', a chord bearing of South 16 Degrees 38 Minutes 42 Seconds West and a chord length of 40.42', thence with a curve turning to the right an arc lengthof79.53', said curve having a radius of2929.77', a chord bearing of South 17 Degrees 49 Minutes 05 Seconds West and a chord length of79.53'; thence South 33 Degrees 26 Minutes 53 Seconds West a distance of 39.01 feet; thence South 18 Degrees 35 Minutes 45 Seconds West a distance of 470.00 feet; thence South 71 Degrees 26 Minutes 31 Seconds East a distance of 5.00 feet; thence South 18 Degrees 35 Minutes 43 Seconds West a distance of 123.09 feet; thence South 88 Degrees 00 Minutes 45 Seconds East a distance of5.22 feet; thence South 18 Degrees 35 Minutes 43 Seconds West a distance of 193.41 feet; thence South 13 Degrees 24 Minutes 47 Seconds West a distance of 110.70 feet; thence South 18 Degrees 35 Minutes 44 Seconds West a distance of84.46 feet; thence North 76 Degrees 49 Minutes 49 Seconds West a distance of 10.04 feet; thence South 18 Degrees 35 Minutes 49 Seconds West a distance of 404.35 feet; thence South 18 Degrees 35 Minutes 48 Seconds West a distance of 191.27 feet; thence North 88 Degrees 22 Minutes 24 Seconds West a distance of 10.46 feet; thence South 18 Degrees 35 Minutes 42 Seconds West a distance of 250.68 feet; thence South 71 Degrees 24 Minutes 42 Seconds East a distance of 15.01 feet;

GEORGIA LAWS 2004 SESSION

4069

thence South 18 Degrees 35 Minutes 53 Seconds West a distance of23.00 feet; thence North 71 Degrees 24 Minutes 33 Seconds West a distance of 15.00 feet; thence South 18 Degrees 35 Minutes 45 Seconds West a distance of343.16 feet; thence with a curve turning to the left an arc length of 128.68', said curve having a radius of 1217.75', a chord bearing of South 15 Degrees 34 Minutes 07 Seconds West and a chord length of 128.62', thence North 88 Degrees 20 Minutes 27 Seconds West a distance of 5.10 feet; thence with a curve turning to the left an arc length of 435.55', said curve having a radius of 1223 .24', a chord bearing of South 02 Degrees 17 Minutes 54 Seconds West and a chord length of433 .25'; thence South 26 Degrees 27 Minutes 36 Seconds East a distance of66.67 feet; thence South 09 Degrees 21 Minutes 39 Seconds East a distance of35.00 feet; thence South 09 Degrees 21 Minutes 43 Seconds East a distance of 50.03 feet; thence South 80 Degrees 38 Minutes 38 Seconds West a distance of 10.01 feet; thence South 09 Degrees 21 Minutes 28 Seconds East a distance of 414.48 feet; thence South 89 Degrees 38 Minutes 19 Seconds East a distance of 10.15 feet; thence South 09 Degrees 21 Minutes 21 Seconds East a distance of 233.77 feet; thence South 80 Degrees 38 Minutes 29 Seconds West a distance of 10.00 feet; thence South 09 Degrees 21 Minutes 24 Seconds East a distance of 320.60 feet; thence South 88 Degrees 20 Minutes 08 Seconds East a distance of 10.67 feet; thence South 09 Degrees 15 Minutes 49 Seconds East a distance of 292.36 feet; thence North 80 Degrees 39 Minutes 23 Seconds East a distance of 10.00 feet; thence South 09 Degrees 21 Minutes 25 Seconds East a distance of35.00 feet; thence South 79 Degrees 39 Minutes 28 Seconds West a distance of 15.00 feet; thence South 09 Degrees 21 Minutes 24 Seconds East a distance of 149.74 feet; thence South 09 Degrees 21 Minutes 24 Seconds East a distance of 136.91 feet; thence South 80 Degrees 38 Minutes 37 Seconds West a distance of9.70 feet; thence crossing said right-of-way South 70 Degrees 16 Minutes 42 Seconds West a distance of 137.29 feet to a point on the westerly right-of-way of U.S. Highway 27; thence following said right-of way North 07 Degrees 12 Minutes 17 Seconds West a distance of 525.89 feet; thence North 09 Degrees 21 Minutes 26 Seconds West a distance of 285.47 feet; thence South 88 Degrees 51 Minutes 13 Seconds West a distance of 10.10 feet; thence North 09 Degrees 21 Minutes 24 Seconds West a distance of309.18 feet; thence South 80 Degrees 39 Minutes 08 Seconds West a distance of20.00 feet; thence North 09 Degrees 21 Minutes 24 Seconds West a distance of89.81 feet; thence North 80 Degrees 39 Minutes 08 Seconds East a distance of25.09 feet; thence North 09 Degrees 21 Minutes 24 Seconds West a distance of 425.19 feet; thence South 80 Degrees 38 Minutes 52 Seconds West a distance of 10.10 feet; thence North09 Degrees 21 Minutes 27 Seconds West a distance of25.00 feet; thence North 09 Degrees 21 Minutes 29 Seconds West a cijstance of67.67 feet; thence with a curve turning to the right an arc length of246.06', said curve having a radius of 1348.24', a chord bearing of North 04 Degrees 07 Minutes 42 Seconds West, and a chord length of245.72', thence North

4070 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
11 Degrees 09 Minutes 46 Seconds East a distance of279.87 feet; thence with a curve turning to the right an arc length of95.46', said curve having a radius of 1328.24', a chord bearing ofNorth 15 Degrees 07 Minutes 59 Seconds East, and a chord length of95.44', thence North 77 Degrees 49 Minutes 18 Seconds West a distance of 9.44 feet; thence with a curve turning to the right an arc length of 33.60', said curve having a radius of 1337.64', a chord bearing of North 17 Degrees 52 Minutes 34 Seconds East, and a chord length of 33.60', thence North 18 Degrees 35 Minutes 45 Seconds East a distance of 811.16 feet; thence North 18 Degrees 35 Minutes 45 Seconds East a distance of 436.19 feet; thence North 71 Degrees 23 Minutes 58 Seconds West a distance of 10.61 feet; thence North 18 Degrees 45 Minutes 08 Seconds East a distance of 175.81 feet; thence North 20 Degrees 14 Minutes 54 Seconds East a distance of330.31 feet; thence North 18 Degrees 35 Minutes 45 Seconds East a distance of 480.55 feet; thence North 17 Degrees 40 Minutes 22 Seconds East a distance of90.19 feet; thence North 11 Degrees 54 Minutes 19 Seconds East a distance of 234.28 feet; thence with a curve turning to the left an arc length of 342.60', said curve having a radius of 2789.79', a chord bearing of North 08 Degrees 25 Minutes 55 Seconds East, and a chord length of342.38', thence North 04 Degrees 54 Minutes 58 Seconds East a distance of 273.19 feet; thence South 85 Degrees 04 Minutes 35 Seconds East a distance of 10.00 feet; thence North 04 Degrees 54 Minutes 48 Seconds East a distance of 620.00 feet; thence North 04 Degrees 54 Minutes 48 Seconds East a distance of 150.01 feet; thence North 02 Degrees 34 Minutes 25 Seconds West a distance of 152.59 feet; thence with a curve turning to the right an arc length of 176.59', said curve having a radius of 2376.83', a chord bearing of North 07 Degrees 35 Minutes 42 Seconds East, and a chord length of 176.55', thence North 11 Degrees 51 Minutes 40 Seconds East a distance of 266.55 feet; thence North 17 Degrees 52 Minutes 28 Seconds East a distance of 143.82 feet; thence North 19 Degrees 40 Minutes 50 Seconds East a distance of 392.87 feet; thence North 23 Degrees 26 Minutes 58 Seconds East a distance of 141.45 feet; thence North 19 Degrees 39 Minutes 18 Seconds East a distance of238.60 feet; thence South 78 Degrees 04 Minutes 38 Seconds East a distance of 15.13 feet; thence North 19 Degrees 36 Minutes 18 Seconds East a distance of 154.68 feet; thence North 19 Degrees 38 Minutes 34 Seconds East a distance of 15.25 feet; thence North 20 Degrees 13 Minutes 46 Seconds East a distance of 220.77 feet; thence North 21 Degrees 02 Minutes 36 Seconds East a distance of 140.78 feet; thence North 21 Degrees 32 Minutes 30 Seconds East a distance of25 .46 feet; thence North 23 Degrees 01 Minutes 13 Seconds East a distance of 404.79 feet; thence North 13 Degrees 12 Minutes 28 Seconds East a distance of 140.78 feet; thence North 20 Degrees 47 Minutes 52 Seconds East a distance of94.98 feet; thence North 20 Degrees 04 Minutes 55 Seconds East a distance of 189.47 feet; thence North 19 Degrees 36 Minutes 18 Seconds East a distance of75.51 feet; thence South 73 Degrees 08 Minutes 38 Seconds East a distance of 5.00 feet;

GEORGIA LAWS 2004 SESSION

4071

thence North 19 Degrees 36 Minutes 18 Seconds East a distance of76.23 feet; thence North 17 Degrees 43 Minutes 02 Seconds East a distance of 151.77 feet; thence North 19 Degrees 36 Minutes 18 Seconds East a distance of 105.27 feet to a point on the south line of the City of Cedartown Territory 3; thence South 82 Degrees 11 Minutes 42 Seconds East along the south line of the City of Cedartown Territory 3 a distance of 143.02 feet to the point of beginning. The described property has an area of29.820 acres. (4) PRIOR STATION ROAD. Being a tract and parcel ofland in Land Lots 562, 591, 634, 663, 664, and 705 in the 2ND District in the 4th Section in Polk County Georgia and being a portion of Prior Station Road more particularly described as follows: Beginning at the intersection of the north right of way of Prior Station Road (a 60 foot right of way) and the west line of Land Lot 663 in 2nd District in the 4th Section Polk County Georgia also being the city limit line of the City of Cedartown (Territory 36); thence South 70 Degrees 59 Minutes 59 Seconds East a distance of 145.91 feet; thence South 74 Degrees 04 Minutes 32 Seconds East a distance of 648.10 feet; thence South 76 Degrees 08 Minutes 51 Seconds East a distance of 652.18 feet; thence South 77 Degrees 57 Minutes 51 Seconds East a distance of I02.44 feet; thence South 00 Degrees 29 Minutes 46 Seconds East a distance of 61.46 feet; thence North 77 Degrees 57 Minutes 51 Seconds West a distance of 116.73 feet; thence North 76 Degrees 08 Minutes 51 Seconds West a distance of 654.21 feet; thence North 74 Degrees 04 Minutes 32 Seconds West a distance of 650.80 feet; thence North 70 Degrees 59 Minutes 59 Seconds West a distance of 148.08 feet; thence North 69 Degrees 56 Minutes 23 Seconds West a distance of96.98 feet; thence North 69 Degrees 37 Minutes 21 Seconds West a distance of 211.50 feet; thence North 70 Degrees 42 Minutes 43 Seconds West a distance of98.67 feet; thence North 73 Degrees 30 Minutes 51 Seconds West a distance of98.20 feet; thence North 74 Degrees 33 Minutes 08 Seconds West a distance of96.46 feet; thence North 75 Degrees 16 Minutes 59 Seconds West a distance of 275.64 feet; thence North 75 Degrees 34 Minutes 56 Seconds West a distance of 719.51 feet; thence North 73 Degrees 51 Minutes 04 Seconds West a distance of 103.66 feet; thence North 71 Degrees 16 Minutes 23 Seconds West a distance of 103.47 feet; thence North 67 Degrees 24 Minutes 19 Seconds West a distance of 103.73 feet; thence North 63 Degrees 52 Minutes 35 Seconds West a distance of96.99 feet; thence North 62 Degrees 20 Minutes 52 Seconds West a distance of 104.29 feet; thence North 61 Degrees 49 Minutes 53 Seconds West a distance of 120.95 feet; thence North 61 Degrees 36 Minutes 19 Seconds West a distance of 138.12 feet; thence North 61 Degrees 13 Minutes 49 Seconds West a distance of 139.01 feet; thence North 59 Degrees 50 Minutes 42 Seconds West a distance of 182.03 feet; thence North 59 Degrees 07 Minutes 44 Seconds West a distance of 134.19 feet; thence North 59 Degrees 07 Minutes 44 Seconds West a distance of 271.02 feet; thence North 21 Degrees 26 Minutes

4072 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
28 Seconds East a distance of49.52 feet; thence North 56 Degrees 05 Minutes 45 Seconds East a distance of82.25 feet; thence South 59 Degrees 28 Minutes 22 Seconds East a distance of 125.05 feet; thence South 33 Degrees 23 Minutes 14 Seconds East a distance of 147.37 feet; thence South 59 Degrees 07 Minutes 44 Seconds East a distance of 120.11 feet; thence South 59 Degrees 50 Minutes 42 Seconds East a distance of 180.93 feet; thence South 61 Degrees 13 Minutes 49 Seconds East a distance of 138.08 feet; thence South 61 Degrees 36 Minutes 19 Seconds East a distance of 13 7.81 feet; thence South 61 Degrees 49 Minutes 53 Seconds East a distance of 120.56 feet; thence South 62 Degrees 20 Minutes 52 Seconds East a distance of 103.22 feet; thence South 63 Degiees 52 Minutes 35 Seconds East a distance of94.34 feet; thence South 67 Degrees 24 Minutes 19 Seconds East a distance of99.86 feet; thence South 71 Degrees 16 Minutes 23 Seconds East a distance of 100.10 feet; thence South 73 Degrees 51 Minutes 04 Seconds East a distance of 101.40 feet; thence South 75 Degrees 34 Minutes 56 Seconds East a distance of 718.76 feet; thence South 75 Degrees 16 Minutes 59 Seconds East a distance of 276.18 feet; thence South 74 Degrees 33 Minutes 08 Seconds East a distance of97.38 feet; thence South 73 Degrees 30 Minutes 51 Seconds East a distance of 100.21 feet; thence South 70 Degrees 42 Minutes 43 Seconds East a distance of 100.71 feet; thence South 69 Degrees 37 Minutes 21 Seconds East a distance of 211.90 feet; thence South 69 Degrees 56 Minutes 23 Seconds East a distance of96.26 feet to the point of beginning. The described tract has an area of 6. 710 acres. (5) Cherokee Road. Being all that tract and parcel of land in the 2nd District in the 4th Section in Polk County Georgia and being portions of Cherokee Road, College Drive, and Cave Spring Road more particularly described as follows: Beginning at the intersection of the extended northwesterly right of way of Evergreen Lane and the southwesterly right ofway of Cave Spring Road; thence North 51 Degrees 32 Minutes 32 Seconds West a distance of 792.90 feet; thence with a curve turning to the right an arc length of 902.09', said curve having a radius of 1030.00', a chord bearing of North 26 Degrees 27 Minutes 07 Seconds West and a chord lengthof873.53', thence North 01 Degrees 21 Minutes 43 Seconds West a distance of 659.51 feet; thence North 00 Degrees 01 Minutes 49 Seconds East a distance of 756.97 feet; thence North 01 Degrees 14 Minutes 16 Seconds East a distance of 852.13 feet; thence North 01 Degrees 16 Minutes 30 Seconds East a distance of 108.88 feet; thence North 00 Degrees 43 Minutes 34 Seconds East a distance of 101.98 feet; thence North 00 Degrees 04 Minutes 50 Seconds West a distance of97.01 feet; thence North 03 Degrees 32 Minutes 21 Seconds West a distance of 105.13 feet; thence North 09 Degrees 11 Minutes40 Seconds Westadistanceof93.21 feet; thence North17 Degrees 02 Minutes 35 Seconds West a distance of 114.18 feet; thence North 74 Degrees 16 Minutes 36 Seconds East a distance of 378.76 feet; thence North 69 Degrees 15 Minutes 30 Seconds East a

GEORGIA LAWS 2004 SESSION

4073

distance of70.27 feet; thence South 86 Degrees 55 Minutes 40 Seconds East a distance of 195.55 feet; thence South 83 Degrees 25 Minutes 43 Seconds East a distance of 842.05 feet; thence with a curve turning to the left an arc length of 388.50', said curve having a radius of 960.00', a chord bearing of North 84 Degrees 58 Minutes 41 Seconds East and a chord length of385.85', thence North 73 Degrees 23 Minutes 05 Seconds East a distance of 632.03 feet; thence with a curve turning to the right an arc length of 452.18', said curve having a radius of 890.00', a chord bearing of North 87 Degrees 56 Minutes 24 Seconds East and a chord length of 447.34', thence South 77 Degrees 30 Minutes 17 Seconds East a distance of 1980.35 feet; thence with a curve turning to the left an arc length of 609.66', said curve having a radius of685.00', a chord bearing ofNorth 76 Degrees 59 Minutes 53 Seconds East and a chord length of589.74', thence North 51 Degrees 30 Minutes 03 Seconds East a distance of 830.90 feet; thence with a curve turning to the right an arc length of 655.89', said curve having a radius of 990.00', a chord bearing of North 70 Degrees 28 Minutes 50 Seconds East and a chord length of 643.96', thence North 89 Degrees 27 Minutes 36 Seconds East a distance of 876.99 feet; thence with a curve turning to the left an arc length of292.08', said curve having a radius of 760.00', a chord bearing of North 78 Degrees 27 Minutes 01 Seconds East and a chord length of 290.28', thence North 67 Degrees 26 Minutes 26 Seconds East a distance of 228.91 feet; thence with a curve turning to the right an arc length of 442.75', said curve having a radius of 1050.00', a chord bearing of North 79 Degrees 31 Minutes 14 Seconds East and a chord length of439.48', thence South 88 Degrees 23 Minutes 58 Seconds East a distance of 1137.55 feet; thence North 88 Degrees 46 Minutes 21 Seconds East a distance of 734.36 feet; thence South 89 Degrees 26 Minutes 54 Seconds East a distance of448.12 feet to the City ofCedartown Territory 35; thence South 10 Degrees 32 Minutes 20 Seconds West along the City of Cedartown Territory 35 a distance of 80.73 feet; thence North 89 Degrees 30 Minutes 46 Seconds West a distance of 432.81 feet; thence South 88 Degrees 46 Minutes 21 Seconds West a distance of 735.16 feet; thence North 88 Degrees 23 Minutes 58 Seconds West a distance of 1139.53 feet; thence with a curve turning to the left an arc length of409.02', said curve having a radius of 970.00', a chord bearing of South 79 Degrees 31 Minutes 14 Seconds West and a chord length of 405.99', thence South 67 Degrees 26 Minutes 26 Seconds West a distance of228.91 feet; thence with a curve turning to the right an arc length of 322.82', said curve having a radius of 840.00', a chord bearing ofSouth 78 Degrees 27 Minutes 01 Seconds West and a chord length of 320.84', thence South 89 Degrees 27 Minutes 36 Seconds West a distance of 876.99 feet; thence with a curve turning to the left an arc length of602.89', said curve having a radius of910.00', a chord bearing of South 70 Degrees 28 Minutes 50 Seconds West and a chord length of591.92', thence South 51 Degrees 30 Minutes 03 Seconds West a distance of 830.90 feet; thence with a curve turning to the right an arc length of 274.53', said

4074 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
curve having a radius of 765.00', a chord bearing of South 61 Degrees 46 Minutes 53 Seconds West and a chord length of 273.06', thence South 01 Degrees 25 Minutes 30 Seconds East a distance of 238.59 feet; thence South 00 Degrees 42 Minutes 29 Seconds East a distance of 109.56 feet; thence South 00 Degrees 36 Minutes 12 Seconds East a distance of 167.31 feet; thence South 00 Degrees 10 Minutes 50 Seconds East a distance of 464.44 feet; thence South 00 Degrees 29 Minutes 06 Seconds East a distance of 551.73 feet; thence South 00 Degrees 35 Minutes 12 Seconds East a distance of 197.91 feet; thence South 00 Degrees 04 Minutes 22 Seconds East a distance of 115.22 feet; thence South 02 Degrees 45 Minutes 06 Seconds East a distance of96.93 feet; thence South 10 Degrees 15 Minutes 06 Seconds East a distance of 102.52 feet; thence South 13 Degrees 01 Minutes 25 Seconds East a distance of 172.92 feet; thence South 11 Degrees 37 Minutes 54 Seconds East a distance of 84.90 feet; thence South 07 Degrees 26 Minutes 17 Seconds East a distance of60.48 feetto a point on the north line of the City of Cedartown Territory 31; thence South 89 Degrees 47 Minutes 55 Seconds West along the City ofCedartown Territory 31 a distance of50.05 feet to a point; thence North 07 Degrees 48 Minutes 56 Seconds West a distance of57.67 feet; thence North 11 Degrees 53 Minutes 51 Seconds West a distance of77.19 feet; thence North 13 Degrees 01 Minutes 33 Seconds West a distance of 173.40 feet; thence North 10 Degrees 15 Minutes 06 Seconds West a distance of 107.10 feet; thence North 02 Degrees 45 Minutes 06 Seconds West a distance of 101.38 feet; thence North 00 Degrees 04 Minutes 22 Seconds West a distance of 116.17 feet; thence North 00 Degrees 35 Minutes 12 Seconds West a distance of 197.73 feet; thence North 00 Degrees 29 Minutes 06 Seconds West a distance of 551.91 feet; thence North 00 Degrees 10 Minutes 50 Seconds West a distance of 464.39 feet; thence North 00 Degrees 36 Minutes 12 Seconds West a distance of 167.08 feet; thence North 00 Degrees 42 Minutes 29 Seconds West a distance of 109.51 feet; thence North 01 Degrees 23 Minutes 36 Seconds West a distance of 224.99 feet; thence with a curve turning to the right an arc length of 354.80', said curve having a radius of 765.00', a chord bearing of South 89 Degrees 12 Minutes 31 Seconds West and a chord lengthof351.63', thence North 77 Degrees 30 Minutes 17 Seconds West a distance of 1980.35 feet; thence with a curve turning to the left an arc length of 411.54', said curve having a radius of 810.00', a chord bearing of South 87 Degrees 56 Minutes 24 Seconds West and a chord length of 407.13', thence South 73 Degrees 23 Minutes 05 Seconds West a distance of 632.03 feet; thence with a curve turning to the right an arc length of 420.87', said curve having a radius of 1040.00', a chord bearing of South 84 Degrees 58 Minutes 41 Seconds West and a chord length of418.00', thence North 83 Degrees 25 Minutes 43 Seconds West a distance of 839.60 feet; thence North 86 Degrees 55 Minutes 40 Seconds West a distance of 178.83 feet; thence South 83 Degrees 01 Minutes 25 Seconds West a distance of 159.04 feet; thence South

GEORGIA LAWS 2004 SESSION

4075

74 Degrees 16 Minutes 36 Seconds West a distance of 216.37 feet; thence South 15 Degrees 26 Minutes 59 Seconds East a distance of67.72 feet; thence South 09 Degrees 11 Minutes 40 Seconds East a distance of99.46 feet; thence South 03 Degrees 32 Minutes 21 Seconds East a distance of 109.91 feet; thence South 00 Degrees 04 Minutes 50 Seconds East a distance of99.24 feet; thence South 00 Degrees 43 Minutes 34 Seconds West a distance of 102.69 feet; thence South 01 Degrees 16 Minutes 30 Seconds West a distance of I09.15 feet; thence South 0 I Degrees 14 Minutes 16 Seconds West a distance of 851.48 feet; thence South 00 Degrees 0 I Minutes 49 Seconds West a distance of755.61 feet; thence South 01 Degrees 21 Minutes 43 Seconds East a distance of658.78 feet; thence with a curve turning to the left an arc length of 849.54', said curve having a radius of 970.00', a chord bearing of South 26 Degrees 27 Minutes 07 Seconds East and a chord length of822.64', thence South 51 Degrees 32 Minutes 32 Seconds East a distance of 791.67 feet to a point on the northwesterly line of Evergreen Lane and the City of Cedartown Territory 17; thence South 37 Degrees 17 Minutes 26 Seconds West along the City of Cedartown Territory 17 a distance of 60.0 I feet to the point of beginning. The described tract has an area of 29.194 acres:

SECTION2. It is the intent of this legislation that as a result of the annexation, no property owners shall be annexed into the City of Cedartown without their full knowledge and consent.

SECTION3. All laws and parts of laws in conflict with this Act are repealed.

NOTICE TO THE PUBLIC
Notice is hereby given that the City of Cedartown Commission has authorized and requested the introduction oflegislation ofthe 2004 Session ofthe Georgia General Assembly to annex certain roadways that are contiguous to the existing City limits. Specifically, the City is introducing local legislation to annex into the corporate limits the following rights-of-way: U.S. Highway 278, extending from the existing City limits at the intersection ofthe US Highway 27 By-pass and US Highway 278, the width of US Highway 278 in an easterly direction to Grady Road, consisting of 89.616 acres, more or less; College Drive, extending from the existing City limits located at Oakcrest Drive and Territories 29 and 31, and extending the entire width of College Drive in a northerly direction to Cherokee Road; Cherokee Road, beginning at its intersection with US Highway 27 and/or Territory 35, previously annexed by the City, and extending in a westerly direction along the width of Cherokee Road to its intersection with Cave Spring Road; and Cave Spring Road, beginning at its

4076 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
intersection with the existing City limits, Territory 17, and extending in a northerly direction to its intersection with Cherokee Road, consisting of 29.194 acres, more or less; US Highway 27, beginning at the existing City limits line, Territory 3, and extending in a southerly direction along the width of US Highway 27 to the intersection ofthe southerly right-of-way line ofsaid highway and State Route 100, consisting of29.82 acres, more or less; Prior Station Road, beginning at its intersection with the existing City limits at Territory 10, and extending in a westerly direction along the width of Prior Station Road to its intersection with Mountain Home Road, consisting of6.710 acres, more or less; and US Highway 27, beginning at its intersection with the existing City limits at Territory 35, extending in a northerly direction along the width of US Highway 27 to its intersection with Adams Road, consisting of27.613 acres, more or less. Said legislation is being introduced to annex into the corporate limit& ')f the City of Cedartown only those roadways described in this notice. No property owners along any ofsaid rights-of-way shall be annexed as part of this legislation, and, therefore, no one is being annexed into the City involuntarily. The City Manager and Clerk shall retain on file copies of all plats and legal descriptions of the roadways sought to be annexed in this legislation, for review and copying by interested members of the public. This notice is published pursuant to the requirements of O.C.G.A. Section 28-1-14 and general Georgia annexation law, as contained in O.C.G.A. Section 36-36-1, et. seq.
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 oflntention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ ofPolk County on January 15, 2004, 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 20th day of February, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia

GEORGIA LAWS 2004 SESSION
My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.

4077

COBB JUDICIAL CIRCUIT- JUDGES; COMPENSATION.
No. 701 (House Bill No. 1591).
AN ACT
To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, is amended by striking subsections (a) and (b) of Section 4H and inserting in lieu thereof the following:
'(a) Each judge of the Superior Court of the Cobb Judicial Circuit shall receive an annual supplement of$40,711.00, payable in equal monthly installments from the funds of Cobb County. (b) In addition to the supplement provided for in subsection (a) of this section, the chiefjudge of the Superior Court of the Cobb Judicial Circuit shall receive $6,800.00 annually, payable in equal monthly installments from the funds of Cobb County."
SECTION2. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended; and for other purposes.

4078 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 14th day of January, 2004.
Cobb County Delegation By: State Rep. Judy Manning, Chairperson
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Ehrhart, who on oath deposes and says that he is the Representative from District 28 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 16, 2004, and that the notice requirements of Code Section 28-l-14 have been met.
s/ EARL EHRHART Earl Ehrhart Representative, District 28
Sworn to and subscribed before me, this 16th day of February, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2005 (SEAL)
Approved May 17, 2004.
COBB COUNTY- TAX COMMISSIONER; COMPENSATION OF CERTAIN EMPLOYEES.
No. 702 (House Bill No. 1592).
AN ACT
To amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 19~9 (Ga. L. 1949, p. 790), as amended, so as to change the compensation of certaJJl employees of such office; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2004 SESSION

4079

SECTION 1. An Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, is amended by striking Section 3 and inserting in lieu thereof the following:

'SECTION 3. (a) The tax commissioner shall receive a minimum annual salary as provided by Code Section 48-5-183 of the O.C.G.A. plus a supplement in the amount of $3,687.00, to be paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual salary shall be paid in equal monthly installments from the funds of the county treasury. The annual salary for the chiefclerk shall be $78,055.79. Any candidate for the office of tax commissioner of Cobb County shall, on the date of qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court of Cobb County the name of the person the candidate shall appoint as chiefclerk in the event he or she is elected to the office of tax commissioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he or she was so named. In the event ofthe death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed. (b) In addition to those employees provided for in subsection (a) of this section, there is created the position ofexecutive secretary to the tax commissioner. The executive secretary shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive secretary. The salary of the executive secretary shall be $47,195.19 per annum, to be paid in equal monthly installments from the funds of Cobb County. (c) In addition to those employees provided for in subsections (a) and (b) of this section, there is created the position of administrative specialist in the office of the tax commissioner. The administrative specialist shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of administrative specialist. The salary of the administrative specialist shall be $43,283.04 per annum, to be paid in equal monthly installments from the funds of Cobb County.'

SECTION2. All laws and parts of laws in conflict with this Act are repealed.

4080 LOCAL AND SPECIAL ACTS AND RESOLUTIONSl VOL. II
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended; and for other purposes.
This 14th day ofJanuary 2004.
Cobb County Delegation By: State Rep. Judy Manning, Chairperson
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Ehrhart, who on oath deposes and says that he is the Representative from District 28 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 ofCobb County on January 16, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ EARL EHRHART Earl Ehrhart Representative, District 28
Sworn to and subscribed before me, this 16th day of February, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.

GEORGIA LAWS 2004 SESSION

4081

WARE COUNTY- CHIEF MAGISTRATE; JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS.

No. 703 (House Bill No. 1601).

AN ACT

To provide that future elections for the office of chief magistrate and the office of judge ofthe probate court ofWare County shall be nonpartisan elections; to provide for submission ofthis Act under Section 5 ofthe 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 chiefmagistrate and the judge of the probate court of Ware County conducted on and 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 nonpartisan 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."

SECTION2. Nothing in this Act shall affect the term ofoffice ofthe chiefmagistrate or the term of office of the judge ofthe probate court ofWare County in office on the effective date of this Act. The sitting chief magistrate and the sitting probate judge shall serve out the term of office for which each was elected and shall be eligible to succeed himself or herself as provided in this Act.

SECTION3. The governing authority of Ware 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, no later than 30 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.

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

4082 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 2004 session of the General Assembly of Georgia a bill to provide that future elections for the office ofchiefmagistrate and the office ofjudge ofthe probate court ofWare County shall be nonpartisan elections; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Boggs, who on oath deposes and says that he is the Representative from District 145 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County on February 21,2004, and that the notice requirements of Code Section 28-1-14 have been met.
sf MIKE BOGGS Mike Boggs Representative, District 145
Sworn to and subscribed before me, this 23rd day of February, 2004.
sf DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25,2007 (SEAL)
Approved May 17, 2004.
WARE COUNTY- STATE COURT; JUDGE AND SOLICITOR-GENERAL; COMPENSATION.
No. 704 (House Bill No. 1602).
AN ACT
To amend an Act creating the State Court ofWare County, formerly the City Court of Waycross, approved December 11, 1897 (Ga. L. 1897, p. 510), as amended. particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4373), so as to

GEORGIA LAWS 2004 SESSION

4083

provide for the compensation of the solicitor-general and the judge of said court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the State Court of Ware County, formerly the City Court of Waycross, approved December 11, 1897 (Ga. L. 1897, p. 510), as amended, particularly by an Act approved Aprill6, 1999 (Ga. L. 1999, p. 4373), is amended by striking Section 4A and inserting in lieu thereof a new Section 4A to read as follows:

"SECTION 4A.

(a) The solicitor-general of the State Court of Ware County shall receive an annual salary in the amount of $36,000.00 or such larger amount as may from time to time be provided for in general state law. The judge of the State Court of Ware County shall receive an annual salary in the amount of $40,000.00 or such larger amount as may from time to time be provided for in general state law. Said compensation shall be paid in equal monthly installments from funds of Ware County. All increases that have occurred to the salary of the solicitor-general and judge from January 1, 2000, until the effective date of this section shall remain payable to the solicitor-general and judge in office on the effective date of this section. (b) At any time Ware County contracts to provide court related professional services to a municipality, the salary ofthe solicitor-general ofthe State Court of Ware County and the salary of the judge of the State Court ofWare County shall be increased by an amount equal to the respective amounts received by Ware County for the provision of a prosecumr and a judge to such municipality. (c) The salary of the judge and the solicitor-general of the State Court of Ware County shall be increased in the same percentage and at the same time as provided for clerks of the superior courts in subsection (a) of Code Section 15-6-90 of the O.C.G.A. In addition, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed as the salary of such judge and solicitor-general by subsection (a) ofthis section or the amounts derived by increasing each ofsaid amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90 of the O.C.G.A., where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed as the salary fixed for such judge and such

4084 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
solicitor-general, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget may be consulted in order for the county to calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed as the salary fixed for such judge and such solicitor-general, or the amounts derived through the application of longevity increases, as authorized by this subsection shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that, if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed as salary fixed for such judge and such solicitor-general, respectively, of such state court, or the amounts derived by increasing each of said amounts through the application of longevity increases, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.'
SECTION 2. This Act shall become effective on Aprill, 2004.
SECTION3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Ware County, formerly the City Court ofWaycross, approved December 11, 1897 (Ga. L. 1897, p. 510), as amended, particularly by an Act approved Aprill6, 1999 (Ga. L. 1999, p. 4373), so as to provide for the compensation of the solicitor-general and the judge of said court; 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, Mike Boggs, who on oath deposes and says that he is the Representative from District 145 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County on February 21, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2004 SESSION
s/ MIKE BOGGS Mike Boggs Representative, District 145
Sworn to and subscribed before me, this 23rd day of February, 2004.
sf DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.

4085

HANCOCK COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM.
No. 705 (House Bill No. 1603).
AN ACT
To provide a homestead exemption from Hancock County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption ;md the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Hancock County, including, but not limited to, taxes to retire county bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, but only includes real property where the person who is the applicant holds real property subject to a written lease of not less than ten years in duration, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improvements located on the real property.

4086 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Each resident of Hancock County is granted an exemption on that persons homestead from all Hancock County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the tax commissioner of Hancock County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner 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 ofany person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Hancock County 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 any state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or 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.
SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Hancock County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Hancock County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the 2004 General Election and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Hancock County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Hancock County ad valorem taxes for county purposes in the
NO ( ) amount of $10,000.00 of the assessed value of certain homesteads leased for periods of not less than ten years to residents of that county?"

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All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half ofthe 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 ifthe election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Hancock County. It shall be the eleCtion superintendent's duty to certify the result thereof to the Secretary of State.

SECTION3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2004 regular session of the General Assembly of Georgia a bill to provide a homestead exemption from Hancock County ad valorem taxes for county purposes in the amount of$10,000.00 of the assessed value of certain homesteads leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 12th day of February, 2004.
Is/ Rep. Sistie Hudson State Representative, District 95
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sistie Hudson, who on oath deposes and says that she is the Representative from District 95 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmaelite which is the official organ of Hancock County on February 19, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

4088 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ SISTIE HUDSON Sistie Hudson Representative, District 95
Sworn to and subscribed before me, this 23rd day of February, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2005 (SEAL)
Approved May 17, 2004.
CITY OF REMERTON- NEW CHARTER.
No. 706 (House Bill No. 1604).
AN ACT
To provide a new charter for the City ofRemerton; 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, rules and regulations, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the

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foregoing; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS

SECTION 1.10. Name.

This city and the inhabitants thereofare constituted and declared a body politic and corporate under the name and style City of Remerton, Georgia, and by that name shall have perpetual succession.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of this city shall be those established by the Act incorporating the Town ofRemerton, Georgia, approved Aprill9, 2000 (Ga. L. 2000, p. 4220), with such alterations as may be made from time to time, after this charter becomes effective, 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 Remerton, 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:

4090 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large ofanimals and fowl and to provide for the impoundment ofsame if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for 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; (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 now 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 oferosion and sedimentation, the management ofsolid 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

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services as may be necessary in the operation of the city from all individuals, flrms, and corporations residing in or doing business in the city benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To defme, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons givenjail 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 ofthe city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts ofthe city and to issue bonds for the purpose ofraising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, 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 flx 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;

4092 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(21) Nuisance. To defme a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal ofany 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, detention, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits ofthe city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for 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 ofservice 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 of the city; and to grant franchises and rights ofway 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 ofthe 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 ofgarbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any alcoholic 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 ofsuch vehicles; to require the operators thereofto be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety,

4094 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 ofparticular 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 ofa mayor and five councilmembers. The city council established in this charter shall in all respects be a successor to and continuation ofthe 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. The term of office of each member ofthe city council shall begin on the first day of January immediately following the election ofsuch member unless general law authorizes or requires the term to begin at the first organizational meeting in January or upon some other date. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of mayor or members of the city council. Each shall continue to reside therein during that

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person's period of service and to be registered and qualified to vote in municipal elections of this city. For purposes of the municipal general election in 2007, and each succeeding municipal election, the five councilmembers shall, without being required to reside in any particular area in the city, serve at large.

SECTION 2.12. Vacancy; filling of vacancies; suspensions.

(a) Vacancies- The office of mayor or councilmember shall become vacant upon such person's failing or ceasing to reside in the city or 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 ofvacancies- A vacancy in the office of mayor or councilmember shall be filled for the remainder ofthe unexpired term, ifany, by appointment ifless than 12 months remain 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 such other 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 fmancial or other personal interest, direct or indirect, which is incompatible with the proper discharge ofthat person's official duties or which would tend to impair the independence of 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

4096 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (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, ~d 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 such 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 person was elected. No fonner councilmember and no former mayor shall hold any compensated appointive office

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in the city until one year after the expiration of the term for which that person was elected. (g) Political activities ofcertain officers and employees- No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any City of Remerton 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 or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.15. Inquiries and investigations.

Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereofand 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 powers of government of this city.

SECTION 2.17. Organizational meetings.

The city council shall hold an organizational meeting on the first Tuesday in January following the election ofcity officials. The meeting shall be called to order by the city attorney and the oath of office shall be administered by the city attorney to the newly elected members as follows:

4098 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"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 ofthe State ofGeorgia and the United States of America."
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 meeting 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 as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 2.19. 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 of a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the city council and shall serve at the pleasure of the city council, all determined by majority vote of the city council.
SECTION 2.20. Quorum; voting.
Three councilmembers shall constitute a quorum and shall be authorized to tranSact business ofthe city council. Voting on the adoption ofordinances shall be by voice vote and the vote shall be recorded in the journal, but any councilmember 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 ofthree councilmembers shall be required for the adoption of any ordinance, resolution, or motion.

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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 ofthe City ofRemerton ... " and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular, special, or work meeting of the city council where an agenda applies. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.23 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. Actions requiring an ordinance.

Acts of the city council which will have the force and effect oflaw 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 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 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 ofeach adopted code oftechnical 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 ofany 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 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 ofRemerton, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies ofthe city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication 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

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in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes oftechnical regulations and other rules and regulations included in the code.

SECTION 2.26. Election of mayor; forfeiture; compensation.

The mayor shall be elected and serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident ofthis city for 12 months immediately preceding the mayor's election. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit that office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.

SECTION 2.27. Chief executive officer; delegation of powers.

The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws ofthe State of Georgia and all ofthe executive and administrative powers contained in this charter.

SECTION 2.28. Powers and duties of mayor.

As the chief executive of this city, the mayor shall: (I) See that all laws and ordinances of the city are faithfully executed; (2) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (3) Recommend to the councilmembers 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; (4) Call special meetings of the councilmembers as provided for in subsection (b) of Section 2.18 of this charter; (5) Provide for an annual audit of all accounts of the city; (6) Perform such other duties as may be required by law, this charter, or ordinance; (7) Participate in the discussion of all matters brought before the councilmembers; and (8) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing.

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SECTION 2.29. Mayor pro tempore; selection; duties.
By a majority vote, the councilmembers shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the councilmembers and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability or absence. The councilmembers by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote ofall councilmembers.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions ofemployment, departments, and agencies ofthe city as necessary for the proper administration ofthe 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.
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 ofoffice, or manner of appointment is prescribed by this charter or by law.

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(c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office; such oath shall be prescribed by ordinance and administered by the mayor. (g) All members ofboards, commissions, or authorities ofthe 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 chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.

SECTION 3.12. City attorney.

The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense ofthe city in all litigation in which the city is a party; may be the judge of the municipal court or may be the prosecuting officer in the municipal court, but may not be both; shall attend the meetings of the city council as directed; shall advise the councilmembers, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of such person's position as city attorney.

SECTION 3.13. City clerk.

The city council 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

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council records required by this charter; and perform such other duties as may be required by the city council.
SECTION 3.14. Position classification and pay plans.
The city council shall be responsible for the preparation and approval of a position classification and pay plan. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
SECTION 3.15. Personnel policies.
All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the City ofRemerton.
SECTION 4.11. Chiefjudge; associate judge.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a 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 city clerk, that such judge will honestly and faithfully discharge the duties ofthe judge's office to the best ofthe judge's ability and without fear, favor, or partiality. The oath shall

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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.

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $300.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months or both, or may fix punishment by fine, imprisonment, or alternative sentencing, in the maximum amount as is 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 such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance ofpersons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu ofbond for security for the appearance ofa defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien 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

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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 Lowndes County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 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.
In the year 2007, and every fourth year thereafter, on the Tuesday next following the first Monday in November there shall be an election for the mayor and the councilmembers.

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SECTION 5.12. Nonpartisan elections.

Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.

SECTION 5.13. Election by majority vote.

The mayor and councilmembers shall be elected by a majority vote of the votes cast for each position.

SECTION 5.14. Special elections; vacancies.

In the event that the office of the 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 expired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other aspects, the special election shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.15 Other provisions.

Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options 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) A councilmember, the mayor, 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

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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 Lowndes 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 Lowndes County following a hearing on a complaint seeking such removal brought by any resident of the City of Remerton.
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 ofprincipal 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.

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SECTION 6.13. Licenses; permits; fees.

The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the City of Remerton 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 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 Remerton of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

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

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SECTION 6.21. Short-term loans.

The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.

SECTION 6.22. 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. Budget ordinance.

The city council shall provide an ordinance on the procedures and requirements for the preparation and execution ofan annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans. The city council shall also comply with the budgeting and auditing provisions of Chapter 81 of Title 36 of the O.C.G.A.

SECTION 6.25. Operating budget.

On or before a date fixed by the city council but not later than 15 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29 of this charter, the budget message, and all supporting

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documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.26. Action by city council on budget.
(a) The councilmembers may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than May 15 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and 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. Levy of taxes.
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. Capital improvements.

(a) On or before the date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the councilmembers shall consider a capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than March 15 ofeach year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

SECTION 6.30. Audits.

There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.

SECTION 6.31. Contracts.

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.

SECTION 6.32. Purchasing.

The city council shall by ordinance prescribe procedures for a system ofcentralized purchasing for the city.

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SECTION 6.33. Sale and lease of 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 ofland owned by the city, the city council may sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use ofthe abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
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 not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.

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SECTION 7.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of this city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 90 days before or during which time the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

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 and definitions.

(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 and 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 Town of Remerton, Georgia, approved April 19, 2000 (Ga. L. 2000, p. 4220), is repealed in its entirety.

SECTION 7.16. Effective date.

This Act shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law without such approval.

4116 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 2004 regular session of the General Assembly of Georgia, a bill to provide a new Charter for the City of Remerton; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Borders, who on oath deposes and says that he is the Representative from District 142 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County on February 20, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RON BORDERS Ron Borders Representative, District 142
Sworn to and subscribed before me, this 24th day of February, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17,2004.

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MARION COUNTY- BOARD OF COMMISSIONERS; DISTRICTS.

No. 707 (House Bill No. 1611 ).

AN ACT

To amend an Act creating the board ofcommissioners ofMarion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to change certain provisions regarding officers and quorum; 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 the board of commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, is amended by striking Sections I, 2, and 4 and inserting in their place the following:

'SECTION I. The Board ofCommissioners ofMarion County which existed immediately prior to the effective date of this Act, is continued in existence but on and after the effective date ofthis Act, shall be constituted as provided in this Act. The Board of Commissioners of Marion County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities ofthat board as existed immediately prior to the effective date of this Act.

SECTION2. (a) On and after January I, 2005, the Board of Commissioners ofMarion County shall consist of five members, four of whom shall be elected from commissioner districts described in subsection (b) of this section except for the fifth member who is elected at large as provided in this section. (b) For purposes of electing members of the board of commissioners, other than the at-large member, Marion County is divided into four commissioner districts. One member of the board shall be elected from each such district. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: marionsb03cc04 Plan Type: Local User: staff Administrator: Marion.

4118 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 Marion 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 Marion County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of2000 for the State of Georgia. Except as othetwise provided in the description of any commissioner 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 of2000 for the State of Georgia.
SECTION 3. (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, if elected, must receive the number of votes 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 at-large member of the board may reside anywhere within Marion County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The at-large member must continue to reside within the county during that person's term of office or that office shall become vacant.

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SECTION 4. (a) The members of the board serving in office on January 1, 2004, and any person selected to fill a vacancy in any such office shall continue to serve until the expiration of the terms for which they were elected and until their successors are elected and qualified.
(b)( 1) Ronald Graham, the member of the board elected at the November, 2000, special election, shall be designated to be serving from and representing Commissioner District 1, but as newly described under this Act. (2) Sandra Tyler, the member of the board elected at the November, 2002, general election, shall be designated to be serving from and representing Commissioner District 2, but as newly described under this Act. (3) Myron Wells, the member of the board elected at the November, 2000, special election, shall be designated to be serving from and representing Commissioner District 3, but as newly described under this Act. (c)( 1) The members of the board representing Commissioner Districts 1 and 4 and the at-large member shall be elected at the general election in 2004 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. (2) The member of the board representing Commissioner District 2 shall be elected at the general election in 2004 and quadrennially thereafter and shall take office on the first day of January immediately following such member s election for a term of four years and until such member s successor is elected and qualified. (3) The first member from Commissioner District 3 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 District 3 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, 2006, and upon the election and qualification of such member s successor. All future successors to such member of the board whose term of office is to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such term, shall take office the first day of January immediately following that election, and shall serve for a term of office of four years and until such member's successor is elected and qualified. (d) 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'."

SECTION2. Said Act is further amended by striking Section 8 and inserting in its place a new Section 8 to read as follows:

4120 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"SECTION 8. The board ofcommissioners shall hold a regular meeting on such day as they shall determine in each month at the courthouse in said county, but they may hold special meetings at any time and at any place in said county that their duties may require them. At such meetings the chairperson shall preside, if present, but in all cases three shall constitute a quorum to do business, and at the concurrence of any three commissioners shall decide all questions. The board at the first meeting each year shall elect one of their members as chairperson and one as vice chairperson.'

SECTION 3. Said Act is further amended by striking Section 10 and inserting in its place a new Section 10 to read as follows:

Reserved."

"Section 10.

SECTION 4. The Board of Commissioners of Marion 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.

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

Plan Name: marionsb03cc04 Plan Type: Local User: staff Administrator: Marion

Redistricting Plan Components Report

District 00 1 Marion County
Tract: 9801 BG:2 2095 2137 BG: 3 3029 3030 Tract: 9802 BG: 1 1001 1002 1003 1004 1005 1008 1009 1015 1016 1017 1018 1019 1021 1022 1023 1026 1029 1031 1032 1033 1039 1040 1041 1042 1043 1044 1045 1046 1047 1049 1050 1051 1052 1053 1054 1055 BG: 3

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3009 3010 3011 3012 3013 3024 3038 3046 3047 3048 3049 3050 3051 3052 3053 3054 3057 3058 3059 3060 3061 3062 3063 3064 3998 3999

District 002 Marion County
Tract: 9801 BG: I 1000 1001 1002 1003 1004 1005 1006 1007 1008 I 009 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 1998 1999 BG: 2 2000 2001 2002 2057 2058 2062 2063 2064 2065 2066 2069 2134 2135 2136 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 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 3998 Tract: 9802 BG: 1 1000 1027 1028 1030 1048 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3019

District 003 Marion County
Tract: 9801 BG: 1 1057 1058 1059 1060 1061 1062 1063 1064 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 201520162017201820192020202120222023202420252026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 203 7 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2059 2060 2061 2067 2068 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 2096 2097 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2138 2997 2998

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2999 BG: 3 3025 3026 3027 3028 3999 Tract: 9802 BG:2 2014 2015
District 004 Marion County
Tract: 9801 BG:2 2098 2099 2100 2101 2102 Tract: 9802 BG: 1 1006 1007 1010 1011 1012 1013 1014 1020 1024 1025 1034 1035 1036 1037 1038 1998 1999 BG:2 2000 2001 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 2048 2049 2050 205120522053205420552056205720582059206020612062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2075 2076 2077 2079 2080 2081 2082 2999 BG: 3 3014 3015 3016 3017 3018 3020 3021 3022 3023 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3039 3040 3042 3043 3044 3045 3055 3056
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to change certain provisions regarding officers and quorum; to provide for submission of this Act for preclearance under the Federal Voting Rights Act of 1965, as amended; and for other purposes.

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This 2nd day of February, 2004.

Representative Jimmy Skipper ll6th District

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 oflntention to Introduce Local Legislation was published in the Tri-County Journal which is the official organ ofMarion County on February 18, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

sf JIMMY SKIPPER Jimmy Skipper Representative, District 116

Sworn to and subscribed before me, this 23rd day of February, 2004.

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

Approved May 17, 2004.

CANDLER COUNTY- JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS.
No. 708 (House Bill No. 1619).
AN ACT
To provide that future elections for the office of probate judge of Candler 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:

4124 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION l. All elections for the office of probate judge of Candler 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 Candler 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 Candler 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. 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 given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to provide for the nonpartisan nomination and election of the Probate Court Judge of Candler County; to provide for the requirements and procedures ofthe nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for authority for this Act; 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, 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 Metter

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Advertiser which is the official organ of Candler County on January 28, 2004, 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 24th day of February, 2004.

s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)

Approved May 17,2004.

ELBERT COUNTY- FORM OF GOVERNMENT; ADVISORY REFERENDUM.
No. 709 (House Bill No. 1621).
AN ACT
To provide for an advisory referendum election to be held in Elbert County for the purpose of determining if the recommendation submitted by the Committee to Study the Form of Government for Elbert County is desired by the people of said county; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Elbert County shall call and conduct an election as provided in this section for the purpose of submitting an advisory question to the voters ofElbert County for approval or rejection. The 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 superintendent shall cause the date and purpose ofthe election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Elbert County. The ballot shall have written or printed thereon the words:

4126 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Advisory Referendum Election
YES ( ) Do you favor the recommendation submitted by the Committee to Study the Form of Government for Elbert County that provides that
NO ( ) the Elbert County Board of Commissioners shall retain a full-time county administrator and that the chairperson of the Elbert County Board of Commissioners shall serve in a part-time capacity; shall be elected county wide; shall vote only to break a tie; and shall have veto power, which veto may be overridden by four votes?"
All persons desiring to vote for approval ofthe recommendation shall vote "Yes," and those persons desiring to vote for rejection of the recommendation shall vote "No." The expense of such election shall be borne by Elbert County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative District lies wholly or partially within Elbert County. (b) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Elbert County and is for a public purpose and is an essential governmental function for which public funds may be expended.
SECTION 2. Except as otherwise provided in Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 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 2004 session of the General Assembly of Georgia a bill to provide for an advisory referendum election to be held in Elbert County for the purpose of determining if the recommendations submitted by the Committee to Study the Form of Government for Elbert County are desired by the people of said county; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom McCall, who on oath deposes and says that he is the Representative from District 78 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Elberton Star which is the official organ of Elbert County on February 18, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2004 SESSION
s/ TOM MCCALL Tom McCall Representative, District 78
Sworn to and subscribed before me, this 24th day of February, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17,2004.

4127

CITY OF PRESTON- NEW CHARTER.
No. 710 (House Bill No. 1630).
AN ACT
To provide a new Charter for the City of Preston in the County of Webster; to provide for the corporate powers of said City; to provide for the governing body; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections; to provide for financial and fiscal affairs of said City; to provide for certain general provisions; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION, POWERS
SECTION 1.10. Incorporation.
This Act shall constitute the whole Charter of the City of Preston, repealing and replacing the charter provided by an Act to provide a new Charter for the City of Preston in the County of Webster, approved March 11, 1977 (Ga. L. 1977, p. 2994), as amended. The City ofPreston, Georgia, in the County of Webster and inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style of the City of Preston, Georgia, and by that name shall

4128 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure.
SECTION 1.11. Corporate Boundaries.
(a) The boundaries of the City of Preston shall be those existing on the effective date of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the City of Preston, at all times, shall be shown on a map to be retained permanently in the office of City Clerk and to be designated: "City of Preston, Georgia". Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map. Such entries or additions shall be made by and under the direction of the Mayor. Photographic or other copies of such map certified by the Mayor shall be admitted as evidence in all courts and shall have the same force and effect as with the original map. (b) The City Council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace.
SECTION 1.12. Examples of Powers.
The corporate powers of the City may include, but shall not be limited to, the following:
(I) Property Taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) Other Taxes. To levy and collect such other taxes as may be allowed now or in the future by State law; (3) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any City taxes or fees; (4) Appropriations and Expenditures. To make appropriations for the government of the City, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City; (5) Municipal Debts. To appropriate and borrow money for the payment of debts of the City and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia;

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(6) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City; (7) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens, or such terms and conditions as the donor or grantor may impose; (8) Condemnation. To condemn property, inside or outside the corporate limits of the City for present or future use, and for any corporate purpose deemed necessary by the governing authority, under Title 22 of the Official Code of Georgia Annotated or under other applicable general laws ofthe State ofGeorgia as are or may be enacted or amended; (9) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal ofservice for refusal or failure to pay same and the manner in which such remedies shall be enforced; (10) Public Utilities and Services. To grant franchises or make contracts for public utilities and public service, to prescribe the rates, fares, regulations and standards and conditions ofservice applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Georgia Public Service Commission; (ll) Roadways. To layout, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the City; and to grant franchises and rights of way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; (12) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the City; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated or other applicable general laws ofthe State of Georgia, as are or may be enacted or amended; ( 13) Sidewalk Maintenance. To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and

4130 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
maintenance shall be effected, including the penalties to be imposed for failure to do so; ( 14) Building Regulation. To regulate the erection and construction ofbuildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; and to license the construction and erection of buildings and all other structures; (15) Planning and Zoning. To provide such comprehensive City planning for development by zoning, subdivision regulation and the l*e as the City Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (16) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; ( 17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of alcoholic beverages; the use of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use oflighting 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 ofany kind whatever, by taxation or otherwise; to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (18) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the City and to prescribe penalties and punishment for violation of such ordinances; ( 19) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Air and Water Pollution. To regulate the emission of smoke or their exhaust, which pollutes the air, and to prevent the pollution of natural streams which flow within the corporate limits of the City; (21) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (22) Public Hazards, Removal. To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (23) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection

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of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (24) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business herein benefitting from such services; to enforce the payment ofsuch charges, taxes or fees, and to provide for the manner and method of collecting such service charges; (25) Sewer Fees. To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; to charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (27) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the City and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (28) Jail Sentences. To provide that persons given jail sentences in the City's court shall work out such sentence in any public works or on the streets, roads, drains and squares in the City; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (29) Animal Regulations. To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane disposal, when not redeemed as provided by ordinance; to provide punishment for violation of the ordinance enacted hereunder; (30) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the City; (31) Taxicabs. To regulate and license vehicles operated for hire in the City; to limit the number ofsuch vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (32) Pensions. To provide and maintain a system ofpensions and retirement for officers and employees of the City; (33) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements;

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(34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefor; (35) City Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies ofthe City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (37) Police and Fire Protection. To exercise the power of arrest through duly appointed police officers and to organize and operate a fire-fighting agency; (3 8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the City, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the City; (39) Urban Redevelopment. To organize and operate an urban redevelopment program; (40) Public Transportation. To organize such public transportation systems as are deemed beneficial; (41) General Health, Safety, and Welfare. To define, regulate or prohibit any act, practice, conduct or use of property detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards; and (42) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the City and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be 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 ofthe State of Georgia.
SECTION 1.13. Exercise of Powers.
All powers, functions, rights, privileges, and immunities of the City, its officers, agencies, or employees may be exercised as provided by this charter. Ifthis charter makes no provision such may be exercised as provided by ordinance or as provided by pertinent laws of the State of Georgia.

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ARTICLE II GOVERNING BODY

SECTION 2.10. Creation; Composition; Number; Election.

The Governing Body of this City shall be composed of a Mayor and four Councilmembers who shall be elected in the manner provided by Article V of this charter.

SECTION 2.11. Terms and Qualification of Office.

The members of the governing body 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 he or she shall have been a resident of the City for a period of one year immediately prior to the date of the election of Mayor or Councilmembers and shall continue to reside therein during his or her period of service and shall be registered and qualified to vote in municipal elections of the City.

SECTION 2.12. Vacancy; Filling of; Forfeiture of Office.

(a) The office of Mayor or 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 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 Article V of this charter. (c) The Mayor or any Councilmember shall forfeit his or her office if he or she:
( 1) Lacks at any time during his or her term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) Willfully and knowingly violates any express prohibition of this charter; or (3) Is convicted of a crime involving moral turpitude.

SECTION 2.13. Compensation and Expenses.

The salaries of the Mayor and City Council of Preston, Georgia, shall be fixed by said Mayor and City Council in January next following the City's election except as otherwise limited by the general laws of the State of Georgia. The Mayor and Councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties.

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SECTION 2.14. Prohibitions.
Except as authorized by law, no Councilmember shall hold any other elective City office or City employment during the term for which he or she was elected.
SECTION 2.15. Code of Ethics.
The Governing Body may enact by ordinance a Code of Ethics, which shall apply to all elected officials, appointed officers and employees of the City.
SECTION 2.16. Inquiries and Investigations.
The Governing Body 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 Governing Body shall be punished as provided by ordinance.
SECTION 2.17. General Power and Authority of the Council.
(a) Except as otherwise provided by law or by this charter, the Governing Body shall be vested with all the powers of government of this City as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the Governing Body shall have the authority to adopt and provide for the creation of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life or property, health, welfare, sanitation, comfort, convenience, prosperity, orwell-being ofthe inhabitants ofthis City. The Governing Body may enforce such ordinances by imposing penalties for the violation thereof. (c) The Governing Body may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments, of the City and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter.

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SECTION 2.18. Chief Executive Officer.

The Mayor shall be the chief executive of the City. He or she shall possess all of the executive and administrative powers granted to the City under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter.

SECTION 2.19. Powers and Duties of Mayor.

As the chief executive of this City, the Mayor: (I) Shall see that all laws and ordinances of the City are faithfully executed; (2) Shall preside at all meetings of the Mayor and Council and shall have the right to vote on all questions that come before the Governing Body unless he or she is otherwise disqualified; (3) Shall appoint and remove all officers, department heads, and employees of the City by and with the consent of Council except as otherwise provided for in this charter; (4) Shall exercise supervision over all executive and administrative work of the City and provide for the coordination of administrative activities; (5) May prepare and submit to the Council a recommended annual operating budget and recommended capital budget; (6) May submit to the Council at least once a year a statement covering the financial conditions of the City and, from time to time, such other information as the Council may request; (7) Shall recommend to the Council such measures relative to the affairs of the City, improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (8) Shall call special meetings of the Council as provided for in Section 2.22(b) of this charter; (9) May examine and audit all accounts of the City; (I 0) Shall require any department or agency of the City to submit written reports whenever he or she deems it expedient; and (II) Shall perform other duties as may be required by general State law, this charter or ordinance.

SECTION 2.20. Mayor Pro Tern; Selection; Duties.

At the first scheduled meeting in January of each year, the Governing Body shall elect by majority vote of all the members thereof one of their number to the position of Mayor Pro Tern, who shall assume the duties and powers of the Mayor upon the Mayor's disability or absence. The Governing Body shall elect an acting Mayor

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Pro Tern from among its members for any period in which the Mayor Pro Tern is disabled, absent or acting as Mayor. Any such absence or disability shall be declared by majority vote of all members of the Governing Body.
SECTION 2.21. Organization Meeting.
(a) The Governing Body shall meet for organization on the first scheduled meeting in January next following the regular City election. The meeting shall be called to order by the City Clerk and the oath of office shall be administered by the City Clerk to the newly elected members as follows:
ni (Name of newly elected official) do solemnly swear that I will faithfully and impartially discharge to the best of my ability, the duties imposed upon me by law as (Mayor or Councilmember as the case may be) for the City of Preston.
HI do further solemnly swear (or affirm) that I am not the holder of any unaccounted for public money due this State; that I am not the holder of any office of trust under the government of the United States, or any other state, or any foreign state which I am prohibited for holding by the laws of the State of Georgia; and that I am otherwise qualified to hold said office, according to the Constitution ofthe United States and Laws of Georgia; and that I will support the Constitution of the United States and of this State.
ni do further solemnly swear that I have been a resident of the City of Preston for one year or more; that I am a registered voter of the City of Preston and resident for the time required by the Constitution and laws of this state.
nso help me God.8
(b) In any January meeting following a regular City election, and following the induction of members, the Governing Body by majority vote of all the members thereof shall elect one of their number to the position of Mayor Pro Tern. The Mayor Pro Tern shall serve for a term of one year and until his or her successor is elected and qualified, and may succeed himself or herself.
SECTION 2.22. Regular and Special Meetings.
(a) The Governing Body shall hold regular meetings at such times and places as prescribed by ordinance. The Governing Body may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the Governing Body may be held on call of the Mayor or two Councilmembers. Notice of such special meetings shall be served on all other

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members personally, or by telephone, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the Mayor and all Councilmembers are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of all members present. With such consent, any business which may be transacted at a regular meeting may be conducted at the special meeting. (c) All meetings of the Governing Body shall be public to the extent required by general State law, and notice to the public of all meetings shall be made as is required by law.

SECTION 2.23. Rules of Procedure.

The Governing Body shall adopt its rules of procedure and order of business consistent with the provisions ofthis charter and shall provide for keeping a journal of its proceedings, which shall be a public record. Where the rules ofprocedure do not address a particular circumstance or situation, then the applicable provisions of Roberts Rules o[Order shall control.

SECTION 2.24. Quorum, Voting.

(a) Three Councilmembers or two Councilmembers and the Mayor shall constitute a quorum and shall be authorized to transact business of the Governing Body. Voting on the adoption of ordinances shall be taken by voice vote, and the ayes and nays shall be recorded in the journal but any member of the Governing Body shall have the right to request a roll-call vote. A majority vote of those present and voting shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. (b) In any meeting of the Governing Body, each member of the Governing Body present shall vote on each question before the Governing Body unless a member of the Governing Body is immediately and particularly interested in the question, or unless a member of the Governing Body is excused from voting by majority vote of the Governing Body. A motion to excuse a member from voting must be made before the question is put to a vote, and such motion shall be decided without debate; except that the member of the Governing Body making the motion may state briefly the reasons the motion was made. (c) The Mayor shall have the right to vote on all questions that come before the Governing Body unless he or she is otherwise disqualified.

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(d) The Governing Body may by Ordinance adopt such other general rules of procedure for the conduct of its meetings, or any amendments thereto, which are not inconsistent with this Charter.
SECTION 2.25. Action Requiring an Ordinance.
(a) Except as herein provided, every official action of the Governing Body which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject that is not expressed in its title. The enacting clause shall be: "The Governing Body ofthe City ofPreston hereby ordains ..." and every ordinance shall so begin. (b) An ordinance may be introduced by any Councilmember and read at a regular or special meeting of the Council. Ordinances shall be considered and adopted or rejected by the Governing Body in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except by unanimous consent of the Council and for emergency ordinances provided in Section 2.26 of this charter. Upon introduction of any ordinance, the Clerk shall as soon as reasonable 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 Governing Body may designate.
SECTION 2.26. Emergency Ordinances.
To meet a public emergency affecting life, health, property, or public peace, the Governing Body may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three 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 sixty 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 ifthe emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances.

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SECTION 2.27. Codes of Technical Regulations.

(a) The Governing Body 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 2.25(b) of this charter for assuring public access to the ordinance shall be construed to include copies of any code of technical regulations as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the City Clerk pursuant to Section 2.28 of this charter. (b) Copies of any adopted code of technical regulations may be made available by the City Clerk for distribution or for purchase at a reasonable price.

SECTION 2.28. Signing, Authenticating, Recording, Codification, Printing.

(a) The City Clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the Governing Body. Every ordinance shall be signed by the Mayor after adoption. (b) The Governing Body shall provide for the preparation of a general codification of all the ordinances of the City. The general codification shall be adopted by the Governing Body by ordinance and shall be published promptly together with all amendments thereto, with this charter and any amendment thereto, and such codes oftechnical regulations and other rules and regulations as the Governing Body may specify. This compilation shall be known and cited officially as the "The Code of the City of Preston, Georgia." Copies of the Code may be furnished to all officers, departments, and agencies of the City and shall be made available for purchase by the public at a reasonable price as fixed by the Governing Body. (c) The Governing Body shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption. Following publication of the first Code of this City and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for incorporation therein. The Council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the Code.

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ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and Service Departments.
(a) Except as otherwise provided in this charter, the Governing Body shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments and agencies of the City, as necessary for the proper administration of the affairs and government of the City. (b) Except as otherwise provided by this charter or general State law, department heads and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the Governing Body. (c) All appointive officers and department heads shall receive such compensation as prescribed by Governing Body and shall serve at the pleasure of the Governing Body.
SECTION 3.11. Boards, Commissions and Authorities.
(a) The Governing Body shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the Governing Body 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 Governing Body for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or general State law. (c) The Governing Body may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Any vacancy on a board, commission, or authority of the City shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general State law. (e) No member of a board, commission or authority shall assume office until he or she has executed and filed with the Clerk of the City an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be administered by the Mayor. (f) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the Governing Body. (g) Except as otherwise provided by this charter or by general State law, each board, commission or authority of the City shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one

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of its own members or may appoint as secretary an employee of the City. Each board, commission, or authority of the City government may establish such bylaws, rules and regulations not inconsistent with this charter, ordinances of the City, or general State law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the Clerk of the City.

SECTION 3.12. City Attorney.

The Governing Body may appoint a City Attorney, together with such assistant City Attorneys as may be authorized, and shall provide for the payment ofsuch attorney or attorneys for services rendered to the City. The City Attorney shall be responsible for representing and defending the City in all litigation in which the City is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the Council as directed; shall advise the Councilmembers, the Mayor, and other officers and employees of the City concerning legal aspects ofthe City s affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as City Attorney.

SECTION 3.13. City Clerk.

The Governing Body may appoint a City Clerk to keep a journal ofthe proceedings of the Governing Body and to maintain in a safe place all records and documents pertaining to the affairs of the City and to perform such other duties as may be required by law or as the Governing Body may direct.

SECTION 3.14. Tax Collector.

The Governing Body may appoint a City Tax Collector to collect all taxes, licenses, fees and other moneys belonging to the City subject to the provisions of this charter and the ordinances of the City, and the City Tax Collector shall diligently comply with and enforce all general laws of the State of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.

SECTION 3.15. City Accountant.

The Governing Body may appoint a City Accountant to perform the duties of an accountant.

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SECTION 3.16. Consolidation of Functions.
The Governing Body may consolidate any two or more of the positions of City Clerk, City Tax Collector, and City Accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions.
SECTION 3.17. Position Classification and Pay Plans.
The Mayor may be responsible for the preparation of a position classification and pay plan, which shall be submitted to the Governing Body for approval upon request by the Governing Body. Said plans may apply to all employees of the City and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted the Council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. For purposes of this Section, all elected and appointed City officials shall not be considered to be City employees.
SECTION 3.18. Personnel Policies.
The Governing Body may adopt rules and regulations consistent with this charter concerning:
( 1) The method ofemployee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV MUNICIPAL COURT
SECTION 4.10. Creation of Municipal Court.
There is hereby established a court to be known as the Municipal Court of the City which shall have jurisdiction and authority to try offenses against the laws and ordinances of the City and to punish for a violation of the same.

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SECTION 4.11. Chief Judge, Associate Judge.

(a) The Municipal Court shall be presided over by a part-time Chief Judge and such part-time, full-time, or standby Associate Judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a Judge on the Municipal Court unless he or she has attained the age of 21 years and is a resident of the same judicial circuit as the Municipal Court is located in. All Judges shall be appointed by Governing Body. (c) Compensation of the Judges shall be as determined by the Governing Body. The Governing Body may also remove for cause such Judge or Judges by a majority vote of the Governing Body. (d) Before entering on duties of his or her office, each Judge shall take an oath given by the Mayor that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality which shall be entered upon minutes of the Governing Body.

SECTION 4.12. Convening.

The Municipal Court shall be convened at regular intervals as designated by Governing Body or at such times as deemed necessary by the Judge to keep current the dockets thereof.

SECTION 4.13. Jurisdiction and Powers.

(a) The Municipal Court shall try and punish for crimes against the City and for violation of its ordinances. The Municipal Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed One Hundred Dollars ($100.00). The Municipal Court may fix punishment for offenses within its jurisdiction not exceeding a fine of One Thousand Dollars ($1,000.00) or imprisonment for 30 days, or both. As an alternative to fine or imprisonment, the Municipal Court may sentence any offender upon conviction to labor on the streets, sidewalks, squares or other public works for a period not exceeding 30 days. (b) The Municipal Court shall have authority to establish a schedule of fees to defray the costs 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. (c) 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

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appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the Judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu 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 on order of the Judge be forfeited to the City or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for City property taxes. (d) The Municipal Court shall have authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (e) The 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. (f) The Municipal Court may compel the presence of all parties necessary to a proper disposal ofeach case by the issuance ofsummonses, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by State law. (g) The Municipal Court is specifically vested with all the jurisdiction and powers throughout the entire area of the City granted by general State laws generally to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
SECTION 4.14. Appeal.
The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Webster County from the Municipal Court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Probate Court; provided, however, that any person who fails to file his or her appeal within ten days of the final determination of his or her case by the Municipal Court shall be deemed to have waived any such right. An appeal to the Superior Court shall be a de novo proceeding.
SECTION 4.15. Rules for Court.
The Judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration ofthe Municipal Court; provided, however, that the Judge may adopt in whole or in part the rules and regulations relative to the procedure for the

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operation ofthe Superior Court under the general laws ofthe State ofGeorgia. The rules and regulations made or adopted by said Court shall be filed with the City Clerk and shall be available for public inspection upon request.

SECTION 4.16. Intergovernmental Contract with Webster County.

Notwithstanding any other provision of this Article, the Governing Body shall be authorized to enter into an intergovernmental contract with the Board of Commissioners of Webster County under such terms and conditions as may be agreed to by such parties, that all civil and criminal cases that would otherwise be under the jurisdiction of the Municipal Court, as provided in this Charter or by general State law, shall be heard and disposed of by the Magistrate Court of Webster County. Such contract shall provide, among other things, for compensation, if any, to the Magistrate Judge for such services, for the transfer of all functions of the Municipal Court to said Magistrate Court, including record keeping functions, and for the.payment ofall fines and forfeitures assessed and paid for violations of City Ordinances to the treasury of Webster County.

ARTICLE V ELECTIONS

SECTION 5.10. Applicability of General Law.

All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.11. Election of Council and Mayor.

There shall be an election for Mayor and four Councilmembers, on the next Tuesday following the first Monday in November in each odd-numbered year. The Mayor and Councilmembers are to serve four-year terms. The terms of office of members of the Council shall commence at the time of taking the oath of office as provided for in Section 2.21 of this charter. Each elected officer shall serve until his or her successor is duly elected and qualified and has taken the oath of office.

SECTION 5.12. Special Elections; Vacancies.

In the event that the office of Mayor or Councilmember shall become vacant for any cause whatsoever, the Governing Body or those remaining shall order a special election to fill the balance of the unexpired term ofsuch office; provided, however,

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if such vacancy occurs within one year of the expiration of the term of that office, the Governing Body or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.13. Nonpartisan Elections.
Political parties shall not conduct primaries for City offices and all names of candidates for City offices shall be listed without party labels.
SECTION 5.14. Other Provisions.
Except as otherwise provided by this charter, the Governing Body 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 5.15. Grounds for Removal.
The Mayor, Councilmembers, or others provided for in this charter shall be removed from office for any one or more of the following causes:
( 1) Incompetence, misfeasance or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowing violation of any express prohibition of this charter; (5) Abandonment of office or negligence in performing the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by law.
SECTION 5.16. Procedure for Removal.
Removal of an above-described officer may be accomplished by one of the following methods:
(1) By majority vote of the full Governing Body after an investigative hearing, the officer to be removed not voting if he or she is a member of the Governing Body. In the event an elected officer is sought to be removed by the action ofthe Governing Body, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing, which shall be held not less than ten

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days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the Council to the Superior Court of Webster County. Such appeal shall be governed by the same rules as govern appeals to the Superior Court from the Probate Court; or (2) By any other manner authorized by Georgia law.

ARTICLE VI FINANCE

SECTION 6.10. Property Tax.

The Governing Body may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the City that is subject to such taxation by the State and county. This tax is for the purpose of raising revenues to defray the costs of operating the City government; providing governmental services; for the repayment ofprincipal and interest on general obligations; and for any other public purpose as determined by the Governing Body in its discretion.

SECTION 6.11. Millage Rate Due Dates, Payment Methods.

The Governing Body by ordinance shall establish a Millage rate for the City property tax; a due date; and in what length of time these taxes must be paid. The Governing Body, 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. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount approximated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the City.

SECTION 6.12. Occupational Taxes.

The Governing Body by ordinance shall have the power to levy such occupation taxes as are authorized by general State law. Such taxes may be levied on both individuals and corporations who transact business in the City or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to the City to be so taxed. The Council may classify businesses, occupations, professions or callings for the purpose of such

4148 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
taxation in any way which may be lawful and compel the payment of such taxes as provided in this article.
SECTION 6.13. Licenses, Permits, Fees.
The Governing Body by ordinance shall have the power to require any individuals or corporations who transact business in this City or who practice any profession or calling therein to obtain a license or permit for such activity from the City and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude City regulation. Such fees may reflect the total cost of the City of regulating the activity and if unpaid shall be collected as provided in this article for delinquent taxes and fees. The Governing Body by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
SECTION 6.14. Service Charges.
The Governing Body by ordinance shall have the power to assess and collect fees, charges, and tolls for water, sewer, sanitary, or health services, or any other services rendered within and without the corporate limits of the City in such amounts as the City may deem appropriate, taking into account the anticipated cost of providing, expanding, and maintaining such services. If unpaid, such charges shall be collected as provided in this article for delinquent taxes and fees.
SECTION 6.15. Special Assessments.
The Governing Body shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, water lines, sewers, or other utility mains and appurtenances from the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of 10 percent, and shall thereafter be subject to interest at the rate of 12 percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and City property taxes. Said lien shall also be enforceable by the same procedures and under the same remedies as provided for in this article for City Property taxes.

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SECTION 6.16. Construction, Other Taxes.

The Governing Body shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of the Governing Body to govern its local affairs.

SECTION 6.17. Collection of Delinquent Taxes and Fees.

The Governing Body by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the City by whatever reasonable means as are authorized by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fa.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking City licenses for failure to pay any City taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions.

SECTION 6.18. Transfer of Executions.

The City Clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers oftax fi. fas; provided, however, that upon levy ofexecution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the City, the owner of such property in fee simple or lesser interest shall not lose his or her right to redeem the property in accordance with the requirements of redemption of property sold under State or county ad valorem tax fi. fa. as said requirements now exist or as may be hereinafter provided by law.

SECTION 6.19. General Obligation Bonds.

The Governing Body shall have the power to issue bonds for the purpose ofraising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.

4150 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.20. Revenue Bonds.
Revenue bonds may be issued by the Governing Body as provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as now or hereafter amended, or by any other Georgia law as now or hereafter provided.
SECTION 6.21. Short-term Notes and Leases.
(a) The Governing Body may obtain any short-term loans, including tax anticipation notes, between January 1 and December 31 of each year as is authorized by State law. (b) The Governing Body may also enter into multiyear lease purchase, purchase, or lease purchase contracts as may be authorized by Code Section 36-60-13 of the O.C.G.A., as now or hereafter amended.
SECTION 6.22. Fiscal Year.
The Governing Body shall set the fiscal year by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the City government, unless otherwise provided by general State or federal law.
SECTION 6.23. Preparation of Budgets.
The Governing Body may provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program and a capital budget including requirements as to the scope, content and form of such budgets and programs.
SECTION 6.24. Additional Appropriations.
The Governing Body may make appropriations in addition to those contained in the current operating budget at any regular meeting or at any special meeting called for such purpose. Any such additional appropriations, however, may be made only for an existing unappropriated surplus in the fund to which it applies.

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SECTION 6.25. Capital Improvements Budget.

(a) The Mayor may submit to the Governing Body a proposed capital improvements budget with his or her recommendations as to the means offinancing the improvements proposed for the ensuing fiscal year. The Governing Body shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The Governing Body shall not authorize expenditures for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health, or property ofthe inhabitants, provided that such authorization is passed by majority vote ofthe Governing Body. (b) No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the Mayor may submit amendments to the capital improvements budget, accompanied by his or her recommendations thereon, at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the Governing Body.

SECTION 6.26. Independent Audit.

There shall be an annual, independent audit ofall City accounts, funds and financial transactions by a qualified public accountant selected by the Governing Body. The audit shall be conducted according to generally accepted governmental accounting principles. Any audit of any funds by the State or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public.

SECTION 6.27. Contracting Procedures.

No contract with the City shall be binding on the City unless: (1) It is in writing; and (2) It is made or authorized by the Governing Body and such approval is entered in its minutes.

SECTION 6.28. Centralized Purchasing.

The Governing Body may by ordinance prescribe procedures for a system of centralized purchasing for the City.

4152 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.29. Sale of City Property.
(a) The Governing Body may sell and convey any real or personal property owned or held by the City for governmental or other purposes as authorized by general State law. (b) The Governing Body may quitclaim any rights it may have in property not needed for public purposes upon 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 or significant monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the City, a small parcel or tract ofland is cut off or separated by such work from a larger tract or boundary ofland owned by the City, the Governing Body may authorize the Mayor to execute and deliver in the name of the City a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Eminent Domain.
The Governing Body is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the City, and to regulate the use thereof, and for such purposes, property may be taken under the provisions ofGeorgia law authorizing the exercise ofthe power ofeminent domain.
SECTION 7.11. Franchises.
The Governing Body shall have the power to grant franchises for the use of the City's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. Subject to federal and state law, the

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Governing Body shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of35 years and no franchise shall be granted unless the City receives just and adequate compensation therefor. The Governing Body shall provide for the registration of all franchises with the City Clerk in a registration book to be kept by him or her. The Governing Body may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

SECTION 7.12. Official Bonds.

The officers and employees of the City, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the Council may from time to time require by ordinance or as may be required by State law.

SECTION 7.13. Prior Ordinances.

All ordinances, bylaws, 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 Governing Body.

SECTION 7.14. Existing Personnel and Officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the City and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which the existing Governing Body shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition.

SECTION 7.15. Pending Matters.

Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be dealt with by such City agencies, personnel or office as may be provided by the Council.

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SECTION 7.16. Penalties.
The violation of any provisions of this charter, for which penalty is not specifically provided herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than One Thousand Dollars ($1 ,000.00), or by imprisonment not to exceed 60 days, or both such fine and imprisonment.
SECTION 7.17. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is intended to be mandatory and the word "may" is not. (c) The word "City" shall mean the City of Preston, Georgia. (d) The word "Governing Body" shall mean the Mayor and City Council of the City. (e) The singular shall include the plural and vice versa.
SECTION 7.18. Severability.
Ifany article, section, subsection, paragraph, sentence, or part thereofofthis charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other.
SECTION 7.19. Specific Repealer.
An Act to provide a new Charter for the City of Preston in the County of Webster, approved March 11, 1977 (Ga. L. 1977, p. 2994), as amended, is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety, except as otherwise provided herein.
SECTION 7.20. Effective Dates.
For the purpose of holding the elections provided for in Section 5.11 ofthis Act, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without such approval. For all other purposes, this Act

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shall become effective when the Mayor and Councilmembers elected under Section 5.ll(a) of this Act take their oaths of office.

SECTION 7.21. Repealer.

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

Town of Preston Notice Intention to Introduce Local Legislation
Notice is given that there will be introduced at the regular 2004 session of the General Assembly ofGeorgia a bill to provide a new Charter for the City ofPreston in the County of Webster; and for other purposes.
This Day of February 16, 2004.
Town of Preston City Council
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 Stewart-Webster Joumal which is the official organ ofWebster County on February 19,2004, and that the notice requirements of Code Section 28-1-14 have been met.
sf BOB HANNER Bob Hanner Representative, District 133
Sworn to and subscribed before me, this 23rd day of February, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.

4156 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COBB COUNTY- STATE COURT; ADDITIONAL JUDGES.
No. 711 (House Bill No. 1650)
AN ACT
To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211 ), as amended, particularly by an Act approved April I, 1999 (Ga. L. 1999, p. 3611 ), and by an Act approved April 27, 2000 (Ga. L. 2000, p. 4535), so as to add an additional judge to Division I of the State Court of Cobb County; to add an additional judge to the second division ofthe State Court ofCobb County; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particu1arlyby an Act approved April!, 1999 (Ga. L. 1999, p. 3611), and by an Act approved April 27, 2000 (Ga. L. 2000, p. 4535), is amended by striking subsections (a) and (c) of Section 2-2 ofpart 2 of said Act and inserting in lieu thereofnew subsections (a) and (c) to read as follows:
"(a) In addition to all other judges of the state court, there shall be five judges of the second division. As used hereafter in this part only, the term 'judge' means a judge of the second division of the State Court of Cobb County, except that neither 'other judge of state court' nor 'senior judge' means a judge of that second division. The qualifications and election of the judges shall be as provided by general law; provided, however, that the initial appointment of the additional judge provided for in this Act shall be by the Governor for a term beginning on October 1, 2005, and expiring December 31,2006, and upon the election and qualification of a successor." "(c) The judge who is senior in point of continuous service, including for this purpose prior service as magistrate, shall be known as the presiding judge. If the five judges were first elected in the same election, the one having the longest active service as a member of the State Bar of Georgia shall be known as the presiding judge. The five judges, in performing their duties and responsibilities, shall share, divide, and allocate the work and duties to be performed by each of them. In the event of a disagreement between the judges with respect to such matters, the decision of the presiding judge shall govern."
SECTION 2. Said Act is further amended by adding a new paragraph at the end of Section 3 of said Act to read as follows:

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"There shall be an additional judge of Division 1 of the State Court of Cobb County. Such additional judge shall be elected in the manner provided by law for the election ofjudges ofthe state courts ofthis state at the general nonpartisan election in 2006 for a term of four years beginning on the first day of January, 2007, and until his or her successor shall have been elected and qualified; provided, however, that the initial additional judge of Division 1 of the State Court of Cobb County shall be appointed by the Governor for a term beginning October 1, 2004, and expiring December 31, 2006, and upon the election and qualification of a successor. Future successors shall be elected at the general nonpartisan election conducted immediately prior to the expiration ofthe term of office, and they shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Said additional judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judges of Division 1 of the State Court of Cobb County. Any of the judges of said court may preside over any cause and perform any official act as judge thereof. The compensation ofthe additional judge shall be the same as that provided for other judges ofDivision 1ofthe State Court ofCobb County. Upon request of the additional judge, the governing authority of Cobb County is authorized to furnish the additional judge with suitable courtroom space and facilities, office space, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are declared to be an expense ofcourt and payable out of the county treasury as such.'

SECTION 3. This Act shall become effective for the purpose of appointing the initial judges provided for herein upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, Section 1 shall become effective on October 1, 2005, and Section 2 shall become effective on October 1, 2004.

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 2004 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended; and for other purposes.
This 14th day of January 2004.

4158 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Cobb County Delegation By: State Rep. Judy Manning, Chairperson
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 of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on January 16, 2004, 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 February, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.
COBB COUNTY- DEPUTY CLERK OF SUPERIOR COURT; COMPENSATION.
No. 712 (House Bill No. 1659).
AN ACT
To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, is amended by striking subsection (b) of Section 4 thereof and inserting in its place a new subsection (b) to read as follows:
'(b) The clerk of the superior court shall be allowed a deputy clerk whose annual salary shall be $79,295.17, to be paid in equal monthly installments from the funds in the county treasury. Any candidate for the office ofclerk ofthe Superior Court of Cobb County shall, on the date ofhis or her qualification for such office in either a primary or general election, certify to the judge of the Probate Court of Cobb County the name of the person he or she shall appoint as deputy clerk in the event he or she is elected to the office of clerk; and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he or she was so named. In the event of the death or removal from office of said deputy clerk, the clerk of the superior court shall have 30 days from said date of death or removal from office ofsaid deputy clerk to certify to the judge of the Probate Court of Cobb County the name of the new deputy clerk to be appointed. In addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of the office, provided that the number ofemployees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County.'

SECTION2. 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 2004 session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes.

4160 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Wix, who on oath deposes and says that he is the Representative from District 33, Post 1 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 16, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/DONWIX Don Wix Representative, District 33, Post 1
Sworn to and subscribed before me, this lOth day ofFebruary, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.
CLAYTON COUNTY-STATE COURT; TECHNOLOGY FEE.
No. 713 (House Bill No. 1660).
AN ACT
To amend an Act creating the State Court ofClayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3985), so as to provide for the imposition and collection ofa fee to be used for fulfilling the technological needs ofthe state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3985), is amended by inserting immediately after Section 26 a new Section 26A to read as follows:

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"SECTION 26A. (a) The clerk of the state court shall be entitled to charge and collect a technology fee at the time of filing of each civil action in an amount not to exceed $5.00, in addition to all other legal fees and costs associated with the filing of each civil action. (b) In every case in which the state court shall impose a fine, which shall be construed to include fees or costs, for any offense against a criminal or traffic law of this state there shall be imposed as an additional penalty, designated as a technology fee, an amount not to exceed $5.00, in addition to all other legal fees and costs associated with the case. (c) The amount of the technology fee to be charged and collected in each case, either civil or criminal, shall be fixed by the chief judge of the state court. (d) Technology fees shall be used exclusively to provide for the technological needs of the state court and its support offices and personnel, including but not limited to the purchase, lease, installation, and maintenance of computer, imaging, scanning, facsimile, communications, projection, information storage, and printing hardware and related equipment together with any and all software associated therewith and all consultation and training relevant thereto."

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 2004 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended; and for other purposes.
This 17 day offebruary, 2004.
Rep. Gail Buckner District 82
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

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Notice of Intention to Introduce Local Legislation was published in the Clayton News Daily which is the official organ of Clayton County on February 27, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
sf GAIL BUCKNER Gail Buckner Representative, District 82
Sworn to and subscribed before me, this 27th day of February, 2004.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2005 (SEAL)
Approved May 17,2004.
LOWNDES COUNTY PUBLIC FACILITIES AUTHORITY - CREATION.
No. 714 (House Bill No. 1661).
AN ACT
To create the Lowndes County Public Facilities Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to prohibit the pledge ofcredit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for perpetual existence and dissolution; to provide for liberal construction; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short Title.

This Act shall be known and may be cited as the "Lowndes County Public Facilities Authority Act."

SECTION 2. Lowndes County Public Facilities Authority.

(a) There is hereby created a public body corporate and politic to be known as the "Lowndes 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 oflaw and equity. (b) The authority shall consist of five members who shall be appointed by the Board of Commissioners of Lowndes County. With respect to the initial appointment by the board of commissioners of that 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, or in the case of the appointment of a member to serve the unexpired term of a member who has resigned or been removed or otherwise vacated such office, for the remaining period of such unexpired term. 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, a resident of Lowndes County for at least three 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. If at the end of any term of office of any member a successor thereto has not been elected, the member whose term of office has expired shall continue to hold office until his or her successor is so appointed; provided, however, the term of office of any such successor shall be deemed to commence on the day following the expired term of the member then holding office. The Board of Commissioners of Lowndes County may appoint no more than one member ofthat board ofcommissioners as a member of the authority. That board of commissioners shall have the right to remove any member for good cause shown. (c) The Board of Commissioners of Lowndes 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.

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(d) The members ofthe authority shall elect one oftheirnumber as chairperson and another as a vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer is not a member of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until his or her successor is 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. (f) The authority may adopt bylaws, policies, procedures, and other rules with respect to its organization and internal management, including, without limitation, provisions relating to the calling and conduction of meetings of the members of the authority, whether in person or by telephone conference or otherwise, and may delegate to one or more of its officers, agents, and employees such powers and duties as the authority may deem necessary or convenient.
SECTION 3. Definitions.
As used in this Act, the term: ( 1) "Authority" means the Lowndes County Public Facilities Authority created by this Act. (2) "Costs of the project" means and embraces the cost of acquisition, construction, reconstruction, renovation, or improvement; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all furniture, fixtures, machinery, equipment, and other real and personal property and interests therein; financing charges; interest prior to and during construction and for such additional period as the authority shall reasonably determine to be necessary after completion of construction in order to place the project in operation; the cost of engineering, architectural, fiscal advisory, consulting, and legal services, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability ofthe project; administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs incurred to acquire, construct, add to, extend, renovate, improve, equip, operate, or maintain any project. (3) "County" means Lowndes County, Georgia, and any successor political subdivision. (4) "Local governmental unit" means the county and any municipal corporation, school district, or political subdivision of the state located in the county, or any department, division, authority, or instrumentality of the county or any such municipal corporation, school district, or political subdivision, including, without limitation, any joint or multijurisdictional authority or public body which has as

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one of its members or sponsors the county or any one or more of such municipal corporations, school districts, or political subdivisions located in the county. (5) "Project" means:
(A) All lands, buildings, structures, facilities, improvements, furnishings, fixtures, machinery and equipment, and any other real or personal property or any interest in real or personal property of any nature whatsoever; provided that at least a majority of the members of the authority has determined by a duly adopted resolution that such project is necessary or convenient for the efficient operation of any local governmental unit or any department, agency, division, authority, or commission thereof; and (B) Any "undertaking" permitted by the Revenue Bond Law. A project may consist of any personal property or real property or any combination thereof. (6) "Revenue Bond Law" means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, as amended, or any other similar law hereinafter enacted. (7) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (8) "Self-liquidating" means any project for which the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments to be received from 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. (9) "State" means the State of Georgia.

SECTION 4. Powers.

The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation, in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act, except from the funds provided under the authority of this Act; and in any proceedings to condemn, such orders

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may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to provide for their compensation and reimbursement of their expenses; (5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient to exercise the powers ofthe authority, including, but not limited to, any contracts in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, maintenance, or financing of a project; and any and all persons, firms, and corporations and any local governmental unit or units 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 any project, whether located on land owned or leased by the authority or owned or leased by others; (7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority, from any grant or contribution from the United States ofAmerica or any agency or instrumentality thereof, from the state or any agency or instrumentality or other political subdivision thereof, or from any other source whatsoever; (8) To accept loans, grants, or both loans and grants of money, materials, or property of any kind from the United States ofAmerica, the state, or any agency, instrumentality, or political subdivision of the United States of America or the state upon such terms and conditions as the United States of America, the state, or such agency, instrumentality, or political subdivision thereof may require; (9) To borrow money for any of its corporate purposes and to issue revenue bonds and other obligations, leases, trust indentures, loan agreements, agreements for the sale of its revenue bonds, notes, or other obligations and any security documents or instruments deemed necessary or desirable, in the judgment of the authority, to evidence and provide security for any such borrowing; (10) To contract for any period, not exceeding 50 years, with the state, any local governmental unit, or any other municipal corporation, county, or other political subdivision of the state for the use by the authority of any facilities or services of the state, any local governmental unit, or any other municipal corporation, county, or other political subdivision ofthe state, or for the use by the state, any local governmental unit, or any other municipal corporation, county, or other political subdivision of the state of any facilities or services of the authority; provided that such contracts shall deal with such activities and transactions as the

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authority and any such local governmental unit or any other municipal corporation, county, or other political subdivision of the state are authorized by law to undertake. For purposes of this paragraph, references to the state, any local governmental unit, or any other municipal corporation, county, or other political subdivision ofthe state shall include any department, division, authority, or instrumentality of one or more of such entities; ( ll) To extend credit or make loans to any person, firm, or corporation, or to any local governmental unit, for the costs of the project, which credit or loans may be evidenced or secured by loan agreements, notes, assignments, and other security documents, obligations, or instruments, or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with the extension of credit or loans; (12) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey or assign, or otherwise encumber any property of the authority and to execute any lease, trust indenture, trust agreement, agreement of sale, security agreement, mortgage, or deed to secure debt or other documents or instruments as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations; (13) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the purposes of the authority; and ( 14) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 5. Revenue bonds generally.

(a) Generally, the authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum (which may be fixed, may fluctuate, or otherwise change, or may accrue without payment for any period of time), shall be 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, and may be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions, all as may be determined by the authority and set forth in the resolution or any indenture or trust agreement adopted or entered into by the authority in connection with the issuance of such revenue bonds.

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(b) 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, transfer, and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon. (c) All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the authority and the attesting manual or facsimile signature ofthe secretary, assistant secretary, or secretary-treasurer ofthe authority, and the official seal of the authority shall be impressed or imprinted thereon or otherwise affixed thereto. Any coupons attached to the revenue bonds shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary, or secretary-treasurer of the authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signature of such person 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 ofsuch revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery. (d) All revenue bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state. (e) The authority may sell revenue bonds in such manner, in such amounts, and for such prices as it may determine to be in the best interest of the authority. There shall be no limitation upon the amount ofrevenue bonds, notes, or other obligations which the authority may issue. The proceeds derived from the sale of revenue bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such revenue bonds. (f) 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. (g) The authority may provide for the replacement of any revenue bonds or coupons which shall become mutilated or be destroyed or lost. (h) 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

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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 6. Credit not pledged.

Revenue bonds shall not be deemed to constitute a debt of the state, the county, or any other county, municipal corporation, or political subdivision of the state, nor a pledge of the faith and credit of the state, the county, or any other county, municipal corporation, or political subdivision of the state, 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 the state, the county, or any other county, municipal corporation, or political subdivision of the state to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, 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 ofthe 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 7. Trust indenture as security.

In the discretion of the authority, any issuance ofrevenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. 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 8. 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 ofthe proceeds ofthe sale of the revenue bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee ofsuch 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.
SECTION9. Sinking fund.
The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority, in whole or in part, to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the revenue bonds or in the trust indenture may provide; and such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of:
( 1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance ofthe 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 10. Remedies ofbondholders.
Any holder of revenue bonds or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity and by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the

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state, including specifically but without limitation the Revenue Bond Law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.

SECTION 11. Validation.

Revenue bonds and the security therefore shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state, and any institution, department, or other agency thereof, and any county, municipality, school district, or other political subdivision or authority of the state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants.

SECTION 12. 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 Lowndes 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 13. Interest ofbondholders protected.

While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds, nor will the state itself so compete with the authority. The provisions ofthis Act shall be for the benefit ofthe authority and the

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holders of any such revenue bonds, and upon the issuance of such revenue bonds under the provision hereof, shall constitute a contract with the holders of such revenue bonds.
SECTION 14. 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 15. 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, through acquisition, construction, installation, renovation, expansion, modification, or rehabilitation, any buildings, structures, facilities, improvements, furnishings, fixtures, machinery, equipment, and services for the citizens in the county.
SECTION 16. 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 herein provided 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 17. Rules, regulations, service policies, and procedures
for operation of projects.
The authority may prescribe or cause to be prescribed rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired or both constructed and acquired under the provisions of this Act.
SECTION 18. Tort immunity.
To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as the county, and the officers,

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agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the county when in the performance of their public duties or work of the county.

SECTION 19. Tax exempt status of authority.

It is hereby found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this Act. For such reasons, the properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare ofthe people ofthe state, and the authority" s activities in the operation and maintenance of any such properties and all income derived by the authority therefrom, whether in the form of fees, recording fees, rentals, charges, purchase price payments, or otherwise, shall be exempt from all taxes and assessments of any municipality, county, taxing district, or the state and any political subdivision thereof, including, without limitation, any taxes or assessments with respect to the properties owned by the authority.

SECTION 20. Effect on other governments.

This Act shall not and does not in any way affect the right, power, or authority of any local governmental unit or any other political subdivision or municipality ofthe state to own, operate, and maintain public facilities or to issue revenue bonds as provided by the Revenue Bond Law.

SECTION 21. Perpetual existence of authority; dissolution.

Except as otherwise provided in this Act, the authority shall have perpetual existence. If the authority does not have outstanding any unpaid revenue bonds, notes, or other indebtedness, the authority may be dissolved by adoption of an appropriate resolution by the governing authority of the county. Upon any such dissolution, all assets, rights, and obligations of the authority shall devolve to the county.

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SECTION 22. Liberal construction of Act.
This Act, being for the welfare ofvarious political subdivisions and municipalities of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 23. Severability; effect of partial invalidity of Act.
The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
SECTION 24. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 25. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to create the Lowndes County Public Facilities Authority to engage in projects involving buildings, facilities, and other political subdivisions, and involving any other undertaking permissible under the Revenue Bond Law; to issue bends and incur other obligations in connection with such projects 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 oflntention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County on February 27, 2004, and that the notice requirements of Code Section 28-l-14 have been met.

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s/ ELLIS BLACK . Ellis Black Representative, District 144
Sworn to and subscribed before me, this lst day of March, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.

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CITY OF SMYRNA- HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.
No. 715 (House Bill No. 1662).
AN ACT
To amend an Act to provide for a $10,000.00 homestead exemption from all City ofSmyrna ad valorem taxes for certain disabled residents approved January 2, 1989 (Ga. L. 1989, p. 4896), so as to increase the amount of said exemption to $22,000.00; to increase the income limit; to provide for a referendum; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to provide for a $10,000.00 homestead exemption from all City of Smyrna ad valorem taxes for certain disabled residents approved January 2, 1989 (Ga. L. 1989, p. 4896), is amended by striking Section 2 and inserting in lieu thereof the following:
'SECTION 2. Each resident of the City of Smyrna who is disabled is granted an exemption on that person s homestead from all City of Smyrna ad valorem taxes in the amount of $22,000.00 if the resident's net income, together with the net income of the person s spouse who also resides at such homestead, as net income is defined by general law, from all sources, including benefits received from any retirement or

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pension fund when such benefits are based on contributions by the resident or his or her spouse, not including federal old-age, survivor, or disability benefits, does not exceed $12,000.00 for the immediately preceding taxable year for income tax purposes. The value of the homestead in excess of the exempted amount shall remain subject to taxation."
SECTION2. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2005.
SECTION3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Smyrna shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City ofSmyrna for approval or rejection. The election superintendent shall conduct that election on date of the November, 2004, state-wide general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose ofthe election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cobb County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which increases the homestead exemption from all City of Smyrna ad valorem taxes for certain disabled
NO ( ) residents from $10,000.00 to $22,000.00?"
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, then Sections 1 and 2 of this Act shall become of full force and effect on January l, 2005. If the Act is not so approved or if the election is not conducted as provided in this section, Sections I and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Smyrna. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced, at the regular 2004 session of the General Assembly of Georgia a bill to increase the homestead exemption for ad valorem taxes for certain disabled residents of the City of Smyrna; and for other purposes.

This 27th day of February, 2004.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Doug Stoner, who on oath deposes and says that he is the Representative from District 34, Post 1 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Joumal which is the official organ of Cobb County on February 27, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DOUG STONER Doug Stoner Representative, District 34, Post 1

Sworn to and subscribed before me, this 27th day of February, 2004.

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

Approved May 17, 2004.

CITY OF ODUM -MAYOR; VOTING; COMMITTEES.
No. 716 (House Bill No. 1663).
AN ACT
To amend an Act incorporating the City of Odum, approved April 21, 1997 (Ga. L. 1997, p. 4342), so as to change provisions relating to certain committees and chairs thereofand relating to mayoral voting; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act incorporating the City of Odurn, approved April 21, 1997 (Ga. L. 1997, p. 4342), is amended by striking subsection (b) of Section 2.20 and inserting in its place the following:
'(b) All committees and committee chairs and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. The city council shall approve all appointments of committees and committee chairs of the city council.
SECTION 2. Said Act is further amended by striking Section 2.21 and inserting in its place the following:
'SECTION 2.21. The mayor or mayor pro tempore and three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. In the event of a tie vote, the mayor may cast a vote to break the tie. The mayor only casts a vote when a tie occurs.'
SECTION3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Odum, approved April21, 1997, (Ga. L. 1997, p. 4342); and for other purposes.
February 15, 2004.
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 I and further deposes and says that the

GEORGIA LAWS 2004 SESSION

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attached Notice of Intention to Introduce Local Legislation was published in the Press-Sentinel which is the official organ of Wayne County on February 15,2004, 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 1st day of March, 2004.

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

Approved May 17, 2004.

FANNIN COUNTY- MAGISTRATE COURT; COUNTY LAW LIBRARY FEES.
No. 717 (House Bill No. 1664).
AN ACT
To provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Fannin County; to provide for the amount ofsuch fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to the authority of Code Section 15-10-86 and Chapter 15 of Title 36 of the O.C.G.A., law library fees shall be charged and collected in each civil action and case in the Magistrate Court of Fannin County. The amount of such fee shall be $5.00 in each such civil action or case. Such fees shall be in addition to all other legal costs.
SECTION2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without such approval.

4180 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION3. All laws and parts of laws in conflict with this Act are repealed.
Notice Of Intention To Introduce Local Legislation
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court ofFannin County; and for other purposes.
This 20th day of February, 2004.
David Ralston Representative 6th District
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 News Observer which is the official organ of Fannin County on February 24, 2004, 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 lst day of March, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2005 (SEAL}
Approved May 17, 2004.
CONTINUED IN VOLUME TWO, BOOK TWO ONPAGE4l81