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 Two

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 1. Local and Special Acts and Resolutions will be found in Volume II beginning at page 3501. Home rule actions by counties and consolidated governments and by municipalities filed in the Office of the Secretary of State between May 1, 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 ofVolume I, and page 3501, the first page of Volume II. This allows both volumes to be printed simultaneously. Volume II has been divided into two books because of the number of pages in the volume. Page numbers will run consecutively between the books in the volume.
Indexes; lists of Acts, Bills, and Resolutions and their Georgia Laws page numbers; material related to courts; population charts; lists of members of the General Assembly; referendum results; the state auditor s report on funding of retirement bills; and the Governor's veto message are printed in Volume III. Indexes cover material in both Volumes I and II. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. When possible, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.
Each Act and Resolution is preceded by a caption written by the compilers of the Georgia Laws solely to assist the reader in quickly determining the subject matter of the Act or Resolution. This caption includes the Act number assigned by the Governor and the House or Senate Bill or Resolution number which it was given when it was introduced in the General Assembly. These captions are not part ofthe 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 . . . . . . . . . . . . . . . . . . . . . . . . . 3SOI County and Consolidated Government Home Rule Actions ............ 4S4S Municipal Home Rule Actions ................................... 4681 Cusseta-Chattahoochee County Charter ............................ 4811
VOLUME THREE
Acts by Numbers-Page References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IA Bills and Resolutions-Act Number References . . . . . . . . . . . . . . . . . . . . . . . SA Index-Tabular................................................ lOA Index-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 A Population of Georgia Counties-Alphabetically . . . . . . . . . . . . . . . . . . . . . liSA Population of Georgia Counties-Numerically . . . . . . . . . . . . . . . . . . . . . . 122A Population of Municipalities-Alphabetically . . . . . . . . . . . . . . . . . . . . . . . 127A Population of Municipalities-Numerically . . . . . . . . . . . . . . . . . . . . . . . . . 134A Population ofJudicia1 Circuits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 A Georgia Senate Districts, Alphabetically by County . . . . . . . . . . . . . . . . . l4SA Georgia Senators, Numerically by District . . . . . . . . . . . . . . . . . . . . . . . . . 147A Georgia House Districts, Alphabetically by County . . . . . . . . . . . . . . . . . . ISOA Georgia Representatives, Numerically by District . . . . . . . . . . . . . . . . . . . IS 2A Status of Referendum Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 A Vetoes by the Governor ....................................... 320A State Auditor's Report on Funding of Retirement Bills ............... 333A

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

No. 718 (House Bill No. 1143).

AN ACT

To provide a homestead exemption from Quitman 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 Quitman 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 Quitman County school district who is a senior citizen is granted an exemption on that person s homestead from all Quitman 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 Quitman 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 provided in

4182 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
subsection (c) ofthis section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Quitman 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 Quitman 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.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Quitman County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Quitman 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 Quitman County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Quitman 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 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 Quitman 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.

GEORGIA LAWS 2004 SESSION
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 a homestead exemption from Quitman 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 Quitman 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.

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JONES COUNTY- BOARD OF COMMISSIONERS; CHAIRPERSON; DUTIES AND RESPONSIBILITIES; ELECTION; REFERENDUM.
No. 719 (House Bill No. 1112).
AN ACT
To amend an Act creating the board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, so as to provide for the duties and responsibilities of the chairperson of the board; to provide for the full-time status and the compensation of the chairperson; to provide for related matters; to provide for the election of the chairperson by special election rather than regular election in 2004 only; to provide for a referendum election to determine whether such change in duties and status shall become effective; 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 Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, is amended by striking Section 8 and inserting in its place a new Section 8 to read as follows:
HSECTION 8. The chairperson of the board shall receive as compensation the sum of $65,000.00 per year for his or her full-time service. The remaining members of the board shall receive as compensation $550.00 per month. Said members, including the chairperson, when traveling outside the county on county business shall also receive travel expenses when traveling by personal motor vehicle at the legal mileage rate authorized under Code Section 50-19-7 of the O.C.G.A., as now or hereafter amended, and actual expenses for lodging and meals upon submitting an itemized, verified account to the board and upon approval by a majority of the members of the board. In addition, each member of the board, including the chairperson, shall receive a monthly expense allowance of$150.00. All such amounts shall be paid from funds of Jones County.n
SECTION 2. Said Act is further amended by striking Section 11 and inserting in its place a new Section 11 to read as follows:
HSECTION 11. (a) The chairperson of the board of commissioners shall be full time and shall be the chief administrative officer of the county. The chairperson shall be responsible for all administrative activities ofthe board including, but not limited to, compiling the annual budget to cover all anticipated revenues and

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expenditures for the ensuing year, for the approval of the board; maintaining the county's financial records, signing checks, and disbursing all monetary allotments; examining claims against the county and making recommendations as to payment; maintaining budgetary control accounts, proprietary accounts, and property control records; preparing and issuing monthly budgetary reports of county operations; planning and preparing for meeting the financial needs of the county; conducting internal audits of county funds as approved by the board; directing and supervising the administration of all county offices and functions; appointing and fixing the compensation of employees for whom the board is responsible, subject to approval of such compensation by the board; and acting as purchasing agent for the county and entering into contracts approved by the board on behalf of the county. (b) The chairperson is authorized to employ an administrator to assist the chairperson with the duties set forth in subsection (a) of this section. The administrator shall be directed by the chairperson and shall be responsible to the chairperson and the board of commissioners. The administrator shall be appointed by the chairperson and shall have the qualifications and experience as required by the chairperson. The compensation of the administrator shall be set by the board. He or she shall be removable by action of a majority of the members of the board.'

SECTION3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Jones County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Jones County for approval or rejection. The election superintendent shall conduct that election on the date of the July, 2004, general primary. The superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose ofthe election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Jones County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides for a full-time chairperson of the Jones County board of commissioners and fixes the annual
NO ( ) salary of the full-time chairperson at $65,000.00?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect January I, 2005. If the Act is not so approved or if the election is not conducted as provided in this section, then 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. The expense of such election shall be borne by Jones County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

4186 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4. In order that candidates for the office ofchairperson may know the duties and status of the office prior to qualifying, in only the year 2004 the office of chairperson of the board of commissioners of Jones County shall be elected at a special election to be held on the date of and in conjunction with the November, 2004, general election. There shall be no general or special primary election for chairperson in 2004; and there shall be no qualifying for the office of chairperson at the regular 2004 qualifying period. Qualifying for and conduct of the special election at the time of the general election shall instead be as provided by the provisions of the "Georgia Election Code" relating to a special election without a primary.
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 creating the board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, so as to change provisions relating to the duties, responsibilities, and compensation of the chairperson of the board; to provide for related matters; to provide for the time oftaking effect and any conditions as to effectiveness; to repeal conflicting laws; and for other purposes.
This 31st day of December, 2003.
Representative Kenneth W. Birdsong 104th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who on oath deposes and says that he is 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 January 8, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
sf KENNETH W. BIRDSONG Kenneth W. Birdsong Representative, District 104

GEORGIA LAWS 2004 SESSION
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.

4187

DEKALB COUNTY - TAX COMMISSIONER; SCHOOL TAXES; AMOUNT RETAINED.
No. 721 (Senate Bill No. 386).
AN ACT
To provide that the tax commissioner of DeKalb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of DeKalb County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The tax commissioner ofDeKalb County shall remit all educational funds collected by said officer to the Board of Education of DeKalb County, except that 1.25 percent of the funds collected shall be retained by the tax commissioner and remitted to the governing authority ofDeKalb County to reimburse the county for the cost of collecting school taxes.
SECTION 2. It is the intention of this Act to reduce the amount authorized by subsection (a) of Code Section 48-5-404 of the O.C.G.A. as reimbursement to counties for the collection of school taxes, and this Act is pursuant to the specific authority of Paragraph III of Section VI of Article VIII of the Constitution of the State of Georgia.
SECTION 3. This Act shall become effective on July 1, 2005.

4188 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to reduce the amount of reimbursement due ot the governing authority ofDeKalb County for the cost of collecting school taxes; and for other purposes.
This 3rd day of April, 2003.
Senator Nadine Thomas IOth District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nadine Thomas, who on oath deposes and says that she is the Senator from District 10 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion Newspaper which is the official organ ofDeKalb County on AprillO, 2003, and that the notice requirements of Code Section 28-l-14 have been met.
sf NADINE THOMAS Nadine Thomas Senator, District lO
Sworn to and subscribed before me, this 14th 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.

GEORGIA LAWS 2004 SESSION

4189

COBB COUNTY-STATE COURT; JUDGES AND ASSOCIATE JUDGES; COMPENSATION.

No. 730 (House Bill No. 1291).

AN ACT

To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation ofthe judges and associate judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 32 I I), as amended, is amended by striking from Section 23 of Part I the following:
'The salary of the judges of Division I of the State Court of Cobb County shall be $129,004.68 per annum.", and inserting in lieu thereof the following: 'The salary of the judges of Division I of the State Court of Cobb County shall be $134,164.87 per annum."

SECTION 2. Said Act is further amended by striking in its entirety subsection (a) of Section 2-3 of Part 2 and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) The salary of each associate judge shall be $22,500.00 per annum below the salary of the judges of Division 1 of the State Court of Cobb County to be paid in equal monthly installments from the funds of Cobb County. The associate judges are designated as full-time judges and may not engage in the private practice oflaw."

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 amend an Act creating the State Court of

4190 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended; and for other purposes.
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, Rob Teilhet, who on oath deposes and says that he is the Representative from District 34, Post 2 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/ ROB TEILHET Rob Teilhet Representative, District 34, Post 2
Sworn to and subscribed before me, this 26 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 ROSWELL-MAYOR PRO TEMPORE; METHOD OF SELECTION.
No. 731 (House Bill No. 1312).
AN ACT
To amend an Act to reincorporate the City of Roswell in the County of Fulton, approved April 19, 2000 (Ga. L. 2000, p. 3844), so as to change the method of selection of the mayor pro tempore; to provide for related matters; 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 to reincorporate the City of Roswell in the County of Fulton, approved April 19, 2000 (Ga. L. 2000, p. 3844), is amended by striking in its entirety Section 3.100 and inserting in lieu thereof a new Section 3.100 to read as follows:

'SECTION 3.100. Mayor pro tempore.

Annually, by majority vote, at the first regularly scheduled meeting in the month of January, the council shall elect a mayor pro tempore from among its members. Should the election result in a tie, the mayor shall vote to break the tie. The mayor pro tempore shall serve for one year or until a succeeding mayor pro tempore is elected; provided, however, that a councilmember shall not be eligible to serve consecutive terms as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor s disability or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, elected by the members present, shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's 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 an Act to reincorporate the City of Roswell in the County ofFulton, approved April 19,2000 (Ga. L. 2000, p. 3844), so as to change the method of selection of the mayor pro tempore; and for other purposes.
This 26th day of January 2004.
Representative Thomas R. Campbell, Jr. 39th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Campbell, who on oath deposes and says that he is the Representative from District 39 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Fulton

4192 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County Daily Report which is the official organ of Fulton County on January 29, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
sf TOM CAMPBELL Tom Campbell Representative, District 39
Sworn to and subscribed before me, this 2nd 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.
MUSCOGEE COUNTY- BOARD OF EDUCATION; SUPERINTENDENT; PUBLIC WORKS CONTRACTS.
No. 732 (House Bill No. 1316).
AN ACT
To amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3911), so as to change the maximum amount for which the superintendent of the board of education may make public works construction contracts; to change the maximum amount which may be expended for a public works construction contract without affording free competition; to provide that the superintendent of the board of education in an emergency may make certain contracts other than public works construction contracts; to provide for rules and regulations; to provide definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, particularly by an Act approved Aprill9, 2000 (Ga. L. 2000, p. 3911), is amended by striking the undesignated first two

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paragraphs of Section 11 and inserting in their place new undesignated first and second paragraphs to read as follows:

'That the superintendent of the board of education may make public works construction contracts defined as the building, altering, repairing, improving, demolishing, or other improvement of any kind to any school district property, binding said merged school system where the expenditure does not exceed $50,000.00, and may make contracts, other than public works construction contracts, for supplies, labor, repairs, and other necessary school purposes, binding said merged school system where the expenditure involved does not exceed $10,000.00. All expenditures for such purposes in excess of such designated amounts must be first authorized by resolution adopted at a regular or special meeting of the board. No public works construction contract involving an expenditure of more than $50,000.00 and no purchase involving a public works construction contract involving an expenditure of more than $10,000.00 shall be made in any case without affording free competition. No public works construction contract shall be entered into by the board without taking the statutory performance bond required of counties and cities by the laws of this state in such cases.
That the superintendent of the board of education in the event of an emergency may make contracts, other than public works construction contracts, for supplies, labor, repairs, and other necessary school purposes, binding said merged school system where the expenditure involved exceeds $10,000.00, and that the board of education by resolution may adopt rules and regulations governing the administration of this paragraph, including specific procedures which the superintendent must follow in exercising these emergency spending powers. As used in this paragraph, the term 'emergency' means an eventuality which cannot reasonably be foreseen and which ifnot corrected immediately will result in harm to people or property or in economic loss to said merged school system."

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 ofGeorgia a bill to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086) as amended; and for other purposes.

4194 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who on oath deposes and says that he is the Representative from District 112 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ ofMuscogee County on January 28, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ THOMAS B. BUCK, III Thomas B. Buck, III Representative, District 112
Sworn to and subscribed before me, this 2nd 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.
DECATUR COUNTY- BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 733 (House Bill No. 1363).
AN ACT
To create a board of elections and registration for Decatur 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 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 their compensation including a chief election official; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for a certain submission; to provide 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. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created, effective July 1, 2004, the Decatur County Board .of Elections and Registration, hereinafter referred to as "the board." The board shall have powers and duties relating to the conduct of primaries and elections and to the registration of voters and absentee balloting procedures.

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

SECTION 3. (a) The board shall be composed of five members, each of whom shall be an elector and a resident of Decatur County and shall be selected in the following manner:
( l) Two members of the board shall be appointed by the chairperson of the county executive committee ofthe Republican Party. Two members ofthe board shall be appointed by the chairperson of the county executive committee of the Democratic Party. Each appointment shall have been ratified by a majority ofthe members of each of such respective executive committees voting at a regularly scheduled meeting of such executive committees or a meeting duly called and held for such purpose. In the event the members of said executive committees fail to appoint such members at least 30 days preceding the date on which such members are to take office, such members shall be appointed by the commissioners; and (2) The fifth member of the board shall be appointed by the commissioners. (b) The board shall select a chairperson from among its members. (c) The initial terms of office of the member appointed by the commissioners and one member appointed by the chairperson of the county executive committee of each political party shall expire December 31, 2006, and upon the appointment and qualification of their respective successors. The initial terms of office of the remaining members of the board shall expire December 31, 2004, and upon the appointment and qualification of their respective successors.

SECTION 4. The board shall appoint a person to serve as the chief election official of Decatur County. Such position shall be full time and such person shall be paid a salary to be set by the board and payable from county funds. The chiefelection official shall generally direct and control the administration of elections and voter registration in

4196 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Decatur 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.
SECTION 5. Each member of the board shall:
( 1) Serve for a term of four years and until a successor is appointed and qualified, except that initial terms of office shall be as provided in subsection (c) of Section 3 of this Act; (2) Be eligible to be reappointed to succeed such member and shall have the right to resign at any time by giving written notice of such resignation to the commissioners and to the clerk of the Superior Court of Decatur County; and (3) Be subject to removal from the board at any time for cause, after notice and hearing, by the judge of the Superior Court of Decatur County.
SECTION6. (a) The appointment of each member shall be evidenced by the appointing authority filing an affidavit with the clerk of the Superior Court of Decatur County no later than 30 days preceding the date on which such member is to take office, stating the name and residence address of the person appointed and certifYing that such member has been duly appointed as provided in this Act. The clerk of the Superior Court of Decatur 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 Decatur 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 Jaw for county registrars.
SECTION 7. In the event a vacancy occurs in the office of any member, before the expiration of a term by reason of removal, death, resignation, or otherwise, the appointing authority which is required under Section 3 of this Act to make the appointment to the office upon expiration of the term shall appoint a successor to serve for the remainder of the unexpired term in the manner set forth in Section 3 of this Act. If the vacancy in office under subsection (a) of Section 3 of this Act is not filled within 60 days after it occurs, the vacancy shall be filled for the remainder of the unexpired term by the commissioners.
SECTION 8. (a) The first members of the board under this Act shall be appointed as provided in this Act to 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 of Decatur 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 Decatur County Board of Elections and Registration shall be empowered with all the powers and duties relating to the conduct of primaries and elections as election superintendents pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (b) The board is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Chapter 2 ofTitle 21 ofthe 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 21-2-1 11 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 conduct municipal elections and primaries for any municipal corporation located within Decatur County if such municipal corporation has entered into a contract for that purpose with the Decatur 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

4198 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, shall adopt bylaws, shall specify the functions and duties of its employees, and otherwise take such actions as are appropriate to the management of its affairs; provided, however, that no such action shall conflict with general law. (b) Action and decision by the board shall be by a majority vote of a quorum of the members of the board.
SECTION 15. (a) The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. The board shall hold meetings at the county courthouse or at the place of meeting of the commissioners. These meetings shall be held quarterly in years in which there is no county-wide election and monthly in years in which there is a county-wide election. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place of the holding of such meeting has been communicated in writing to the chief election official to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A. (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.
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) Compensation for the members of the board shall be fixed by the commissioners. (c) All amounts payable under this section shall be paid from the funds ofDecatur County.
SECTION 17. Subject to appropnatwn of funds by the commissioners, the board shall be authorized to expend public funds to provide for such proper and suitable administrative offices and for such clerical assistants and other employees as the board shall deem appropriate. Compensation for such administrative personnel shall be paid by the board under the county personnel system wholly from county funds. This section shall not be construed so as to require the board to expend any funds simply because they are authorized to do so under this Act.

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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 Decatur 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. It shall be the duty of the governing authority of Decatur County to require the attorney therefor to submit this Act for approval pursuant to Section 5 ofthe federal Voting Rights Act of 1965, as amended. If implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of July 1, 2004, this Act shall be void and stand repealed in its entirety.

SECTION 20. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 21. All laws and parts of laws in conflict with this Act are repealed.

NOTICE 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 Decatur 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, Hugh D. Broome, who on oath deposes and says that he is the Representative from District 141, Post 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Post-Searchlight which is the official organ ofDecatur County on January 17, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ HUGH D. BROOME Hugh D. Broome Representative, District 141, Post 2

4200 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 3rd 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.
CATOOSA COUNTY- TAX COMMISSIONER; CLERICAL ALLOWANCE.
No. 734 (House Bill No. 1440).
AN ACT
To amend an Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4659), so as to increase the clerical allowance for the tax commissioner; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4659), is amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows:
'SECTION 5. The compensation of the tax commissioner of Catoosa County, as full compensation for any and all duties performed by the tax commissioner as receiver and collector ofschool district and school bond taxes and ofcounty taxes for the first 90 percent of the ad valorem net digest, shall be a fixed salary of $6,000.00 per annum, to be paid in equal semimonthly installments. In addition to said $6,000.00 annual salary, the tax commissioner shall, when acting as ex officio sheriff, be entitled to an additional salary of $200.00 per month, as provided for in subsection (c) of Code Section 48-5-137 of the O.C.G.A. There shall also be paid to the tax commissioner, but not as personal funds of the tax commissioner, the sum of $230,000.00 per annum, to be paid in equal

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semimonthly installments for clerical help necessary for the performance of the duties ofsaid office. Said tax commissioner shall be entitled to the commissions now allowed tax collectors on all state, professional, and special taxes and on all taxes collected in excess of90 percent of the total taxes due according to the ad valorem net digest, which total taxes due shall include, without being limited to, those motor vehicle taxes listed in said digest. Said commissioner shall be entitled to a commission of 10 percent of all collections in excess of 90 percent of the total taxes due according to the tax net digest and said commissioner s entitlement thereto shall be unaffected by any salary limitation set forth in paragraph (3) of subsection (c) of Code Section48-5-180 of the O.C.G.A. Said tax commissioner shall also be entitled to the fees now allowed tax commissioners for motor vehicle license tags and for certain motor vehicle title transactions pursuant to Chapters 2 and 3 of Title 40 of the O.C.G.A. Said tax commissioner shall also be entitled to the commission now allowed tax collectors on intangible taxes pursuant to Code Section 48-6-73 of the O.C.G.A. All commissions due to said tax commissioner for school taxes, school bond taxes, and any and all other taxes not hereinabove specifically mentioned shall be paid into the county treasury. All allowances and salaries paid under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help and no person performing such clerical help for the tax commissioner shall be related to said commissioner closer than the fifth degree of consanguinity or affinity. In the event the maximum allowance for clerical help is not needed for such purpose, the unused portion thereof shall remain as part of the general funds of the county.'

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act creating the office of the Tax Commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved Aprill6, 1999 (Ga. L. 1999, p. 4236), so as to increase the clerical allowance for the tax commissioner, to repeal conflicting laws; and for other purposes.
This 12th day of January, 2004.
Representative Ron Forster, 3rd District, Post 1

4202 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Forster, who on oath deposes and says that he is the Representative from District 3, Post 1and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on January 21, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RON FORSTER Ron Forster Representative, District 3, Post 1
Sworn to and subscribed before me, this lOth 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.
CITY OF DUDLEY- CORPORATE LIMITS.
No. 735 (House Bill No. 1449).
AN ACT
To amend an Act providing a new charter for the City of Dudley, Georgia, in the County of Laurens, approved February 18, 1977 (Ga. L. 1977, p. 2657), as amended, so as to annex certain territory into the City of Dudley and thereby change the corporate limits of such city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Dudley, Georgia, in the County of Laurens, approved February 18, 1977 (Ga. L. 1977, p. 2657), as amended, is amended by adding at the end of Section 1.11 a new subsection (c) to read as follows:

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'(c) The corporate limits of the City of Dudley shall also include the following described tract of land:
All that portion of Georgia State Route 19, and Federal Route U.S. 80, beginning at the existing city limit on the east side of the intersection of Georgia State Route 19, and Federal Route U.S. 80 with Georgia State Route 338; said city limit being approximately 2,624.72 feet from said intersection. Then extending in a southeasterly direction approximately 5,525.28 feet for the uniform width of the right of way for State Route 19, and Federal Route U.S. 80 to its intersection with the west end of Turkey Creek Bridge. Said section of roadway lying and being in Land Lots 226, 251, 252, and 348 of the 18th and 22nd Land Districts of Laurens County, Georgia. All that portion of Georgia State Route 19, and Federal Route U.S. 80, beginning at the existing city limit on the west side of the intersection of Georgia State Route 19, and Federal Route U.S. 80 with Georgia State Route 338; said city limit being approximately 5,171.59 feet from said intersection. Then extending in a northwesterly direction approximately 5,312.20 feet for the uniform width of the right of way for State Route 19, and Federal Route U.S. 80 to an iron pin at the property comer of Gilman Paper Company with said right of way. Said section of roadway lying and being in Land Lots 318, 343, 344, 347 and 346 of the 18th and 22nd Land Districts of Laurens County, Georgia.'

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 charter of the City of Dudley so as to change the corporate boundaries by annexing into such city the following described property: The corporate limits of the City of Dudley shall also include the following described tract of land: All that portion of Georgia State Route 19, and Federal Route U.S. 80, beginning at the existing city limit of the east side of the intersection of Georgia State Route 338; said city limit being approximately 2,624.72 feet from said intersection. Then extending in a southeasterly direction approximately 5,525.28 feet for the uniform width of the right of way for State Route 19, and Federal Route U.S. 80 to its intersection with the west end of Turkey Creek Bridge. Said section of roadway lying and being in Land Lots 226, 251, 252 and 348 of the 18th and 22nd Land Districts of Laurens County, Georgia.
All that portion of Georgia State Route 19, and Federal Route U.S. 80, beginning at the existing city limit on the west side of the intersection of Georgia State Route 19, and Federal Route U.S. 80 with Georgia State Route 338; said city limit

4204 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

being approximately 5,171.59 feet from said intersection. Then extending in a northwesterly direction approximately 5,312.20 feet for the uniform width of the right of way for State Route 19, and Federal Route U.S. 80 to an iron pin at the property corner of Gilman Paper Company with said right of way. Said section of roadway lying and being in Land Lots 318,343,344,347 and 346 of the 18th and 22nd Land Districts of Laurens County, Georgia; and for other purposes.

This 22nd day of January, 2004.

Representative DuBose Porter 119th District

January 24, 2004

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 January 24, 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 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.

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CITY OF SUNNY SIDE - COUNCIL; TERMS OF OFFICE; CHAIRPERSON.

No. 736 (House Bill No. 1755).

AN ACT

To amend an Act incorporating the City of Sunny Side and providing a new charter for such city, approved February 17, 1950 (Ga. L. 1950, p. 2626), as amended, particularly by an Act approved March 20, 1975 (Ga. L. 1975, p. 2736), so as to change the terms of office for the members of the council; to provide for staggered terms of office; to provide for completion of terms; to provide for rotation of the duties of chairperson of the council; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION l. An Act incorporating the City of Sunny Side and providing a new charter for such city, approved February 17, 1950 (Ga. L. 1950, p. 2626), as amended, particularly by an Act approved March 20, 1975 (Ga. L. 1975, p. 2736), is amended by striking Section 3 and inserting in lieu thereof a new section to read as follows:

"SECTION 3. (a) The government of said city shall be vested in a council of three members. (b) For the purpose of electing said councilmembers, there shall be three council posts to be designated Posts I, 2, and 3. Each candidate shall designate the council post for which he or she is offering. In order to be elected councilmember, a candidate must receive a majority of the votes cast. In the event no candidate receives a majority of the votes cast, a runoff election shall be held between the two candidates receiving the highest number of votes cast, as provided by the 'Georgia Election Code,' as now or hereafter amended."

SECTION 2. Said Act is further amended by striking Sections 5 through 9 and inserting in lieu thereof the following:

"SECTION 5. (a) Councilmembers serving on the effective date of this Act shall complete the terms for which they were elected. (b) At the election to be held on the Tuesday next following the first Monday in November, 2004, the councilmember from Post I shall be elected for a term of one year. At the election to be held on the Tuesday next following the first Monday in November, 2005, the councilmembers from Post I and Post 2 shall

4206 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be elected for terms of four years; thereafter, the councilmembers from Post I and Post 2 shall be elected quadrenially for terms of four years. At the election to be held on the Tuesday next following the first Monday in November, 2006, the councilmember from Post 3 shall be elected for a term of one year. At the election to be held on the Tuesday next following the first Monday in November, 2007, the councilmember from Post 3 shall be elected for a term of four years; thereafter, the councilmember from Post 3 shall be elected quadrenially for a term of four years. All councilmembers shall serve until their successors are elected and qualified. (c) Councilmembers shall be sworn in at the first organizational meeting of the year following their election.
SECTION 6. The councilmember representing Post I shall be the chairperson of the council for one year, beginning with the first organizational meeting of the council in 2005. At the first organizational meeting of the council in 2006, the councilmember representing Post 2 shall become chairperson of the council; at the first organizational meeting of the council in 2007, the councilmember representing Post 3 shall become chairperson of the council. Thereafter, the title and duties of chairperson of the council shall rotate annually, beginning with the first organizational meeting of the council.
SECTION 7. Should the office of councilmember become vacant by any cause, the councilmembers remaining shall elect a successor who shall fill the unexpired term only.
SECTION 8. Before entering upon the discharge of his or her official duties, the councilmember-elect shall take and subscribe to the following oath before some person authorized to administer oaths, to wit: 'I do solemnly swear that I will faithfully discharge all the duties devolving upon me as councilmember of the City of Sunny Side during my term of office to the best of my knowledge, ability, and understanding, so help me God.' Said oath shall be entered on the records of the city.
SECTION 9. The council shall elect from the councilmembers a secretary and treasurer who shall perform such duties as the council may prescribe. The council shall also have authority in its discretion to elect a marshal and prescribe duties for such officer. The compensation of the secretary and treasurer and marshal shall be such as may be fixed by the council."

GEORGIA LAWS 2004 SESSION
SECTION3. All laws and parts of laws in conflict with this Act are repealed.

4207

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given taht there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act incorporation the City of Sunnyside and providing a new charter for such city, approved February 17, 1950 (Ga. L. 1950, p. 2626), as amended, particularly by an Act approved March 20, 1975 (Ga. L. 1975, p. 2736), so as to change the terms of office for the members of the council; to provide for related matters; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John P. Yates, who on oath deposes and says that he is the Representative from District 85, Post I and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County on March 5, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHN P. YATES John P. Yates Representative, District 85, Post l
Sworn to and subscribed before me, this 8th 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.

4208 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PUTNAM COUNTY- HOMESTEAD EXEMPTION; BASE YEAR; SCHOOL TAXES; REFERENDUM.
No. 737 (House Bill No. 1365).
AN ACT
To provide for a homestead exemption from Putnam 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 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 Putnam 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 of the Putnam County School District is granted an exemption on that person s homestead from Putnam 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 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.

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(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 ofPutnam 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 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 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 l, 2005.

SECTION 2. 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 the Putnam 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 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 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 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 l of

4210 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 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 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 22, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MICKEY CHANNELL Mickey Channell Representative, District 77

GEORGIA LAWS 2004 SESSION
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.

4211

PUTNAM COUNTY- HOMESTEAD EXEMPTION; SENIOR CITIZENS; BASE YEAR; SCHOOL TAXES; REFERENDUM.
No. 738 (House Bill No. 1366)
AN ACT
To provide for a homestead exemption from Putnam 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 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 Putnam 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 five contiguous acres of land immediately surrounding such residence.

4212 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 ofthe Putnam County School District who is a senior citizen is granted an exemption on that person s homestead from Putnam 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 Putnam 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 l 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 Putnam 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 Putnam 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 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 ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district

GEORGIA LAWS 2004 SESSION

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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 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 Putnam County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Putnam 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 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 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?"
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 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 Putnam 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.

4214 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 for a homestead exemption from Putnam 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 ofsuch 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; 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 22,2004, 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 My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17,2004.

GEORGIA LAWS 2004 SESSION

4215

PUTNAM COUNTY- HOMESTEAD EXEMPTION; BASE YEAR; COUNTY TAXES; REFERENDUM.

No. 739 (House Bill No. 1367).

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 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 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 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 of Putnam County is granted an exemption on that persons 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 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.

4216 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 tax commissioner of Putnam 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 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. (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 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 ofthe 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 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 if the election is not conducted as provided in this section, Section 1

GEORGIA LAWS 2004 SESSION

4217

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 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 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; 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

4218 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.
EMANUEL COUNTY- BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 740 (House Bill No. 1370).
AN ACT
To create a board of elections and registration for Emanuel County and provide for its powers and duties; to provide for the composition ofthe board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish certain boards and officers; to provide for meetings and procedures; to provide powers and duties of such board; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the members of the board and elections supervisor; to provide for offices and equipment; to provide for the board s performance of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to subsection (b) ofCode Section 21-2-40 ofthe 0. C.G.A., there is created the Emanuel County Board of Elections and Registration. The board shall have the powers and duties ofthe election superintendent relating to the conduct ofprimaries and elections and shall have the powers and duties ofthe board ofregistrars relating to the registration of voters and absentee balloting procedures.
SECTION 2. (a) The board shall be composed of five members, each of whom shall be an elector and resident of Emanuel County. (b) Three members shall be appointed by the governing authority of Emanuel County, one member shall be appointed by the Emanuel County executive committee of the political party whose candidate at the last preceding general election received the largest number of votes in this state for Governor, and one member shall be appointed by the Emanuel County executive committee of the

GEORGIA LAWS 2004 SESSION

4219

political party whose candidate at the last preceding general election received the next largest number of votes in this state for Governor; provided, however, that none of such persons may be members of each such respective executive committee. (c) The first party appointed members of the board shall be appointed for initial terms of office beginning July 1, 2004, and ending December 31, 2007. After the initial terms of office, successors to such members whose terms are to expire shall be appointed to take office on the first day of January immediately following the expiration ofsuch initial terms of office and shall serve for terms offour years each and until their successors are duly appointed and qualified. (d) No person who holds public office, whether elective or appointive, shall be eligible to serve as a member of the board during the term of such office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office or appointment to public office.

SECTION 3. (a) The appointment of each member shall be made by the governing authority s filing with the clerk of the Superior Court of Emanuel County an affidavit which states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Act. The affidavit for the member who has been appointed as chairperson of the board shall also specify that member s position as chairperson. The clerk of the superior court shall record each such certification on the minutes of the court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairperson within the same time and in the same manner as provided by law for registrars. (b) If the governing authority does not, in conformity with this Act, certify an appointment to the board within 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, the judge ofthe Probate Court of Emanuel 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 Emanuel County. Each member shall be subject to removal from the board by the governing authority of Emanuel County at any time for cause after notice and hearing.

SECTION 5. Except as provided in subsection (b) ofSection 3 of this Act, in the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or

4220 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
otherwise, except by expiration of term, the governing authority shall appoint a successor for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
SECTION 6. Before entering upon his or her duties, each member of the board shall take substantially the same oath as required by law for registrars. Each member of the board shall have the same privileges from arrest as registrars.
SECTION 7. On July 1, 2004, the election superintendent and the board of registrars of Emanuel 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 ofchief registrar of Emanuel County shall be abolished.
SECTION 8. (a) The board shall be authorized to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate for the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board.
SECTION 9. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at the county courthouse. Any specially called meetings, held pursuant to the bylaws adopted by the board, shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information. All meetings of the board, without limitation, shall be open to the public. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review.
SECTION 10. The chairperson of the board shall administer and supervise the conduct of elections, primaries, and registration of electors for the county.

GEORGIA LAWS 2004 SESSION

4221

SECTION 11. With the consent of the governing authority of Emanuel 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 Emanuel 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 Emanuel 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 Emanuel County shall provide the board and the elections supervisor with proper and suitable offices and equipment.

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

SECTION 16. The words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meanings ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act.

SECTION 17. This Act shall become effective on July I, 2004, except that, for purposes of making initial appointments to the board, it shall become effective on May 1, 2004.

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

4222 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice Oflntention 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 Emanuel County and provide for its powers and duties; to provide for the composition ofthe board and the selection, qualification, and terms ofits members; to provide for resignation, succession, and removal of members and for filing vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish certain boards and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the members of the board and elections supervisor; to provide for offices and equipment; to provide for the board's performances of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for effective dates; and for other purposes.
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 oflntention to Introduce Local Legislation was published in the Blade which is the official organ of Emanuel County on January 28, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LARRY J. PARRISH Larry J. Parrish Representative, District I02
Sworn to and subscribed before me, this 4 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.

GEORGIA LAWS 2004 SESSION

4223

CATOOSA COUNTY- CLERK OF SUPERIOR COURT; CLERICAL HELP ALLOWANCE.

No. 741 (House Bill No. 1439).

AN ACT

To amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; 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 placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

'SECTION 3. The maximum allowance to be paid for clerical help shall be: Clerical help for the judge of probate court ................ . $130,000.00 Clerical help for the clerk of the superior court . . . . . . . . . . . . . . $215,000.00 All allowances payable under this Act shall be payable directly by the county treasurer to the person or persons performing such clerical help. No person performing such clerical help for the judge of the probate court shall be related to said judge closer than the fifth degree of consanguinity or affinity. The allowances provided in this section shall be used to employ full-time clerical help. In no event shall such allowances be used to pay bonuses to full-time employees or part-time clerical help. In the event the maximum allowance for clerical help is not needed for such purposes, then the unused portion thereof shall remain as a part of the general funds of the county.'

SECTION 2. This Act shall become effective on January 1, 2005.

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

4224 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 amend an Act placing the judge of the Probate Court and the Clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to increase the clerical help allowance of the clerk ofthe Superior Court of Catoosa County; to provide an effective date; and for other purposes.
This 12th day of January, 2004.
Representative Ronald L Forster 3rd District, Post 1
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Forster, who on oath deposes and says that he is the Representative from District 3, Post 1and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on January 21, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RON FORSTER Ron Forster Representative, District 3, Post 1
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.

GEORGIA LAWS 2004 SESSION

4225

TOWN OF TRION- BOARD OF EDUCATION; BUDGET; PROPERTY; TAXATION; REFERENDUM.

No. 742 (House Bill No. 1748).

AN ACT

To amend an Act incorporating the Town ofTrion, approved December 18, 1897, (Ga. L. 1897, p. 352), as amended, particularly by an Act approved March 8, 1993 (Ga. L. 1993, p. 4014), so as to provide authority for the Board of Education of the Town of Trion to set, approve, and amend its budget; to provide taxing authority and vest title of all property owned or occupied, now and in the future, in the board ofeducation; to provide for a referendum; to provide effective dates; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act incorporating the Town of Trion, approved December 18, 1897, (Ga. L. 1897, p. 352), as amended, particularly by an Act approved March 8, 1993 (Ga. L. 1993, p. 4014) is amended by striking subsection (b) of Section llA and inserting in lieu thereof the following:
'(b) The Board of Education of the Town of Trion which was appointed and which existed on December 31, 1992, is continued in existence but on and after January 1, 1994, shall be constituted as provided in this section. The Board of Education ofthe Town ofTrion so continued and constituted, sometimes referred to in this section as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that Board of Education of the Town of Trion as they existed immediately prior to January 1, 1994, and include any additional powers, duties, rights, obligations, and liabilities as may be provided for by law, rule, or regulation. Such board of education shall be subject to all constitutional and general law provisions relating to boards of education.'

SECTION2. Said Act is further amended in Section 11 A by adding at the end thereof the following:
"(1) The Board of Education of the Town of Trion shall adopt an annual budget as is required by law without being required to obtain the approval of the governing body of the Town of Trion. (m) The Board of Education of the Town of Trion shall annually certify to the mayor and council the rate of the tax levy, not greater than the mills per dollar allowable under the laws and Constitution of the State of Georgia, necessary for the support, maintenance, and operation of the schools in the Town of Trion Independent School District. The mayor and council shall levy the tax so

4226 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
certified by the board of education upon assessed value ofall taxable property in the incorporated limits of the Town of Trion. (n) After complying with the procedure for authorization ofbonded debt set forth in Georgia law and applicable to public school districts, the Board of Education of the Town of Trion shall have the power and authority to issue bonds, notes, or both for capital outlay purposes, which may include buying and improving property for educational purposes and for the construction and maintenance of public schools and administrative offices and storage, maintenance, and transportation facilities established and maintained under the direction of the board, provided that the debt that may be created under this paragraph shall never exceed any limitations established by the Constitution or laws of the State of Georgia. Any millage limitation referred to in subsection (m) ofthis section shall not apply to the school tax levy necessary for the payment of the bonded indebtedness of the school district and shall apply only to the portion of the school tax levy for the support, maintenance, and operation ofthe school district. (o) All property utilized or occupied by the Town of Trion Independent School District or the Board ofEducation ofthe Town ofTrion for school purposes shall be vested in the Board of Education of the Town of Trion, and the board of education shall have the power to hold, manage, control, and dispose of such property."
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the Town of Trion shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Town ofTrion for approval or rejection. The election superintendent shall conduct that election on the date ofthe 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 thereofin the appropriate official organ. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides that the Board of Education of the Town of Trion shall adopt an annual budget, shall
NO ( ) certify to the mayor and council a millage rate, shall authorize bonded debt consistent with state law, and shall be vested with all property utilized and occupied by the Board of Education?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections l and 2 of this Act shall become of full force and effect upon certification of the results of the election. If the Act is 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 upon certification of the results of the election. The expense of such election shall be borne by the Town of

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Trion. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Trion, approved December 18, 1897, (Ga. L. 1897, p. 352), as amended, particularly by an Act approved March 8, 1993 (Ga. L. 1993, p. 4014), so as to provide authority for the Board of Education of the Town of Trion to set, approve, and amend its budget; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barbara Reece, who on oath deposes and says that she is the Representative from District 11 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chatooga County on March 4, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BARBARA REECE Barbara Reece Representative, District 11
Sworn to and subscribed before me, this 8th 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.

4228 LOCAL AND SPECIAL ACTS AND RESOLUTIONS VOL. II

COBB COUNTY- STATE COURT; COSTS.

No. 743 (House Bill No. 1738).

AN ACT

To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particu1ar1yby an Act approved Apri127, 2001 (Ga. L. 2001, p. 4490), so as to provide for certain costs and the provisions relating to costs in such court; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approvedApril27, 2001 (Ga. L. 2001, p. 4490), is amended by striking Section 20 in its entirety and inserting in lieu thereof the following:

'SECTION 20. Each party at the time of filing an action or proceeding of any character in the State Court of Cobb County, irrespective of how it shall be terminated, shall deposit with the clerk of said court the total cost, which shall include judgment and all fees required by law to be paid by the clerk out of said costs, to be determined as follows:
Civil actions of every character (includes suits, all garnishments, proceedings against tenants holding over, foreclosures of personalty, distress warrants, and any other action which by law may be filed in the State Court of Cobb County) . . . . . . . . . . . . . $ 50.00

Third party complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00

Garnishment reissue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00

Plaintiffs traverse of garnishment . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00

Exemplified copy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00

Certified copy- stamp and seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00

Plus each page copied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.25

Alias fi. fa. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00

Rush papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00

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Notice of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preparing Department of Public Safety letter . . . . . . . . . . . . . . . . . All bonds filing and approving . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.00 5.00 10.00

Motion for a new trial and docketing same . . . . . . . . . . . . . . . . . . . 15.00
Motion for judgment notwithstanding the verdict and docketing same 15.00
Affidavit where no cause is pending . . . . . . . . . . . . . . . . . . . . . . . . 10.00
Each subpoena issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
Rescheduling any criminal or traffic case after a defendant has failed to appear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65.00
The clerk shall not be required to file any of the above documents until the full cost has been paid. The clerk may charge and collect the same fees clerks of the superior courts are authorized to charge and collect under Chapter 6 of Title 15 of the O.C.G.A., for any fee not specified in this Act. The marshal may charge and collect the same fees that the sheriff or marshal are authorized to charge and collect under Chapter 16 of Title 15 of the O.C.G.A. Provided, further, the clerk ofsaid court is hereby authorized to deduct from the total costs of each and every suit or proceeding filed in said court and pay to the treasurer of the Cobb County Law Library the amount as by law provided to be withheld. In all cases requiring the transport and storage of personalty, the fee and costs therefor shall be such reasonable costs as shall be required of the officer to obtain such service. All costs not provided for herein shall be charged for and collected by said court on the same basis as costs now fixed or which may hereafter be fixed by law for the Superior Court of Cobb County. The costs in criminal matters in said court, and before the judge thereof, not already provided for herein, shall be the same as is now provided for, or which may hereafter be provided for, by law, in criminal matters in the Superior Court of Cobb County."

SECTION 2. This Act shall become effective on July I, 2004.

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

4230 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211 ), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rob Teilhet, who on oath deposes and says that he is the Representative from District 34, Post 2 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/ ROB TEILHET Rob Teilhet Representative, District 34, Post 2
Sworn to and subscribed before me, this 2nd 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.
LAURENS COUNTY- MAGISTRATE COURT; CHIEF MAGISTRATE; COMPENSATION; STAFFING.
No. 744 (House Bill No. 1745).
AN ACT
To amend an Act providing for the Magistrate Court of Laurens County, approved March 21, 1984 (Ga. L. 1984, p. 4638), as amended, so as to provide that the chief magistrate of such court shall serve in a full-time capacity and provide for the compensation of such chief magistrate and for court staffing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION l. An Act providing for the Magistrate Court of Laurens County, approved March 21, 1984 (Ga. L. 1984, p. 4638), as amended, is amended by striking subsection (b) of Section 3 thereof and inserting in its place the following:
'(b) The chief magistrate shall serve in a full-time capacity, as defined in Code Section 15-10-23 of the O.C.G.A., beginning with the term of such office which begins January 1, 2005, and continuing for each succeeding term. The chief magistrate who serves in a full-time capacity shall be compensated as provided in Code Section 15-10-23. In addition, beginning January 1, 2005, any chief magistrate shall also receive an annual supplement of $9,200.00 from funds of Laurens County payable in equal monthly installments. The county supplement provided by this subsection shall not be added to the minimum annual salary provided by subsection (a) ofCode Section 15-10-23 for purposes ofdetermining any cost-of-living increase or general performance based increase under subsection (c) of Code Section 15-10-23 and longevity increase under subsection (b) of Code Section 15-10-23. The governing authority of Laurens County shall furnish appropriate staff to support the function of the Magistrate Court of Laurens 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 providing for the Magistrate Court of Laurens County, approved March 21, 1984 (Ga. L. 1984, p. 4638) as amended; and for other purposes.
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 February 28, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DUBOSE PORTER DuBose Porter Representative, District 119

4232 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
CITY OF GRIFFIN- NEW CHARTER.
No. 745 (House Bill No. 1735).
AN ACT
To provide a new charter for the City of Griffin; to provide for reincorporation, a corporate name, corporate limits, and corporate powers of the city; to provide for the adoption of legislation and the force and effect of ordinances; to provide for a governing authority of such city and the powers, duties, authority, election and election procedures, districts, terms, vacancies, compensation, expenses, and qualifications 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 prohibit certain conflicts of interest; to provide for a chairperson of the commission and the duties and powers thereof; to provide for a secretary of the commission and other officers; to provide for a city manager and the duties and powers thereof; to provide for a city attorney; to provide for a municipal court judge, solicitor, and clerk; to provide for a municipal election superintendent and municipal registrar; to provide for assistant appointive officers; to provide for oaths and bonds for appointive officers; to provide for a municipal court and the judge thereof; to provide for the court s jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for corporate powers; to provide for trusts and special funds; to provide for existing codes and prior ordinances and rules, existing personnel and officers, and pending matters; to provide for construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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ARTICLE I INCORPORATION AND POWERS

SECTION 1.1. Corporate name.

The territory hereinafter designated in Spalding County, Georgia, is hereby reincorporated by the enactment of this charter under the name and style ofthe City of Griffin, Georgia, a body politic and corporate, having the power to sue and be sued, with all the powers hereinafter specified, and all other powers, duties, rights, and immunities as are granted by the Constitution and general laws of the State of Georgia to municipal corporations.

SECTION 1.2. Corporate limits.

The corporate limits of said city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of the city shall at all times be shown on a map, to be retained permanently as a public record in the office of the city manager at the city hall, Griffin, Georgia, and designated as the "Official Map of Griffin, Georgia." The original of such map, which is expressly by reference incorporated herein as an integral part of this charter, shall be signed by the chairperson of the commission and be attested thereto by the secretary. All future alterations of said map, as directed by the commission by ordinance to reflect lawful changes in the corporate boundary, shall be signed by the chairperson and secretary. Reproductions of such map, whether hand-drawn, photographic, or digital, when certified by the secretary to the commission, shall be admitted as evidence in all courts and shall have the same force and effect as the original map.

SECTION 1.3. Corporate powers.

(a) This city shall have all the powers possible for any municipal corporation to have under the present and future Constitution and laws of this state as completely as though they were specifically enumerated in this charter. This city shall have all the powers ofself-government not otherwise prohibited, reserved, or limited by this charter, general law, or the present or future Constitution of this state. (b) The powers of this city shall be liberally construed 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.

4234 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1.4. Exercise of corporate 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 and general law. If this charter makes no provision, such shall be carried into execution as provided by ordinance or in the manner provided by pertinent laws of this state.
SECTION 1.5. Adoption of legislation; force and effect of
ordinances; publication and distribution.
(a) Acts of the commission which have the force and effect of law shall be enacted by ordinance. The power to adopt an ordinance amending this charter shall only be derived from subsection (b) of Code Section 36-35-3 of the O.C.G.A. or any successor law relating to the home rule powers ofmunicipal corporations. All other proposed ordinances shall be introduced in writing, 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 Board of Commissioners of the City of Griffin, Georgia, and established as follows:" and every ordinance shall so begin. (b) A proposed ordinance may be introduced by any member of the commission, including the chairperson or presiding officer, at any meeting of the commission. Ordinances shall be considered and adopted or rejected in accordance with procedural rules which the commission may establish; provided, however, that an ordinance shall not be finally adopted the same day it is introduced, except for ordinances whose subject matter involves a zoning decision, the annexation of territory into the boundaries of the city, or an emergency matter as provided in this charter. Upon the introduction of any proposed ordinance, the secretary shall distribute copies to each member of the commission, the city manager, and the city attorney and shall make copies thereof available for public inspection and copying as provided by law. Upon adoption of any ordinance, the secretary shall authenticate its adoption by the secretary's signature and record the original in a properly indexed book kept for that purpose, which shall be a public record of the city and available for public inspection and copying at all reasonable times. All ordinances shall become effective upon their final adoption unless a later effective date is specified therein.

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ARTICLE II COMMISSION AND COMMISSIONERS

SECTION 2.1. Corporate and governing authority.

The municipal government of the city shall consist of a commission of seven citizens, who shall be known as the "Board ofCommissioners ofthe City of Griffin, Georgia," hereafter referred to collectively as the "commission." The commission shall be the legislative and governing authority of the city. Except as otherwise provided by law or this charter, the commission shall be vested with all the powers of government of this city, but no individual commissioner shall have or exercise any power under this charter. Members of the commission shall possess the qualifications and be elected in the manner provided by general law and this charter; provided, however, that members of the commission in office on the effective date ofthis charter shall in all respects be successors to and a continuation of the governing authority elected under the prior charter and shall serve the terms for which elected. The members of the commission shall devote as much of their time to the office as may be necessary.

SECTION 2.2. Qualification and election of commissioners.

(a) Any person who is a citizen of this state, has attained the age of 18 years, and has at least 12 months residency within the city shall be eligible to hold the office of commissioner; provided, however, that no person who is not a qualified elector of the city, who has been convicted of a felony or misdemeanor involving moral turpitude (unless that person's civil rights have been restored), who holds a public office, or who is the holder ofpublic funds unaccounted for shall be eligible to hold the office of commissioner. (b) Candidates for Districts 1, 2, 3, 4, 5, and 6 shall have resided within their respective election district for at least six months on the date of qualifying. Candidates for District 7 (at-large) may reside in any election district of the city. Commissioners must remain residents of their respective election district throughout their term of office. (c) Only those qualified electors residing within a city election district may vote for candidates from their corresponding district. All qualified electors of the city may vote for candidates for District 7 (at-large). (d) Elections for the office of commissioner shall be held and conducted by the Griffin-Spalding Board ofElections and Registration in accordance with Chapter 2 ofTitle 21 of the O.C.G.A. or other such laws as are or may hereafter be enacted. (e) Commissioners shall serve a term of four years and until their successors are duly elected and qualified. Before assuming the duties of the office or exercising the powers thereof, a newly elected commissioner shall be sworn before any federal

4236 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or state judicial officer, or any officer of this state duly authorized to administer oaths, at any time following certification of his or her election. Except for commissioners elected to fill unexpired terms, newly elected commissioners shall take office on January 1 following their election. (f) Members of the commission shall receive compensation and expenses for their services as provided by an ordinance enacted in accordance with Code Section 36-35-4 of the O.C.G.A.
SECTION 2.3. Districts established; apportionment of election
districts based upon population.
(a) The original apportionment of the city into six single-member election districts was in accordance with the consent decree in REID, eta!. v. MARTIN, eta!., Civil Action File No. C-84-60N, U.S. District Court for the Northern District ofGeorgia. Thereafter, the commission, following publication of each United States decennial census, has reapportioned election districts in accordance with Code Section 36-35-4.1 of the O.C.G.A. The current reapportionment plan is set forth at Ga. L. 2003, p. 5011. (b) Future reapportionment of election districts shall be adopted by a home rule ordinance enacted in accordance with paragraph ( 1) of subsection (b) of Code Section 36-35-3. Such ordinance shall incorporate by reference a reapportionment plan based upon official census tract and block references to the areas included within each district, using the criteria set forth in Code Section 36-35-4.1 of the O.C.G.A. For future reference, a map illustrating election districts may be published as an appendix to the Code of Griffin, Georgia.
SECTION 2.4. Majority vote required.
No candidate for commissioner shall be declared elected until he or she shall have received a majority of the votes of all qualified electors voting in the election.
SECTION 2.5. Commissioners oath.
Upon entering each term of office, commissioners shall take and subscribe to the following oath:
"I do solemnly swear and affirm that I will faithfully and honestly discharge the duties of the office of commissioner of the City of Griffin, Georgia, to the best ofmy skill and knowledge, in accordance with its charter and all applicable laws. I do further swear that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, and I will well and truly account for and pay over all public moneys and property that may come into

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my hands during my term of office. I do further swear that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which by the laws of the State of Georgia I am prohibited from holding. I do further swear that I am qualified to hold the office of commissioner of the City of Griffin according to the Constitution and laws of Georgia. I do further swear that I will support the Constitution of the United States and the Constitution of the State of Georgia. I do further swear that I am a resident of the district from which I have been elected and have been a resident ofthe district for the time required by the Constitution and laws of this state. So help me God."

SECTION 2.6. Vacancy; filling of vacancies in office.

(a) The office of commissioner shall become vacant upon the occurrence of any event specified by the Constitution or general laws of this state or upon the incumbent commissioner losing the qualifications required for holding the office. (b) A vacancy in the office of commissioner shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remains in the unexpired term; otherwise, by a special election, as provided in Title 21 of the O.C.G.A., or other such laws as are or may hereafter be enacted.

SECTION 2.7. Quorum for commissioners meeting; voting; conflicts of interest.

(a) Four commissioners shall constitute a quorum. In order to enact ordinances or take action, the vote of a majority of those present shall control. An abstention, except when based upon the member s disqualification for announced conflict of interest or other legal grounds, shall be counted as an affirmative vote. Except when a role call vote is requested by any member, votes may be cast by voice ("aye" or "nay") or by show ofhands. The chairperson shall announce all votes and declare each matter approved or rejected. (b) No commissioner shall vote or act upon, or seek to influence the approval or rejection of, any ordinance, resolution, contract or other matter within the official jurisdiction of the city in which that person is financially interested. Any commissioner having a financial interest, directly or indirectly, in any ordinance, resolution, contract, or matter pending before or within a department of the city shall disclose such interest, in writing, to the commission at the earliest opportunity and disqualify himself or herself from participating in any decision or vote relating thereto.

4238 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.8. Meetings of the commission.
(a) The commission shall hold regular meetings on the second and fourth Tuesday of each month at such times as set by ordinance, which meetings shall be open to the public, except as allowed by law shall keep minutes of their proceedings; and shall record all their actions therein. They may meet at such times and as often in extra called meetings as any three ofthem or the chairperson may designate or call. (b) To meet a public emergency affecting life, health, property, or public peace, the board of commissioners may convene on call of the chairperson or any two commissioners, provided that such emergency meeting is called in accordance with the Georgia open meetings law, Code Section 50-14-l, et seq., of the O.C.G.A. At such emergency meeting, the board of commissioners may consider and adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rates charged by the city for any utility services provided; or authorize the borrowing ofmoney, except temporary borrowings made in anticipation of taxes. An emergency ordinance shall be proposed in the form required for ordinances generally and shall contain a declaration stating in clear and precise terms the conditions that constitute the emergency warranting the meeting and action taken therein. An emergency ordinance shall require the affirmative vote of at least two-thirds of those members eligible to vote at the meeting. It shall become effective immediately or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following its enactment unless affirmatively ratified at the next regular meeting of the commission. 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 2.9. Rules of procedure.
The commission may adopt rules of procedure and orders of business consistent with the provisions of this charter and general law. Procedural rules and similar administrative matters affecting governance of the city may be adopted by resolution instead of ordinance.
SECTION 2.10. Inquiries and investigative powers
(a) The commission shall exercise general legislative oversight over all elected and appointed officers, departments, agencies, and employees of the city and shall have the right, from time to time as a majority of such commission deems necessary, to call upon such officers and employees for an accounting of their actions in the performance of their official duties.

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(b) Following the adoption of an authorizing resolution defining the scope thereof, the commission may conduct inquiries and make investigations into the affairs of the city, its elected and appointed officers, and the conduct of any department, agency, or employee thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony under oath or affirmation, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers shall be punished as provided by ordinance.

SECTION 2.11. Chairperson of the commission; honorary title of mayor.

At the first regular meeting of the board of commissioners in January of each year, and as the first order of new business, the commission shall elect one of its members to serve as chairperson for the next ensuing 12 months and until a successor is duly elected. No commissioner shall be eligible to succeed himself or herself as chairperson. The chairperson may use the honorary title of mayor, but shall exercise no powers or authority beyond those granted to the chairperson under this charter. The chairperson shall appoint from the members of the commission a vice chairperson to act in his or her absence or disability.

SECTION. 2.12. Duties of chairperson.

The chairperson shall be the chiefexecutive officer and shall preside at all meetings of the commission. The chairperson shall be entitled to vote on all questions, motions, or matters brought before the commission for action. The chairperson (or in his or her absence, the vice chairperson) and the city manager shall sign all orders, checks, and warrants for the payment of any moneys out of the treasury of the city and shall execute on behalf of the city all contracts, deeds, and other obligations. The commission, by the vote of at least four commissioners, may direct the chairperson to sign any order, check, warrant, contract, deed, or other obligation and, upon such vote taken for that purpose, it shall be the duty of the chairperson to execute the same. The chairperson shall also accept personal service of process on behalf of the city.
SECTION 2.13. Secretary to the commission; other officers.

The city manager shall serve as secretary to the commission, whose duties shall require his or her attendance at all meetings, the recording of minutes of proceedings, serving as custodian of all public records and the seal of the city, and such other duties as assigned by the commission by ordinance or resolution. The secretary shall perform all duties and responsibilities imposed by general law on the clerk of a municipal corporation. The commission may appoint such subordinate

4240 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
officers, as needed, and define the duties and compensation thereof by ordinance or resolution.
ARTICLE III APPOINTIVE OFFICERS AND EMPLOYEES
SECTION 3.1. Officers other than commissioners enumerated.
There shall be as appointive officers of the City of Griffin the following: ( 1) City manager; (2) City attorney; (3) Judge of the municipal court; (4) Solicitor of the municipal court; (5) Municipal court clerk; {6) Municipal elections superintendent and municipal registrar; and (7) Such additional offices as the commission, by ordinance, shall create, defining therein the duties and compensation for such officers.
SECTION 3.2. City manager.
(a) The board of commissioners shall appoint a city manager for an indefinite term and shall fix the manager s compensation. The manager shall be appointed solely on the basis of administrative and professional qualifications and experience, without political favor or affiliation, and shall, at a minimum, be:
(1) The holder of a bachelor s degree or higher in management, public administration, public finance, or any comparable field; (2) At least 21 years of age; (3) Of good moral character; and (4) Free of a history of conviction for any felony or misdemeanor involving moral turpitude. (b) The city manager shall be the administrative and fiscal head of the city's government and shall devote his or her entire time and attention to the office. Except for purposes of inquiries and investigations under Section 2.I 0 of this charter, commissioners shall deal with all officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the commission nor its individual members shall give orders or direction to any such officer or employee, either publicly or privately, other than the city manager. (c) By written designation filed in the city's minutes, the manager shall designate, subject to approval of the commission, a qualified city administrative officer to exercise the powers and perform the duties of the manager during the manager s temporary absence or physical or mental disability. During any prolonged absence

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or disability, the commission may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or the manager s disability shall cease. (d) The city manager shall be responsible to the commission for the administration of all city affairs placed in the manager's charge under this charter, by general law or by ordinance or resolution of the commission. As the chief administrative officer, the manager shall appoint and fix the compensation and benefits for all administrative department managers, subject to approval of the commission, and approve the hiring of all subordinate employees; provided, however, that all such managers and employees shall serve for an indefinite term at the pleasure ofthe city manager, unless provided otherwise by personnel ordinance. Upon approval ofthe commission, by resolution, and within the constraints of the annual operating budget, the manager shall establish, and from time to time revise, the administrative organization of the city. As necessary for the good of the city, the manager may suspend or remove all administrative department managers and employees, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. (e) The city manager is employed at will and may be summarily removed from office, without cause or notice, at any time upon the affirmative vote of at least four members of the commission.
SECTION 3.3. Duties of the city manager.

As the chief administrative officer the city manager shall: ( 1) Direct and supervise the administration of all departments, offices, and agencies of the city, unless otherwise restricted by law or this charter; (2) Attend all meetings of the commission and have the right to participate in discussion, but not vote; provided, however, that the manager shall have no right to attend closed meetings of the commission held for the purpose of deliberating upon the appointment, compensation, discipline, or removal of the manager; (3) See that all laws, provisions of this charter, and ordinances of the city are faithfully executed and performed, subject to delegation to subordinate officers, managers, and employees. It shall be the duty of the manager to supervise performance by his or her delegates at all times; (4) Prepare and submit to the commission a proposed annual operating budget and capital project budgets for the city and its utilities sufficiently in advance of the fiscal year. Upon approval by the commission, the budgets shall serve as an appropriations ordinance for the line items indicated therein; (5) Submit to the commission on a timely basis monthly financial operating reports and an annual audit showing the financial position of the city, its departments, and its utilities at fiscal year end; (6) Make monthly written reports to the commission of administrative activities concerning the operations of the city, its departments, and its utilities under the

4242 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
manager's supervision and such other reports as the commission may require or request; (7) Keep the commission fully informed as to the financial condition of the city and its future needs and make recommendations to the commission concerning the financial affairs of the city; and (8) Perform such other duties as are specified in this charter, by general law, or as from time to time are required by the commission by ordinance or resolution.
SECTION 3.4. City attorney.
There shall be appointed by the commission a city attorney, who shall hold office and serve at wilL The city attorney shall be a member of the State Bar of Georgia in good standing, having at least five years' experience in the practice of law and familiarity in the field of municipal law. The city attorney shall perform the duties of chief legal officer of a municipal corporation, whose duties shall include prosecution and defense oflegal actions brought in the name of or filed against the city, its officers, and its employees in any court; code enforcement and abatement of public nuisances; drafting and review of ordinances, contracts, and other legal documents; general counsel to the commission and city manager; and legal oversight over operations of the city, its departments, and its utilities. The commission shall fix the compensation for the office and determine, by ordinance or contract, whether the officer shall be full time or part time; provided, however, that the city attorney shall at all times be subject to the Georgia Rules of Professional Conduct The city attorney may be removed from office at any time, without cause or notice, upon the affirmative vote of at least four members of the commission.
SECTION 3.5. Municipal court judge.
There shall be appointed by the commission a judge of the municipal court, who shall serve at the pleasure of the commission, subject to the Rules of the Judicial Qualifications Commission. Such judge shall be a member of the State Bar of Georgia in good standing, having at least seven years' experience in the practice of law. The judge shall preside over all sessions of the Municipal Court of the City of Griffin, Georgia, and perform all judicial functions required by general law and this charter. The commission shall fix the compensation for the office by ordinance or resolution. The judge may be removed from office at any time, without cause or notice, upon the affirmative vote of at least four members of the commission. The judge may appoint a qualified attorney to serve as judge pro tempore during his or her absence or disability or to handle specific cases in which the judge may have a conflict

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SECTION 3.6. Municipal court solicitor.

There shall be appointed by the commission a solicitor of the municipal court, who shall serve at the pleasure of the commission, subject to the Georgia Rules of Professional Conduct. Such solicitor shall be a member of the State Bar of Georgia in good standing, having at least three years experience in the practice of law. The solicitor shall prosecute all misdemeanors and quasi-criminal or traffic ordinance violations before the municipal court. The commission shall fix the compensation for the office by ordinance or resolution. The solicitor may be removed from office at any time, without cause or notice, upon the affirmative vote of at least four members of the commission.

SECTION 3.7. Municipal court clerk.

There shall be appointed by the commission a clerk of the municipal court, who shall serve at the pleasure of the commission. Such officer shall possess the qualifications established by law and complete such certification requirements, within the time allowed by law, as may now or hereafter be required for the office. The commission shall fix the compensation for the office by ordinance or resolution. The municipal court clerk may be removed from office at any time, without cause or notice, upon the affirmative vote of at least four members of the commission.

SECTION 3.8. Municipal elections superintendent and municipal registrar.

There shall be appointed by the commission a municipal elections superintendent, who shall also serve as municipal registrar; provided, however, that where the duties of municipal election superintendent are being performed, under ordinance or contract, by the Spalding County Board of Elections and Registration, such officer shall only perform the duties of municipal registrar as established in Title 21 of the O.C.G.A., the "Georgia Election Code." This officer shall serve at the pleasure of the commission, who shall fix the compensation for the office by ordinance or resolution. This officer may be removed from office at any time, without cause or notice, upon the affirmative vote of at least four members of the commission.

SECTION 3.9. Assistant appointive officers.

Upon recommendation of the city manager and approval by the commission, the appointive officers named or described above may designate deputies or assistants,

4244 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as necessary, and delegate such duties and functions of the office, in writing, to such deputies or assistants as the officers deem proper. When acting in the place and stead of the appointive officer, such deputies or assistants shall enjoy the same rights and immunities as the appointive officer.
SECTION 3.10. Oaths of appointive officers; bonds.
(a) Before exercising the duties of office, all appointive officers and their deputies shall appear before any officer duly authorized by law to administer an oath and subscribe the oath of office as required by law. Official oaths shall be filed in the office of the Judge of the Probate Court of Spalding County, Georgia. (b) All appointive officers and their deputies shall give bond, with good and sufficient surety, payable to the commission, in the amount established by ordinance for the specific office, conditioned upon the faithful discharge of the duties of the office by the officer during such time he or she continues in office or discharges the duties thereof, and such other conditions as the commission may require, by ordinance. In the absence of an ordinance or resolution specifying the amount of bond required, the amount of such bond shall not be less than $100,000.00. All bonds shall be filed in the office ofthe Judge ofthe Probate Court of Spalding County, Georgia. Where authorized by law, blanket bonds for one or more appointive officers may be accepted in lieu of individual bonds.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.1. Creation; name.
There shall be a court having all of the jurisdiction afforded by this charter and general law known as the Municipal Court of the City of Griffin, Georgia. The municipal court shall convene, upon order of the judge, at regular intervals as often as necessary to try and punish violations of this charter, all city ordinances, and such other laws over which it has jurisdiction.
SECTION 4.2. Procedure; rules of court.
The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to compel the presence of all parties necessary to a proper disposal of each case by issuance of summons, subpoenas, and warrants which may be served or executed by any officer authorized by law; to enforce obedience to orders, judgments and sentences, including the express power to punish by contempt of court; and to administer oaths

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as are necessary. The judge shall have full power and authority to make and publish reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that all rules and regulations so adopted shall be filed with the secretary of the commission and made available for public inspection and copying. Upon request, a copy shall be furnished to all defendants and their attorneys at least 48 hours prior to such proceedings.

SECTION 4.3. Certiorari.

In those cases where a right of appeal does not exist by law, the right to certiorari from the final decision and judgment of the municipal court shall exist in all ordinance violation cases, and such certiorari shall be obtained under the sanction ofthe judge ofthe Superior Court ofSpalding County, Georgia, as provided by law.

ARTICLE V POWERS GENERALLY

SECTION 5.1. General corporate powers.

As a body corporate the city may sue and be sued; have and use a common seal; own, purchase, have, hold, receive, and enjoy any estate, whether real, personal, or any other kind, located inside or outside the limits ofthe city; and may, by authority of the commission, sell or dispose of the same for the benefit of the city, as the commission at any regular or called meeting may adjudge proper and right.

SECTION 5.2. Powers enumerated.

The commission shall have full power and authority to adopt such reasonable ordinances and regulations as it may deem proper, not in conflict with the Constitution of the United States or the Constitution of Georgia or otherwise preempted by the general laws of this state, including, without limitation, 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 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

4246 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 regulations. To regulate and to license the erection and construction of buildings and all other structures; to enforce building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and construction trades; provided, however, that where standardized technical codes are to be enforced, a copy of the adopted technical code or regulation shall be available for inspection and copying in the city manager's office during reasonable hours; (4) Business regulation and taxation. To levy and to provide for the collection of occupation taxes on businesses, 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 as allowed by law; to provide for the manner and method ofpayment of regulatory fees; and to revoke permits after due process for failure to pay regulatory fees or failure to meet other regulatory requirements; (5) Condemnation. To exercise the power of eminent domain 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 for the express purposes allowed by law. To be binding upon the city, all contracts shall be in writing, approved by the city attorney as to form, authorized by a vote of the commission, and spread upon its minutes. All contracts signed by the chairperson, attested by the secretary, and bearing the city seal shall carry the presumption of validity; (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 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 and storm waters, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and, from time to time, to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof;

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(10) 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;

'

(ll) 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;

(12) Health and sanitation. To prescribe standards of health and sanitation and

to provide for the enforcement of such standards;

(13) 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;

(14) Municipal agencies and delegation of power. To create, alter, or abolish,

by ordinance, boards, commissions, and agencies of the city, and to confer upon

such entities the necessary and appropriate authority for carrying out all the

powers conferred upon or delegated to the same; to establish the qualifications

and duties of members; to provide for the compensation and reimbursement of

members expenses, provided that all board members shall serve at-will and may

be removed at any time without cause or notice. Except as provided expressly

by charter or law, no board member shall hold elective or appointive office in the

city;

(15) Municipal debts. To appropriate and borrow money, including temporary

borrowings, 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;

(16) 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, on such terms as the

commission, in its sole discretion, shall deem appropriate;

(17) 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;

(18) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and

dispose of municipal utilities, including, but not limited to, a system of public

water supply, treatment, and distribution, a system for the collection, treatment,

and disposal of sewerage and storm waters, gas works, electric distribution and

generation facilities, cable television, telephone and other telecommunications

facilities, transportation facilities, transit systems, 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 ofservice for refusal

or failure to pay the same. Such municipal systems may be operated, both inside

and outside the territorial boundaries of the city, as a utility or enterprise fund;

4248 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(19) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (20) 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; (21) Planning and zoning. To provide comprehensive city planning; to classify property and land uses by zoning; and to provide development regulations and the like as the commission deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (22) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police agency and a fire fighting agency; (23) 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; (24) 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, detention, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; and to regulate the use of public improvements. 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; (25) Public peace. To provide for the prevention and punishment ofdrunkenness, riots, public disturbances, and disorderly conduct; (26) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (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, 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 Public Service Commission; (28) Regulation of rights of way and roadside areas. To prohibit or regulate and control the erection, removal, and maintenance ofsigns, billboards, trees, shrubs, fences, buildings, utilities, and any and all other structures or obstructions upon or adjacent to the rights of way ofstreets 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; (29) Retirement and benefit plans. To provide and maintain a retirement plan and other benefit plans for officers and employees ofthe city; provided, however, that all such plans shall be nondiscriminatory; (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,

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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; (31) Solid waste collection and disposal. To levy, fix, assess, and collect solid waste collection and disposal fees, and other sanitary service charges, taxes, or fees 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; (32) Special areas of public regulation. To regulate junk dealers, pawn shops, and the manufacture, sale, or transportation ofintoxicating liquors; 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 ofpeddlers 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 entertainment, adult bookstores, and massage parlors; (33) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Taxes: ad valorem. To levy and provide for the levy and collection oftaxes on all property subject to taxation; to grant, by ordinance, such exemptions from taxation and the amount thereof as allowed by law; provided, however, that the homestead of each resident of the City of Griffin who is totally disabled or who is 62 years of age or older and who received less than $12,500.00 of specified income during the preceding calendar year shall be entirely exempt from ad valorem taxation by the city. For purposes of this provision, the term "homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., but shall not include more than the residence and three acres of land. A person is totally disabled if the person is wholly and permanently unable to pursue any gainful employment. The tax collector of the city shall require appropriate proof of such disability, including, if necessary, the affidavits of not more than two licensed physicians as to the person s disability. The exemption granted in this paragraph shall apply only to ad valorem taxes levied by the city, including, but not limited to, taxes levied to retire general obligation indebtedness; (35) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (36) Taxicabs and 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

4250 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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; (37) Urban redevelopment. To organize and operate urban redevelopment agencies and conduct urban redevelopment programs; (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 city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; 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.
ARTICLE VI TRUSTS AND SPECIAL FUNDS
SECTION 6.1. Light, Water, and Sewerage Emergency
Reserve Fund; trust created.
(a) An Act creating the charter of the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959, as amended by Ga. L. 1959, p. 2451), created the Light, Water, and Sewerage Emergency Reserve Fund as a perpetual trust, which is hereby continued. (b) The trust shall be held, invested, and administered by a board of trustees consisting of the chairperson of the commission, the city manager, and the city attorney. The board shall elect a chairperson and a secretary. The city manager shall serve as treasurer and give security for the faithful discharge of his or her duties, including all trust funds placed in his or her hands. The vote of a majority of the board of trustees shall control on all questions. (c) The purpose ofthe trust is to provide a source offunds for the emergency repair and replacement of the equipment and facilities of the city's electric, water, and sewerage systems. A reserve fund of $1 million has been established by payments to the trustees from annual net revenues of these utility systems. The commission, in setting the rates, fees, and charges for the electric, water, and sewerage utilities, shall raise and pay over to the trustees, in each year, an amount as determined by the commission by proper resolution or appropriation in the annual budget of not less than one-half of l percent of the net revenue as shown in the annual audit for the previous fiscal year until the principal of such trust, when added to income

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realized from investment, shall amount to $1 million; thereafter, any income accruing to such trust in any fiscal year shall be paid by the trustees into the general fund of the city. Should the balance of the trust corpus ever fall below $1 million, the commission shall replenish the trust until it reaches the $1 million level. (d) The trustees ofthe fund are authorized and shall have full power, either directly or through agents, to invest and reinvest assets of the fund and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the fund have been invested, any proceeds of any investments, and any money belonging to the fund, provided that such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of the State ofGeorgia upon domestic life insurance companies in making and disposing of their investments; provided, further, that, the board oftrustees shall not invest more than 50 percent of the fund's assets in equities. (e) The trustees shall encroach upon the trust corpus only to repair or replace the equipment or facilities of the electric, water, and sewerage utilities when such equipment or facilities have been damaged or destroyed by fire, windstorm, ice storm, tornado, or other act of God, to the extent property insurance coverage is not
available.

SECTION 6.2. Cemetery Trust Fund; trust created.

(a) An Act creating the charter of the City of Griffin, approved July 21,1921 (Ga. L. 1921, p. 959, as amended by Ga. L. 1959, p. 2669), created the Cemetery Trust Fund as a perpetual trust, which is hereby continued. (b) The trust shall be held, invested, and administered by a board of trustees consisting of the chairperson of the commission, the city manager, and the city attorney. The board shall elect a chairperson and a secretary. The city manager shall serve as treasurer and give security for the faithful discharge of his or her duties, including all trust funds placed in his or her hands. The vote of a majority of the board of trustees shall control on all questions. (c) The city manager shall pay to the trustees of the fund not less than 50 percent of the amount received by the city from the sale of any and all cemetery lots in the cemeteries owned by the city, provided that the city manager shall pay to the trustees the full amount received by the city for the perpetual care of any and all lots in such cemeteries. (d) The trustees of the fund are authorized and shall have full power, either directly or through agents, to invest and reinvest assets of the fund and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the fund have been invested, any proceeds of any investments, and any money belonging to the fund, provided that such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws ofthe State of Georgia upon domestic life insurance companies in making and disposing of their

4252 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
investments; provided, further, that the board of trustees shall not invest more than 50 percent of the fund's assets in equities. (e) The trustees shall not use or expend the corpus of this trust for any purpose. The trustees are authorized to pay to the city manager any part or all of the income from investment of this fund; provided, however, that any amount or amounts so paid to the city manager shall be used by him or her only for the care and maintenance of the cemeteries of the City of Griffin or for the purchase of land to be used solely for cemetery purposes.
ARTICLE VII TRANSITION, REPEALER, AND EFFECTIVE DATE
SECTION 7.1. Existing code and prior ordinances.
All provisions of the Code of Griffin, Georgia and any uncodified 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 commission.
SECTION 7.2. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which the commission shall pass a transition ordinance detailing any 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 7.3. 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 the appropriate city officer, departments, agencies, or personnel.
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.

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(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.5. Severability.

If any article, section, subsection, paragraph, or sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, and sentence or part thereof be enacted separately and independent of each other.

SECTION 7.6. Specific repealer.

Expressly saved from repeal are those provisions of the charter of the City of Griffin, Georgia, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, as relates to benefits payable to any vested participant or beneficiary, as defined, eligible to receive benefits from "The Employees Aid Fund," being that certain retirement plan for employees of the City of Griffin, created under local Act effective March 27, 1941; otherwise, such charter is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 7.7. Effective date.

This charter shall be submitted to the U.S. Department of Justice, Civil Rights Division, under Section 5 of the Voting Rights Act of 1965, as amended, for preclearance within 60 days following certification of its enactment by the Secretary of State, with a copy thereof to the Attorney General of Georgia. The effective date of this charter shall be the thirtieth day following final receipt of notice of preclearance from the U.S. Attorney or his or her designee.

SECTION 7.8. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced at the regular 2004 session of the General Assembly of Georgia, a bill to amend an Act, entitled "Charter of

4254 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
City of Griffin, Georgia", as approved July 21, 1921 (Ga. Laws 1921, p. 959), as amended, and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Yates, who on oath deposes and says that he is the Representative from District 85, Post 1 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County on February 20, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHN YATES John Yates Representative, District 85, Post 1
Sworn to and subscribed before me, this 1st 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 GAINESVILLE- HOMESTEAD EXEMPTION; SCHOOL TAXES; UNREMARRIED SURVIVING SPOUSES; REFERENDUM.
No. 746 (House Bill No. 1753).
AN ACT
To amend an Act providing for a homestead exemption from all City ofGainesville independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or older and whose annual household income does not exceed $12,000.00, approved March 19, 1987 (Ga. L. 1987, p. 4209), as amended, particularly by an Act approved Aprill8, 2001 (Ga. L. 2001, p. 4389) which provided a homestead exemption from such taxes for such residents who are 62 years of age but less than 75 years of age in the amount of $30,000.00

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of the assessed value of the homestead if the annual household income does not exceed $25,000.00 and a full value homestead exemption from such taxes for such residents who are 75 years of age or older, so as to allow such exemptions to continue to be received by umemarried surviving widows or widowers; to lower certain age qualifications; to allow one such exemption to be received by disabled persons regardless of age; 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. An Act providing for a homestead exemption from all City of Gainesville independent school district ad valorem taxes for educational purposes in the amount of$10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or older and whose annual household income does not exceed $12,000.00, approved March 19, 1987 (Ga. L. 1987, p. 4209), as amended, particularly by an Act approved April18, 2001 (Ga. L. 2001, p. 4389) which provided a homestead exemption from such taxes for such residents who are 62 years of age but less than 75 years of age in the amount of $30,000.00 of the assessed value of the homestead if the annual household income does not exceed $25,000.00 and a full value homestead exemption from such taxes for such residents who are 75 years of age or older, is amended by striking subsections (b), (c), and (d) of Section 2 and inserting in their place the following:
'(b) Each resident of the City of Gainesville school district who is disabled or at least 62 years of age but less than 72 years of age on or before January l of the year in which application for the exemption under this subsection is made is granted an exemption on that person s homestead from all City of Gainesville school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of that homestead, if that person s income, together with the income of the spouse of such person who resides within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. The umemarried surviving widow or widower who is at least 55 years of age shall continue to receive the exemption provided under this subsection so long as that umemarried surviving widow or widower continues to occupy the home as a residence and homestead, until such umemarried surviving widow or widower becomes 72 years of age or over and is otherwise qualified to apply for and receive the exemption under subsection (c) of this section. With respect to the exemption under this subsection, such umemarried surviving widow or widower shall remain subject to the income limitations specified in this subsection. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) Each resident ofthe City of Gainesville school district who is 72 years of age or older on or before January 1 ofthe year in which application for the exemption

4256 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
under this subsection is made is granted an exemption on that person's homestead from all City of Gainesville school district ad valorem taxes for educational purposes for the full value of that homestead. The unremarried surviving widow or widower who is at least 65 years of age shall continue to receive the exemption provided under this subsection so long as that unremarried surviving widow or widower continues to occupy the home as a residence and homestead.
(d)( 1) In order to qualifY for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifYing that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) or (c) ofthis section unless the person or person's agent files an affidavit with the governing authority of the City of Gainesville, or the designee thereof, giving the person's age, and, if required, the amount of income which the person and the person's spouse residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Gainesville, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Gainesville, or the designee thereof, shall provide affidavit forms for this purpose."
SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Gainesville 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 Gainesville school district for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2004, general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Hall County. The ballot shall have written or printed thereon the words:

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"YES ( ) Shall the Act be approved which lowers the age qualification of the current senior citizens' homestead exemptions from City of
NO ( ) Gainesville school district ad valorem taxes for educational purposes from 75 years of age to 72 years of age, grants one of the exemptions to disabled persons regardless of age, and allows those exemptions to continue to be received by certain unremarried surviving widows or widowers?"
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 the City of Gainesville. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act providing for a homestead exemption from all city ofGainesville independent school district ad valorem taxes for educational purposes in the amount of$10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or older and whose annual household income does not exceed $12,000.00, approved March 19, 1987 (Ga. L. 1987, p. 4209), as amended, particularly by an Act approved April 18, 2001 (Ga. L. 2001, p. 4389), and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Rogers, who on oath deposes and says that he is the Representative from District 20 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times

4258 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
which is the official organ of Hall County on March 5, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CARL ROGERS Carl Rogers Representative, District 20
Sworn to and subscribed before me, this 9th 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 BALL GROUND - CORPORATE LIMITS; MUNICIPAL COURT JURISDICTION.
No. 747 (House Bill No. 1756).
AN ACT
To amend an Act entitled "An Act to provide a new charter for the City of Ball Ground," approved March 28, 1990 (Ga. L. 1990, p. 4552), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3949}, so as to change the corporate limits of the city by annexing certain property; to limit the jurisdiction of the municipal court with respect to such property; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to provide a new charter for the City of Ball Ground," approved March 28, 1990 (Ga. L. 1990, p. 4552), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3949), is amended by inserting at the end of Section 1.11 a new subsection to read as follows:
"(d) In addition to any property within the corporate boundaries ofthe city on the date this subsection becomes effective in 2004, the corporate boundaries of the city shall also include the following described property, to wit: all that right of way of Interstate Highway I-575 between Sharp Mountain Creek and the

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boundary between Cherokee and Pickens Counties, for a distance of 4.4 miles. However, as authorized under subsection (a) of Code Section 36-32-1, this property shall be excepted from the jurisdiction ofthe municipal court ofthe City of Ball Ground; the municipal court shall have no jurisdiction over the property described in this subsection; and jurisdiction over such property shall be in the state and superior courts ofCherokee County or as otherwise provided by general law.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENT TO INTRODUCE LEGISLATION:

The Ball Ground City Council has adopted a resolution seeking action by the Georgia General Assembly to permit the annexation oflnterstate 575 between the points of Sharp Mountain Creek and the Pickens County Line. The City of Ball Ground is not requesting law enforcement authority for traffic operations on this section oflnterstate. A copy of this resolution may be reviewed at the Ball Ground City Hall at 30 1 Gilmer Ferry Road in Ball Ground between the hours of 9:00 a.m. and 5:00p.m. Monday thru Friday.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Murphy, who on oath deposes and says that he is the Representative from District 14, Post 2 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 26, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JACK MURPHY Jack Murphy Representative, District 14, Post 2

Sworn to and subscribed before me, this 8th 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.

4260 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COWETA COUNTY- STATE COURT; CONTINUATION.
No. 748 (House Bill No. 1757).
AN ACT
To continue the State Court of Coweta 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 and provide for their use; to provide for institution of criminal cases; to provide for appeals; to provide for selection, number, and compensation of jurors; to provide for election, appointment, qualification, and terms of office of judges of the court and for judicial posts; to provide for restrictions and discipline of such judges and powers and duties thereof; to provide for the election, qualifications, and terms ofoffice ofa solicitor-general ofthe court and the powers and duties thereof; to provide for a clerk and sheriff ofthe court and the duties thereof; to provide compensation for the judges, solicitor-general, and other officers and staff of the court; to provide for a judge pro hac vice, an official court stenographer, and other personnel; to provide an effective date; to provide for a specific repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. The State Court of Coweta County, originally established as the City Court of Newnan by an Act approved October 5, 1887 (Ga. L. 1887, p. 692), is continued in existence and shall have the power, jurisdiction, and method of procedure as provided by Chapter 7 of Title 15 of the O.C.G.A. As used in this Act, the term "state court" means the State Court of Coweta County.
SECTION2. The State Court of Coweta County shall be located in the county site of Coweta County in facilities provided by the governing authority of Coweta County.
SECTION 3. The State Court of Coweta County shall have such rules of practice 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 Coweta County shall have quarterly terms beginning on the second Monday of January, April, July, and October in the county site of Coweta 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

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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 of civil 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 of Coweta County.

SECTION 6. (a) The clerk of the state court shall be entitled to charge and collect the same fees as the clerk ofthe Superior Court ofCoweta County is entitled to charge and collect for the same or similar services pursuant to state law. All such fees shall be paid into the county treasury, except those sums which are directed by law to be paid
otherwise. (b) The clerk of the state court shall be entitled to charge and collect a technology fee to be set by the court in an amount not to exceed $5.00 for the filing of each civil action and not to exceed $5.00 as a surcharge to each fine paid. Technology fees shall be used exclusively to provide for the technological needs of the court. Such uses shall include only the following:
(1) Computer hardware and software purchases; (2) Lease, maintenance, and installation of computer hardware and software, including the cost of training court personnel to use that hardware and software;
and (3) Purchase, lease, maintenance, and installation of imaging, scanning, facsimile, communications, projection, and printing equipment and software. The funds collected pursuant to this subsection shall be maintained in a segregated fund by the clerk of the state court and the county treasurer and shall be used only for the purposes authorized in this subsection at the direction of the chiefjudge of the state court.

SECTION 7. All prosecutions in criminal cases instituted in the State Court of Coweta County shall be by written accusation, uniform traffic citation, or summons as provided for byCodeSection 17-7-71 oftheO.C.G.A.

SECTIONS. Any cases tried in the State Court of Coweta 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 of Coweta County.

4262 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION9. (a) Traverse jurors shall be drawn, selected, chosen, and summoned for service in the State Court of Coweta County under procedures established by the judges and as prescribed by state law. Jurors in said state court shall receive the same per diem compensation for service therein as in the Superior Court of Coweta County and shall be paid by Coweta County in the same manner and out of like funds as jurors are paid in the Superior Court of Coweta County. (b) For the trial of any case in the State Court of Coweta County requiring the use of jurors, a jury pool is created. Jurors may be selected as prescribed by law by judges of the State Court of Coweta County to appear to be sworn and serve as jurors before either court. (c) The jury for the trial of all civil cases tried in the State Court of Coweta County shall be composed of the number ofjurors 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. (d) The jury for the trial of all criminal cases tried in the State Court of Coweta 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 ofTitle 15 of the O.C.G.A.
SECTION 10. (a) Until January I, 2005, there shall be one judge of the State Court of Coweta County. The judge of the state court in office immediately preceding the date upon which this Act becomes effective shall continue to serve the term of office to which he or she was elected, which shall expire December 31, 2004, and upon the election and qualification of his or her successor. For the four-year term commencing January 1, 2005, the position shall be on the ballot for nonpartisan election to be held and conducted jointly with the general primary in 2004 and quadrennially thereafter pursuant to Code Section 21-2-138 of the O.C.G.A., and this position shall be judicial post 1. (b) Effective January I, 2005, there shall be two judges of the State Court of Coweta County. The second judge added effective January 1, 2005, shall be appointed by the Governor for an initial term of office ending on December 31, 2006, and until his or her successor is elected and qualified. The successor to said judge shall be elected by the qualified voters of Coweta County at a nonpartisan election to be held and conducted jointly with the general primary in 2006 and quadrennially thereafter pursuant to Code Section 31-2-138 of the O.C.G.A., and this position shall be judicial post 2. The judge thus elected to judicial post 2 shall serve a term of office of four years and until his or her successor is elected and qualified. (c) The judges of said court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Chapter 7 ofTitle 15 of the O.C.G.A. He or she shall be vested with all the power and authority of the judges of the state courts by Chapter 7 ofTitle 15 of the O.C.G.A.

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(d) The judges shall devote their full time to the duties of said office and shall be paid a salary established by the governing authority ofCoweta County. Said salary shall be payable out of the funds of Coweta County at the same intervals as installments are paid to other county employees.

SECTION 11. (a) There shall be a solicitor-general of the State Court of Coweta County. The solicitor-general of that state court in office immediately preceding the date upon which this Act becomes effective shall continue to serve the term to which that person was elected, which shall expire December 31, 2004, and upon the election and qualification of a successor. That and all future successors to solicitor-general of the State Court of Coweta County whose terms of office are to expire shall be nominated in a partisan general primary and elected at the partisan general election immediately preceding such expiration of term, shall take office the first day of January immediately following such election, and shall serve for a term of office of four years and until the election and qualification of a successor. (b) The solicitor-general ofsaid court shall have such qualifications as provided in Article 3 of Chapter 18 of Title 15 ofthe O.C.G.A. and shall be subject to such restrictions and discipline as provided in Article 3 of Chapter 18 ofTitle 15 of the O.C.G.A. He or she shall have all the duties and authority of the solicitors-general of state courts provided by Article 3 of Chapter 18 of Title 15 of the O.C.G.A. (c) The solicitor-general shall be paid an annual salary as established by the governing authority of Coweta County and shall devote his or her full time to the duties of said office. Said salary shall be payable out of the funds of Coweta County at the same intervals as installments are paid to other county employees.

SECTION 12. The clerk of the Superior Court of Coweta County may serve as ex-officio clerk of the State Court of Coweta County or the judges of the state court, with the consent of the governing authority of Coweta County, may appoint some other person to serve at the pleasure of the judges as clerk of the state court. Any person appointed by the judges to serve as clerk shall receive such compensation as shall be fixed by the governing authority of Coweta County upon recommendation by the judges of the state court. If the clerk of the Superior Court of Coweta County also serves as clerk of the state court, such person shall be entitled to no additional compensation for services as such except as otherwise required by general law. The sheriff of Coweta County shall be ex-officio sheriffof the State Court of Coweta County but shall be entitled to no additional compensation for services as such unless otherwise required by general law. All fees, costs, percentages, forfeitures, penalties, allowances, and other perquisites of whatever kind as may now or hereafter be allowed by law to be received or collected as compensation for services by said officials as officials of the State Court of Coweta County shall be received and diligently collected by said officials for the sole use of Coweta County and shall be held as public moneys belonging to Coweta County and accounted for and paid

4264 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
over to the fiscal authorities of Coweta County on the first Tuesday in each month, at which time a detailed itemized statement shall be made showing such collections and the sources from which collected.
SECTION 13. The governing authority ofCoweta County is authorized to supplement the salaries of the sheriff of Coweta County in an amount it deems appropriate for those officers services to the State Court of Coweta County.
SECTION 14. In the event any judge of the State Court of Coweta County is unable to preside in the court or is disqualified for any reason, then the judges 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 Coweta County.
SECTION 15. The judges of the State Court of Coweta 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 of Coweta County which shall be taxed and enforced as in the Superior Court of Coweta County.
SECTION 16. In the event of any dispute or difference of opinion between the state court judges regarding any administrative or procedural issue related to the operation of the court, the opinion of the judge having the longest tenure as judge of the State Court of Coweta County shall control, and the judge with the longest tenure as judge of the State Court ofCoweta County shall be designated as the chiefjudge ofthe State Court of Coweta County.
SECTION 17. The number and salaries of any necessary additional support staff for the clerk of the Superior Court of Coweta County and the sheriff of Coweta County required to serve the State Court of Coweta County and to serve the judges of that court shall be set by the governing authority of Coweta County.
SECTION 18. The State Court of Coweta County shall have the right to review decisions oflower courts as provided by law.
SECTION 19. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 20. An Act establishing the City Court of Newnan, approved October 5, 1887 (Ga. L. 1887, p. 692), and all amendatory Acts thereto are repealed in their entirety.

SECTION 21. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to continue the State Court of Coweta 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 and provide, for their use; to provide for institution of criminal cases; to provide for appeals; to provide for selection, number, and compensation of jurors; to provide for election, appointment, qualification, and terms of office of judges of the court and for judicial posts; to provide for restrictions and discipline of such judges and powers and duties thereof-, to provide for the election, qualifications, and terms of office ofa solicitor-general of the court and the powers and duties thereof-, to provide for a clerk and sheriffofthe court and the duties thereof-, to provide compensation for the judges, solicitor-general, and other officers and staffof the court; to provide for a judge pro hac vice, an official court stenographer, and other personnel; to provide an effective date; to provide for a specific repeal; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn Smith, who on oath deposes and says that she is the Representative from District 87 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times-Herald which is the official organ of Coweta County on March 4, 2004, and that the notice requirements of Code Section 28-l-14 have been met.

sf LYNN SMITH Lynn Smith Representative, District 87

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

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

4266 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Aug. 25,2007 (SEAL)
Approved May 17, 2004.
WHITE COUNTY- WHITE COUNTY WATER AND SEWERAGE AUTHORITY; MEMBERS; TERMS OF OFFICE; QUORUMS.
No. 749 (House Bill No. 1668).
AN ACT
To amend an Act creating the White County Water and Sewerage Authority, approved March 28, 1984 (Ga. L. 1984, p. 4920), as amended, so as to change the provisions relating to terms of members of the authority; to provide for initial and regular terms of office; to change the provisions relating to quorums; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the White County Water and Sewerage Authority, approved March 28, 1984 (Ga. L. 1984, p. 4920), as amended, is amended by striking subsection (b) of Section 2 of said Act in its entirety and inserting in its place the following:
'(b) The membership ofthe authority shall be composed as follows: one member shall be a member ofthe Board of Commissioners ofWhite County; one member shall be an appointee of the White County Planning Commission; one member shall be appointed by the City of Cleveland; one member shall be appointed by the City of Helen; one member shall be appointed by the Development Authority of White County; one member shall be appointed by the White County Board of Commissioners as a representative of the general interest of the citizens ofWhite County; and one member shall be appointed by the White County Board of Commissioners as a representative of the interests of the Upper Chattahoochee River Soil and Water Conservation District, provided that such member shall not be an elected official or an employee of any government. Effective with members appointed for terms beginning in 2004, members of the authority shall be appointed for terms of two years each and until their respective successors are appointed and qualified, provided that the member who is a member of the Board of Commissioners of White County, the member who is appointed by the City of Cleveland, and the member who is appointed by the City of Helen shall have initial terms of one year from June 2004 until June, 2005. Following such initial terms, the terms of all members shall be two years each and until their respective

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successors are appointed and qualified. Appointing entitles shall certifY appointees to the authority during the month of June of the year in which a respective term ofoffice ends. Any member of the authority may be selected and appointed to succeed himself or herself. Immediately after such appointments, the members of such authority shall enter upon their duties. The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the authority."

SECTION 2. Said Act is further amended by striking subsection (e) of Section 2 of said Act in its entirety and inserting in its place the following:
'(e) Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority."
SECTION3. All laws and parts of Jaws in conflict with this Act are repealed.

Notice is hereby given that a Resolution for White County Water Authority will be introduced at the 2004 Regular Session of the General Assembly of Georgia to:
Purpose: WHEREAS, included in the legislation creating the Authority is a provision that the terms of all members of the Authority are one year; and, WHEREAS, the Authority desires to have the Georgia Legislature change the legislation creating it so as to provide for two year terms for members of the Authority. NOW THEREFORE, BE IT RESOLVED that the undersigned request that the legislative delegation representing White County, Georgia, introduce legislation in the Legislature of the State of Georgia to amend Section 2 (b) of the White County Water and Sewerage Authority Act to provide that all members of the Authority shall serve two year terms except that the member who is a member of the Board of Commissioners of White County, Georgia, the member who is appointed by the City of Cleveland and the member appointed by the City ofHelen, Georgia, shall serve an initial term from June 2004 until June 2005 and thereafter be appointed for two year terms and that all other members of the Authority shall serve two year terms beginning in June 2004 and for other purposes.
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

4268 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Intention to Introduce Local Legislation was published in the White County News which is the official organ ofWhite County on January 15, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHARLES F. JENKINS Charles F. Jenkins Representative, District 8
Sworn to and subscribed before me, this 24th 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.
CITY OF GAINESVILLE- BOARD OF EDUCATION; POWERS AND DUTIES; AUTHORITY TO LEVY TAXES; TERMS OF OFFICE; ELECTIONS AND VACANCIES; COMPENSATION; CHAIRPERSON AND SUPERINTENDENT.
No. 750 (House Bill No. 1675).
AN ACT
To amend an Act creating a new charter for the City of Gainesville and creating the City ofGainesville School District, approvedAprilll, 1979 (Ga. L. 1979, p. 3302), as amended, particularly by an Act approved March4, 1993 (Ga. L. 1993, p. 3981), and an Act approved June 3, 2003 (Ga. L. 2003, p. 4670), so as to provide for the public schools, School District, and Board of Education of the City of Gainesville; to provide for general powers, duties, authority to levy ad valorem taxes, rights, and obligations of the Board of Education and the School District; to provide for elections, terms of offices, and vacancies; to provide for the management of the School District; to provide for the election and compensation ofboard members and appointment of a chairperson of the Board; to provide for the appointment of a superintendent and the powers of the superintendent; to provide 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 I. An Act creating a new charter for the City of Gainesville, approved April 11, 1979 (GaL. 1979, p, 3302), as amended, particularly by an Act approved March 4, 1993 (Ga. L. 1993, p. 3981), and an Act approved June 3, 2003 (Ga. L. 2003, p. 4670), is amended by striking Sections 9.10 and 9.11 and inserting in lieu thereof the following:
'SECTION 9.10. Public Schools Established.

There shall be established, maintained, supported, and provided for by local taxation, and otherwise in the manner provided in this Act and authorized by the laws of the State of Georgia, a system of public schools in and for the City of Gainesville, Hall County, Georgia.

SECTION 9.11. General Powers, School District, Board of Education.

(a) School District. There is created a body corporate and politic to be known and designated as the 'Gainesville City School District.' (b) Board of Education.
(l) Management of School District. The School District shall be under the government, management, and control ofa board ofeducation, hereafter referred to as the 'Board.' (2) General Powers. The Board shall possess all powers as are granted to boards of education under the Constitution and general laws of the State of Georgia, together with those other specific additional powers set forth in this Act. (3) Title, Care, and Custody ofProperty. The Board is vested with the title, care, and custody of all real or personal property used in the School District for educational purposes or for the administration of the School District, with the power to control such property in such manner as it thinks will best serve the interest of the public schools. Title to the properties known as Centennial Elementary School, Enota Elementary School, Fair Street Elementary School, Gainesville Middle School, and Gainesville High School and all other property associated and under the control of the present Gainesville City School System shall be and is vested in the Board, with title to all infrastructure supporting the provision of general governmental services to these tracts including utilities and public roads to remain vested in the city. (c) Authority to Levy Ad Valorem Taxes. (1) The Board shall annually recommend to the mayor and council of the City of Gainesville the rate of the tax levy, not greater than the mills per dollar authorized and allowed under the laws and Constitution ofthe State of Georgia,

4270 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
necessary for the support, maintenance, and operation ofthe public schools ofthe City of Gainesville. The mayor and council shall levy the tax so certified by the Board upon the assessed value of taxable property in the city for the purposes so specified by the Board. (2) The Board shall pay all expenses incurred for the levy and collection of ad valorem taxes for the support and maintenance of education in the school district and may contract for such services as provided in this Act or under Georgia law. (3) After complying with the procedure for authorization ofbonded debt set forth in Georgia law and applicable to public school districts, the Board shall have the power and authority to issue bonds or notes, or both, for capital outlay purposes, which may include buying and improving property for educational purposes and for the construction and maintenance of public schools, administrative offices, and storage, maintenance, transportation, and other facilities established and maintained under the direction of the Board, provided that the debt that may be created under this paragraph shall never exceed any limitations established by the Constitution or laws of the State of Georgia. Any millage limitation referred to in this section shall not apply to the school tax levy necessary for the payment of the bonded indebtedness ofthe School District and shall apply only to the portion ofthe school tax levied for the support, maintenance, and operation ofthe School District. (4) The Board shall assume the contractual obligations of the city pursuant to the agreement entered into between the city and the Hall County of Education on October 20, 1992.'
SECTION 2. Said Act is further amended by striking Sections 9.21 and 9.22 and inserting in lieu thereof the following four sections:
'SECTION 9.21. Nonpartisan Elections.
All members of the Board shall be elected in nonpartisan elections as provided in Code Section 21-2-139 of the O.C.G.A.
SECTION 9.22. Qualifications and Election.
Except as otherwise provided in this Act, the qualification and election of board members shall be in accordance with the requirements of Georgia law governing the nonpartisan election of local school boards.

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SECTION 9.23. Dates ofE1ections and Terms of Office.

The present members of the Board shall continue their present terms representing the Education Wards from which they were elected. Successor members of the Board shall be elected at the City of Gainesville general municipal election and shall serve for four year terms beginning the first day of January immediately following their election.

SECTION 9.24. Vacancies.

In the event of a vacancy occurring in the membership of the Board for any reason other than the expiration of a term, that vacancy shall be filled as provided in Code Section 20-2-54.1 of the O.C.G.A.'

SECTION 3. Said Act is further amended by striking Article III, consisting of Section 9.30; Article IV, consisting of Section 9.40; Article V, consisting of Sections 9.50 through 9.54; Article VI, consisting of Section 9.60; and Article VII, consisting of Sections 9.70 through 9.74, and inserting in lieu thereof the following:

"ARTICLE III BOARD OF EDUCATION
SECTION 9.30. Powers and Duties.

The Board shall be vested with all powers, duties, and responsibilities as are granted to boards of education under the Constitution and general laws of the State of Georgia.

SECTION 9.31. Election and Duties of Board Chair.

The members of the Board shall, at their first meeting in January of each year, elect from their own membership a chairperson to serve for a term of office of one year. The Board shall elect such additional officers as it may deem appropriate to serve for the terms established by the Board. A member of the Board may be reelected as chairperson. The chairperson shall have all those powers and responsibilities as set forth under the Constitution and laws of the State of Georgia applicable to the office of chairperson of a board of education. The chairperson shall hold office at the will of the Board and the Board shall be authorized to fill vacancies occurring in that office.

4272 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 9.32. Compensation of Board Members.
The Board shall determine compensation of its members after holding two separate public hearings to be scheduled to begin between 7:00P.M. and 8:00P.M. Any increase in compensation for members ofthe Board shall be implemented July 1 of the following year. Additionally, each member of the Board shall be entitled to be reimbursed for actual expenses necessarily incurred in connection with service on the Board, including but not limited to travel outside the district on official business or expenses incurred by a member or on behalf of a member to provide technology or equipment necessary for a member to carry out the business of the Board. The Board must approve any expenses paid to or on behalf of members of the Board.
ARTICLE IV SUPERINTENDENT
SECTION 9.40. Appointment and Duties.
The Board shall appoint a Superintendent and provide the Superintendent with an employment contract to establish the compensation and fix the term ofemployment consistent with the requirements of Georgia law. The Superintendent shall have all duties and responsibilities of a Superintendent of Schools as set forth in the Constitution and general laws of the State of Georgia:
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 2004 Session of the General Assembly of Georgia a bill to provide for an amendment to the charter of the City of Gainesville related to the City of Gainesville School District.
This 24th day of February, 2004.
Phillip L. Hartley Attorney for the Gainesville City School District

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GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Rogers, who on oath deposes and says that he is the Representative from District 20 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ ofHall County on February 26, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CARL ROGERS Carl Rogers Representative, District 20

Sworn to and subscribed before me, this 1st 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.

ELBERT COUNTY- TAX COMMISSIONER; COMPENSATION.
No. 751 (House Bill No. 1680).
AN ACT
To amend an Act creating the office of tax commissioner of Elbert County, approved August 7, 1925 (Ga. L. 1925, p. 640), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4555), so as to change the provisions relating to compensation for that office; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the office of tax commissioner of Elbert County, approved August 7, 1925 (Ga. L. 1925, p. 640), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4555), is amended by adding at the end of Section 4A the following:

4274 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The tax commissioner of Elbert County serving in such office on January 1, 2004, shall continue to be compensated pursuant to subsections (a) and (b) ofthis section as long as that person holds such office. All future successors to that person in such office shall receive only the compensation established for such office by general law and not that established by subsections (a) and (b) of this section.
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 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 amend an Act creating the office of tax commissioner of Elbert County, approved August 7, 1925 (Ga. L. 1925, p. 640), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4555); 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 25,2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TOM MCCALL Tom McCall Representative, District 78
Sworn to and subscribed before me, this 25th day of February, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)

GEORGIA LAWS 2004 SESSION Approved May 17, 2004.

4275

CITY OF WASHINGTON- CORPORATE BOUNDARIES; MAYOR AND COUNCIL; TERMS, QUALIFICATIONS, AND ELECTIONS;
OTHER CITY OFFICERS; COUNCIL MEETINGS; ORDINANCES; UTILITIES; TAXES; MUNICIPAL JUDGE.
No. 752 (House Bill No. 1681).
AN ACT
To amend an Act providing a new charter for the City of Washington, Georgia, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended, so as to change provisions relating to corporate boundaries; terms of the mayor, and council; electors, mayor, and council qualifications; compensation of mayor and council; selection of other city officers; council meetings; ordinance enactment; powers and construction; exercise of powers; waterworks and sewerage service; the authority to levy and collect taxes; the chief executive; the municipal judge; appearance bond; refunding bonds; building and fire regulations; building permits; weights and measures; easements; the city engineer; parks; and the sale of city property; 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 of the City of Washington, Georgia, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended, is amended by striking Sections 3, 4, 5, 6, 7, and 8 and inserting in lieu thereof a new Sections 3, 4, 5, 6, 7, and 8 to read as follows:
"SECTION 3. Corporate boundaries.
(a) The corporate boundaries ofthe City ofWashington shall be as described and set forth on a map filed in the office of the city clerk. (b) The city council may provide for changes in the map by ordinance to reflect lawful changes in the corporate boundaries.

4276 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4. Mayor and council terms; oath; vacancy; elections.
The governing authority of the City of Washington shall consist of a mayor and six councilmen to be elected as hereinafter provided. All municipal general and special elections shall be conducted in accordance with current state law. The municipal general election to fill municipal offices shall be held on the Tuesday next following the first Monday in November in each odd-numbered year. Candidates elected to office in such elections shall take office on the second Monday in January following their election to serve for a term of office of four years and until their successors are duly elected and qualified. Each candidate shall file his or her notice of candidacy in the office of the municipal election superintendent during the qualifying period. Successors to the incumbent elected officers shall be elected in the general election which is conducted immediately prior to the date of the expiration of the respective term of office. For any city employee to be eligible to qualify as a candidate for council, he or she must resign his or her employment at least 30 days before he or she qualifies for office. Once elected, a mayor or councilmember shall not be employed by the city in any capacity other than that ofhis or her official position as mayor or councilmember. The candidates elected at such elections shall qualify by taking the oath of office before taking part in any special or regular meeting of the mayor and council. The members of council so elected shall qualify by taking the oath before the mayor or any magistrate, clerk of superior court, probate judge, or other officer qualified to administer oaths in Georgia, and the mayor shall qualify by taking the oath before any officer authorized by law to administer oaths in this state. The oath taken shall be substantially in the following form: 'I (mayor or councilmember, as case may be) do swear that I will well and truly perform all the duties of the office to which I have been elected. So help me God.' Said oath shall be signed and placed on the minutes ofmayor and council. Should there for any cause fail to be an election held at the time specified or should any vacancy occur from death, removal from the city, or other cause, the council if the vacancy is in the mayor's office shall if the vacancy is of 12 months or less elect from its membership a mayor to serve the unexpired term. If the vacancy is of more than 12 months, the council shall in accordance with current election law call a special election to fill the unexpired term. If the vacancy is in a council office and the vacancy is 12 months or less, the council shall appoint a qualified elector from the district affected to fill the unexpired term. If the vacancy is of more than 12 months, in accordance with current election law, the council shall call for a special election to fill the unexpired term. In the event any contest is filed to an election, then a hearing shall be conducted as provided by law. Those candidates who receive the highest number of votes cast for the particular office shall be elected thereto.

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SECTION 5. Electors.

The persons qualified to vote in any election for mayor and council, or in any other election held in and for the City of Washington, Georgia, for any purpose, shall be those persons qualified to vote in elections for members of General Assembly of Georgia and who shall have bona fide resided in the State of Georgia and within the territorial limits of the City ofWashington, Georgia, next preceding said election, provided that such person or persons shall have complied with the laws of the State of Georgia regulating the qualifications of voters and with such registration and voting ordinances as may be adopted by said mayor and council of the City of Washington, Georgia, who are authorized to provide by ordinance for the qualification and registration of voters, provided the same are not in conflict with the laws of Georgia or the laws of the United States of America. Any person voting illegally at any such election or elections shall be guilty of a misdemeanor and, on conviction thereof, shall be so punished as provided by the laws of the State of Georgia.

SECTION 6. Mayor and council qualifications.

Any person of the City of Washington, Georgia, who is qualified to vote for mayor and council shall be eligible to hold either office, provided such person is at least 21 years of age.

SECTION 7. Compensation of mayor and council.

The mayor of the City of Washington, Georgia, shall receive an annual salary of $7,200.00 payable monthly, and each of the councilmembers of the said City of Washington, Georgia, shall receive an annual salary of $3,600.00 payable monthly, said salaries to be paid out of the city treasury. The mayor and any member of council shall also be paid any travel or other expense incurred on behalf of the city.

SECTION 8. Other officers; terms; compensation.

The mayor and council of City of Washington, Georgia, at the first regular meeting held in January of each year, or as soon thereafter as is practicable, shall elect the following officers of the City of Washington, Georgia, to serve for the ensuing year, a majority of the votes cast being in each case sufficient to elect:
(I) A municipal judge; and (2) A city marshal who may be one and the same person as the chief ofpolice.

4278 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The terms of these officers shall run for one year, with the right of the mayor and council to discharge such officers at any time for neglect of duty, immoral conduct, conviction of crime, or for other reason which would prevent such officers from satisfactorily filling the positions to which they were elected, provided a hearing shall be given to such officer or officers in the event of discharge, if demanded, before the mayor and council. The mayor and council shall fix the compensation to be paid to these officers and shall provide for bonds for the clerk, treasurer, municipal judge, city administrator, or any other city official for the discharge of their duties and accounting for the moneys in their hands in such amounts as the mayor and council shall direct. In the event one and the same person shall act as clerk and treasurer only one bond shall be required ofsuch officer. Each ofsaid bonds shall be approved by the mayor, and all of said officers before entering upon their duties shall take and subscribe an oath to faithfully discharge the duties of the office to which each of them has been named. The salaries of such officers shall be paid out of the city treasury."
SECTION2. Said Act is further amended by striking Sections 10 and 11 and inserting in lieu thereof new Sections 10 and 11 to read as follows:
'SECTION 10. Meetings of mayor and council.
The mayor and council shall meet for the transaction of business of the municipality within the limits ofthe municipality at such times and places as they may see fit, and any special meeting may be called by the mayor or clerk, or by any four or more councilmembers to consider any business that may legitimately come before the mayor and council. At all such meetings the mayor, if present, shall preside and shall be entitled to vote only in a case of a tie vote, except that he or she shall be authorized to cast a vote in any election of officers of the City of Washington, Georgia, that may be named by the mayor and council, even when there is no tie vote. A quorum for the transaction of any business at any meeting, regular or special, shall consist of four members of the mayor and council, including the mayor, and if the mayor is absent at any meeting, the council may elect one of their number to act as temporary mayor pro tempore who shall possess all the rights and powers of the duly elected mayor. Each councilmember shall serve eight months as mayor pro tempore in accordance with the following schedule: January-August, S~ptember-April, May-December. The first to serve shall be the three councilmembers with two years remaining on their term of office. The second three will be the councilmembers most recently elected to office. The order of service shall be alphabetical. If a regular mayor pro tempore has been already named by the mayor and council to serve in cases when the mayor is absent, ill, or disqualified, then such mayor pro tempore shall

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preside at any meeting of the mayor and council, regular or special, without the necessity of a temporary mayor pro tempore being selected.

SECTION 11. Ordinance enactment.

Said mayor and council of the City of Washington, Georgia, shall have the right to pass and enact all ordinances, rules, and regulations, necessary for the good government of the municipality, the protection of persons and property, for the peace, health, good order, comfort, and convenience of the citizens thereof, and fix suitable penalties for the violation ofsame. They shall be authorized to inflict penalties for each and every violation of any ordinance or resolution passed by them, by fine, imprisonment in the county jail of Wilkes County, Georgia, or by working on a labor force on the streets, sidewalks, parks, or other public places in such municipality, and all or any of said penalties may be inflicted. In the event a fine is imposed it shall not exceed $1,000.00 and costs; and, in the event imprisonment in the county jail of Wilkes County, Georgia, is imposed it shall in no case exceed 12 months; and, in the event a sentence is imposed to work on the labor force on the streets, sidewalks, parks, or other public places in the municipality, it shall not exceed 180 days, but any one or all of such penalties may be inflicted. The mayor and council shall be authorized to provide an alternative sentence to be served in the county jail of Wilkes County, Georgia, or on the labor force of said municipality, not to exceed the number of days stated, in the event the fine is not paid. In case of imprisonment in the county jail of Wilkes County, Georgia, the cost of the board of such prisoner and jail fees shall be borne by the municipality and paid out of the treasury thereof. Said mayor and council shall have full power and authority to provide for the working ofoffenders sentenced to work upon the public places of the municipality by the municipal court, to establish, equip, and maintain a city work force; to establish, equip, and maintain a guardhouse, barracks, or stockade for the safe-keeping of such offenders, either inside or outside the city limits; and to provide for the feeding and care of the same."

SECTION3. Said Act is further amended by striking Sections 15 and 16 and inserting in lieu thereof new Sections 15 and 16 to read as follows:

"SECTION 15. Powers and construction.

This city shall have all powers possible for a city to have under 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. The

4280 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 16. 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.'
SECTION 4. Said Act is further amended by striking in their entirety Sections 17 through 23 and inserting in lieu thereof the following:
'SECTIONS 17-23. Reserved.'
SECTIONS. Said Act is further amended by striking Section 26 and inserting in lieu thereof a new Section 26 to read as follows:
'SECTION 26. Providing waterworks and sewerage systems by city.
The provisions of this Act in regard to the purchase, lease, erecting, constructing, or installing of any waterworks, sewerage, and sewerage disposal systems in and for said City of Washington, Georgia, shall not conflict in any way with the present waterworks system, sewerage, and sewerage disposal system now in use in said city but is intended to provide a method of supplementing the water supply of the inhabitants of the municipality and consumers living outside the corporate limits, if the same ever shall become necessary.'
SECTION6. Said Act is further amended by striking Section 28 and inserting in lieu thereof a new Section 28 to read as follows:
'SECTION 28. Authority to levy and collect taxes.
Said mayor and council acting on behalf of the City of Washington, Georgia, shall be authorized to levy and collect for general city purpose in each and every year a tax of all real estate, stock in trade, personalty, and all other property that

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may be at the time be taxable under the laws of the State of Georgia. The order levying the tax shall be recorded on the minutes of the city and shall specify the amount assessed and levied.n
SECTION 7. Said Act is further amended by striking Sections 31 through 38 and inserting in lieu thereof the following:
"SECTIONS 31-38. Reserved."

SECTION 8. Said Act is further amended by striking Sections 41 and 42 and inserting in lieu thereof new Sections 41 and 42 to read as follows:
"SECTION 41. Chief executive of the city.

The mayor shall be the chief executive officer of the City of Washington, Georgia. It shall be his or her duty to see that all laws, ordinances, resolutions, rules, and regulations of the mayor and council are strictly observed and enforced. He or she shall be authorized to name and appoint any standing or special committee or committees from the council as he or she may see fit, and he or she is made an ex officio member of such committee or committees. Prior to appointment of members of boards, commissions, or authorities, to be appointed from the citizens of the city, the mayor shall obtain input and concurrence of the council. In case of the absence, illness, or disqualification of the mayor of the city, the mayor pro tempore shall be authorized to perform all the duties of the mayor during his or her absence, illness, or disqualification.

"SECTION 42. Municipal judge.
The mayor and council of the City of Washington, Georgia, shall have the right to elect and appoint a municipal judge in and for said municipality, who shall be a person of good moral character and a qualified voter under this Act. They shall have the right to fix his or her salary and term ofoffice and provide a place where the municipal judge shall sit as a municipal court. The municipal judge shall have jurisdiction to try in a summary manner, unless a plea of guilty be entered, all persons charged with violating the laws, ordinances, resolutions, rules, and regulations of such municipality, without the filing of written charges, and may impose such penalties for the violation of the same as may be prescribed by the mayor and council. He or she shall be authorized to sit as a court at any time, Sundays excepted. All fines and costs imposed by him or her, when collected,

4282 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be paid into the treasury of the municipality. Any person convicted of an offense by the municipal judge shall have the right to appeal to the mayor and council, provided notice of such appeal is given to the municipal judge within three days after conviction and provided that, if a fine is assessed against such person, that the fine must be paid before an appeal can be entered, the fine to be returned to him or her by the clerk or treasurer of the said city in the event he or she is found not guilty on a final disposition of the case. The appeal shall be held as a de novo investigation, and either side shall have the right to offer evidence and may obtain a subpoena from the municipal judge to ensure the witnesses' attendance or production of any papers. Upon such appeal being entered and heard, the mayor and council shall have the power to reverse the decision of the municipal judge, modify the penalty, or increase the same. The municipal judge shall be authorized to issue criminal warrants, hold courts of inquiry, commit offenders to the proper court for trial, or admit them to bail, as in cases tried before a magistrate in this state siting as a court of inquiry. The municipal judge, for any hearing held by him or her, shall have the power to summon witnesses, issue subpoenas for persons or for the production ofpapers or records, and punish for disobedience to a subpoena or writ or for any act of contumacy amounting to a contempt or contempt committed in his or her presence while sitting as a court with authority to fine the offender for such contempt, imprison said offender in the county jail of Wilkes County, Georgia, or inflict either or all of said penalties for each offense. In the event a fine is imposed and not paid, the municipal judge may provide an alternate sentence ofimprisonment not to exceed the time stated."
SECTION 9. Said Act is further amended by striking Section 44 and inserting in lieu thereof a new Section 44 to read as follows:
"SECTION 44. Appearance bond.
The municipal judge ofsaid municipality shall have the right to take, receive, and approve any appearance bond with good security in an amount to be fixed by such official, payable to the mayor of the City of Washington, Georgia, and conditioned on the accused person appearing at such time as may be fixed for a hearing on the charges against him or her. For good cause shown the hearing may be continued from time to time by the municipal judge. If such bond is given, the accused shall be required to appear at the time fixed for a hearing of the charges before the municipal judge, and, ifno appearance is made, such bond may be forfeited by serving the defendant and his or her surety or sureties with a rule nisi in the same manner as bonds are forfeited and rule nisi served in the superior courts of this state, requiring them to appear within 30 days after such service and show cause why such bond should not be forfeited. If the defendant and his or her sureties reside within the limits ofthe municipality, service of such

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rule nisi may be made by the chief of police of said city or any of his or her assistants. If the said defendant or any of his or her sureties reside outside the limits of the municipality, service shall be made by the sheriff of this county or his or her lawful deputy, or by the sheriff or his or her lawful deputy of any other county ifsuch defendant lives outside Wilkes County, Georgia. If the defendant, any surety, or either of them shall fail to appear as required by said rule nisi, the said bond shall be declared forfeited, and, thereupon, an execution or fi. fa. shall be issued by the municipal judge against the defendant and his or her sureties, which execution shall be levied and collected in the manner provided by this Act for the levy and collection of tax fi. fas. and executions. Any sum or sums received from such forfeitures shall be paid into the treasury of the city. The municipal judge shall have the right to receive cash from the accused in lieu of personal bond, and if the offender fails to appear at the time set for the hearing or fails to give a good reason for not appearing, the cash shall be ordered forfeited by order in writing of the officer before whom the case is heard without the issuance and service of a rule nisi. In all cases where a cash bond is taken a receipt shall be issued to the accused. The forfeiture may be reopened for good cause shown within 30 days after the cash is forfeited."

SECTION 10. Said Act is further amended by striking Section 47 and inserting in lieu thereof the following:

'SECTION 47. Reserved."

SECTION 11. Said Act is further amended by striking Section 50 and inserting in lieu thereof a new Section 50 to read as follows:

'SECTION 50. Loans.

The mayor and council of the City of Washington, Georgia, acting for and on behalf of the municipality, shall be authorized to make and incur temporary loans between January I and December 31 in each year to pay the expenses of such year upon compliance with all the provisions of Article IX, Section V, Paragraph V ofthe Constitution of this state and all laws amendatory thereof."

SECTION 12. Said Act is further amended by striking Section 55 and inserting in lieu thereof a new Section 55 to read as follows:

4284 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"SECTION 55. Refunding bonds.
The mayor and council acting for and on behalf of the municipality shall be authorized to issue refunding bonds in the event the municipality is not able to meet or reduce any bonded debt now existing or hereafter created, as provided by the Constitution of the State of Georgia and any amendment thereof or as provided by any law of the State of Georgia now in force or that may be hereafter enacted, under such terms as shall be fixed by such law or by any commission created by law."
SECTION 13. Said Act is further amended by striking the first paragraph of Section 59 and inserting in lieu thereof the following:
"Said mayor and council acting for and on behalf of the municipality shall be authorized to enact all ordinances, rules, and regulations necessary to lay out and prescribe a district or districts in such city and to enlarge, change, or modify the limits thereof from time to time; to prescribe when, how, and of what materials any building or buildings in such district or districts may be constructed, repaired, or covered; how thick the walls shall be required to be constructed and what type chimneys, stove pipes, flues, and stacks for escape of smoke are to be constructed; to provide for fire escapes from buildings and how they shall be erected and of what materials in any building in the city where the same are required, provided such provision does not conflict with the fire laws ofthis state; and generally to do any and all things necessary by rule, regulation, or ordinance as will protect the inhabitants and the property within the municipality from danger by fire and damage from smoke and water."
SECTION 14. Said Act is further amended by striking in its entirety the second paragraph of Section 60 and inserting in lieu thereof the following:
"The person, firm, or corporation contemplating any such erection, building, improvement, or change of any such enumerated property shall furnish to the clerk of said municipality on a printed form to be furnished by the clerk, a description of the proposed erection, building, construction, or improvement, where the same is to be located, when the work will start, the cost of same, and materials proposed to be used in the construction."
SECTION 15. Said Act is amended by striking in its entirety Section 64 and inserting in lieu thereof the following:
"SECTION 64. Reserved."

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SECTION 16. Said Act is further amended by striking Section 66 and inserting in lieu thereof a new Section 66 to read as follows:

'SECTION 66. Easements.

The mayor and council acting for and on behalf of the City of Washington, Georgia, shall have full power and authority to grant unto persons, firms, and corporations franchises enabling them to carry on the business of a public utility within the limits of the municipality, and for the purposes of the utilities the mayor and council shall be authorized to grant easements and rights ofway over, in, upon, under, along, and across the public sidewalks, roads, streets, lanes, alleys, parks, squares, and other public places within the municipality for the purpose of laying, erecting, constructing, maintaining, repairing, improving, or changing any poles, stays, wires, anchors, pipes, supports, cables, connections, water mains or pipes, gas mains or pipes, or any other accessory or equipment needed for the operation of any telecommunications, water, gas, or electric utility within the present limits of the municipality or such limits as they may be hereafter extended. The mayor and council shall determine the terms and conditions under which any franchises, may be granted, renewed, or extended and for the term thereof:

SECTION 17. Said Act is further amended by striking Section 68 and inserting in lieu thereof a new Section 68 to read as follows:

'SECTION 68. City engineer.

The mayor and council shall have the right to gain the services of a city engineer and such assistants as they may see fit and to provide compensation for them to be paid out of the city treasury. They shall be authorized to prescribe the duties ofsuch city engineer and assistants and to provide for the hiring and pay of same as may be deemed necessary. They shall also be authorized to employ and provide compensation for any other employee, regular or casual, to be paid out of the city treasury that may be required for the maintenance and upkeep of the sidewalks, roads, streets, lanes, alleys, parks, cemeteries, squares, and places of public recreation in said municipality; for hauling, collecting, and destroying waste and garbage; and for the maintenance and upkeep of any property, facility, or utility owned by the municipality whether located inside or outside the limits of the city.'

4286 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 18. Said Act is further amended by striking Section 69 and inserting in lieu thereof a new Section 69 to read as follows:
'SECTION 69. Parks.
Said mayor and council shall have the right and authority to adopt and enforce any rules, regulations, ordinances, or resolutions for the protection ofshade trees and shrubs in public places in said city and to hinder and prevent the cutting or trimming of same by any public utility or its employees. They shall have authority to cause to be removed any tree or trees or shrub or shrubs, which in the judgment of the mayor and council or any committee thereof hinders or endangers traffic in said city or which by reason of age or other condition is dangerous to persons and property. If the owner of the property on which any such tree or shrub is located fails or refuses to remove the same after reasonable notice from the mayor and council, they may proceed to have the same removed, the expense to be borne by the property owner, with the right to enforce the collection of such expense as tax assessments are enforced and collected.'
SECTION 19. Said Act is further amended by striking Section 74 and inserting in lieu thereof a new Section 74 to read as follows:
'SECTION 74. Sale of city property.
No personal or real property of a value greater than $1,500.00 owned by the municipality shall be sold to any purchaser without asking for competitive bids for at least ten days before such sale, notice to be given by the running of one advertisement in the official organ of Wilkes County, Georgia, and no personal property of any kind owned by the municipality shall be sold except under the same terms. However, it is expressly provided in this section that the restriction on the sales of personal property shall not apply when any of such personalty in the nature of worn out and obsolete fire trucks and equipment, automobiles, trucks, and other equipment and machinery used by the municipality which is traded in as a part of the purchase price of new fire trucks and equipment, automobiles, trucks, and other equipment and machinery. It is also provided that the restrictions as to sale of real estate shall not apply to sales of cemetery lots.'
SECTION 20. 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 providing a new charter for tbeCityofWashington, Georgia (GA. L. 1929, p. 1396), as amended; and for other
purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom McCall, who on oath deposes and says that he is the Representative from District 78 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News-Reporter which is the official organ ofWilkes County on February 26, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOM MCCALL Tom McCall Representative, District 78

Sworn to and subscribed before me, this 1st 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.

4288 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ELBERT COUNTY- CLERK OF SUPERIOR COURT; JUDGE OF PROBATE COURT; COMPENSATION.
No. 753 (House Bill No. 1682).
AN ACT
To amend an Act placing the clerk of the Superior Court and judge of the Probate Court of Elbert County upon an annual salary, approved March 10, 1959 (Ga. L. 1959, p. 2624), as amended, particularly by an Act approved March 26, 1980 (Ga. L. 1980, p. 4201 ), so as to change the provisions relating to the salaries of such officers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act placing the clerk of the Superior Court and judge of the Probate Court of Elbert County upon an annual salary, approved March 10, 1959 (Ga. L. 1959, p. 2624), as amended, particularly by an Act approved March 26, 1980 (Ga. L. 1980, p. 4201), is amended by adding at the end of Section 1 thereof the following:
'(c) The clerk of the Superior Court of Elbert County serving in such office on January 1, 2004, shall continue to receive that person's salary pursuant to subsection (a) of this section as long as such person holds such office. All future successors to such person in that office, however, shall receive only that compensation established for such office by general law and not that established by subsection (a) of this section:
SECTION 2. Said Act is further amended by adding at the end of Section 2 thereof the following:
'(c) The judge of the Probate Court of Elbert County serving in such office on January 1, 2004, shall continue to receive that person's salary pursuant to subsections (a) and (b) of this section as long as such person holds such office. All future successors to such person in that office, however, shall receive only that compensation established for such office by general law and not that established by subsections (a) and (b) of this section:
SECTION3. 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

GEORGIA LAWS 2004 SESSION
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

4289

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 placing the clerk of the Superior Court and judge of the Probate Court of Elbert County upon an annual salary, approved March 10, 1959 (Ga. L. 1959, p. 2624), as amended, particularly
by an Act approved March 26, 1980 (Ga. L. 1980, p. 420 l ); 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 25, 2004, and that the notice requirements of Code Section 28-l-14 have been met.
s/ TOM MCCALL Tom McCall Representative, District 78
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 17, 2004.

4290 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ELBERT COUNTY- SHERIFF; COMPENSATION.
No. 754 (House Bill No. 1683).
AN ACT
To amend an Act regarding the compensation of the sheriff of Elbert County, approved March 28, 1961 (Ga. L. 1961, p. 2778), as amended, particularly by an Act approved March27, 1972 (Ga. L. 1972, p. 2477), so as to change the provisions relating to the salary of such officer; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act regarding the compensation of the sheriff of Elbert County, approved March 28, 1961 (Ga. L. 1961, p. 2778), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2477), is amended by striking the second sentence of Section I, which reads as follows:
dThe sheriff shall be compensated in the amount of$10,000.00 per annum, to be paid in equal monthly installments at the end of each calendar month from the funds of Elbert County:, and inserting in its place the following: "The sheriff of Elbert County shall receive an annual salary which shall be equal to the minimum annual salary for sheriffs of such county established pursuant to generallaw.d
SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
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 regarding the compensation of the sheriff of Elbert County, approved March 28, 1961 (Ga. L. 1961, p. 2778), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2477); and for other purposes.

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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 25, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TOM MCCALL Tom McCall Representative, District 78

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

sl DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.

PERRY-HOUSTON COUNTY AIRPORT AUTHORITY- MEMBERSHIP.
No. 755 (House Bill No. 1684).
AN ACT
To amend an Act relating to the Perry-Houston County Airport Authority, approved March 30, 1971 (Ga. L. 1971, p. 2589), as amended, particularly by an Act approvedMarch24, 1994 (Ga. L. 1994, p. 3885), so as to change certain provisions relating to the membership of the authority; 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 relating to the Perry-Houston County Airport Authority, approved March 30, 1971 (Ga. L. 1971, p. 2589), as amended, particularly by an Act approvedMarch24, 1994 (Ga. L. 1994, p. 3885), is amended by striking the second sentence of Section 3 which reads as follows:

4292 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
'Two of the members shall consist of the mayor of the City of Perry or a member of the Perry City Council designated by the mayor and the chairman of the Houston County Commissioners or a member of the Houston County Commissioners designated by the chairman and their terms on the authority shall coincide with the terms of the respective elective positions of the mayor and chairman. and inserting in its place a new second sentence to read as follows: Two of the members shall consist of the mayor of the City of Perry or the mayor s designee and the chairman ofthe Houston County Commissioners or the chairman's designee and their terms on the authority shall coincide with the terms of the respective elective positions of the mayor and chairman." so that when so amended said Section 3 shall read as follows:
'SECTION 3. Membership.
The Perry-Houston County Airport Authority shall be composed of seven members. Two of the members shall consist of the mayor of the City of Perry or the mayor's designee and the chairman of the Houston County Commissioners or the chairman's designee and their terms on the authority shall coincide with the terms of the respective elective positions of the mayor and chairman. The five remaining members shall be appointed by the Perry City Council and the Houston County Commissioners as hereinafter set out. Within 30 days after the effective date of this section, it shall be the duty of said governing authorities to appoint five members. The City of Perry will appoint three members, two appointed for a term ending December 31, 1995, and one for a term ending December 31, 1996. The Houston County Commissioners shall appoint two members, one appointed for a term ending December 31, 1995, and one appointed for a term ending December 31, 1996. At the first meeting of the governing authorities in 1996, the City of Perry shall appoint one member for a term ending December 31, 1997, and the Houston County Commissioners shall appoint two members whose terms shall expire December 31, 1997. All subsequent terms will be for two years and both governing authorities shall appoint one member every odd-numbered year beginning in 1997. The governing authority of the City of Perry will appoint two members every other even-numbered year beginning in 1998 and one member every other even-numbered year beginning in 2000. The Houston County Commissioners shall appoint one member every other even-numbered year beginning in 1998 and two members every other even-numbered year beginning in 2000. All members appointed by each governing authority shall be residents ofHouston County with the same residential qualifications as are required for a person to vote in Houston County. In addition to the regular members of the authority, the members of the authority may elect ex officio members to serve in an advisory capacity if in the opinion of the authority such would be beneficial to the authority and provided

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said ex officio members are approved by the governing authorities of the City of perry and Houston County. Ex officio members shall have all rights, privileges, and amenities of regular members but shall not have voting power or authority to execute official documents of the authority by virtue of serving in this capacity.'
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 relating to the Perry-Houston County Airport Authority, approved March 30, 1971 (Ga. L. 1971, p. 2589), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3885), so as to change certain provisions relating to the membership of the authority; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker, who on oath deposes and says that he is the Representative from District 115 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ ofHouston County on February 26, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LARRY WALKER Larry Walker Representative, District 115
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)

4294 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved May 17, 2004.
CITY OF LAVONIA- CORPORATE LIMITS.
No. 756 (House Bill No. 1688).
AN ACT
To amend an Act providing a new charter for the City of Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended by an Act approved May 30, 2003 (Ga. L. 2003, p. 3908), so as to change and extend the corporate limits ofsaid 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 Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended byanActapprovedMay30, 2003 (Ga. L. 2003, p. 3908), is amended by striking subsection (a) of Section 1.11 and inserting in its place the following:
"(a) The boundaries of this city shall be as described in: (1) An Act approved June 4, 1964 (Ga. L. 1964, Ex. Sess., p. 2008); (2) An Act approved April16, 1999 (Ga. L. 1999, p. 4553); (3) Any annexation action taken by the city pursuant to general law and shown as part of the corporate limits on the official map of the corporate limits of the City of Lavonia dated February 15, 2003, which map is retained in the office of the mayor of the city, with such alterations as may be made from time to time in the manner provided by law; and (4) In addition to the present territory included within the corporate limits of the city, the corporate limits shall specifically include the following described road and right of way, all of which are located in Franklin County, Georgia: 'All that tract or parcel of land lying and being in the 206 District G.M. of Franklin County, Georgia and consisting of the right of way of Georgia Highway 17 extending from the present corporate limits of Lavonia in a southerly direction to its intersection with Lankford Road.' All references to roads, highways, and public rights of way in this subsection shall specifically include the current width ofsaid public road, street, highway, drive, circle, or other rights of way and specifically include the entire right of way.
The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof to be retained permanently in the office of the mayor and to be designated, as the case may be: 'Official Map of the corporate limits of the City of Lavonia, Georgia.' Photographic, typed, or other

GEORGIA LAWS 2004 SESSION

4295

copies of such map or description certified by the city manager shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.'

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2004 Session of the General Assembly of the State of Georgia a bill regarding the corporate limits of the City of Lavonia to amend an act providing a new charter for the City of Lavonia approved May 13,2002 (Ga. L. 2002, p. 5908) as amended (Ga. L. 2003, p. 3908) to extend and change the boundaries of the City of Lavonia, Georgia, by annexation of a certain public road and right of way; to repeal conflicting provisions; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan Powell, who on oath deposes and says that he is the Representative from District 23 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County on February 12, 2004, and that the notice requirements of Code Section 28-l-14 have been met.
sf ALAN POWELL Alan Powell Representative, District 23
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.

4296 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PICKENS COUNTY- MAGISTRATE COURT; COUNTY LAW LIBRARY FEES.
No. 757 (House Bill No. 1693).
AN ACT
To provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Pickens County; to provide for the amount of such 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-l 0-86 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 Pickens 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.
SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 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 of Pickens County; 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

GEORGIA LAWS 2004 SESSION

4297

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 May 17, 2004.

GILMER COUNTY- MAGISTRATE COURT; COUNTY LAW LIBRARY FEES.
No. 758 (House Bill No. 1695).
AN ACT
To provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Gilmer 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 Gilmer 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.

4298 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
SECTION3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF MENTION 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 ofGilmer County, and for other purposes.
This 20 day of February, 2004
Representative, 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 Times-Courier which is the official organ of Gilmer 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.
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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4299

BIBB COUNTY- BOARD OF EDUCATION; SCHOOL TAXES; REFERENDUM.

No. 759 (House Bill No. 1700).

AN ACT

To amend an Act establishing the Board of Public Education and Orphanage for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, particularly by an Act approved April 2, 1992 (Ga. L. 1992, p. 5264), so as to change provisions relating to the certification and levy of the school tax; to delete a provision which requires the board of education to furnish a copy of the final school budget to the board of county commissioners for its review and approval; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act establishing the Board ofPublic Education and Orphanage for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, particularly by an Act approved April 2, 1992 (Ga. L. 1992, p. 5264), is amended by striking Section 3 of said Act and inserting in lieu thereof the following:

'SECTION 3. (a) The board shall be entitled to and shall receive for the purposes of this Act the pro rata share for Bibb County of all taxes now paid to the state and set apart for educational purposes and all appropriations for such purposes and the pro rata share for Bibb County of all endowments, devises, gifts, and bequests made, or hereafter to be made, to the state or State Board of Education and of any and all educational incomes and funds not belonging to and due to the board of regents now in the treasury of the state or hereafter to be deposited. (b) The board ofeducation shall annually certify to the Board ofCommissioners of Bibb County a school tax for the support and maintenance of education in Bibb County. The board of commissioners shall annually levy said tax upon the assessed value of all taxable property within Bibb County and collect the same like other taxes of the county. The levy made by the board of education and certified to the board ofcommissioners shall not exceed 22 mills per dollar unless such mill limitation shall be increased or removed in the manner provided by law:

SECTION 2. Said Act is further amended by striking Section 3A in its entirety and inserting in lieu thereof the following:

4300 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Reserved.'

'SECTION 3A.

SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bibb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the voters of Bibb County for approval or rejection. The election superintendent shall conduct that election on the date ofthe November, 2004, general election and shall issue the call and conduct the election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ ofBibb County. The ballot shall have printed thereon the words:
"YES ( ) Shall the Act be approved which changes the provisions of law relating to the certification and levy of the school tax by the Bibb
NO ( ) County Board of Education?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on the first day of January immediately following that election date. If the Act is not so approved or if the election is not conducted as provided in this section, the Act shall not become effective and shall be automatically repealed on the first day of January immediately following that election date.

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

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

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION- Pursuant to the provision ofO.C.G.A. & curren; 28-1-14, notice is hereby given that application will be made to the 2004 session of the General Assembly of Georgia to amend an Act establishing the Board of Public Education for Bibb County (the "Board of Education"), approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, particularly by an Act approved April2, 1992 (II Ga. L. 1992, p. 5264), and an Act approved June 3, 2003 (II Ga. L. 2003, p. 4380) (The "Act") so as to: (l) amend Sections 2A and 2B ofthe Act by eliminating the reference to Posts 9 and 10 which were formerly held by a councilman or the Mayor of the City of Macon and a Bibb County Commissioner, (2) to delete Section 2G of the Act which identities

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4301

members occupying positions on the board of education as of October I, 1971, (3) amend Section 3 of the Act to provide that the Board of Education shall annually certify to the Board ofCommissioners of Bibb County a school tax for the support and maintenance ofpublic education in Bibb County and that the Board of Commissioners shall annually levy such tax upon the assessed value of all property
within Bibb County which is taxable for school purposes; (4) to delete Section 3A
of the Act which provides for furnishing a copy of the final school district budget to the Board of Commissioners; (5) to amend Section 5 of the Acts to provide for the compensation and reimbursement of expenses for the members of the board; and (6) for other purposes.

GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Lucas, who on oath deposes and says that he is the Representative from District I 05 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 LUCAS David Lucas Representative, District I 05

Sworn to and subscribed before me, this 2nd 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.

4302 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF LYERLY- HOMESTEAD EXEMPTION; SENIOR CITIZENS; CITY TAXES; REFERENDUM.
No. 760 (House Bill No. 1705).
AN ACT
To provide for a homestead exemption from City of Lyerly ad valorem taxes for municipal purposes in the amount of $4,000.00 of the assessed value of the homestead for residents of that city who are 65 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 Lyerly, 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 65 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 Lyerly who is a senior citizen is granted an exemption on that person's homestead from City of Lyerly ad valorem taxes for municipal purposes in the amount of $4,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (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 Lyerly, 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 of Lyerly, 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 Lyerly, 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

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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 Lyerly, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taXable years beginning on or after January l, 2005.

SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Lyerly 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 Lyerly for approval or rejection. The municipal election superintendent shall conduct that election on the date of the state-wide general November election in 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 of Chattooga 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 Lyerly ad valorem taxes for municipal purposes in the
NO ( ) amount of $4,000.00 of the assessed value of the homestead for residents of that city who are 65 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 I of this Act shall become of full force and effect on 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 the City of Lyerly. It shall be the municipal election superintendent" s duty to certify the result thereof to the Secretary of State.

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

4304 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Lyerly ad valorem taxes for municipal purposes in the amount of$4,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal and for other purposes.
This 24th day of February, 2004
Barbara Massey Reece Representative Barbara Massey Reece 11th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barbara Massey Reece, who on oath deposes and says that she is the Representative from District 11 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ ofChattooga County on February 26, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
sf BARBARA MASSEY REECE Barbara Massey Reece Representative, District 11
Sworn to and subscribed before me, this 3rd 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.

GEORGIA LAWS 2004 SESSION

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BARROW COUNTY- BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 761 (HouseBil!No.l716).

AN ACT

To create a board of elections and registration for Barrow 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 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 supervisor, and compensation; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created, effective January 1, 2005, the Board of Elections and Registration of Barrow County, hereinafter referred to as "the board." The board shall have the powers and duties of the former Superintendent of Elections of Barrow County relating to the conduct of primaries and elections and shall have the powers and duties of the former Board of Registrars of Barrow County relating to the registration of voters and absentee balloting procedures.

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

SECTION3. 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. 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

4306 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
members of the board shall be appointed by the political party which received the second highest number ofvotes within the county for its candidate for Governor in the general election immediately preceding the appointment ofsuch member. Each ofthe members appointed by political parties shall be nominated by the chairperson and ratified by the county executive committee of the respective political party at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office. 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 ofsuch political party. One member shall be appointed by the chiefjudge of the Superior Court of Barrow County. The chiefjudge of the Superior Court ofBarrow County shall appoint one of the members of the board to serve as chairperson. In making the initial appointments to the board, the members shall be selected at least 30 days prior to January 1, 2005. Initial members and their successors shall be appointed for terms of four years and until their successors are duly appointed and qualified. The term of each initial member shall commence on January 1, 2005.
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.
SECTION 5. The chief judge of the Superior Court of Barrow County shall certify the appointment of each member by filing an affidavit with the clerk of the superior court no later than 15 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.
SECTION6. Each member of the 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.

GEORGIA LAWS 2004 SESSION

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SECTION 7. In the event a vacancy occurs in the office of any appointed member before the expiration of his or her term, by removal, death, resignation, or otherwise, the original appointing body shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. The clerk of the superior court 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, and otherwise take such action as is appropriate to the management ofthe affairs committed to its supervision; provided, however, that no such action shall conflict with the laws of this state. 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 ofpoll 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 two members. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for tbe public to review.

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

SECTION 11. Compensation for the members of the board, clerical assistants, and other employees of the board shall be fixed by the Board of Commissioners of Barrow County. Such compensation shall be paid wholly from county funds.

SECTION 12. The supervisor of elections and registration for Barrow County shall not be a member of the board. The supervisor shall be appointed and removed by the governing authority of Barrow County in the same manner as department heads.

4308 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The supervisor shall provide daily employee supervision, serve as staffsupport for the board, attend all meetings of the board, carry out the duties ofvoter registration and elections as required by law, and be a full-time employee of Barrow County.
SECTION 13. The Board of Commissioners of Barrow 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 ofBarrow County deems appropriate.
SECTION 14. This Act shall become effective January I, 2005, except that for purposes of making initial appointments to the board only, Sections 3 and 5 shall become effective December 1, 2004. On January I, 2005, the Superintendent ofElections of Barrow County and the Board of Registrars of Barrow 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 of Georgia a bill to create a board of elections and registration for Barrow County and to provide for its powers and duties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
This 23 day of February, 2004
Representative Warren Massey 24th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Warren Massey, who on oath deposes and says that he is the Representative from District 24 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the BarroW County News which is the official organ of Barrow County on February 25, 2004, and that the notice requirements of Code Section 28-l-14 have been met.

GEORGIA LAWS 2004 SESSION
sf WARREN MASSEY Warren Massey Representative, District 24
sworn to and subscribed before me, this 1st 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.

4309

EFFINGHAM FAMILY CONNECTION COMMISSION- COMPOSITION.
No. 762 (House Bill No. 1718).
AN ACT
To amend an Act creating the Effingham Family Connection Commission, approved April 9, 1999 (Ga. L. 1999, p. 3922), as amended, so as to change the composition of members; to change the composition of officers; 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 Effingham Family Connection Commission, approved April9, 1999 (Ga. L. 1999, p. 3922), as amended, is amended by striking Sections 1 and 2 and inserting in lieu thereof the following:
"SECTION 1. (a) There is created the Effingham County Family Connection Commission. (b) The commission shall be composed of 15 members as follows:
( l) One member of the Effingham County board of commissioners appointed by the board of commissioners for a term of two years; (2) One member appointed by the Effingham County Board of Education for a term of two years; and (3) The remaining board members shall be appointed at large by the Effingham County board of commissioners.

4310 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Members ofthe commission shall receive no compensation for serving on the commission, but upon the prior approval of the commission members may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties.
SECTION 2. (a) The chairperson of the Board of Commissioners of Effingham County shall call an organizational meeting of the commission after all appointments to the commission have been made. At the organizational meeting, the commission shall elect from among its membership a chairperson, a vice chairperson, a secretary, and a treasurer. Except as otherwise provided in this Act, the terms of office of such officers and other matters relating to the organization and rules of procedure of the commission shall be as determined by the commission. (b) Seven members of the commission plus one shall constitute a quorum. All business of the commission shall be transacted by a majority vote of those present. An abstention from voting shall be considered a negative vote on the matter in question. (c) In the absence of the chairperson, the vice chairperson may call a meeting of the commission and shall preside over said meetings. In the absence of the chairperson and the vice chairperson, the secretary or treasurer may call meetings and shall preside over said meetings. (d) The commission shall prepare and submit to the appointing authorities an annual report at the end of each fiscal year of the commission outlining the work of the commission and the results achieved; an annual report of the state of the children, youth, and families of the county; and an independent audit of the income and expenditures for the preceding fiscal year.
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 resolution to amend HB 771 which created the Effingham Family Connection Commission:
To amend Section 1: The composition of the Board Members
To amend Section II: The composition of the Board Officers, Secretary and Treasurer

GEORGIA LAWS 2004 SESSION

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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 of Effingham County on February 10, 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 2nd 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.

GLASCOCK COUNTY- BOARD OF EDUCATION; DISTRICTS.
No. 763 (House Bill No. 1719).
AN ACT
To amend an Act entitled "An Act to reconstitute the Board of Education of Glascock County," approved Aprill, 1996 (Ga. L. 1996, p. 3725), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4312 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. An Act entitled "An Act to reconstitute the Board of Education of Glascock County," approved Aprill, 1996 (Ga. L. 1996, p. 3725), is amended by striking subsection (b) of Section 2 and inserting in lieu thereof the following:
'(b) For the purpose ofelecting members ofthe board ofeducation, the Glascock County School District shall be divided into five education districts which shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: glassb3 Plan Type: Local User: staff Administrator: Glascock Co. Education District 5 shall. include all of the territory in the Glascock County School District. (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 Glascock 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 Glascock 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 of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (d) 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 of education who were elected at the general election in November, 2000, shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. (e) Successors to the members of the board of education of Glascock County from Education Districts 1, 2, 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. (f) Successors to the members of the board of education of Glascock County from Education Districts 3 and 4 shall be elected at the state-wide general

GEORGIA LAWS 2004 SESSION

4313

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. (g) Successors to members elected under subsections (e) and (f) of this section shall be elected at the state-wide general election next preceding the expiration ofsuch terms ofoffice and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (h) 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 of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section."

SECTION2. The Board of Education of Glascock 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.

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

Plan Name: glassb3 Plan Type: Local User: staff Administrator: Glascock Co.

Redistricting Plan Components Report

District 00 1 Glascock County
Tract: 9901 BG: 1 1013 1014 1015 1030 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1106 1107 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2013 2014 2015 2016 2017 2018 20 19 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2049 2050 2998 2999

District 002 Glascock County
Tract: 9901 BG: 1

4314 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 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 108810891110111111121113 111411151116111711221123 11241125112619951996199719981999
District 003 Glascock County
Tract: 9901 BG:2 2010 2011 2012 2051 2052 2053 2054 2055 2068 2069 2070 2071 2072 2073 2074 2075 2996 2997 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 3036 3037 3038 3039 3046 3047 3048 3049 3050 3051 3052 3053 3054 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 309630973098309931003996399739983999
District 004 Glascock County
Tract: 9901 BG: I I090 1105 1108 1109 1118 1119 1120 1121 BG: 2 203020312032203320342035203620372038203920402041 2042 2043 2044 2045 2046 2047 2048 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2076 2077 2078 2079 2080 2081 2082 2083 2995 BG: 3 3040 3041 3042 3043 3044 3045 3055 3056 3057 3058 3059 3060 306130623063306430653066306730683069307030713072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3101 3994 3995
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 entitled "An Act to

GEORGIA LAWS 2004 SESSION

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reconstitute the Board ofEducation of Glascock County," approved April1, 1996 (Ga. L. 1996, p. 3725); and for other purposes.

This 23rd day of February, 2004.

Honorable Sistie Hudson 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 oflntention to Introduce Local Legislation was published in the News and Farmer/Jefferson Reporter which is the official organ of Glascock County on February 26, 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 4th 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 THUNDERBOLT- HOMESTEAD EXEMPTION; BASE YEAR; CITY TAXES; UNREMARRIED SURVIVING SPOUSE; REFERENDUM.
No. 764 (House Bill No. 1724).
AN ACT
To amend an Act providing for a base year assessed value homestead exemption from City of Thunderbolt ad valorem taxes for municipal purposes, approved

4316 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Aprill2, 1999 (Ga. L. 1999, p. 4219), as amended, 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 City of Thunderbolt ad valorem taxes for municipal purposes, approved Aprill2, 1999 (Ga. L. 1999, p. 4219), as amended, is amended in Section 1 by adding a new subsection immediately following subsection (b), to be designated subsection (b.l ), to read as follows:
n(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.#
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent ofthe City ofThunderbolt 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 Thunderbolt for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2004, general election and shall issue the call and conduct that election as provided by general law. The 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 Chatham County. The ballot shall have written or printed thereon the words:

GEORGIA LAWS 2004 SESSION

4317

"YES ( ) Shall the Act be approved which allows the base year assessed value homestead exemption from City ofThunderbolt ad valorem taxes for
NO ( ) municipal 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 ofsuch election shall be borne by the City ofThunderbolt. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts 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 a Act providing for a base year assessed value homestead exemption from City of Thunderbolt ad valorem taxes for municipal purposes, approved April 12, 1999 (Ga. L. 1999, p. 4219), as amended; and for other purposes.
This 29th day of January, 2004
Representative Ron Stephens 123rd District
Representative Burke Day I26th District

4318 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 ofChatham County on January 31, 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 6th 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 VERNONBURG- HOMESTEAD EXEMPTION; BASE YEAR; CITY TAXES; UNREMARRIED SURVIVING SPOUSE;
REFERENDUM.
No. 765 (House Bill No. 1725).
AN ACT
To amend an Act providing for a base year assessed value homestead exemption from the City of Vemonburg ad valorem taxes for municipal purposes, approved April12, 1999 (Ga. L. 1999, p. 4207), as amended, 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:

GEORGIA LAWS 2004 SESSION

4319

SECTION 1. An Act providing for a base year assessed value homestead exemption from the City ofVemonburg ad valorem taxes for municipal purposes, approved Aprill2, 1999 (Ga. L. 1999, p. 4207), as amended, is amended in Section 1 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:

SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City ofVemonburg 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 Vemonburg for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2004, general election and shall issue the call and conduct that election as provided by general law. The 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 Chatham 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 the City ofVemonburg ad valorem taxes
NO ( ) for municipal 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 ftrst day of January immediately following that election date. The expense

4320 LOCAL AND SPECIAL ACTS AND RESOLUTIONSl VOL. II
of such election shall be borne by the City ofVernonburg. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act providing for a base year assessed value homestead exemption from City ofVernonburg ad valorem taxes for municipal purposes, approved April12, 1999 (Ga. L. 1999, p. 4207), as amended and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burke Day, who on oath deposes and says that he is the Representative from District 126 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 February 7, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BURKE DAY Burke Day Representative, District 126
Sworn to and subscribed before me, this 9th 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.

GEORGIA LAWS 2004 SESSION

4321

CITY OF TYBEE ISLAND- HOMESTEAD EXEMPTION; BASE YEAR; CITY TAXES; UNREMARRIED SURVIVING SPOUSE;
REFERENDUM.
No. 766 (House Bill No. 1726).
AN ACT

To amend an Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, approved April12, 1999 (Ga. L. 1999, p. 4194), as amended, 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 City ofTybee Island ad valorem taxes for municipal purposes, approved Aprill2, 1999 (Ga. L. 1999, p. 4194), as amended, 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.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.

SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent ofthe City ofTybee Island 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 Tybee Island for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November,

4322 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Chatham 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 City of Tybee Island ad valorem taxes
NO ( ) for municipal 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 the City of Tybee Island. It shall be the municipal election superintendent" s duty to certify the result thereofto the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is 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 City of Tybee Island ad valorem taxes for municipal purposes, approved April 12, 1999 (Ga. L. 1999, p. 4194), as amended and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burke Day, who on oath deposes and says that he is the Representative from District 126 and further deposes and says that the attached

GEORGIA LAWS 2004 SESSION

4323

Notice oflntention to Introduce Local Legislation was published in the Savannah Moming News which is the official organ ofChatham County on February 7, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/BURKEDAY Burke Day Representative, District 126

Swom to and subscribed before me, this 9th 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 PORT WENTWORTH- HOMESTEAD EXEMPTION; BASE YEAR; CITY TAXES; UNREMARRIED SURVIVING SPOUSE; REFERENDUM.
No. 767 (House Bill No. 1727).
AN ACT
To amend an Act providing for a base year assessed value homestead exemption from City of Port Wentworth ad valorem taxes for municipal purposes, approved Aprill2, 1999 (Ga. L. 1999, p. 4198), as amended, 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 l. An Act providing for a base year assessed value homestead exemption from City of Port Wentworth ad valorem taxes for municipal purposes, approved April 12, 1999 (Ga. L. 1999, p. 4198), as amended, is amended in Section 1 by adding a new

4324 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
subsection immediately following subsection (b), to be designated subsection (b.!), to read as follows:
"(b.l)(l) 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:
SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Port Wentworth 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 Port Wentworth for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2004, general election and shall issue the call and conduct that election as provided by general law. The 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 Chatham 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 City of Port Wentworth ad valorem
NO ( ) taxes for municipal 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 I 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 the City of Port Wentworth. It shall be the municipal election superintendent's duty to certify the result thereofto the Secretary of State.

GEORGIA LAWS 2004 SESSION

4325

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 a Act providing for a base year assessed value homestead exemption from City of Port Wentworth ad valorem mxes for municipal purposes, approved April 12, 1999 (GA. L. 1999, p. 4198), as amended; and for other purposes.
This 29th day of January, 2004
Ron Stephens Representative 123rd District
Burke Day Representative 126th District
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 January 31, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RON STEPHENS Ron Stephens Representative, District 123

4326 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 6th 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 BLOOMINGDALE- HOMESTEAD EXEMPTION; BASE YEAR; CITY TAXES; uNREMARRIED SURVIVING
SPOUSE; REFERENDUM.
No. 768 (House Bill No. 1728).
AN ACT
To amend an Act providing for a base year assessed value homestead exemption from City of Bloomingdale ad valorem taxes for municipal purposes, approved Aprill2, 1999 (Ga. L. 1999, p. 4203), as amended, 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 unremarried surviving spouses; 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 City ofBioomingdale ad valorem taxes for municipal purposes, approved Aprill2, 1999 (Ga. L. 1999, p. 4203), as amended, is amended in Section 1 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.

GEORGIA LAWS 2004 SESSION

4327

(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 borne as a residence and homestead."

SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Bloomingdale 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 Bloomingdale for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2004, general election and shall issue the call and conduct that election
as provided by general law. The 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 Chatham 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 City of Bloomingdale ad valorem taxes
NO ( ) for municipal 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 unremarried surviving spouses?"
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 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 Bloomingdale. It shall be the municipal election superintendent's duty to certify the result thereofto the Secretary of State.

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

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

4328 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 amend a Act providing for a base year assessed value homestead exemption from City of Bloomingdale ad valorem taxes for municipal purposes, approved April 12, 1999 (GA. L. 1999, P. 4203), as amended; and for other purposes.
This 29th day of January, 2004
Ron Stephens Representative 123rd District
Burke Day Representative 126th District
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 ofChatham County on January 31, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
sl RON STEPHENS Ron Stephens Representative, District 123
Sworn to and subscribed before me, this 6th 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

4329

CITY OF SAVANNAH- HOMESTEAD EXEMPTION; BASE YEAR; CITY TAXES; UNREMARRIED SURVIVING SPOUSE; REFERENDUM.

No. 769 (House Bill No. 1729).

AN ACT

To amend an Act providing for a base year assessed value homestead exemption from City ofSavannah ad valorem taxes for municipal purposes, approved Aprill3, 1999 (Ga. L. 1999, p. 4223), as amended, 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 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 City of Savannah ad valorem taxes for municipal purposes, approved April 13, 1999 (Ga. L. 1999, p. 4223), as amended, is amended in Section 1 by adding a new subsection immediately following subsection (b), to be designated subsection (b.l ), to read as follows:
'(b.1 )( 1) In the case of an umemarried surviving spouse of a deceased spouse who had been granted the exemption provided for in subsection (b) of this section, if such umemarried 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 umemarried surviving spouse shall be the same as the base year of the deceased spouse, so long as that umemarried 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 umemarried surviving spouse continues to occupy the home as a residence and homestead."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Savannah 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 Savannah for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2004,

4330 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Chatham 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 City of Savannah ad valorem taxes for
NO ( ) municipal 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 l 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 Savannah. 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 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 a Act providing for a base year assessed value homestead exemption from City of Savannah ad valorem taxes for municipal purposes, approved Aprill3, 1999 (Ga. L. 1999, p. 4223), as amended; and for other purposes.
This 29th day of January, 2004
Representative Ron Stephens l23rd District

GEORGIA LAWS 2004 SESSION

4331

Representative Burke Day I26th District

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 ofChatham County on January 31, 2004, and that the notice requirements of Code Section 28-l-14 have been met.

s/ RON STEPHENS Ron Stephens Representative, District 123

Sworn to and subscribed before me, this 6th 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.

CITY OF GARDEN CITY- HOMESTEAD EXEMPTION; BASE YEAR; CITY TAXES; UNREMARRIED SURVIVING SPOUSE; REFERENDUM.
No. 770 (House Bill No. 1730).
AN ACT
To amend an Act providing for a base year assessed value homestead exemption from City of Garden City ad valorem taxes for municipal purposes, approved Aprill2, 1999 (Ga. L. 1999, p. 4185), as amended, 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.

4332 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a base year assessed value homestead exemption from City of Garden City ad valorem taxes for municipal purposes, approved April 12, 1999 (Ga. L. 1999, p. 4185), as amended, is amended in Section 1 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:
SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Garden City 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 Garden City for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2004, general election and shall issue the call and conduct that election as provided by general law. The 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 Chatham 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 City ofGarden City ad valorem taxes for
NO ( ) municipal 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 I, 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

4333

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 ofsuch election shall be borne by the City of Garden City. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend a Act providing for a base year assessed value homestead exemption from City of Garden City ad valorem taxes for municipal purposes, approved April 12, 1999 (Ga. L. 1999, p. 4185), as amended; and for other purposes.
This 29th day of January, 2004
Representative Ron Stephens 123rd District
Representative Burke Day I26th District
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 31, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
sf RON STEPHENS Ron Stephens Representative, District 123

4334 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 6th 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.
CHATHAM COUNTY- HOMESTEAD EXEMPTION; BASE YEAR; SCHOOL TAXES; UNREMARRIED SURVIVING SPOUSE; REFERENDUM.
No. 771 (House Bill No. 1731 ).
AN ACT
To amend an Act providing for a base year assessed value homestead exemption from Chatham County and City of Savannah School District ad valorem taxes for educational purposes, approved Aprill2, 1999 (Ga. L. 1999, p. 4215), as amended, 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 Chatham County and City of Savannah School District ad valorem taxes for educational purposes, approvedAprill2, 1999 (Ga. L. 1999, p. 4215), as amended, is amended in Section 1 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.

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(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.'

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Chatham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Chatham County and City of Savannah 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 Chatham 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 Chatham County and City of Savannah
NO ( ) School District ad 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 one-half of the votes cast on such question are for approval of the Act, Section l shall become of full force and effect on January l, 2005, and shall be applicable to all taxable years beginning on or after January l, 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 Chatham 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.

4336 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 amend a Act providing for a base year assessed value homestead exemption from Chatham County and City of Savannah School District ad valorem taxes for educational purposes, approved Aprill2, 1999 (Ga. L. 1999, p. 4215), as amended; and for other purposes.
This 29th day of January, 2004
Representative Ron Stephens 123rd District
Representative Burke Day I26th District
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 31, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
sf RON STEPHENS Ron Stephens Representative, District 123
Sworn to and subscribed before me, this 6th 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.

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CITY OF POOLER- HOMESTEAD EXEMPTION; BASE YEAR; CITY TAXES; UNREMARRIED SURVIVING SPOUSE; REFERENDUM.

No. 772 (House Bill No. 1732).

AN ACT

To amend an Act providing for a base year assessed value homestead exemption from City of Pooler ad valorem taxes for municipal purposes, approved Aprill2, 1999 (Ga. L. 1999, p. 4190), as amended, 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 l. An Act providing for a base year assessed value homestead exemption from City of Pooler ad valorem taxes for municipal purposes, approved April 12, 1999 (Ga. L. 1999, p. 4190), as amended, is amended in Section I by adding a new subsection immediately following subsection (b), to be designated subsection (b.!), to read as follows:
'(b.l )(I) 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.'

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Pooler 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 Pooler for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2004,

4338 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Chatham 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 City of Pooler ad valorem taxes for
NO ( ) municipal 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 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 the City of Pooler. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend a Act providing for a base year assessed value homestead exemption from City of Pooler ad valorem taxes for municipal purposes, approved Apri112, 1999 (GA. L. 1999, p. 4190), as amended and for other purposes.
This 29th day of January, 2004
Representative Ron Stephens 123rd District

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Representative Burke Day t26th District
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 ofChatham County on January 31, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RON STEPHENS Ron Stephens Representative, District 123

Swom to and subscribed before me, this 6th 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.

CHATHAM COUNTY- HOMESTEAD EXEMPTION; BASE YEAR; COUNTY TAXES; UNREMARRIED SURVIVING SPOUSE; REFERENDUM.
No. 773 (House Bill No. 1733).
AN ACT
To amend an Act providing for a base year assessed value homestead exemption from Chatham County ad valorem taxes for county purposes, approved April 12, 1999 (Ga. L. 1999, p. 4211), as amended, 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.

4340 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. An Act providing for a base year assessed value homestead exemption from Chatham County ad valorem taxes for county purposes, approved April 12, 1999 (Ga. L. 1999, p. 4211), as amended, is amended in Section 1 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."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Chatham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Chatham 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 Chatham 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 Chatham 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 l shall become of full force and effect on January I, 2005, and shall be applicable to all taxable years beginning on or after January l, 2005. If the Act is not so approved or if the election is not conducted as provided in this section, Section l of this Act shall not become effective and this Act shall be automatically repealed

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4341

on the first day of January immediately following that election date. The expense of such election shall be borne by Chatham 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 a Act providing for a base year assessed value homestead exemption from Chatham County ad valorem taxes for county purposes, approved Aprill2, 1999 (GA. L. 1999, Page 4211); and for other purposes.
This 26th day of January, 2004
Ron Stephens Representative 123rd District
Burke Day Representative 126th District
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 ofChatham County on January 31,2004, and that the notice requirements of Code Section 28-l-14 have been met.
sf RON STEPHENS Ron Stephens Representative, District 123

4342 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 6th 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 EAST POINT- CITY OF EAST POINT CHARTER COMMISSION; CREATION.
No. 774 (House Bill No. 1734).
AN ACT
To create the City of East Point Charter Commission; to provide for the membership of the commission and the appointment and qualifications thereof; to provide for the expenses of members; to provide for meetings; to provide for officers; to provide for vacancies; to provide for personnel and assistance for the commission; to provide for the powers and duties of the commission and the City ofEast Point and its elected officials, officers, and employees; to provide that funds necessary for the operation ofthe commission shall come from funds of the City of East Point; to provide for hearings; to provide for the presentation of any recommendations of the commission; to provide for the abolishment of the commission; 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. (a) There is created the City of East Point Charter Commission. The commission shall be composed of nine members as follows:
( 1) One member shall be appointed by each member of the city council of the City of East Point; and (2) One member, who shall be an attorney, shall be appointed by the mayor of the City of East Point. No member of the commission shall be a member of the governing authority or an employee of the City of East Point.
(b) Members of the commission shall be appointed not later than June 1, 2004. All
members shall take office on June 1, 2004. It shall be the duty of the city council,

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by majority vote, to designate a member of the commission to serve as chairperson of the commission. The commission shall meet upon call of the chairperson. The commission shall elect from among the membership of the commission such other officers as the commission deems advisable. A majority of the commission shall constitute a quorum for the transaction of business. Any vacancy on the commission shall be filled in the same manner as the original appointment of the member whose position is vacant. (c) The commission is authorized to adopt such bylaws and rules and regulations governing its operation and may appoint such subcommittees as it deems necessary and appropriate. (d) The members ofthe commission shall receive no compensation for their service on the commission but shall be reimbursed from funds of the city for all actual, reasonable, and necessary expenses incurred in the performance of their duties. (e) It shall be the duty of the City of East Point to furnish or provide clerical assistance, printing services or costs, meeting space, and other services as necessary to enable the commission to complete its duties. It is declared that the expenditures of such funds is for a public purpose and for a necessary governmental function. (f) It shall be the duty of the City of East Point and of each elected officer, official, and employee of the city to furnish the commission with such information and assistance as the commission shall request.

SECTION2. It shall be the duty of the commission to undertake a thorough study of the governmental structure and operations of the City of East Point. The commission is authorized to undertake a study ofthe existing city charter and ordinances and to recommend revisions thereto or a complete replacement thereofas the commission shall deem appropriate and necessary for the improvement of the government ofthe city. The committee is authorized to conduct public hearings concerning any proposals by the public, recommendations by experts on city government, and recommendations by the commission. The commission shall make a report of its findings and recommendations, including drafts of any proposals to amend the existing city charter or ordinances of the city or to adopt a new charter as the commission deems appropriate. Such report shall be submitted to the mayor and city council of the city and to each member of the General Assembly of Georgia representing any portion ofFulton County or any portion of the City of East Point. Such report shall be submitted by October 1, 2004, and the commission shall stand abolished on such date.

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

4344 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

PUBLIC NOTICE

Notice is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to create the City of East Point Charter Commission and provide for its membership, powers, duties, officers, expenses, and operations; to provide for the powers and duties of the City of East Point and the officers, officials, and employees thereof in relation to the work of the commission; to provide for reports; and for other purposes.

This 24th day of February, 2004.

Brenda B. James City Clerk

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Heckstall, who on oath deposes and says that he is the Representative from District 48, Post 3 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 27,2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOE HECKSTALL Joe Heckstall Representative, District 48, Post 3

Sworn to and subscribed before me, this 3rd 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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FULTON COUNTY- LIBRARY SYSTEM; NAME; MEMBERSHIP; VACANCIES; EXECUTIVE DIRECTOR.

No. 775 (Senate Bill No. 231 ).

AN ACT

To amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4084), an Act approved April 1, 1996 (Ga. L. 1996, p. 3859), and an Act approved April4, 1997 (Ga. L. 1997, p. 3635), so as to specify a name for the county-wide library system; to change membership, the number of members, and the selection of members of the library board oftrustees; to provide for vacancies and related matters; to provide for the selection of the executive director of the library system and to whom the executive director shall report; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for the establishment of a county-wide library system in Fulton County, approved April12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved AprilS, 1995 (Ga. L. 1995, p. 4084), an Act approved April 1, 1996 (Ga. L. 1996, p. 3859), and an Act approved Apri14, 1997 (Ga. L. 1997, p. 3635), is amended by striking Section 4 and inserting in lieu thereof a new Section 4 to read as follows:

"SECTION 4. (a) The county-wide library system shall be named the Atlanta-Fulton County Library System. Responsibility for constructing, operating, and maintaining all library facilities and services within the above named portions of Fulton County shall hereinafter be vested in the county-wide library system which shall be administered by the library board of trustees.
(b)(l) The term of office of each member of the library board of trustees serving as such trustee on June 30, 2004, shall expire upon July 1, 2004. On and after July 1, 2004, the library board of trustees shall consist of 11 members as provided in this section. (2) The mayor of the City of Atlanta or his or her designee shall serve on the library board of trustees ex officio. The chairperson of the Fulton County board of commissioners or his or her designee shall serve on the board of trustees ex officio. (3) There shall be seven Fulton County appointed members, with one such member appointed by each member of the Fulton County board of

4346 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
commissioners. Each member of the board oftrustees appointed by a member of the board of commissioners shall serve at the pleasure of the appointing member ofthe board of commissioners. Each member of the board of trustees appointed by a member of the board of commissioners shall reside within the same commissioner district as the appointing member of such board of commissioners and shall continue to reside in such district during his or her service on the board of trustees or that office shall become vacant. A member of the board of trustees appointed by an at-large member of the board of commissioners may reside anywhere in Fulton County and shall continue to reside in Fulton County during his or her service on the board of trustees or that office shall become vacant. (4) There shall be two City of Atlanta appointed members. At least one of the two City ofAtlanta appointed members shall be a resident ofthat portion ofthe City of Atlanta which is located within DeKalb County. These two members shall be selected from a list of no more than three candidates provided by the three council members who are elected at large. Such list of candidates shall be agreed to by said three council members and presented to the mayor for his or her selection and nomination to the city council of two library board members. In the event that a list is not received within 60 days of the mayor's request, the mayor shall proceed to nominate for the library board members' positions. Said nominations shall be confirmed by majority vote of council members present and voting on these nominations. The City of Atlanta appointed board members shall serve for terms of two years commencing July I of each odd-numbered year. (c) Except with respect to the ex officio members, no person other than a person appointed pursuant to paragraph (4) of subsection (b) of this section may be appointed or serve as a member of the library board of trustees who holds any elective office. (d) Any vacancy on the library board of trustees shall be filled in the same manner as the initial appointment. (e) Members of the library board of trustees shall be removed for cause or for failure to attend three consecutive meetings pursuant to the bylaws of the library board of trustees. (f) Members of the library board of trustees may receive a per diem allowance for each meeting ofthe board oftrustees which they attend. Such allowance shall be in such amount as may be fixed from time to time by the Board of Commissioners of Fulton County. (g) There shall be an executive director of the library system who shall be hired by and serve at the pleasure of the Fulton County manager and shall report directly to the county manager for purposes ofjob performance, evaluation, and budgeting."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend an Act providing for the establishment ofa county-wide library system in Fulton County, approved Aprill2, 1982 (Ga. L.l982, p. 4174), as amended, particularly by an Act approved AprilS, 199S (Ga. L. 199S, p. 4084), an Act approved April!, 1996 (Ga. L. 1996, p. 38S9); and an Act approved April4, 1997 (Ga. L. 1997, P. 363S); and for other purposes.
This 24th day of February 03.
Senator Thomas E. Price 56th District
A BILL TO BE ENTITLED AN ACT
Act approved AprilS, 199S (Ga. L. 199S, p. 4084), an Act approved April!, 1996 (Ga. L. 1996, p. 38S9), and an Act approved April4, 1997 (Ga. L. 1997, p. 363S), so as to specify a name for the county-wide library system; to change membership, the number of members, and the selection of members of the library board of trustees; to provide for vacancies and related matters; to provide for the selection of the executive director ofthe library system and to whom the executive director shall report; to provide an effective date; to repeal conflicting laws; and for other purposed.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act providing for the establishment of a county-wide library system in Fulton County, approved Aprill2, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved AprilS, 199S (Ga. L. 199S, p. 4084), an Act approved April!, 1996 (Ga. L. 1996, p. 38S9), and an Act approved April 4, 1997 (Ga. L. 1997, p. 363S), is amended by striking Section 4 and inserting in lieu thereof a new Section 4 to read as follows:

4348 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.
(a) The county-wide library system shall be named the Fulton County Library System. Responsibility for constructing, operating, and maintaining all library facilities and services within the above named portions of Fulton County shall hereinafter be vested in the county-wide library system which shall be administered by the library board of trustees. (b)( 1) The term of office of each member of the library board oftrustees serving as such trustees on June 30, 2003, shall expire upon July l, 2003. On and after July 1, 2003, the library board of trustees shall consist of nine members as provided in this section. (2) The mayor of the City of Atlanta or his or her designee shall serve on the library board of trustees ex officio. The chairperson of the Fulton County board of commissioners or his or her designee shall serve on the board of trustees ex officio. (3) The board of trustees shall have seven appointed members, with one such member appointed by each member ofthe Fulton County board of commissioners. Each member of the board of trustees appointed by a member of the board of commissioners shall serve at the pleasure of the appointing member of the board of commissioners. Each member of the board oftrustees appointed by a member ofthe board ofcommissioners shall reside within the same commissioner district as the appointing member of such board of commissioners and shall continue to reside in such district during his or her service on the board of trustees or that office shall become vacant. A member of the board of trustees appointed by an at-large member of the board of commissioners may reside anywhere in Fulton County and shall continue to reside in Fulton County during his or her service on the board oftrustees or that office shall become vacant. Except with respect to the ex officio members, no person may be appointed or serve as a member of the library board of trustees who holds any elective office. (c) Any vacancy on the library board of trustees shall be filled in the same manner as the initial appointment. (d) Members of the library board of trustees shall be removed for cause or for failure to attend three consecutive meetings pursuant to the bylaws of the library board of trustees. (e) Members of the library board of trustees may receive a per diem allowance for each meeting of the board of trustees which they attend. Such allowance shall be in such amount as may be fixed from time to time by the Board of Commissioners of Fulton County. (f) There shall be an executive director of the library system who shall be hired by and serve at the pleasure of the Fulton County manager and shall report directly to the county manager for purposes ofjob performance, evaluation, and budgeting.
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3.

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

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas E. Price, who on oath deposes and says that he is the Senator from District 56 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 ofFulton County on February 28, 2003, and that the notice requirements of Code Section 28-1-14 have been met.

s/ THOMAS E. PRICE Thomas E. Price Senator, District 56

Sworn to and subscribed before me, this 3rd day of March, 2003.

sl DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)

Approved May 17, 2004.

CITY OF HARALSON- NEW CHARTER.
No. 776 (Senate Bill No. 388).
AN ACT
To provide a new charter for the City of Haralson; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for
a mayor and mayor pro tempore and certain duties, powers, and other matters
relative thereto; to provide for administrative affairs and responsibilities; to provide

4350 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 1.10. Incorporation.
The City of Haralson in Coweta and Meriwether counties 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 Haralson." References in this charter to "the city" or "this city" refer to the City of Haralson. The city shall have perpetual existence.
SECTION 1.11. Corporate boundaries.
The boundaries of this city shall be those existing on the effective date of 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 ofthe corporate limits of the City of Haralson, 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 t<ffect as the original map or description.

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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 limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (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 under this charter; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulation. To regulate and to license the erection and construction ofbuildings 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; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A.; to license and regulate the same; to provide for the manner and method of payment of such license fees and taxes; and to revoke such licenses after due process for the 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 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 inside or outside the city and to make and carry out

4352 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
all reasonable prov1s10ns 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 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 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 enforcements 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 ofthe 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 tc any jail; or to provide for the commitment of such persons to any county wod 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, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;

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(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 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 ofservice 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 said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, finns, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal 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, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are 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;

4354 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads within view thereof, inside or outside or abutting the corporate limits of the city, and to prescribe penalties and punishment for violation of such ordinances; (31) 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 streets, roads, alleys, and walkways within the corporate limits of the city; to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; 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; (32) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (33) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (34) 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

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to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taXing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (35) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (36) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (37) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (38) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number 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; (39) Urban redevelopment. To organize and operate an urban redevelopment program; and (40) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into 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 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 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.

4356 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 othetwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and three councilmembers. (b) Except as provided in Section 2.11 of this charter, the mayor and councilmembers 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 this city for 12 months immediately preceding the election of the 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 such person d(':sires his or her name be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file said notice within the time provided for in Chapter 2 ofTitle 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2.11. Elections.
(a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of the city shall be eligible to qualify as voters in the election. (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) The municipal general election for the City of Haralson shall be conducted on Tuesday next following the first Monday in November, 2004, and on such day in each even-numbered year thereafter. (d) For the purpose of electing members of the council, the City of Haralson shall consist of one election district with three numbered posts. Each person seeking election shall designate the post for which he or she seeks election. (e) The mayor and councilmembers who are in office on the effective date of this Act, and any person selected to fill a vacancy in such office, shall serve out the

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remainder oftheir terms ofoffice, which shall expire December 31, 2004, and upon the election and qualification of their respective successors. Those successors to councilmembers from Posts 1 and 2 shall be elected at the municipal general election in 2004, shall take office the first day of January immediately following that election, and shall serve for initial terms of two years and until their respective successors are elected and qualified. Those and all future successors to councilmembers from Posts I and 2 whose terms of office are to expire shall be elected at the municipal general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms offour years and until their respective successors are elected and qualified. Those successors to the mayor and councilmember from Post 3 whose terms of office are to expire in 2004, and all future successors to such offices shall be elected at the municipal general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of four years and until their respective successors are elected and qualified.

SECTION 2.12. Vacancies in office.

(a)(l) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture ofoffice, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) 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 as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant,
the city council or those remaining shall order a special election to fill the balance
of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 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.

4358 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.14. Election by plurality.
The candidate 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 of Title 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 ofthat person's official duties or which would tend to impair the independence of his or her judgment or action in the performance of 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 his or her judgment or action in the performance of 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 himself or himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this 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

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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 himself or 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 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 elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act. (f) No person holding elected office may be employed by the city, either as an employee or as an independent contractor, until the expiration of90 days after the end of his or her term.

SECTION 2.17. Removal of officers.

(a) The mayor, a councilmember, 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 qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 of this charter or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (l) 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

4360 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right to appeal from the decision ofthe city council to the Superior Court ofCoweta 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 Coweta County following a hearing on a complaint seeking such removal brought by any resident of the City of Haralson.
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 and the oath of the office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of(mayor) (councilmember) ofthis city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America." (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings ofthe city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect 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.

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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 these 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 two

councilmembers. Notice of such special meeting shall be served on all other

members personally, or by telephone personally, at least48 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 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 given as required by law.

SECTION 3.14. Rules of procedure.

(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

SECTION 3.15. Quorum; voting.

(a) Except as otherwise provided in subsection (b) of this section, three councilmembers, or two councilmembers and the mayor, shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the

4362 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
journal, but any member ofthe 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 two 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. Ordinance form; procedures.
(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Haralson hereby ordains ..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18 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 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.
To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and may promptly adopt an emergency ordinance, but such ordinance 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

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emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least two members of the council 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 shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
SECTION 3.19. Codes 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 subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code oftechnical 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 the clerks 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 shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City ofHaralson, Georgia." Copies ofthe code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council.

4364 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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. 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 of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration.
SECTION 3.22. Powers and duties of mayor.
As the chief executive of this city, the mayor shall: ( l) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove, for cause, with confirmation ofappointment or removal by the city council, all officers, department heads, and employees of the city except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (5) Submit to the city council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (6) Call special meetings of the city council as provided for in Section 3.13 of this charter; (7) Participate in the discussion of all matters brought before the city council and vote on such matters only if two councilmembers are present and in the case of a tie vote;

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(8) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (9) Approve or disapprove ordinances as provided in Section 3.23 ofthis charter; (10) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; (11) Preside at all meetings of the city council; (12) 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; and (13) Perform such other duties as may be required by general state law, this charter, or ordinance.

SECTION 3.23. Submission of ordinances to the mayor; veto power.

(a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption. (b) The mayor shall within ten days of receipt of an ordinance return it to the city clerk with or without the mayor s approval, or with the mayor s disapprovaL If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts ofany ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor s veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.

SECTION 3.24. 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

4366 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tern shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest.
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. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers ofthe city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision ofthe mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove appointed officers and directors under the mayor's supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the appointed officer and director involved and to the city council. The appointed officer and director involved may appeal to the city council which, after a hearing, may override the mayor s action by a vote of three councilmembers.
SECTION 4.11. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.

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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 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 the office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the 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 of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.

SECTION 4.12. City attorney.

The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city 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 attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of the position of 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.

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SECTION 4.14. City treasurer.
The city council shall 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 ofdelinquent taxes and sale or foreclosure for nonpayment oftaxes to the city. The city treasurer shall also be responsible for the general duties ofa treasurer and fiscal officer. The city council shall provide for the compensation of the city treasurer.
SECTION 4.15. Rules and regulations.
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 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.
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 Haralson.
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 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. (c) Compensation of the judge or judges shall be fixed by ordinance.

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(d) Judges may be removed for cause by a vote of three members of the city
council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best ofhis or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter.

SECTION 5.12. Convening of court.

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 city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of$200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost ofoperation and shall be entitled to reimbursement ofthe actual cost ofmeals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The muniCipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance ofpersons charged with violations. Whenever any person shall give bail for 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 shall
be issued thereon by serving the defendant and his or her sureties with a rule nisi
at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been :violated.

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(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 of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area 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.
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 Meriwether County, under the laws of the State ofGeorgia regulating the granting and issuance of writs of certiorari.
SECTION 5.15. Rules.
(a) 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. (b) 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

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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.

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. Regulatory fees; permits.

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 ofthis 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 companies, gas companies,

4372 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside 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 ofthis charter.
SECTION 6.17. Construction.
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. 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

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liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taXes or fees, and providing for the assignment or transfer of tax executions.

SECTION 6.19. General obligation bonds.

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

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term notes.

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 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.

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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 mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the mayor 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. Council action on budget.
(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. 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 July 1 of each year. Ifthe city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or 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

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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 appropnahons 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 30 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with any 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 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 July 1 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 any recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council.

SECTION 6.29. Audits.

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 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 annual audit reports shall be available at printing costs to the public.

4376 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.30. 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 (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 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 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 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.

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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. 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. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

SECTION 7.14. 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.

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SECTION 7.15. Effective date.
This Act shall become effective on July 1, 2003.
SECTION 7.16. Specific repealer.
An Act incorporating the Town of Haralson, approved August 22, 1907 (Ga. L. 1907, p. 694), as amended, is repealed.
SECTION 7.17. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to provide a new charter for the City of Haralson, Georgia; to provide for incorporation, boundaries and powers ofthe city; to provide for general powers and limitations on powers; to provide for a governing authority, officers, departments, agencies, operation, administration, judiciary, elections, finance, revenue and taxation; to provide for other related matters; and for other purposes.
This 24th day of March, 2003.
Hon. Daniel W. Lee, Senator Georgia State Senate
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 Times-Herald which is the official organ of Coweta County on March 27, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DANIEL W. LEE Daniel W. Lee Senator, District 29

GEORGIA LAWS 2004 SESSION
swom to and subscribed before me, this 14th day of April, 2003, 2003.
sf sUSAN GORDON susan Gordon NotarY Public, Rockdale County, Georgia My Commission Expires Nov. 18,2005 (SEAL)
Approved May 17, 2004.

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HENRY COUNTY- HOMESTEAD EXEMPTION; BASE YEAR; COUNTY TAXES; REFERENDUM.
No. 786 (House Bill No. 482).
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 l. (a) As used in this Act, the term:
(l) "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. (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

4380 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of the homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person s agent files an application with the tax commissioner of 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.
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

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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 1 of this Act shall become of full force and effect on January I, 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 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 2003 Session of the General Assembly of Georgia a bill 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.
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

4382 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Daily Herald which is the official organ of Henry County on February 14, 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 18th day of February, 2003.
sf DEANA COKER Deana Coker Notary Public, Laurens County, Georgia My Commission Expires Aug. 18, 2003 (SEAL)
Approved May 17, 2004.
FORSYTH COUNTY- BOARD OF REGISTRATIONS AND ELECTIONS; CHAIRPERSON; COMPENSATION.
No. 787 (House Bill No. 932).
AN ACT
To amend an Act creating the Forsyth County Board ofRegistrations and Elections, approved March 31, 1987 (Ga. L. 1987, p. 5381), so as to change the provisions relating to the compensation of the chairperson of the Forsyth County Board of Registrations and Elections, also known as the chief registrar; 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 Forsyth County Board ofRegistrations and Elections, approved March 31, 1987 (Ga. L. 1987, p. 5381), is amended by striking Section 14 of said Act in its entirety and inserting in its place the following:
'SECTION 14. (a) The chairperson of the board of registrations and elections shall be the chief executive officer of the board and shall generally supervise, direct, and control the administration and the affairs of the board pursuant to law and duly adopted resolutions of the board of elections. The board shall fix and establish by

GEORGIA LAWS 2004 SESSION

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appropriate resolution in and on its minutes directives governing its execution of matters within its jurisdiction. (b) The chairperson of the Forsyth County Board of Registrations and Elections shall be known as the chief registrar ofForsyth County and shall be compensated accordingly. Compensation will be established and maintained according to the forsyth County Classification and Compensation System for county positions. The salary grade level shall be determined by an independent audit of the position. The increase in the salary of the chief registrar ofForsyth County shall be determined by the Forsyth County Board of Commissioners at the average annual rate of compensation increases approved for Forsyth County employees,
if any. (c) Two members of the board other than the chairperson shall receive no compensation but shall be reimbursed for expenses in attending to the business of the board in the amount of$50.00 each month. (d) No member of the board, including the chairperson, shall be considered as an employee of Forsyth County. (e) All amounts payable under this section shall be paid from funds of the county."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2003 session of the General Assembly of Georgia a bill to amend an Act creating the Forsyth County Board of Registrations and Elections, approved March 31, 1987 (Ga. L. 1987, p. 5381 ), so as to change the provisions relating to the compensation of the chairperson of the board and for other purposes.
This 24 day of March, 2003.
By: /s/ Representative Jan Jones 38th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jan Jones, who on oath deposes and says that she is the

4384 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Representative from District 38 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ ofForsyth County on March 28, 2003, and that the notice requirements of Code Section 28-l-14 have been met.
s/ JAN JONES Jan Jones Representative, District 38
Sworn to and subscribed before me, this 31st day of March, 2003.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
Approved May 17, 2004.
CITY OF MACON- MACON BOARD OF WATER COMMISSIONERS; PENSION FUND; CONTRIBUTIONS; CALCULATION OF BENEFITS.
No. 788 (House Bill No. 987).
AN ACT
To amend an Act entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Board of Water Commissioners," approved December 30, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2831 ), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3947), so as to define a certain term; to raise the employee contribution; to increase the benefit calculation factor; to change the vesting provision; to grant a cost ofliving adjustment to retirees and beneficiaries; to revise the method of determining permanent and total disability; to provide that persons who retire under the disability provisions of the plan may elect a life annuity or a joint and survivor option; to provide conditions for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Board of Water Commissioners," approved December 30, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2831 ), as amended, particularlybyanActapprovedMarch24, 1994 (Ga. L. 1994, p. 3947), is amended by adding at the end of Section 2 a new subsection (h) to read as follows:
'(h) 'Permanently and totally disabled' shall mean that the member has been determined to be disabled within the meaning of the federal Social Security Act and regulations thereunder and is actually drawing Social Security benefits on account of such disability:

SECTION 2. Said Act is further amended by striking paragraph ( 1) of subsection (a) of Section 4 and inserting in lieu thereof a new paragraph ( 1) to read as follows:
'(1) Six and 20/100 percent of the total compensation received from the authority during the calendar year, or fraction thereof, from December 30, 1953, until termination of employment:

SECTION 3. Said Act is further amended by striking paragraph ( l) of subsection (a) of Section 6 and inserting in lieu thereof a new paragraph (1) to read as follows:
'( l) Upon reaching 63 years of age, a member of the plan shall be entitled to a monthly retirement benefit in an amount equal to the product of the percentage set forth in the table below for the years of service times the years of service times the final average monthly earnings.

YEARS OF SERVICE

PERCENTAGE

1-30

2.000%

31

2.025%

32

2.050%

33

2.075%

34

2.100%

35

2.125%

36

2.150%

37

2.175%

38

2.200%

39

2.225%

4386 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

40 or more

2.250%

In the event that the normal retirement monthly benefit ofany member who has retired as of the effective date of this Act does not equal at least $20.00 times the number of years of service up to a maximum of ten years, then the monthly benefit of such member shall be the product of $20.00 times the number of years of service up to a maximum of $200.00.'

SECTION 4. Said Act is further amended by striking paragraph (8) ofsubsection (a) of Section 6 and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) In the event, after five years of service, a member terminates his or her service, or his or her service is terminated for any reason other than death or a cause for which the member is not entitled to receive benefits elsewhere under this pension plan, his or her benefits as provided herein shall be vested, but payment thereof shall be deferred to 63 years of age; provided, however, that the employee shall leave his or her contributions in the fund; provided, further, that such employee shall be entitled, at his or her option, to receive actuarially reduced benefits prior to 63 years of age, when his or her service would have totaled 25 years had he or she remained in the service of the authority. A member shall be notified of his or her option to leave his or her contributions in the plan by certified mail, return receipt requested, and shall have 12 months in which to make an election to remain in the plan or withdraw his or her contributions. The contributions of a member who fails to make an election within 12 months will be paid to the member as provided in paragraph (7) of this subsection."

SECTIONS. Said Act is further amended by adding at the end of subsection (a) of Section 6 a new paragraph ( 16) to read as follows:
"( 16) The monthly benefit ofevery member and beneficiary who is retired and receiving benefits shall be increased every five years by 2 percent, retroactivll to April 1, 1994. This cost-of-living adjustment shall be effective as of October 1, 2004."

SECTION 6. Said Act is further amended by striking paragraph (1) ofsubsection (b) ofSection 6 and inserting in lieu thereof a new paragraph (1) to read as follows:
"( 1) Permanent and total disability shall be determined as provided in subsection (h) of Section 2 of this Act. In the event it is determined by the federal Social Security Administration that a member is no longer disabled and such member is not drawing benefits under the Social Security Act, the authority may order that the member return to active service with the authority and that the member's pension payments be discontinued during the period of such active employment. In the event the member so ordered by the authority

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to return to active employment with the authority fails or refuses to do so within 30 days of written notice, the right ofthe member to disability payments shall be conclusively and for all time terminated. In the event such member shall return to active employment with the authority as ordered by the authority, he or she shall resume payment ofcontributions then required by the pension plan, and shall likewise be entitled to further service credit during the time he or she remains in the active service of the authority. Such member shall not be entitled to other retirement benefits of the plan save by relinquishment of any and all rights to any disability benefits."

SECTION7. Said Act is further amended by striking paragraph (1) ofsubsection (c) of Section 6 and inserting in lieu thereof a new paragraph (1) to read as follows:
'(l) Election. A member of the plan shall be entitled to elect, or to revoke a previous election and make a new election, at any time six months or more prior to his or her retirement in accordance with paragraph ( 1), (4), (5), or (6) of subsection (a) of this section, or prior to commencement of retirement payment in accordance with paragraph (8) of subsection (a) of this section, to have his or her retirement benefit payable under one of the options hereinafter set forth in lieu of the retirement benefits he or she is otherwise entitled to receive in accordance with such subsections. Election of any option shall be made by the member in writing and shall be subject to approval by the authority. The optional form of retirement benefit thus elected shall be paid in accordance with the terms of such option. A member of the plan who retires as a result of permanent and total disability as provided in paragraphs (2) and (3) of subsection (a) of this section shall be entitled to receive the member's retirement benefit as a life annuity or such member may elect the 'Joint and Survivor Option' under 'Option A' described in paragraph (2) of subsection (c) of this section."

SECTION 8. Sections 2 and 3 of this Act shall become effective on January 1, 2005, and the remaining Sections of this Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.

SECTION9. All laws and parts of laws in conflict with this Act are repealed.

4388 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, BIBB COUNTY
NOTICE OF INTENT 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 may be made to the 2003 Session of the General Assembly of Georgia to amend an Act of the General Assembly entitled "Macon Water Authority-Macon Water Authority Employees' Pension Plan," approved March 24, 1994 (Ga. L. 1994, page 3947, et seq.); as amended by an Act approved on April4, 1996 (Ga. L. 1996, pp. 4042 et seq.) so as to add a new Section 2(h) to provide a definition of"permanent and total disability;" to amend Section 4(a) of said Act to raise the contribution percentage to 6.2% of the total compensation paid to members during the calendar year; to amend Section 6(a)(l) to increase the benefit calculation factor by 0.25%; to amend Section 6(a)(8) to change the vesting provision in said section from ten ( l 0) years to five (5) years; to add a new Section 6(a)(8) to change the vesting provision in said section from ten (10) years to five (5) years; to add a new Section 6(a) (16) to grant a cost of living adjustment to retirees and beneficiaries every five (5) years retroactive to the last cost of living adjustment on April 1, 1994; to amend Section 6(b)(l) to revise the method ofdetermining permanent and total disability; to amend Section 6(c)( l) to provide that persons who retire under the disability provisions of the plan may elect a life annuity or a joint and survivor option; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 26th day of February, 2003.
s/ W. Warren Plowden, Jr. Attorney for the Macon Water Authority
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who on oath deposes and says that he is the Representative from District 108 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph which is the official organ of Bibb County on March 1, 2003, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ROBERT RAY Robert Ray Representative, District I08

GEORGIA LAWS 2004 SESSION
swom to and subscribed before me, this 1Oth day of April, 2003.
s1 SUSAN GORDON
susan Gordon NotarY Public, Rockdale County, Georgia
My Commission Expires Nov. 18,2005
(SEAL)
Approved May 17, 2004.

4389

TWIGGS COUNTY- BOARD OF EDUCATION; VACANCIES.
No. 795 (House Bill No. 1531).
AN ACT
To amend an Act providing for the election of members of the Board of Education ofTwiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3994), so as to change the method of filling vacancies in the offices of chairperson and board members; to provide for the submission of this Act for preclearance under the federal Voting Rights Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the election of members of the Board of Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3994), is amended by striking in its entirety Section 5 and inserting in lieu thereof the following:
"SECTION 5. (a) In case of a vacancy on the board by death, resignation, or any cause other than the expiration of term of office, such vacancy shall be filled as follows:
(1) If there are more than six months remaining before the expiration of the term of such office, a special election to fill such vacancy shall be conducted as soon as permissible under general law, except that if fewer than six months remain before the next general election, the special election shall be held at the time of the general election. Upon being notified of such a vacancy, the election superintendent of Twiggs County shall call and conduct a special election as provided by general law.

4390 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(A) If the vacancy occurs in the office of chairperson, the vice chairperson shall serve as chairperson until the successor is duly elected and qualified, and the remaining board members shall appoint a person to serve in the office of vice chairperson during such time. (B) If the vacancy occurs in the office of a member other than the chairperson, the remaining members shall appoint a person to serve in the vacated office until a successor is duly elected and qualified; or (2) If there are fewer than six months remaining before the expiration of the term of such office, and the vacancy occurs: (A) In the office of chairperson, the vice chairperson shall fill the remainder of the term and the remaining members shall appoint a person to serve the remainder of the term of the vice chairperson; or (B) In the office of a member other than the chairperson, the remaining members shall appoint a person to serve the remaining term of office. (b) A person filling a vacancy on the board shall be required to be a resident of the education district from which his or her predecessor was elected and shall meet all other qualifications of office provided by this Act.'
SECTION 2. The Board ofEducation ofTwiggs County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
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 bill to amend an Act providing for the election of members of the Board of Education of Twiggs county, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3994); 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 Twiggs

GEORGIA LAWS 2004 SESSION

4391

[irnes New Era which is the official organ ofTwiggs County on February 12,2004, Uld that the notice requirements of Code Section 28-1-14 have been met.
s/ KENNETH W. BIRDSONG Kenneth W. Birdsong Representative, District 104

sworn to and subscribed before me, this 17th 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.

COBB COUNTY- MAGISTRATE COURT; CHIEF MAGISTRATE; COMPENSATION.
No. 799 (House Bill No. 1585).
AN ACT
To amend an Act making provisions for the Magistrate Court of Cobb County, approved March 24, 1988 (Ga. L. 1988, p. 4451 ), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3704), so as to provide for the compensation of the chief magistrate of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act making provisions for the Magistrate Court of Cobb County, approved March 24, 1988 (Ga. L. 1988, p. 4451 ), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3704), is amended by inserting at the end of Section 2 a new subsection (e) to read as follows:
'(e) The chief magistrate of the Magistrate Court of Cobb County shall receive an annual salary equal to the salary level established for the associate judges of the State Court of Cobb County. Such salary shall be payable in equal monthly installments from the funds of Cobb County."

4392 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF 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 making provisions for the Magistrate Court of Cobb County, approved March 24, 1988 (Ga. L. 1988, p. 4451 ), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rich Golick, who on oath deposes and says that he is the Representative from District 34, Post 3 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/ RICH GOLICK Rich Golick Representative, District 34, Post 3
Sworn to and subscribed before me, this 26th 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.

GEORGIA LAWS 2004 SESSION

4393

HALL COUNTY- HOMESTEAD EXEMPTION; SENIOR CITIZENS; UNREMARRIED SURVIVING SPOUSES; DISABLED PERSONS; SCHOOL TAXES; REFERENDUM.

No. 800 (House Bill No. 1606). AN ACT

To amend an Act providing for homestead exemptions from Hall County School District ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens, approved April 6, 1998 (Ga. L. 1998, p. 4281 ), as amended, so as to allow such exemptions to continue to be received by unremarried surviving widows or widowers; to lower certain age qualifications; to allow one such exemption to be received by disabled persons regardless of age; 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 homestead exemptions from Hall County School District ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens, approvedApril6, 1998 (Ga. L. 1998, p. 4281), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows:
'SECTION 2. (a) Each resident of the Hall County School District who is disabled or at least 62 years of age but less than 72 years of age on or before January 1 of the year in which application for the exemption under this subsection is made is granted an exemption on that person s homestead from all Hall County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of that homestead, if that persons income, together with the income of the spouse of such person who resides within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. The unremarried surviving widow or widower who is at least 55 years of age shall continue to receive the exemption provided under this subsection so long as that unremarried surviving widow or widower continues to occupy the home as a residence and homestead, until such unremarried surviving widow or widower becomes 72 years of age or over and is otherwise qualified to apply for and receive the exemption under subsection (b) of this section. With respect to the exemption under this subsection, such unremarried surviving widow or widower shall remain subject to the income limitations specified in this subsection. The

4394 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
value of that property in excess of such exempted amount shall remain subject to taxation. (b) Each resident of the Hall County School District who is 72 years of age or older on or before January 1 of the year in which application for the exemption under this subsection is made is granted an exemption on that person s homestead from all Hall County School District ad valorem taxes for educational purposes for the full value of that homestead. The unremarried surviving widow or widower who is at least 65 years of age shall continue to receive the exemption provided under this subsection so long as that unremarried surviving widow or widower continues to occupy the home as a residence and homestead.
(c)(l) In order to qualify for the exemption provided for in subsection (a) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (a) or (b) of this section unless the person or person s agent files an affidavit with the tax commissioner of Hall County giving the persons age, and, if required, the amount of income which the person and the person's spouse residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.'
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Hall County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Hall County School District for approval or rejection. The election superintendent shall conduct that election on the date 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 ofthe election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Hall County. The ballot shall have written or printed thereon the words:

GEORGIA LAWS 2004 SESSION

4395

"YES ( ) Shall the Act be approved which lowers the age qualification of the current senior citizens homestead exemptions from Hall County
NO ( ) School District ad valorem taxes for educational purposes from 75 years of age to 72 years of age, grants one of the exemptions to disabled persons regardless of age, and allows those exemptions to continue to be received by certain unremarried surviving widows or widowers?"
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 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 Hall County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
NOTICE is given that there will be introduced at the regular 2004 session of the General Assembly of Georgia a bill to amend an Act providing for homestead exemptions from Hall County School District ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens, approved April6, 1998 (Ga. L. 4281), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Mills, who on oath deposes and says that he is the Representative from District 67, Post 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on February 14, 2004, and that the notice requirements of Code Section 28-1-14 have been met

4396 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ JAMES MILLS James Mills Representative, District 67, Post 2
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.
DEKALB COUNTY- RECORDER'S COURT; JUDGE; TERM OF OFFICE.
No. 804 (House Bill No. 1622).
AN ACT
To amend an Act entitled "An Act to create and establish for and in the County of DeKalb a court to be known as the Recorder" s Court ofDeKalb County," approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, so as to change the term of office of the judge of said court to four years; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to create and establish for and in the County of DeKalb a court to be known as the Recorder s Court ofDeKalb County," approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, is amended by striking in its entirety Section 5 and inserting in lieu thereof the following:
'SECTION 5. Judge; election; term; vacancies.
The judge of said recorders court shall be elected by the Board of Commissioners ofDeKalb County. Commencing with the term which begins on January 1, 2005, each judge shall serve a term of four years and until his or her

GEORGIA LAWS 2004 SESSION

4397

successor is duly elected and qualified. All vacancies occurring in such office shall be filled in like manner for the remainder of the unexpired term."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the Regular 2004 Session of the ueneral Assembly of Georgia a bill to amend an Act entitled "An Act to create and establish for and in the County of DeKalb a court to be known as the Recorder's Court of DeKalb County," approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Mitchell, who on oath deposes and says that he is the Representative from District 61, Post 3 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ ofDeKalb County on February 19,2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BILLY MITCHELL Billy Mitchell Representative, District 61, Post 3
Sworn to and subscribed before me, this 23rd day of February, 2004.
sl DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 17, 2004.

4398 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LAKELAND-LANIER COUNTY- UNIFIED GOVERNMENT; CREATION; REFERENDUM.
No. 825 (House Bill No. 1802).
AN ACT
To provide for the unification of the existing governments of the City of Lakeland and Lanier County; to provide for the creation of the unified government of Lakeland-Lanier County, Georgia; to provide for the status, boundaries, and powers ofthe unified government; to provide for the form, administration, and affairs ofthe unified government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for referendum elections with respect to the effectiveness of the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The following provisions, exclusive of the complete table of contents and the interior tables of contents which are included solely as a convenience to the reader, shall constitute and may be referred to as the charter of the Unified Government of Lakeland-Lanier County, Georgia.
TABLE OF CONTENTS ARTICLE I
UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS OF UNIFIED GOVERNMENT
Section 1-10 1. Unification of county and city; creation of unified government; name.
Section 1-102. Boundaries.
Section 1-103. Status of unified government as municipal corporation and
county. Section 1-104. Powers of the unified government. Section 1-105. Taxing districts. Section 1-106. Construction.
ARTICLE II LEGISLATIVE ARTICLE

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CHAPTER I The commission.

Section 2-101. Name and composition. Section 2-102. Term of office; qualifications; disqualifications. Section 2-103. Salary and expenses of the commission. Section 2-104. Organization; oath; rules; quorum; meetings; records;
chairperson pro tempore. Section 2-105. Powers of the commission. Section 2-1 06. Filling of vacancies.

CHAPTER2 Legislative procedure.

Section 2-20 l. Legislation by ordinance. Section 2-202. Introduction, consideration, and passage of ordinances and
resolutions. Section 2-203. Emergency ordinances. Section 2-204. Submission of ordinances to chairperson; veto. Section 2-205. Authentication; recording; effective date. Section 2-206. Codes of technical regulations. Section 2-207. Codification and printing of ordinances. Section 2-208. Prima-facie evidence.

CHAPTER3 Ethics and prohibited practices.

Section 2-30 l. Conflict of interest. Section 2-302. Disclosure. Section 2-303. Testimony of public officials relating to public affairs. Section 2-304. Contracts voidable and rescindable. Section 2-305. Hearings and determinations; penalties for violation.

ARTICLE Ill CHIEF ELECTED OFFICER

Section 3-l 0 l. Election; term. Section 3-l 02. Qualifications of office. Section 3-103. Compensation. Section 3-104. Powers and duties. Section 3-105. Voting. Section 3-106. Vacancy in office of chief elected officer.

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ARTICLE IV ADMINISTRATION
CHAPTER I Officers.
Section 4-10 I. Manager; appointment; qualifications; compensation. Section 4-102. Manager; powers and duties. Section 4-103. Attorney; appointment; term; qualifications; duties;
compensation. Section 4-104. Municipal judge; appointment; term; duties; qualifications;
compensation. Section4-105. Sheriff. Section 4-106. Judge of the probate court. Section 4-107. Clerk of superior court. Section 4-108. Tax commissioner. Section 4-109. Coroner.
CHAPTER2 Administrative and service departments.
Section 4-201. Creation and functions; generally. Section 4-202. Administrative reorganization. Section 4-203. Appointment of directors of departments. Section 4-204. Departments under state or federal law.
CHAPTER3 Merit system of personnel administration.
Section 4-301. Establishment of merit system.
CHAPTER4 Boards, commissions, and authorities.
Section 4-40 1. Certain boards, commissions, and authorities continued.
ARTICLE V JUDICIARY
Section 5-l 01. Superior court and district attorney; unaffected by charter redesignation.
Section 5-102. Juvenile court; unaffected by charter; redesignation. Section 5-103. Probate court; unaffected by charter; redesignation. Section 5-104. Magistrate court; unaffected by charter; redesignation.

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Section 5-105. Municipal Court of the City of Lakeland; continuation of operations in the court of the unified government.

ARTICLE VI ELECTIONS

CHAPTER 1 Conduct of elections.

Section 6-101. Applicability of general laws. Section 6-102. Regular election; time for holding; voting; districts. Section 6-103. Special elections.

CHAPTER2 Election districts; reapportionment.

Section 6-201. Reapportionment of election districts.

ARTICLE VII REVENUE AND FINANCE

CHAPTER 1 Taxation and other revenues.

Section 7-10 1. Levy and collection of taxes, fees, charges, and assessments; appropriations.
Section 7-102. Collection of delinquent taxes and fees. Section 7-103. Homestead exemptions. Section 7-104. Tax and services districts; taxation therein.

CHAPTER2 Borrowing and indebtedness.

Section 7-201. Issuance of general obligation bonds. Section 7-202. Debt limitation; general obligation bonds. Section 7-203. Revenue bonds. Section 7-204. Use of bond proceeds. Section 7-205. Allocation of indebtedness.

CHAPTER3 Financing of services.

Section 7-301. General and urban services districts. Section 7-302. Creation of services districts by ordinance.

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Section 7-303. Requirements for defining boundaries. Section 7-304. Notice of hearing prior to adoption of ordinance.
CHAPTER4 Financial administration.
Section 7-40 I. Fiscal year. Section 7-402. Preparation ofbudgets. Section 7-403. Scope of budgets. Section 7-404. Submission ofbudgets to the commission. Section 7-405. Adoption ofbudgets. Section 7-406. Property tax levies. Section 7-407. Limitation of funds. Section 7-408. Transfer of funds. Section 7-409. Lapse of appropriations. Section 7-410. Continuing audit.
CHAPTERS Procurement and disposition of property.
Section 7-501. Contracting procedures. Section 7-502. Sale and disposition of property.
ARTICLE VIII GENERAL PROVISIONS
Section 8-101. Application oflaws; laws in force. Section 8-102. Limitation on claims and service. Section 8-103. Tort and nuisance liability. Section 8-104. Conflict oflaws. Section 8-105. Competitive bidding. Section 8-106. Execution of assessments. Section 8-107. Authority to deal with federal and state agencies. Section 8-108. Federal and state aid. Section 8-109. Budgets of county officers and agencies. Section 8-110. Existing pension rights protected. Section 8-111. Establishment of new pension systems; merging of existing
systems. Section 8-112. Amending charter. Section 8-113. Fidelity bonds. Section 8-114. Examples of powers. Section 8-115. Provision of services. Section 8-1 16. The overview commission. Section 8-117. Historic items.

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section 8-118. Section captions. Section 8-119. Effect of repeals.

ARTICLE IX TRANSITION PROVISIONS

Section 9-10 1. Provision of services during transition. Section 9-102. Protection and compensation of existing employees. Section 9-103. Effective date of charter. Section 9-104. Initial budgets. Section 9-105. Number of employees. Section 9-106. Cooperation of former governments. Section 9-107. Existing ordinances and resolutions continued in effect. Section 9-108. Contracts and obligations. Section 9-109. Dissolution of existing governments. Section 9-110. Transfer of records and equipment. Section 9-111. Officers serve until successors qualify. Section 9-112. Referenda on the charter. Section 9-113. Effective dates. Section 9-114. Repealer.

APPENDIXES

Appendix A - Transition Schedule and Plan Appendix B - Districts

ARTICLE I UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS
OF UNIFIED GOVERNMENT

Section 1-101. Unification of county and city; creation of unified government; name.
Section 1-102. Boundaries. Section 1-103. Status of unified government as municipal corporation and
county. Section 1-104. Powers of the unified government. Section 1-105. Taxing districts. Section 1-106. Construction.

ARTICLE I UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS
OF UNIFIED GOVERNMENT

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SECTION 1-101. Unification of county and city; creation
of unified government; name.
(a) The governmental and corporate powers, duties, and functions now vested in the governing authority of the City of Lakeland, a municipal corporation created by an Act of the General Assembly of Georgia, approved August 11, 1925 (Ga. L. 1925, p. 1217), as amended, are unified with the governmental and corporate powers, duties, and functions of Lanier County. This unification shall result in the creation and establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Lanier County, which single government shall supersede and replace the governments of the City of Lakeland and Lanier County. Said county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the state, to be known as the "Unified Government ofLakeland-Lanier County, Georgia," (at times in this charter called the unified government or commission) having all the governmental and corporate powers, duties, and functions heretofore held by and vested in the City of Lakeland and Lanier County and also the powers, duties, and functions provided in this charter. The unified government shall be a public corporation; shall have perpetual existence; shall adopt a common seal; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all the properties of whatsoever kind or nature, assets, contracts, franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, enjoyed, or held by the City of Lakeland or Lanier County; and by the name of Lakeland-Lanier County, Georgia, shall be capable of bringing and defending actions when authorized by this charter and by the Constitution and laws ofthe State of Georgia. From and after January 1, 2006, the political subdivision known as Lanier County, Georgia, and the municipal corporation known as the City of Lakeland, Georgia, shall be unified into the said new political entity created pursuant to this charter. (b) The unified government shall encourage the meaningful involvement in its
operations of all citizens of Lakeland-Lanier County, particularly those who are
members of minority or other traditionally disadvantaged groups, as appointees, employees, and independent contractors. No individual shall be denied any opportunity on the basis of race, gender, religion, age, handicap, or national origin. (c) The unification of the governments of the City of Lakeland and Lanier Count)' is authorized pursuant to the provisions of Article IX, Section III, Paragraph II(a) ofthe Constitution of Georgia of 1983, as amended.
SECTION 1-102. Boundaries.
The unified government shall embrace the total area included within the existin&, territorial limits of Lanier County as such limits are fixed and established oil

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JanuarY 1, 2006. However, such limits may be altered and changed from time to tiJne as provided by the Constitution and laws of the State of Georgia pertaining to counties.
SECTION 1-103. Status of unified government as municipal corporation and county.

The unified government shall be deemed to be both a municipal corporation and a
(:ounty throughout the total territory of said government. It is the express intention
ofthis section to declare as a city and as a part of the unified government all of the area of Lanier County.

SECTION 1-104. Powers of the unified government.

(a) The Unified Government ofLakeland-Lanier County, Georgia, shall have all ,Owers of self-government authorized by the Constitution and not otherwise ,rohibited by the laws of Georgia. (b) In addition to the foregoing, the unified government shall have and be vested
'With, to the same extent as if repeated in this charter, all rights, powers, duties,
privileges, and authority that the mayor and Commission of the City of Lakeland or the chairman and the Commission of Lanier County, or both, have under the Constitution and general and local laws of the State of Georgia at the time of ldOption ofthis charter, except as expressly modified in this charter. This authority ~~include but shall not be limited to the authority to adopt home rule ordinances IDd resolutions as provided in Article IX, Section II of the Constitution ofthe State of Georgia. (c) In addition to the foregoing, the unified government shall have all rights, powers, duties, privileges, and authority conferred or enlarged in this charter, and ach other rights, powers, duties, privileges, and authority as may be necessary and ~roPer for carrying the same into execution and also all rights, powers, duties,
flivileges, and authority, whether express or implied, that may be now vested in or ~er granted to counties or municipal corporations, or both, by the Constitution
'lrtd laws of the State of Georgia, including the powers vested in the unified
&overnment by this charter.
(d) The unified government, in addition to the rights, duties, powers, privileges, ed authority expressly conferred upon it by this charter, shall have the right, duty,
power, privilege, and authority to exercise and enjoy all other powers, duties, ftmctions, rights, privileges, and immunities necessary and proper to promote or )II'Otect the safety, health, peace, security, and general welfare of said government llld its inhabitants and to exercise all implied powers necessary to carry into tlecution all powers granted in this charter as fully and completely as if such f09iers were fully enumerated in this charter and to do and perform all of the acts pertaining to its property, affairs, and local government which are necessary or

4406 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
proper in the legitimate exercise of its corporate powers and governmental duties and functions. (e) No enumeration of any right, power, privilege, or authority in this charter made shall be construed as limiting or abolishing any right, power, privilege, or authority set forth in this section. (f) In addition to and supplementary to all other powers which it may possess, and by way of illustration and not of limitation, the unified government shall have the powers specifically enumerated in Section 8-114 of this charter.
SECTION 1-105. Taxing districts.
(a) The unified government shall divide the county into two or more taxing districts (at times in this charter called services districts); provided, however, that at least one of such districts shall be known as the general services district. The general services district shall consist of the total area of Lanier County. In addition, the commission shall establish at least one or more urban services districts which shaU embrace such territory or territories for which provision is made by the commission for additional or higher levels of services than are provided uniformly throughout the territory of the unified government. Special services districts, which are those wherein specific services are provided to specific areas outside an urban services district, may also be created as provided in this charter. (b) Taxes shall be assessed, levied, and collected in accordance with the kind, character, type, degree, and level of services provided by the government within said services districts, and the rate and manner of taxation may vary in any one district from that in another or other districts. (c) The unified government may also establish special services districts which shall embrace such territory or territories for which provision is made by the commission for additional or higher levels of services provided by the unified government.
(d) In the establishment of the first urban services district or districts, the
commission shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in the official legal organ of Lakeland-Lanier County at least once a week during the two weeks immediately preceding the date of hearing. (e) In the establishment of special services districts, the commission shall hold one or more public hearings thereon at which all interested persons affected therebY shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in the official legal organ of Lakeland-Lanier County at least once a week during the two weeks immediately preceding the date of hearing.
(f) The unified government is empowered to exercise and provide within the
general services district and within any urban and special services district established by this charter or by ordinance of the commission those powers,

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fUnctions, and services which have theretofore been exercised and provided by Lanier County or the City of Lakeland, or both; all powers, functions, and services authorized by this charter and any amendments thereto; and all powers, functions, .and services which counties or municipal corporations, or both, are now or are hereafter authorized to exercise under the Constitution and laws of the State of
Georgia. (g) The unified government shall perform within the general services district those governmental duties, functions, and services which are generally available and accessible to all residents throughout the total area of said government. (h) The unified government shall perform within its urban services districts those additional, more comprehensive, intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services districts. (i) The unified government shall perform within its special services districts those additionally selected, more comprehensive, intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such special services districts. (j) Except as otherwise provided by this charter, urban and special services districts of the unified government shall be created, expanded, merged, consolidated, or reduced only by an ordinance duly adopted by the commission under such general rules, procedures, regulations, requirements, and specifications as established by the commission; provided, however, that no new urban or special services district shall be created or existing urban or special services district expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard by publishing a notice of a public hearing on the proposed expansion, consolidation, reduction, or creation of an urban or special services district in the official legal organ ofLakeland-Lanier County, Georgia, at least once a week during the two weeks immediately preceding the date of hearing. Such rules and regulations shall set forth the manner and method for the creation of new urban and special services districts; the expansion, consolidation, reduction, or merger of existing urban or special services districts; requirements for defining functions and policies .for rendering services; changes in levels of services within existing services districts; the transfer of territory from one services district to another; requirements for defining boundaries of services districts; procedures for the expansion, reduction, or consolidation of existing services districts; and requirements for defining boundaries of services districts. (k) The unified government is empowered to create new services and eliminate existing services by the same procedures and methods set forth in this section. (l) Citizens ofany area in the county may request additional services by petitioning the unified government according to the rules, procedures, and guidelines established by the unified government. The unified government will hold public hearings as outlined in the services district modification procedure set forth in this section and will consider all comments received prior to reaching a final decision.

4408 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1-106. Construction.
The powers of the unified government shall be construed liberally in favor of the unified government. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general powers of the unified government as provided in this article. It is the intention of this charter to grant to the unified government full power and right to exercise all governmental authority authorized by the Constitution and laws of Georgia which is necessary for the effective operation and conduct of the unified government within its territory and for the conduct of all of its affairs.
ARTICLE II LEGISLATIVE ARTICLE
CHAPTER 1 The commission.
Section 2-10 I. Name and composition. Section 2-102. Term of office; qualifications; disqualifications. Section 2-103. Salary and expenses of the commission. Section 2-104. Organization; oath; rules; quorum; meetings; records;
chairperson pro tempore. Section 2-105. Powers of the commission. Section 2-106. Filling of vacancies.
CHAPTER2 Legislative procedure.
Section 2-20 1. Legislation by ordinance.
Section 2-202. Introduction, consideration, and passage of ordinances and
resolutions. Section 2-203. Emergency ordinances. Section 2-204. Submission of ordinances to chairperson; veto. Section 2-205. Authentication; recording; effective date. Section 2-206. Codes of technical regulations. Section 2-207. Codification and printing of ordinances. Section 2-208. Prima-facie evidence.
CHAPTER3 Ethics and prohibited practices.
Section 2-30 l. Conflict of interest. Section 2-302. Disclosure.

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Section 2-303. Testimony of public officials relating to public affairs. Section 2-304. Contracts voidable and rescindable. Section 2-305. Hearings and determinations; penalties for violation.

ARTICLE II LEGISLATIVE ARTICLE
CHAPTER 1 The commission.

SECTION 2-101. Name and composition.

There is created the "Commission of Lakeland-Lanier County, Georgia." Membership on the commission is a part-time position. The commission shall consist ofseven members elected from districts as provided in Section 6-102 of this charter, and the chairperson elected at large as provided in Article III of this charter.

SECTION 2-102. Term of office; qualifications; disqualifications.

(a) The term of office of all members of the commission shall be four years with members serving staggered terms and until their successors are elected and qualified, except that a commissioner appointed to fill a vacancy shall serve only for the balance of the unexpired term as provided in Section 2-106 of this charter. All terms of office following the initial terms shall commence at the first regular meeting in January next following the election. (b) No person shall be eligible for election or appointment to the commission unless such person, on or before the date of election or appointment, shall:
(1) Have attained the age of 21 years, except as otherwise provided under paragraph (I) of Code Section 45-2-1 of the O.C.G.A.; (2) Be a qualified voter of the unified government; and (3) Have resided within the county for one year and within the territorial limits of the district from which elected on the date of qualifying for election. A member ofthe commission shall continue to reside within the district from which elected during such member s term of office. (c) No member of the commission, during that member s term of office, shall hold any other federal, state, or local government elective office or be employed full time by the Unified Government of Lakeland-Lanier County, Georgia.

SECTION 2-103. Salary and expenses of the commission.

(a) The salary of each commissioner shall be $6,000.00 per year, payable in equal monthly installments.

4410 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) In addition to the salary, commissioners shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government. (c) The salary and expenses of members of the commission may be changed by ordinance, subject to the conditions and requirements of Code Section 36-35-4 of the O.C.G.A.
SECTION 2-104. Organization; oath; rules; quorum; meetings; records;
chairperson pro tempore.
(a) The commission shall meet for organization and swearing-in purposes on January 1 next following its election or as soon thereafter as practicable. At this meeting, the newly elected or reelected commissioners shall each take the following oath of office, to be administered by the judge of the probate court:
"I do solemnly swear (or affirm) that I will well and truly perform the duties of commissioner of the Unified Government ofLakeland-Lanier County, Georgia, and that I will support and defend the charter thereof, as well as the Constitution and laws of the State of Georgia and of the United States of America, so help me God." (b) The commission, by majority vote, shall adopt rules ofprocedure governing the transaction of its business consistent with the provisions ofthis charter; shall adopt by ordinance the time, date, and place for regular meetings, which will be held at least twice each month; and shall provide for keeping minutes ofits proceedings by the manager as provided in Section 4-102 of this charter. (c) At its first organization meeting, the commission shall select the date when it will hold its regular monthly meetings. (d) Five of the seven members of the commission shall constitute a quorum for the transaction ofbusiness; however, a smaller number may adjourn from time to time. (e) Special meetings ofthe commission maybe called by the chairperson or by any five commissioners upon no less than 24 hours' written notice to each member served personally or left at the usual place ofbusiness or residence ofsuch member. Such notice of a special meeting may be waived in writing either before or after the meeting. Subject to subsection (d) of Code Section 50-14-1 of the O.C.G.A., special meetings may be held at any time without notice to all commissioners, upon attendance at such meeting by all members of the commission or by waiver of notice of those not in attendance. (f) All meetings of the commission, except for those exceptions provided for in general law, shall be public and any citizen shall have access to the minutes and records thereof at reasonable times. (g) At its first meeting in January of each year, a chief elected officer pro tempore known as the chairperson pro tempore shall be elected by and from the membership ofthe commission to serve for a term of one year. Such an election shall take place at the first regular meeting of the commission each year and whenever necessary

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to till a vacancy in the office. A commissioner elected to fill a vacancy shall only
serve as such until an election for a new chairperson pro tempore is held the
following year. (b) In the absence of the chairperson for any cause, the chairperson pro tempore shall preside over meetings and discharge the duties of the chairperson until either the return of the chairperson or the election of a new chairperson. While serving
as the chairperson, the chairperson pro tempore shall have the same powers as the
chairperson and not those of a commissioner.

SECTION 2-105. Powers of the commission.

(a) All legislative powers of the unified government of Lakeland-Lanier County, Georgia, including any such powers which may hereafter be conferred by law upon said government, shall be vested exclusively in and exercised by the commission in accordance with the provisions of this charter. (b) In addition to its legislative powers, the commission shall specifically have the
power to: (1) Adopt and from time to time amend the budgets; (2) Approve or reject recommendations concerning the appointments of the manager, attorney, and municipal judge; (3} Remove from office the manager, attorney, and municipal judge by majority vote of the entire commission; and (4} Override the chairperson s veto with the affirmative vote of five commissioners.
(c) In the exercise of its powers, the commission shall adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this charter and for the promotion and protection of the safety, health, peace, security, and general welfare of the inhabitants of the unified government and may enforce such ordinances, resolutions, rules, and regulations by imposing penalties for violations thereof, as prescribed by ordinance, by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding six months, or both. (d) Except as otherwise provided by the Constitution, general or local law, or this charter, the commission may by ordinance create, change, alter, combine, abolish, unify, consolidate, and redefine the manner of appointment, membership, powers, and duties of bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of the unified government, including positions of public employment, and may transfer and delete functions and assign additional functions to any bureaus, offices, agencies, departments, divisions, boards, authorities, commissions, and positions of public employment existing under this charter. The commission may by ordinance transfer all the assets, liabilities, and obligations thereof to a department, a division, or other unit of a department of the unified

4412 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
government, which shall have the power, and its duty shall be, to perfonn and exercise all the functions and powers theretofore perfonned and exercised by such board, commission, authority, division, agency, bureau, office, department, or' position of public employment. (e) Subsection (d) ofthis section does not apply to any authorities or boards which were created by either a local constitutional amendment or by a local Act of the General Assembly. (f) The commission shall have the power to conduct or cause to be conducted inquiries and investigations of the operations of any office, department, or agency or the conduct of any officer or employee thereof administering the affairs of the unified government. In conducting inquiries and investigations, the commission shall have the right to administer oaths; subpoena witnesses, documents, records, or other evidence; take testimony; and require the production of evidence. The conduct of proceedings at commission inquiries and investigations shall be subject to such rules and regulations as the commission may prescribe by general ordinance. (g) The commission shall provide for the fonn of oaths and the amount and condition of surety bonds as may be required of any officer or employee of the unified government. (h) The commission shall have and exercise such other powers as conferred upon it by this charter and the laws of Georgia.
SECTION 2-106. Filling of vacancies.
(a) In the event that the office of a member ofthe commission shall become vacant by reason of death, resignation, or any other cause and the tenn shall expire in less than 180 days, the vacant position shall be filled by appointment of the remaining members of the commission. Any individual so appointed must have the same qualifications required for election to the office. (b) If the tenn of the vacant commission position will continue for more than 18(); days, a special election shall be held as provided in this charter and in general state law to elect a new member of the commission to serve for the remainder of the tenn.
CHAPTER2 Legislative procedure.
SECTION 2-201. Legislation by ordinance. Every official act of the commission which is to have the force and effect of laW shall be by ordinance and shall begin with the words: "The Commission of Lakeland-Lanier County, Georgia, hereby ordains .... " All other acts of th~

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coJ1)1Ilission shall be by resolution or shall take such other form as prescribed by its rules.
SECTION 2-202. Introduction, consideration, and passage of
ordinances and resolutions.

(a) Every proposed ordinance and every amendment shall contain not more than one subject which shall be clearly expressed in its title. (b) Every proposed ordinance and every amendment shall be introduced in writing. (c) Prior to the introduction of any ordinance, copies of it shall be prepared by the manager and distributed to each member of the commission and to the attorney. It shall be the duty of the attorney to review the draftsmanship and impact of each ordinance. (d) A summary of every proposed ordinance shall be read upon first introduction and by title at the next regular meeting not less than seven days following the meeting of its introduction. In no event however, except for emergency ordinances, may any ordinance be voted on in less than seven days after it is introduced. (e) The adoption of any ordinance shall be by the affirmative vote of at least four of the seven commissioners. (f) The passage of all ordinances shall be contingent upon the recording of the "ayes" and "nays" of each commissioner, and the names of the commissioners voting for and against each proposed ordinance or amendment, those abstaining, and those absent shall be entered upon the minutes of the proceedings of the commission.
SECTION 2-203. Emergency ordinances.

To meet a public emergency threatening life, health, property, or public safety, the commission may adopt emergency ordinances; provided, however, that such ordinances may not be enacted to levy taxes; to grant, renew, or extend a franchise; to regulate the rate charged for any public utility or service; or to authorize the borrowing of money unless it shall be repaid in 30 days or less. An emergency ordinance shall be in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain a declaration stating what emergency exists. An emergency ordinance may be adopted with or without amendment or it may be rejected at the meeting at which it is introduced, but the affirmative vote of at least five of the seven members of the commission shall be required for adoption. An emergency ordinance shall become effective upon adoption or at such later time as it may specifY.

4414 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2-204. Submission of ordinances to chairperson; veto.
Every ordinance or resolution adopted by the commission shall be certified by the manager and presented to the chairperson within two business days following its adoption. The chairperson shall approve or veto the ordinance or resolution within ten business days after adoption, and no ordinance or resolution shall become effective without his or her approval except as provided in this section. If the chairperson vetoes an ordinance or resolution, he or she shall within two business days following such veto return the ordinance or resolution to the manager with a written statement of the reasons for the veto. The manager shall record the date of the receipt of the vetoed ordinance or resolution and thereupon shall notify the commission members of such veto. If the commission shall pass the ordinance or resolution by a vote of five of the seven members at the meeting next held after the ordinance or resolution has been returned with the chairperson's veto, it shall become law without his or her approval. In the event the chairperson does not approve or veto the ordinance or resolution within the time required, it shall become law without his or her approval.
SECTION 2-205. Authentication; recording; effective date.
All ordinances which have become law shall immediately be deposited in the official archives of the manager. The manager shall note on the face of the ordinance the date and time it has become law and the ordinance shall become effective at 12:00 Noon on the day following its becoming law or at such later time as it may specify. The manager shall authenticate by his or her signature each ordinance which has become law.
SECTION 2-206. Codes of technical regulations.
(a) The commission 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 subsection (c) of Section 2-202 of this charter for distribution of copies of the ordinance to each commissioner and to the attorney shall be construed to include copies of the code of technical regulations which shall be maintained in the manager's office, 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 manager as provided in Section 2-205 of this charter.

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(b) Copies of any adopted code of technical regulations shall be made available by the manager for public inspection and for purchase at a reasonable price as fixed by the commission.
SECTION 2-207. Codification and printing of ordinances.

(a} The commission shall, on or by January 1, 2006, provide for the preparation of a general codification of all ordinances of a general or permanent nature. Such code shall be adopted by the commission by ordinance and shall be published promptly, together with all amendments thereto, this charter, any amendments hereto, and such codes of technical regulations and other rules and regulations as the commission may specify. This compilation shall be known and cited officially as the "Code of Lakeland-Lanier County, Georgia." As determined by the commission, copies of the code shall be furnished to officers, departments, and agencies ofthe unified government; placed in libraries and public offices for public reference; and made available for purchase by the public at a reasonable price. (b) Following publication of the first Code ofLakeland-Lanier County, Georgia, and from time to time 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 integration in such code.
SECTION 2-208. Prima-facie evidence.

A record or entry made by the manager or a copy of such record or entry, duly certified by the manager, shall be prima-facie evidence of the terms of every ordinance and its due publication.

CHAPTER3 Ethics and prohibited practices.

SECTION 2-301. Conflict of interest.
No elected official, appointed officer, or employee of Lakeland-Lanier County, Georgia, or any agency or political entity to which this charter applies shall knowingly:
( 1) Engage in any business or transaction in which the person has a financial interest which is incompatible with the proper discharge of official duties; (2) Disclose confidential information concerning the property, government, or affairs ofthe governmental body by which such person is engaged or is a member of without proper legal authorization or use that information to advance the financial or other private interest of such person or others;

4416 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Accept any gift that has a value of $100.00 or more from any person, finn, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body he or she is a member of or by which such 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 campaign; (4) Represent private interests other than his or her own in any action or proceeding against Lakeland-Lanier County, Georgia, or any portion of its government; or (5) Vote or otherwise actively participate in the negotiation or the making ofany contract between Lakeland-Lanier County, Georgia, and any business or entity in which he or she has a financial interest.
SECTION 2-302. Disclosure.
Any elected official, appointed officer, or employee of the unified government or of any board, commission, authority, or agency thereof who shall have any private financial interest, direct or indirect, in any contract or matter pending before or within any department ofthe unified government shall disclose such private interest to the commission. Any commissioner who has a private interest in any matter pending before the commission shall disclose such private interest and such disclosure shall be entered on the records of the commission, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any board, commission, authority, or agency of the unified government who shall have any private financial interest, direct or indirect, in any contract or matter pending before or within such entity shall disclose such private interest to the commission.
SECTION 2-303. Testimony of public officials relating to public affairs.
Any officer or employee of the unified government or of any board, commission, authority, or agency thereofwho is duly and properly called as a witness before any unified government, state, or federal judicial or administrative tribunal and who shall before such tribunal fail to answer any proper question concerning the performance ofhis or her official duties shall be guilty of a violation ofthis charter.
SECTION 2-304. Contracts voidable and rescindable.
Any contract between the unified government or any board, commission, authority, agency, or entity thereofmade in violation of the provisions of this charter shall be voidable or rescindable at the option of the commission at any time if any elected

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official, appointed officer, or employee of such unified government or board, commission, authority, or agency thereof has any interest in such contract and does not disclose such interest in accordance with Section 2-302 of this charter.

SECTION 2-305. Hearings and determinations; penalties for violation.

(a) Upon the sworn complaint of any person alleging facts which if true would constitute a violation of this charter, the commission may conduct a public hearing at which the accused shall be given an opportunity to be heard, either personally or through counsel. At the conclusion of such hearing, the commission shall, in written findings of fact and conclusions based thereon, make a determination concerning the propriety of the conduct of the official or employee in question. (b) Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who is found to have knowingly concealed his or her personal financial interest or who is found to have knowingly violated any of the requirements of this charter shall be deemed guilty of malfeasance in office or position. If such decision is upheld after all reviews and appeals provided by the merit system of the unified government have been exhausted, the officer or employee shall be subject to such punishment as may be deemed appropriate by the commission and which may include forfeiture of office or position. (c) Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who shall forfeit his or her office or position as described in subsection (b) of this section shall be ineligible for appointment or election to or employment in a position in the unified government or ofany board, commission, authority, or agency thereof for a period ofthree years thereafter.

ARTICLE III CHIEF ELECTED OFFICER

Section 3-101. Election; term. Section 3-102. Qualifications of office. Section 3-103. Compensation. Section 3-104. Powers and duties. Section 3-105. Voting. Section 3-106. Vacancy in office of chief elected officer.

4418 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE III CHIEF ELECTED OFFICER
SECTION 3-101. Election; term.
There is created the office of chief elected officer of Lakeland-Lanier County, Georgia (referred to at times in this charter as the chairperson). The chairperson shall be elected from the unified government at large and shall serve part time for a term of four years and until a successor is elected and qualified. Any chairperson who has been elected for two full consecutive four-year terms of office under the provisions of this charter shall not be eligible to be elected for the succeeding term.
SECTION 3-102. Qualifications of office.
(a) To be eligible for election as chairperson, a person on the date ofelection must: (1) Have attained the age of 21 years except as otherwise provided in paragraph (1) of Code Section 45-2-1 of the O.C.G.A.; (2) Have resided in the territory of the unified government for at least one year immediately preceding the date of election and must continue such residence therein during the term of office; (3) Be a registered voter of the unified government; and (4) Meet any other requirements as established by law.
(b) No person elected as chairperson shall, during that person s term of office, hold any other federal, state, or local government office or be employed full time by the Unified Government ofLakeland-Lanier County, Georgia.
SECTION 3-103. Compensation.
(a) The chairperson shall receive as compensation for the services of this office an annual salary of $12,000.00, payable in equal monthly installments. (b) In addition to the salary, the chairperson shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government. (c) The salary and expenses of the chairperson may be changed by ordinance, subject to the conditions and requirements ofCode Section 36-35-4 ofthe O.C.G.A.
SECTION 3-104. Powers and duties.
The chairperson shall have the powers and duties to:

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(l) Serve as the official representative of the unified government, including serving as the unified government's representative to federal, state, and local governmental bodies and officials; (2) Initiate the process, with the involvement of commission members and appropriate staff, to search and screen candidates for the positions of manager, attorney, and municipal judge and to recommend candidates for these positions to the commission, appointment of which requires concurrence of a majority of the entire commission; (3) Set the agenda, after receiving input from members of the commission, the manager, and the public, for meetings of the commission; (4) Preside over meetings of the commission; (5) Present the annual operating expenses budget and the capital improvements budget, which have been prepared by the manager with the assistance of all department and agency heads and all others who supervise the implementation of a budget that uses funds of the unified government for approval by the chairperson, to the commission for approval; (6) Approve or veto proposed ordinances or resolutions as provided by this
charter; (7) Call special meetings of the commission as provided by this charter and by rules of the commission; (8) Execute all deeds, contracts, and obligations of the unified government, provided that such execution shall be attested to by the manager; (9) Recommend to the commission the adoption of such measures as deemed necessary or expedient; and (10) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter.

SECTION 3-105. Voting.

The chairperson shall not be authorized to vote on any matter before the commission except in the case of a tie.

SECTION 3-106. Vacancy in office of chief elected officer.

In the event that the office of chairperson shall become vacant by reason of death, resignation, or any other cause, the vacancy shall be filled by the chairperson pro tempore who shall serve as chairperson with all powers of the chairperson until a new chairperson is selected as provided below:
(1) If the term of the chairperson will expire in less than 180 days, the chairperson pro tempore shall serve as the chairperson until the next general election when a new chairperson will be elected; or

4420 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) If the term of the chairperson will continue for more than 180 days, a special election shall be held as provided in general law to elect a new chairperson for the remainder of the vacant chairperson's term.
ARTICLE IV ADMINISTRATION
CHAPTER 1 Officers.
Section 4-101. Manager; appointment; qualifications; compensation. Section 4-102. Manager; powers and duties. Section 4-103. Attorney; appointment; term; qualifications; duties;
compensation. Section 4-104. Municipal judge; appointment; term; duties; qualifications;
compensation. Section 4-105. Sheriff Section 4-106. Judge of the probate court. Section 4-107. Clerk of superior court. Section 4-108. Tax commissioner. Section 4-109. Coroner.
CHAPTER2 Administrative and service departments.
Section 4-201. Creation and functions; generally. Section 4-202. Administrative reorganization. Section 4-203. Appointment of directors of departments. Section 4-204. Departments under state or federal law.
CHAPTER3 Merit system of personnel administration.
Section 4-30 L Establishment of merit system.
CHAPTER4 Boards, commissions, and authorities.
Section 4-401. Certain boards, commissions, and authorities continued.

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ARTICLE IV ADMINISTRATION
CHAPTER 1 Officers.

SECTION 4-101. Manager; appointment; qualifications; compensation.

The chairperson shall recommend candidates to the commission for the office of manager who shall be the full-time administrative officer of the unified government. No person holding an elective office in Lakeland-Lanier County shall be eligible for appointment until two years after leaving elective office. Such recommendations shall become effective when confirmed by a majority vote of the total membership of the commission. The manager shall be prohibited from engaging in any political activity, and the manager shall not be eligible to qualify as a candidate for an elective office in Lakeland-Lanier County for one year after leaving office. The manager shall be appointed by a majority vote of the entire commission for a term of one year; may succeed himself or herself; and at any time may be removed from office by a majority vote of the entire commission. The manager need not be a resident of the unified government at the time of his or her appointment but shall establish residence therein within six months of such appointment and continue to reside therein throughout such appointment. The qualifications and compensation of the manager shall be fixed by ordinance.

SECTION 4-102. Manager; powers and duties.

(a) The manager shall be responsible for: (l) The management and coordination of the operations and activities of the various departments and agencies of the unified government; (2) The appointment and removal of department heads; (3) The preparation of the proposed annual operating expenses budget and the capital improvements budget with the assistance of all department heads for approval by the chairperson; (4) Keeping the commission at all times fully advised as to the financial condition and needs of the unified government; (5) Conducting studies and investigations and making reports thereon to the commission concerning the operations of the departments, offices, and agencies of the unified government; (6) Requiring any department, board, commission, or agency under the manager s jurisdiction to submit written reports and to provide other information as deemed necessary; (7) Prescribing, requiring, publishing, and implementing standards of administrative, management, and operating practices and procedures to be

4422 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
followed and adhered to by all offices, departments, boards, commtss10ns, authorities, and other agencies ofthe unified government which are subject to the manager s supervision and jurisdiction; and (8) Maintaining all required records of the operations and activities of Lakeland-Lanier County, including the minutes of all meetings of the Lakeland-Lanier County Commission. (b) Except for the purpose of inquiry and investigation, the chairperson and commission shall deal with employees of the unified government who are subject to appointment and removal by the manager solely through the manager and shall not give orders or directions to any such employee, either publicly or privately or directly or indirectly.
SECTION 4-103. Attorney; appointment; term; qualifications; duties; compensation.
(a) The chairperson shall make recommendations to the commission for the attorney of the unified government The attorney shall be appointed by a majority vote of the entire commission for a term of one year; may succeed himself or herself; and at any time may be removed by a majority vote of the entire commission. (b) The attorney shall be an active member of the State Bar of Georgia in good standing and shall satisfy any other qualifications established by ordinance. (c) The attorney shall be the legal counsel to the unified government and shall perform such other duties as may be required by this charter or by ordinance. (d) The compensation of the attorney shall be as prescribed by a duly adopted ordinance.
SECTION 4-104. Municipal judge; appointment; term; duties; qualifications; compensation.
(a) The chairperson shall recommend candidates to the commission for the office ofmunicipal judge ofthe unified government The recommendations shall become effective when confirmed by a majority vote of the total membership of the commission. The municipal judge shall serve at the pleasure ofthe commission and may be removed from office by a majority vote of the total membership of the commission. (b) The qualifications, duties, and compensation of the municipal judge shall be as prescribed in a duly adopted ordinance.
SECTION 4-105. Sheriff
The sheriff of Lanier County in office on January I, 2006, shall be the sheriff of Lakeland-Lanier County, Georgia. The sheriff shall serve for the same tenn as

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provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for sheriff shall be on the same basis as provided by law for the election of sheriffs generally. The sheriff shall be the chief law enforcement officer with constitutional and statutory duties throughout Lakeland-Lanier County. The sheriff shall also be responsible for the operation of the jail, the transport of prisoners, the service ofprocess, and such other duties being provided on January I, 2006. The sheriff shall have such other or different powers and duties as provided by the Constitution and laws of Georgia.
SECTION 4-106. Judge of the probate court.

The judge ofthe Probate Court of Lanier County in office on January 1, 2006, shall be the judge of the Probate Court of Lakeland-Lanier County, Georgia. The judge of the Probate Court of Lakeland-Lanier County shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the judge of the probate court shall be on the same basis as provided by law for the election of probate judges generally. The judge of the probate court shall perform the same duties and exercise the same powers as conferred on probate judges generally by the Constitution and laws of Georgia.
SECTION 4-107. Clerk of superior court.

The clerk of Superior Court of Lanier County in office on January I, 2006, shall be the clerk of Superior Court of Lakeland-Lanier County, Georgia. The clerk of superior court shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the clerk of superior court shall be on the same basis as provided by law for the election of clerks of superior court generally. The clerk of superior court shall perform the same duties and exercise the same powers as conferred on clerks of superior court generally by the Constitution and laws of Georgia.
SECTION 4-108. Tax commissioner.
The tax commissioner of Lanier County in office on January 1, 2006, shall be the tax commissioner of Lakeland-Lanier County, Georgia. The tax commissioner shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for tax commissioner shall be on the same basis as provided by law for the election of tax commissioners generally. The tax commissioner shall perform the same duties and exercise the same powers as conferred on tax commissioners generally by the Constitution and laws of Georgia.

4424 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4-109. Coroner.
The coroner of Lanier County in office on January 1, 2006, shall be the coroner of Lakeland-Lanier County, Georgia. The coroner shall serve for the same term as provided by law, and compensation shall be fixed as provided by law. Subsequent elections for coroner shall be on the same basis as provided by law for the election of coroners generally. The coroner shall perform the same duties and exercise the same powers as conferred on coroners generally by the Constitution and laws of Georgia.
CHAPTER2 Administrative and service departments.
SECTION 4-201. Creation and functions; generally.
Except as otherwise provided by this charter or by law, the administrative and service departments of the unified government shall be created and established by ordinance and shall perform such functions, duties, services, and responsibilities as enumerated therein and as prescribed by administrative regulations.
SECTION 4-202. Administrative reorganization.
The commission may, by ordinance, reorganize, combine, unify, consolidate, or discontinue any department or agency of the unified government subject to the jurisdiction of the commission and may, by ordinance, prescribe the functions and duties thereof and may establish, abolish, or alter all nonelective offices and positions of employment as necessary for the proper administration of the unified government.
SECTION 4-203. Appointment of directors of departments.
All directors of departments under the supervision and direction of the manager shall be appointed by the manager. The directors of all such departments shall serve at the pleasure of the manager.

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SECTION 4-204. Departments under state or federal law.

All departments which are created pursuant to state or federal law and which administer various state and federal programs and services shall continue their operations without interruption resulting from the adoption of this charter.

CHAPTER3 Merit system of personnel administration.

SECTION 4-301. Establishment of merit system.

(a) The commission shall establish, by ordinance, a merit system of personnel administration for Lakeland-Lanier County, Georgia. All positions in the service ofLakeland-Lanier County, Georgia, shall be in the classified service of the merit system except the following which are declared to be in the unclassified service:
(l) Officers elected by the people and persons appointed to fill vacancies in elective offices; (2) Members of boards and commissions; (3) Directors of departments; (4) Persons temporarily employed in a professional or scientific capacity or to conduct a special inquiry, investigation, examination, or installation; (5) Temporary and part-time employees; and (6) Such other employees as may be excluded from coverage under the merit system as provided by ordinance or other applicable law. (b) The merit system of personnel administration shall provide for classification of positions, the manner and method of publicizing vacancies, employing and appointing personnel, the qualifications of employees, employee performance evaluations, salaries, hours of employment, vacations, sick leave, special workers compensation, job security, promotion, demotion, disciplinary procedures, transfer, layoff, removal, welfare of employees, retirement policy, payment of premiums of employee insurance benefits, grievance procedures, service awards, training leave, and any other measures that promote the hiring and retaining of capable, diligent, and honest career employees, all of which shall be in accordance with the concept of affirmative action as provided by federal law.

4426 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CHAPTER4 Boards, commissions, and authorities.
SECTION 4-401. Certain boards, commissions, and authorities continued.
All existing boards, commissions, and authorities are continued without interruption on January 1, 2006. As used in the Acts and amendments c.reating the existing boards, commissions, and authorities, the terms "Lakeland City Commission" and "Lanier County Board of Commissioners" shall mean the Commission of Lakeland-Lanier County, Georgia, and the terms "mayor of the City of Lakeland" and "chairman of the Lanier County Board of Commissioners" shall mean the chairperson ofLakeland-Lanier County, Georgia.
ARTICLE V JUDICIARY
Section 5-l 01. Superior court and district attorney; unaffected by charter; redesignation.
Section 5-l 02. Juvenile court; unaffected by charter; redesignation. Section 5-103. Probate court; unaffected by charter; redesignation. Section 5-104. Magistrate court; unaffected by charter; redesignation. Section 5-105. Municipal Court of the City of Lakeland; continuation of
operations in the court of the unified government.
ARTICLE V JUDICIARY
SECTION 5-101. Superior court and district attorney; unaffected by charter; redesignation.
The Superior Court of Lanier County, including the offi.ce of the district attorney, shall continue its operations without interruption resulting from the adoption ofthis charter, and nothing in this charter shall be construed as affecting the status ofsaid court. The court shall be known as the Superior Court of Lakeland-Lanier County, Georgia.
SECTION 5-102. Juvenile court; unaffected by charter; redesignation.
The Juvenile Court of Lanier County shall continue its operations without interruption resulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the Juvenile Court ofLakeland-Lanier County, Georgia.

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SECTION 5-103. Probate court; unaffected by charter; redesignation.

The Probate Court of Lanier County shall continue its operations without
interruption resulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the Probate Court ofLakeland-Lanier County, Georgia.

SECTION 5-104. Magistrate court; unaffected by charter; redesignation.
The Magistrate Court of Lanier County shall continue its operations without
interruption resulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the Magistrate Court ofLakeland-Lanier County, Georgia.

SECTION 5-105. Municipal Court of the City of Lakeland; continuation of operations
in the court of the unified government.

On January I, 2006, the operations and employees of the Municipal Court of the City of Lakeland shall continue as the operations and employees of a court of the Unified Government ofLakeland-Lanier County. The judge ofthy Municipal Court of the City of Lakeland shall be authorized to serve as the municipal judge of said
court.

ARTICLE VI ELECTIONS

CHAPTER 1 Conduct of elections.

Section 6-10 I. Applicability of general laws. Section 6-102. Regular election; time for holding; voting; districts. Section 6-103. Special elections.

CHAPTER2 Election districts; reapportionment.

Section 6-201. Reapportionment of election districts.

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ARTICLE VI ELECTIONS CHAPTER 1 Conduct of elections.
SECTION 6-101. Applicability of general laws.
Except as otherwise provided by this charter, primaries and regular and special elections shall be conducted in accordance with provisions of Chapter 2 ofTitle 21 of the O.C.G.A., the "Georgia Election Code." As used in said code, the tenn "election" or "general election" shall be construed to include the term "regular election" as provided in Section 6-102 of this charter; the term "governing authority" shall include the chairperson and the commissioners of Lakeland-Lanier County, Georgia; the term "municipal," "municipality," or "county" shall include Lakeland-Lanier County, Georgia; and the term "public office" shall include elective offices of Lakeland-Lanier County, Georgia.
SECTION 6-102. Regular election; time for holding; voting; districts.
(a) For purposes ofelecting commissioners, other than the chairperson, the territory of Lakeland-Lanier County is divided into four commissioner districts. One member of the commission shall be elected from each such district. The Commissioner Districts 1 through 4 shall be and correspond to those four numbered districts described in and attached to and made a part ofthis Act as Appendix Band further identified as Plan Name: lanierccsbp I Plan Type: Local User: staff Administrator: Lanier Co. (b) When used in such attachment, the terms "Tract" and "BG" (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which
are underneath a "BG" heading shall mean and describe individual Blocks within
a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Lanier County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of2000 for the State of Georgia. Any part of Lanier 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

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the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (c) No person shall be a member of the commission 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. (d) In order to be elected or appointed as a member of the commission from a commissioner district, a person must have resided in that district for at least 12 months prior to election or appointment thereto and, if elected, must receive the number of votes cast for that office, as required by general law, in that district only and not at large. Only electors who are residents of that commissioner district may vote for a member of the commission for that district. At the time of qualifYing for election as a member of the commission 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 conunission from a commissioner district must continue to reside in that district during that person s term of office or that office shall become vacant. (e) The chairperson may reside anywhere within the territory ofLakeland-Lanier County and, if elected, must receive the number of votes cast for that office, as required by general law, in the entire territory of Lakeland-Lanier County. The chairperson must continue to reside within the territory ofLakeland-Lanier County during that person s term of office or that office shall become vacant. (f) The first chairperson and the first members of the Commission of Lakeland-Lanier County shall be elected at a special election which shall be conducted at the time of the general election on the Tuesday next following the first Monday in November, 2005. The chairperson and those members of the commission elected thereto from Commissioner Districts I and 3 in 2005 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 commission elected thereto from Commissioner Districts 2 and 4 in 2005 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. Those and all future successors to the chairperson and members of the commission whose terms of office are to expire shall be elected at 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 commission shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (g) All members of the commission 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."

4430 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6-103. Special elections.
All special elections shall be held and conducted in accordance with applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," that govern the conduct of county elections.
CHAPTER2 Election districts; reapportionment.
SECTION 6-201. Reapportionment of election districts.
(a) The election district boundaries of the unified government shall be reapportioned following the publication of each official federal decennial census ofthe population ofLakeland-Lanier County, Georgia. Such reapportionment shall be accomplished by the adoption of an amendment to this charter by the General Assembly of Georgia. (b) The reapportionment of election districts shall comply with the following specifications:
( 1) Each election district shall be formed ofcontiguous territory and its boundary lines shall be the center lines of streets or other well-defined boundaries as utilized by the United States Bureau of the Census; and (2) Such election districts shall be as nearly equal in population as practicable, and they shall comply with the requirements of the federal Voting Rights Act of 1965, as amended. (c) Any reapportionment of election districts shall apply to officials of the unified government elected at the next regular election following such reapportionment.
ARTICLE VII REVENUE AND FINANCE
CHAPTER 1 Taxation and other revenues.
Section 7-10 1. Levy and collection of taxes, fees, charges, and assessments; appropriations.
Section 7-102. Collection of delinquent taxes and fees. Section 7-103. Homestead exemptions. Section 7-104. Tax and services districts; taxation therein.

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CHAPTER2 Borrowing and indebtedness.

Section 7-201. Issuance of general obligation bonds. Section 7-202. Debt limitation; general obligation bonds. Section 7-203. Revenue bonds. Section 7-204. Use of bond proceeds. Section 7-205. Allocation of indebtedness.

CHAPTER3 Financing of services.

Section 7-30 I. General and urban services districts. Section 7-302. Creation of services districts by ordinance. Section 7-303. Requirements for defining boundaries. Section 7-304. Notice of hearing prior to adoption of ordinance.

CHAPTER4 Financial administration.

Section 7-401. Fiscal year. Section 7-402. Preparation of budgets. Section 7-403. Scope ofbudgets. Section 7-404. Submission of budgets to the commission. Section 7-405. Adoption of budgets. Section 7-406. Property tax levies. Section 7-407. Limitation of funds. Section 7-408. Transfer of funds. Section 7-409. Lapse of appropriations. Section 7-410. Continuing audit.

CHAPTER5 Procurement and disposition of property.

Section 7-50 I. Contracting procedures. Section 7-502. Sale and disposition of property.

4432 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE VII REVENUE AND FINANCE
CHAPTER 1 Taxation and other revenues.
SECTION 7-101. Levy and collection of taxes, fees, charges, and assessments; appropriations.
(a) For the purpose of raising revenue for the support and maintenance of the government of Lakeland-Lanier County, Georgia, the commission shall have full power and authority to levy and collect taxes to the extent provided in this section and to appropriate funds and expend money:
(1) For the purposes authorized by this charter; (2) For the discharge of the powers, duties, obligations, liabilities, and functions specified in this charter; (3) For any and all purposes and any and all subjects of taxation for which the City of Lakeland or Lanier County may have been authorized and in accordance with those authorizations to levy and collect taxes and to appropriate and expend funds under the Constitution or any general or special law of Georgia applicable to the City of Lakeland or Lanier County on January 1, 2006; and (4) For any purpose authorized by the Constitution or any general or special law of Georgia applicable to municipal corporations and counties generally now of force or hereafter enacted. (b) The commission shall have full power and authority to levy and collect the following taxes, charges, and assessments: (1) Ad valorem taxes on all real and personal property situated within Lakeland-Lanier County, Georgia, which is subject to taxation for state, county, and municipal purposes, or for any other public purpose, to the full extent permitted by the Constitution and laws of Georgia; (2) Occupation and business license taxes that are not prohibited by the Constitution and general laws of Georgia. These taxes may be levied upon any person, firm, partnership, company, or corporation which transacts business within Lakeland-Lanier County, Georgia, or which practices or offers to practice any trade, business, calling, avocation, or profession therein. The commission may classify businesses, occupations, professions, or callings for the purpose of these taxes in any manner as is reasonable. The commission shall have authority to provide by ordinance for the return or registration for taxation of any trade, business, calling, avocation, or profession subject to such taxes. In levying and collecting those taxes the commission, by ordinance, may require any person. firm, partnership, company, or corporation which transacts business within Lakeland-Lanier County, Georgia, or which practices or offers to practice anY trade, business, calling, avocation, or profession therein to obtain a license or permit for these activities from the unified government and to pay a reasonable fee for the license or permit for the regulation of any activities not prohibited by

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general law. The commission, by ordinance, may establish reasonable requirements for obtaining or keeping licenses as the public health, safety, and welfare necessitate, including, but not limited to, denial or revocation for any violation of federal or state law or local ordinance; (3) An excise tax on rooms, lodgings, or accommodations as now or hereafter provided by law for counties and municipalities; (4) License fees and taxes on insurance companies as authorized by Code sections 33-8-8 through 33-8-8.6 of the O.C.G.A.; (5) A public utility franchise tax, fee, or both, on each electric light and power company, gas company, telephone and telegraph company, and other public utility making use of the roads, streets, alleys, or other public ways of the unified government for the purpose of rendering services therein; (6) Franchise fees on cable television systems as now or hereafter provided by law for counties; (7) Fees, assessments, and charges for the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, storm sewers, drainage structures, or other utility mains and appurtenances from the abutting property owners under any terms and conditions as provided by ordinance; (8) Fees, assessments, charges, and tolls for sanitary and health services or any other services rendered within and outside the limits of the unified government under such terms and conditions as provided by ordinance; (9) All other such taxes, charges, or assessments as the City of Lakeland or Lanier County is authorized and empowered to make and collect upon January 1, 2006, which powers may be exercised throughout the area of the unified government, or appropriate portions thereof, including any tax now or hereafter authorized by state 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 ofthe commission to govern its local affairs. When authorized by this charter or a statute or the Constitution of the State of Georgia, the commission shall have full power and authority to assess, levy, charge, and collect taxes, rentals, interest, fees, penalties, fines, and costs; to receive income on investments; to accept funds, services, or property from other political subdivisions and public agencies, either local, state, or national, and from private persons, firms, or corporations; and to contract with them for any public purpose; (10) An excise tax upon the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink as now or hereafter provided by law for counties and municipalities; (11) An excise tax upon the sale, transfer, or dispensing of malt beverages and alcoholic beverages within Lakeland-Lanier County, Georgia, by wholesale or retail dealers as now or hereafter provided by law for counties and municipalities. In addition, the commission shall have the authority to impose, assess, levy, and collect an excise tax upon the sale, transfer, or dispensing of wine by wholesale

4434 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or retail dealers within Lakeland-Lanier County, Georgia, as now or hereafter provided by law for counties and municipalities; and (12) Such other taxes and charges as provided by law.
SECTION 7-102. Collection of delinquent taxes and fees.
The collection of delinquent taxes and fees shall be as provided in state law for the collection of delinquent property taxes by counties.
SECTION 7-103. Homestead exemptions.
The homestead exemptions provided under the Constitution and laws of Georgia presently in force or as hereafter amended shall be applicable to all such property subject to ad valorem taxes within Lakeland-Lanier County, Georgia.
SECTION 7-104. Tax and services districts; taxation therein.
(a) The general services district as defined and authorized in paragraph (l) of subsection (a) ofSection 7-301 of this charter shall constitute a general services tax district wherein the commission shall levy and collect taxes and shall appropriate money to perform and discharge those powers, functions, and services provided therein by the unified government. (b) The urban services district as defined and authorized in paragraph (2) of subsection (a) of Section 7-301 of this charter together with any enlargement or
modification thereof pursuant to the provisions of this charter shall constitute an
urban tax district in which the commission may levy and collect additional taxes and may appropriate additional money therefrom to perform and discharge those additional powers, functions, and additional services provided therein by the unified government. (c) The assessment of real and personal property for ad valorem tax purposes shall be upon a uniform basis throughout the entire area of the unified government; provided, however, that the rate and manner of additional taxation of services districts may vary in any services tax district from that in another or other services tax districts in such a way as to reflect reasonably the kind, character, type, degree, and level of services afforded to such services tax district or districts.

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CHAPTER2 Borrowing and indebtedness.

SECTION 7-201. Issuance of general obligation bonds.

(a) The commission shall be authorized to issue and sell general obligation bonds, after approval of the qualified voters, under the provisions of the Constitution and general laws of Georgia for any public purpose for the benefit of the unified government or any tax district or services district thereof; provided, however, that for the purpose of issuing and selling such general obligation bonds, the unified government shall be deemed a county and the provisions of the Constitution and laws of Georgia governing the limitations, terms, and procedures for the issuance and sale of bonds by counties shall apply to the unified government unless otherwise provided by this charter. (b) All general obligation bonds shall be issued in the name of Lakeland-Lanier County, Georgia, and shall be an obligation thereof, and the full faith and credit of the unified government shall be pledged for all general obligation bonds issued thereunder which are payable from ad valorem taxes; and, for such purpose, the commission shall have the authority to levy and collect ad valorem taxes on all taxable property within the territorial limits of the unified government.

SECTION 7-202. Debt limitation; general obligation bonds.

The total general obligation bond indebtedness of the unified government payable from ad valorem taxes including all outstanding general obligation bonds of the former City of Lakeland and Lanier County on January 1, 2006, shall not exceed
10 percent of the assessed value of all taxable property within the territorial limits
of the unified government.

SECTION 7-203. Revenue bonds.

The commission shall be empowered and authorized to issue revenue bonds for the purposes and in the manner as now or hereafter provided by Article 3 of Chapter 82 ofTitle 36 of the O.C.G.A., the "Revenue Bond Law."

SECTION 7-204. Use of bond proceeds.

All revenue derived by the unified government from the issuance and sale ofbonds shall be used exclusively for the purposes for which such bonds were issued, and

4436 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
all ad valorem taxes collected for the purpose of servicing or retiring such bonds shall be used exclusively for the P.ayment of principal and interest thereof.
SECTION 7-205. Allocation of indebtedness.
(a) All general indebtedness of Lanier County, whether represented by general obligation bonds or otherwise, which may be outstanding on January I, 2006, shall be allocated to the general services district as defined in paragraph (I) of subsection (a) of Section 7-301 of this charter and is recognized as the obligation of the general services district of Lakeland-Lanier County, Georgia. All general indebtedness of the City of Lakeland, whether represented by general obligation bonds or otherwise, which may be outstanding on January I, 2006, shall be allocated to the urban services district as defined in paragraph (2) of subsection (a) of Section 7-3 0 l of this charter. The commission is authorized to levy taxes and otherwise provide for the retirement of such indebtedness, subject to the terms of this charter. Any funds in the control of the heretofore existent City of Lakeland and Lanier County, now unified into Lakeland-Lanier County, Georgia, by this charter, which theretofore had been allocated to the retirement of any bonded indebtedness of said municipality and county shall be so applied by the commission. (b) All general obligation bonds issued prior to January I, 2006, by Lanier County and all bonds authorized but unissued by Lanier County on January I, 2006, and thereafter issued by Lakeland-Lanier County, Georgia, shall be allocated to the general services district, and the principal of and interest on such bonds shall be paid from ad valorem taxes or other revenues collected in the general services district. All general obligation bonds issued prior to January l, 2006, by the City of Lakeland and all bonds authorized but unissued by the City of Lakeland on January l, 2006, and thereafter issued by Lakeland-Lanier County, Georgia, shall be allocated to the urban services district, and the principal and interest on such bonds shall be paid from ad valorem taxes or other revenues collected in the urban services district. (c) Any revenue bonds issued prior to January l, 2006, by the City of Lakeland or Lanier County under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and any such revenue bonds authorized but unissued by said city or county on January l, 2006, and thereafter issued by Lakeland-Lanier County, Georgia, shall be payable as to principal and interest from the revenues or sources and in the manner provided in the proceedings which authorized the issuance of such revenue bonds. (d) Neither the allocation of bonds to the general services district nor any of the other provisions of this charter shall impair or diminish any of the rights, revenues, or security and source for payment of any of such bonds or revenue bonds issued by the City ofLakeland or by Lanier County prior to January l, 2006, or authorized but unissued by the City of Lakeland or by Lanier County on January l, 2006, and

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thereafter issued by Lakeland-Lanier County, Georgia; and such holders of such bonds or revenue bonds shall have and be entitled to enforce any and all rights, remedies, and security and sources for payment granted such holders by the proceedings which authorized the issuance of such bonds or revenue bonds as fully and to the same extent as if this charter had not been adopted.

CHAPTER3 Financing of services.

SECTION 7-301. General and urban services districts.

(a) In Lakeland-Lanier County, Georgia, there shall be: (1) A general services district which shall consist of the total area of Lanier County as fixed and established upon January 1, 2006, or as thereafter modified according to law; (2) An urban services district which shall consist ofthe area embraced within the corporate limits of the City of Lakeland as the same exists upon the day immediately preceding January 1, 2006, or as such district may be expanded as provided in this section; and (3) Such special services districts as the commission may subsequently establish.
(b) All other tax districts existing in the City of Lakeland or Lanier County immediately prior to January 1, 2006, are continued in effect by this charter. (c) Such services districts shall be tax districts wherein taxes and other assessments shall be assessed, levied, and collected by the unified government in accordance with the kind, character, type, and degree of services actually provided therein and may vary in any one services district from that of another or other districts in accordance with the provisions of this charter. The powers, authority, duties, liabilities, services, and functions ofLakeland-Lanier County, Georgia, may vary in any services district from that in another or other services district. (d) The unified government is empowered to exercise and provide within the general services district and within any urban services district established by this charter or by ordinance of the commission those powers, functions, and services .which have theretofore been exercised and provided by Lanier County or the City ofLakeland, or both; all powers, functions, and services authorized by this charter, and any amendments thereto; and all powers, functions, and services which counties and municipal corporations, or both, are now or hereafter authorized to exercise under the Constitution and laws of Georgia. (e) The unified government shall perform or procure the performance within the general services district ofthose governmental duties, functions, and services which are generally available and accessible to all residents throughout the total territory of the unified government. '(f) The unified government shall perform within its urban services districts tho'se :additional, more comprehensive, intensive, and higher levels of governmental

4438 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
duties, functions, and services which benefit primarily the residents of such urban services districts.
SECTION 7-302. Creation of services districts by ordinance.
Except as otherwise provided by this charter, services districts of the unified government shall be created, expanded, merged, unified, or reduced only by ordinance duly adopted by the commission under such general rules, procedures, regulations, requirements, and specifications as are established by the commission and this charter. Such rules and regulations shall set forth the manner and method for the creation of new services districts and the expansion, unification, reduction, or merger ofexisting services districts; set forth requirements for defining functions and policies for rendering services, for changing levels of services within existing services districts, and for transferring territory from one services district to another; and set forth requirements for defining boundaries of services districts.
SECTION 7-303. Requirements for defining boundaries.
Whenever in this charter it is required that the boundaries of a services district be set out, it shall suffice if the boundaries are described in such a way as to conve~ an intelligent understanding of the location of the land. In the discretion of the commission, the boundaries may be described: (1) by reference to a map; (2) b~ metes and bounds; (3) by general description referring to roads or natural boundaries or to the boundaries of particular tracts or parcels of land; or (4) by an~ combination of the methods described in this section.
SECTION 7-304. Notice of hearing prior to adoption of ordinance.
Before it adopts any ordinance authorized or described in Sections 7-301 through 7-303 of this charter, the commission shall give notice of its intentions to consider the ordinance and shall provide an opportunity for interested persons to be heard as is provided for in Section 1-105 of this charter.
CHAPTER4 Financial administration.
SECTION 7-401. Fiscal year.
The fiscal year of Lakeland-Lanier County, Georgia, shall begin on the first day of July of each year and shall end on the thirtieth day of June next following. The

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commission may adopt a different fiscal year by ordinance, which shall not be effective until at least six months after the date of adoption thereof. The fiscal year shall constitute the budget year and the year for financial accounting and reporting ofeach and every office, department, institution, agency, and activity ofthe unified government, unless otherwise provided by state or federal law.

SECTION 7-402. Preparation of budgets.

The preparation of annual budgets shall be as prescribed by ordinance and provisions of this charter.

SECTION 7-403. Scope of budgets.

(a) There shall be two annual budgets: (1) The annual operating expenses budget shall apply only to the operating expenses of the unified government; and (2) The capital improvements budget shall apply only to capital improvement expenses of the unified government.
(b) Each section of the annual operating expenses budget and the capital improvements budget shall contain with respect to each of the operating funds of the government of Lakeland-Lanier County, Georgia, to which they are applicable:
(1) A reasonable estimate of cash revenues to be received during the ensuing year, classified according to source; (2) Proposed expenditures detailed by each department, board, commission, office, agency, and activity in accordance with an established classification of accounts, including those capital outlays which are to be financed from the revenues of the ensuing year and including all debt service requirements in full for such fiscal year; and (3) Such other information as may be considered necessary or desirable by the manager, the chairperson, or the commission. (c) In no event shall the total proposed expenditures from any fund exceed the total anticipated revenues plus the estimated unappropriated surplus or fund balance and applicable reserves less any estimated deficit at the end of the current fiscal year. (d) The capital improvements budget shall describe capital projects anticipated, the proposed expenditures therefor, and the revenues or other sources of funds anticipated to finance such capital projects.

SECTION 7-404. Submission of budgets to the commission.

(a) In advance of initiating preparation of the annual budgets, the chairperson, with participation of the commission, shall develop a statement of the general fiscal

4440 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
policies ofLakeland-Lanier County, Georgia, the important features ofthe budgets, explanations of major changes recommended for the next fiscal year, a general summary of the budgets, and such other comments and information as may be deemed pertinent. (b) On or before a date fixed by the commission but not later than 60 days prior to the beginning of each fiscal year, the chairperson of the unified government shall submit to the commission a proposed operating expenses budget and a proposed capital improvements budget for the ensuing fiscal year. Such budgets shall be accompanied by a message from the chairperson containing a statement of the general fiscal policies of Lakeland-Lanier County, Georgia, 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 comments and information as may be deemed pertinent. A summary of the budgets and the chairperson's message thereon shall be published in a newspaper ofgeneral circulation designated as the legal organ of Lakeland-Lanier County. The operating expenses budget and the capital improvements budget, the budget message, and all supporting schedules shall be filed in the manager s office and shall be open to public inspection.
SECTION 7-405. Adoption of budgets.
(a) The commission shall approve or reject the proposed operating expenses budget. Such budget as finally adopted must provide for all expenditures required by 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, constituting the resources available of such fund. (b) The commission shall adopt the final annual operating expenses budget for the ensuing fiscal year not later than the thirtieth day of June of each year and such budget shall be effective for the fiscal year beginning on the first day ofJuly. In the event the commission fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year, with appropriate items prorated accordingly until such time as the commission shall adopt an operating expenses budget for tho ensuing fiscal year. Adoption of the operating expenses budget shall take the follll of an appropriations ordinance setting out estimated revenues in detail by source
and making appropriations accordingly to fund organizational units, purposes, or
activities as set forth in the operating expenses budget. (c) The amount set out in the adopted operating expenses budget for each organizational unit, purpose, or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable.

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(d) The commission shall adopt by ordinance the capital improvements program and capital improvement expenses budget for the ensuing fiscal year not later than the thirtieth day of June of each year. The adopting ordinance shall show in detail the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the commission and shall be in full conformity with that part of the capital iJDprovements program applicable to the year which it covers. Amounts specified
as intended to be spent out of new appropriations shall, upon enactment of the
ordinance adopting the capital improvement expenses budget, constitute appropriations of such amounts.

SECTION 7-406. Property tax levies.

Following the adoption of the annual operating expenses budget and the capital iJDprovements budget for each fiscal year:
(1) The commission shall levy by ordinance a general services district tax on all real and personal property within the general services tax district as provided by this charter. The tax rate set by such ordinance shall be such that a reasonable estimate ofcash revenues from such levy shall be at least 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 expenses budget for defraying the expenses of the general services district for services to be rendered throughout the entire area ofLakeland-Lanier County, Georgia. Such services shall include those functions set forth in subsections (c) and (d) of Section 7-30 1 of this charter, and such other purposes, functions, and services as may be authorized by the laws of Georgia, by this charter, or by ordinance of the commission; (2) The commission shall levy by ordinance an urban services district tax on all real and personal property within the urban services tax district as authorized by this charter. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy shall be at least 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 expenses budget for defraying the expenses of a higher level of services to be rendered in urban services districts; and (3) The commission shall levy by ordinance a special services district tax on all real and personal property within the special services tax district as authorized by this charter. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy shall be at least 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 expenses budget for defraying the expenses of a higher level of services to be rendered in a special services district.

4442 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7-407. Limitation of funds.
Upon certification by the manager that the revenues or other resources actually realized with respect to any fund will be less than was anticipated and will be insufficient to meet the amounts appropriated from such fund, it shall be the duty of the manager upon the instruction of the chairperson of the unified government to limit such appropriations as may be necessary to prevent deficit operation.
SECTION 7-408. Transfer of funds.
Upon recommendation of the manager and approval of the chairperson, the commission may make interfund or interdepartmental transfers in the current operating expenses budget or capital improvements expenses budget at any regular or special meeting called for such purpose, provided that funds are also available.
SECTION 7-409. Lapse of appropriations.
All unencumbered balances of appropriations in the current operating expenses 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 7-410. Continuing audit.
(a) The commission shall have conducted a continuing internal audit of the fiscal affairs and operations of every department, office, and agency of the unified government. (b) The commission shall provide annually for an independent audit ofthe accounts and other evidences of financial transactions of the unified government of Lakeland-Lanier County, Georgia, and of every office, department, board, commission, authority, or other agency. The audit shall be made by a certified public accountant who shall have no personal interest, direct or indirect, in the fiscal affairs of Lakeland-Lanier County, Georgia, or of any of its departments, offices, boards, commissions, authorities, or agencies. The commission shall by competitive bids, taking into consideration the lowest and best bid, designate such accountant or firm annually or for a period not exceeding three years.
(c) The audit may be conducted on a quarterly or continuing basis and the final
report of the annual audit shall be completed as soon as practicable after the close of the fiscal year, and in no event later than six months after the close of the fiscal year. The audit report shall be filed with the manager and made available to the public.

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(d) The commission may at any time order an examination or special audit of any office, department, board, commission, or other agency ofLakeland-Lanier County,

Georgia.

CHAPTERS

Procurement and disposition of property.

SECTION 7-501. Contracting procedures.

The commission shall prescribe by ordinance rules and regulations which must be followed in the making of contracts in order to bind the government of Lakeland-Lanier County, Georgia. Except where otherwise provided by law or by ordinance, all contracts of the government of Lakeland-Lanier County, Georgia, shall be signed by the chairperson and authenticated by the manager.

SECTION 7-502. Sale and disposition of property.

(a) The commission is authorized to sell any real or personal property owned or held by Lakeland-Lanier County, Georgia, and not needed for governmental or other public purposes in such manner as is required in state law for counties, as provided for in Code Sections 36-9-2 and 36-9-3 of the O.C.G.A. (b) The commission is empowered to authorize the following transactions:
(l) A transfer of any real or personal property owned by Lakeland-Lanier County, Georgia, to another governmental entity upon finding that such transfer is in the public interest; (2) A sale of any such property to another governmental entity; and (3) An exchange of such property for property that is owned privately or by some other governmental entity. In each instance, whether the property is transferred, sold, or exchanged, the requirements of a public sale shall not be required; but a statement thereof shall be published in the newspaper designated as the legal organ of Lakeland-Lanier County once a week for the two weeks preceding the day in which such transaction is to be concluded. Such statement shall contain a description of the property or properties involved and the prices and estimated values as to each item ofproperty. (c) Lakeland-Lanier County, Georgia, may quitclaim any rights it may have in property not needed for public purposes upon a report by the manager ofthe unified government and the adoption by the commission of a resolution, both finding that the property is not needed for public purposes and that the interest of the unified government of Lakeland-Lanier County, Georgia, therein has no readily ascertainable monetary value. (d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of Lakeland-Lanier County, Georgia, a small parcel or tract ofland is cut off or separated by such work from a larger tract of land owned by

4444 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Lakeland-Lanier County, Georgia, the commission may authorize the execution and deliverance in the name of the unified government of Lakeland-Lanier County, Georgia, of 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 in said street, avenue, alley, or public place, or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances so executed and delivered shall convey all title and interest the unified government of Lakeland-Lanier County, Georgia, has in such property.
ARTICLE VIII GENERAL PROVISIONS
Section 8-10 I. Application of laws; laws in force. Section 8-102. Limitation on claims and service. Section 8-103. Tort and nuisance liability. Section 8-104. Conflict of laws. Section 8-105. Competitive bidding. Section 8-106. Execution of assessments. Section 8-107. Authority to deal with federal and state agencies. Section 8-108. Federal and state aid. Section 8-109. Budgets of county officers and agencies. Section 8-110. Existing pension rights protected. Section 8-111. Establishment of new pension systems; merging of existing
systems. Section 8-112. Amending charter. Section 8-113. Fidelity bonds. Section 8-114. Examples ofpowers. Section 8-115. Provision of services. Section 8-116. The overview commission. Section 8-117. Historic items. Section 8-118. Section captions. Section 8-119. Effect of repeals.
ARTICLE VIII GENERAL PROVISIONS
SECTION 8-101. Application of laws; laws in force.
(a) The general laws ofthe State ofGeorgiaofacriminal nature shall be applicable to and within the limits of the unified government. General laws of local application through classification by population, not in conflict with this charter:
(1) Which on January 1, 2006, apply to the City of Lakeland or Lanier CountY Georgia, shall be applicable to the unified government; and

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(2) Which apply to the unified government as either a city or a county at the time of their enactment or thereafter shall be effective; but those which did not apply to the City of Lakeland or Lanier County or the unified government at the time of their enactment shall not become applicable to the unified government except through the adoption of a resolution to that effect by the commission. (b) Local Acts of the State of Georgia which apply specifically to either Lanier county or the City of Lakeland, or both, shall be applicable to the unified
government. (c) In construing the applicability ofprovisions of the Constitution and the general laws of Georgia which apply in general terms to either counties or municipalities, or both, and local Acts of the General Assembly that apply specifically to Lanier County or the City of Lakeland, or both, the following terms as used in such laws shall be construed to include the unified government as follows:
(I) "County" shall be construed to include Lakeland-Lanier County, Georgia; (2) "City," "town," "municipal corporation," or "municipality" shall be construed to include Lakeland-Lanier County, Georgia; (3) "Commissioners of roads and revenues" and "board of county commissioners" shall be construed to include the Commission of Lakeland-Lanier County, Georgia; (4) "Council," "mayor and commission," "aldermen," and "board of aldermen" shall be construed to include the Commission of Lakeland-Lanier County, Georgia; (5) "Chairman of the commissioners of roads and revenues" and "chairman of the board ofcounty commissioners" shall be construed to include the chairperson of Lakeland-Lanier County, Georgia; (6) "Mayor" shall be construed to include the chairperson of Lakeland-Lanier County, Georgia; and (7) Any other terms and provisions as used in such Acts to refer specifically to Lanier County or the City of Lakeland, or both, and the officers, employees, departments, and agencies thereof shall be construed to mean Lakeland-Lanier County, Georgia, and its officers, employees, departments, and agencies. (d) In construing the applicability of laws in force to the unified government, the following order shall prevail: (1) The Constitution of the State of Georgia; (2) The general laws ofuniform application now in force or hereafter enacted by the General Assembly, as distinguished from general laws of local application through classification by population, applicable to municipal corporations or counties, or both; (3) The general laws oflocal application through classification by population as and to the extent provided in subsection (a) of this section; (4) Special laws applicable to Lanier County, not in conflict with this charter; (5) Special laws applicable to the City of Lakeland, not in conflict with this charter; (6) This charter and all ordinances and resolutions passed pursuant thereto; and

4446 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(7) Existing ordinances and resolutions of the former City of Lakeland and existing ordinances and resolutions ofthe former County of Lanier not in conflict with this charter.
SECTION 8-102. Limitation on claims and service.
(a) All contractual claims against the unified government shall be presented within 12 months after they accrue or become payable or the same as claimed, unless held by minors or other persons laboring under disabilities, who are allowed 12 months after the removal of such disability. (b) Service on the unified government of any suit, process, or order of court shall be served upon the chairperson.
SECTION 8-103. Tort and nuisance liability.
The tort and nuisance liability of the unified government shall follow the law and rules of tort liability applicable to counties in Georgia.
SECTION 8-104. Conflict of laws.
For purposes of all applicable laws, the unified government shall constitute a municipality and a county, or both. Except as otherwise provided by this charter, if a law applicable to municipalities and the same or another law applicable to counties are in conflict, the law applicable to municipalities shall prevail.
SECTION 8-105. Competitive bidding.
All departments and agencies of the unified government must utilize competitive bidding procedures, as specified in an ordinance of the commission, for all purchases in excess of an amount provided for in an ordinance of the commission, unless such purchase shall be otherwise approved by five of the seven commissioners.
SECTION 8-106. Execution of assessments.
Whenever any tax or special assessment is authorized or empowered to be levied or imposed by this charter which is required to be collected by the unified government and such is not paid within the time period specified by the commission and no specific provision is elsewhere provided in this charter for its

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collection, then the manager shall issue execution in the name of the unified government against such person, firm, or entity liable therefor or property subject thereto for such sums as may be due with interest at the legal rate from due date and penalties and costs. The unified government shall have the right to enforce payment of such execution by levy and sale as in the case of county taxes, and the purchaser at such sale shall acquire the same title and rights as a purchaser at a sale for county taxes. Executions issued by the manager of Lakeland-Lanier County, Georgia, and the levy and sale thereunder shall be governed by general law.

SECTION 8-107. Authority to deal with federal and state agencies.

The unified government shall have the power and authority to participate in, cooperate in, and take all necessary action with respect to any and all projects, programs, and undertakings of any nature authorized by any statute, rule, or regulation of the United States, the State of Georgia, or any federal or state agency orinstrumentality, including but not limited to community development, highways, aviation, aviation terminals, airports, airport facilities, municipal area or regional development, sewer and sewage disposal, public housing, housing for the aged, and transportation or mass transit or any phase thereof; to borrow money and issue promissory notes, general obligation bonds, or revenue bonds or a combination thereof for any such purposes in accordance with provisions of this charter; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the unified government is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency.

SECTION 8-108. Federal and state aid.

The unified government shall be deemed a county but shall also be deemed an incorporated city or municipality for the purpose of determining its right to receive and for the purpose of receiving state aid or grant in aid from the State of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private. The unified government shall be entitled to receive as state aid or as grant in aid from the State of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private, all funds to which a county is or may hereafter be entitled and also all funds to which an incorporated city or municipality is or may be hereafter entitled and to receive the same without diminution or loss by reason of unification. When state aid or other grant in aid is distributed to any county on the basis of population or area, or both, then the entire population and the total area of Lakeland-Lanier County, Georgia, shall be considered in calculating and determining the basis for such distribution. When state aid or other grant in aid is distributed to any county

4448 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
on the basis of rural area, rural road mileage, or rural population, or any combination thereof, then that area of the general services district outside of the urban services district or districts shall be deemed to constitute rural area, its road mileage to constitute rural road mileage, and its population to constitute rural population. When state aid or other grant in aid is distributed to any incorporated city or municipality on the basis of population or area, or both, then the population or the area of the urban services district or districts of Lakeland-Lanier County, Georgia, shall be deemed the population and the area used in calculating and determining the basis of such distribution.
SECTION 8-109. Budgets of county officers and agencies.
All elected officers and all agencies not under the direct control and jurisdiction of the manager, such as the Board of Health and the Board of Family and Children Services, which receive appropriations from the commission, shall, on the same date as is applicable to budgets submitted by department heads, submit to the manager annual operating and capital budget requests for the ensuing fiscal year, Such budget requests, after any revisions therein by the manager and the chairperson, shall be incorporated into the overall unified government budgets for submission by the chairperson to the commission, which shall grant a hearing to any such officer or agency on such proposed budgets.
SECTION 8-110. Existing pension rights protected.
(a) Persons who, on January l, 2006, are employed by any office, department,
board, commission, or agency of the former City of Lakeland shall retain all
pension rights which have accrued to them under any existing pension system. The unified government shall continue in force and effect any existing pension system for city employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter. (b) Persons who, on January 1, 2006, are employed by any office, department.. board, commission, or agency of the former County of Lanier shall retain all rights which have accrued to them under any existing pension system. The unified government shall continue in force and effect any existing pension system for county employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter.

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SECTION 8-111. Establishment of new pension systems; merging of existing systems.

The commission is authorized and empowered to establish and maintain a new pension system or pension systems affecting new employees and such other employees as desire to be covered thereby and to revise, combine, and consolidate any pension system in effect on January 1, 2006; provided, however, that in no event shall any revision, combination, or unification of any existing pension system in effect when this charter is adopted result in the curtailment or diminishment of any right accrued under any existing pension system to any person heretofore employed by the City of Lakeland, Lanier County, or of any agency of such former governments.

SECTION 8-112. Amending charter.

This charter may be modified, rescinded, changed, or amended by only the following methods:
(l) An Act of the General Assembly of Georgia; or (2) An ordinance adopted by the Commission of Lakeland-Lanier County, Georgia, as provided for in Article IX, Section II, Paragraph I ofthe Constitution ofthe State of Georgia.

SECTION 8-113. Fidelity bonds.

All officers of the unified government, both elected and appointed, shall execute such official bonds in such amounts and upon such terms and conditions as the law or the commission may require.

SECTION 8-114. Examples of powers.

The powers of Lakeland-Lanier County, Georgia, shall include, but shall not be limited to, the following powers:
(l) Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all taxable property; (2) Other taxes: to levy, assess, and collect other taxes allowed by general law and in accordance therewith; (3) Business regulation and taxation: to levy, assess, and collect occupational and business taxes and to license and regulate occupations and businesses. Such taxes may be based on any one or combination of the following criteria:
(A) Gross receipts, notwithstanding the provisions of Code Section 48-8-6 of the O.C.G.A.;

4450 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(B) Square footage; (C) Number of employees; (D) Fixed fee; or (E) Any other criterion reasonably related to the purposes ofthis power; (4) Appropriations: to make appropriations and expend funds for support ofthe unified government and any other lawful purpose; (5) Debts: to borrow money and issue bonds as authorized by general law; (6) Property: to own property and interests in property; (7) Gifts: to accept gifts and grants for any purpose related to the powers and duties of the unified government on such terms as the donor may impose; (8) Condemnation: to condemn property inside the unified government for present or future use; (9) Public utilities: to acquire, lease, operate, and dispose of public utilities; (10) Franchises: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts; ( 11) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights of way thereon; (12) Public facilities: to acquire, operate, and dispose ofpublic buildings, public projects, parks, cemeteries, recreational facilities, and other public improvements inside the unified government; (13) Building regulation: to regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heating, and air-conditioning codes; (14) Planning and zoning: to adopt land use plans and exercise the power of zoning, subdivision regulation, and the like; ( 15) Police power: to exercise the police power for the public safety and well-being of the citizens of the unified government; ( 16) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads; ( 17) Health: to prescribe and enforce health and sanitation standards; ( 18) Pollution: to regulate emissions which pollute the air and water; ( 19) Fire safety: to fix fire limits and to prescribe and enforce fire safety regulations; (20) Public hazards: to provide for the destruction or removal of public hazards; (21) Waste disposal: to provide for and regulate the collection, disposal, and recycling of garbage and wastes; (22) Water and sewer fees: to fix and collect water and sewer fees; (23) Garbage fees: to fix and collect garbage fees; (24) Nuisances: to define and provide for the abatement of nuisances; (25) Property protection: to preserve and protect the property of the unified government; (26) Prisoners: to provide for public work by prisoners and for their confinement; (27) Animal control: to regulate or prohibit the keeping of animals;

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(28) Motor vehicles: to regulate the operation and parking of motor vehicles; (29) Taxicabs: to regulate vehicles operated for hire in the unified government; (30) Pensions: to provide and maintain a system of pensions and retirement for employees and officers of the unified government; (31) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements; (32) Contracts: to enter into lawful contracts and agreements; (33) Agencies: to create, alter, or abolish departments, boards, offices, commissions, authorities, and agencies of the unified government and to confer appropriate authority upon them; (34) Penalties: to provide penalties for violations of ordinances of the unified government; (35) Police and fire protection: to exercise,the power ofarrest through appointed police officers and to operate a fire department; (36) Emergencies: to provide for the determination, proclamation, and combating of emergencies; (37) Urban redevelopment: to organize and operate an urban redevelopment program; (38) Public transportation: to organize and operate public transportation systems;
and (39) General health, safety, and welfare: to define, regulate, and prohibit any act, practice, conduct, or use ofproperty which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the unified government.

SECTION 8-115. Provision of services.

When determining services to be provided, the unified government shall always attempt:
(1) To efficiently allocate resources to increase the quality oflife for all citizens of Lakeland-Lanier County; (2) To provide the highest quality services to all citizens of Lakeland-Lanier County; (3) To ensure efficient utilization of community resources; (4) To promote equity for all citizens in the delivery of governmental services throughout Lakeland-Lanier County; and (5) To recognize and consider the advantages of the provision of services through contractual arrangements with other governments and private enterprises.

SECTION 8-116. The overview commission.

(a) In order to provide a more efficient and responsive government for the citizens ofLakeland-Lanier County, an overview commission shall be established to review

4452 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the operation of the unified government. Such evaluation shall be completed every four years. (b) The overview commission shall be composed of a minimum of 22 individuals to be appointed by the grand jury sitting immediately prior to July 1, 2009. Members ofthe overview commission shall be registered voters in Lakeland-Lanier County and not members of the appointing grand jury. Three members shall be selected from each commission district and one member, who shall serve as chairperson, from the county at large. In making appointments to the overview commission, the grand jury shall solicit and consider applications from the citizens of Lakeland-Lanier County. (c) The overview commission shall be convened on July I, 2009, and shall complete its review on or before December 31, 2009. In reviewing the unified government, the following factors shall be considered:
(I) The goals and objectives of the unified government; (2) The extent to which the unified government has achieved its original objectives in an effective and responsible manner; (3) The performance and accomplishments of the agencies of the unified government in the preceding fiscal year, budgetary costs incurred, projected activities, and budgets; (4) The extent to which additional programs are needed; and (5) Any other relevant criteria that the overview commission considers necessary in its evaluation. (d) Upon completion of its review, the overview commission shall make recommendations to the new government in the same manner as grand jury presentments are normally made to a local government.
SECTION 8-117. Historic items.
It shall be the responsibility of the unified government to collect, preserve, and display documents and other items ofhistorical significance to the City ofLakeland and Lanier County.
SECTION 8-118. Section captions.
The captions to the several sections of this charter are informative only and are not to be construed as a part thereof.

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SECTION 8-119. Effect of repeals.

No law heretofore repealed, expressly or by implication, shall be revived by the
repeal herein of the repealing Act or by any provision of this charter that disclaims
an intention to repeal or affect enumerated laws.

ARTICLE IX TRANSITION PROVISIONS

Section 9-101. Provision of services during transition. Section 9-102. Protection and compensation of existing employees. Section 9-103. Effective date of charter. Section 9-104. Initial budgets. Section 9-105. Number of employees. Section 9-106. Cooperation of former governments. Section 9-107. Existing ordinances and resolutions continued in effect. Section 9-108. Contracts and obligations. Section 9-109. Dissolution of existing governments. Section 9-110. Transfer of records and equipment. Section 9-111. Officers serve until successors qualify. Section 9-112. Referenda on the charter. Section 9-113. Effective dates. Section 9-114. Repealer.

ARTICLE IX TRANSITION PROVISIONS

SECTION 9-101. Provision of services during transition.

In order to unify the two governments and to assure the common and continued administration of services currently provided by both the City of Lakeland and Lanier County, the following procedures shall apply:
(1) On January 1, 2006, all services currently provided by the county shall be provided through the general services district to all residents of the county and all services provided by the city shall be provided through the urban services district to the current residents of the City of Lakeland. Assuming the continued availability of state and federal funds, these service arrangements shall apply until modified as provided under the provisions set forth in this article; and (2) The unified government shall work with due speed to equalize the charges for all services throughout the county.

4454 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 9-102. Protection and compensation of existing employees.

(a) All full-time employees of the City of Lakeland and Lanier County and all

full-time employees of any department, office, or agency thereof shall, upon the

termination of said city and county governments and the inception of the unified

government, become employees of the unified government or of a department,

office, or agency thereof and shall be assigned to duties as similar in nature as may

be practicable within said government.

(b) No permanent full-time employee of the City of Lakeland or Lanier County

shall suffer any diminution of compensation resulting from the adoption of this

charter. The definition of compensation includes, but is not limited to, salary,

insurance and retirement benefits, annual and sick leave, and rights provided by a

merit system.

(c) On or by January 1, 2007, the unified government shall have begun

implementation of a plan that ensures that all employees performing the same

functions and having the same responsibilities receive uniform compensation by the

end of the fourth year of operation of the unified government. This requirement

that there be a uniform level of compensation throughout Lakeland-Lanier County

by the end of the fourth year does not require that there be any freeze on employee

compensation.

.

(d) Elimination of the duplication of functions shall be addressed through attrition

and reassignment. Therefore, no permanent full-time employee of the City of

Lakeland or Lanier County at the time of unification shall suffer any reduction of

compensation resulting from the adoption of this charter.

(e) No person shall be appointed to, removed from, or in any way favored or

discriminated against with respect to any position in the unified government

because of race, gender, religion, age, handicap, or national origin.

SECTION 9-103. Effective date of charter.

This charter shall become effective on January 1, 2006, except as otherwise provided in Section 9-113.

SECTION 9-104. Initial budgets.

(a) Until July 1, 2006, the unified government shall operate under the funds remaining from the fiscal year 2005-2006 of the combined budgets of the City oJ Lakeland and Lanier County. (b) The first full 12 month annual operating expenses budget and capital improvements expenses budget of the unified government (July I, 2006, to June 30, 2007) shall not exceed an amount equal to the combined 2005-2006 fiscal year

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budgets of the City of Lakeland and Lanier County, plus increases due to inflation as specified in figures from the United States government.

SECTION 9-105. Number of employees.

From January 1, 2006, until June 30, 2006, the total number of employees of the unified government shall not exceed the combined number ofemployees authorized for the governments of the City of Lakeland and Lanier County on January 1, 2006, except as otherwise mandated by law.

SECTION 9-106. Cooperation of former governments.

(a) All officers, officials, and employees ofthe former City ofLakeland and Lanier County shall cooperate with and assist the chairperson, the commission, the manager, and other officers of Lakeland-Lanier County, Georgia:
(1) In planning the unification of departments, boards, commissions, and agencies ofsaid former governments and in transferring the functions, duties, and responsibilities of such departments, boards, commtsswns, authorities, and agencies to the appropriate agencies of the unified government of Lakeland-Lanier County, Georgia; and (2) In all other respects in order that the transfer of the governments be accomplished in the most orderly manner possible. The officers ofthe unified government shall be entitled to examine all records, files, and other data in the possession of the former governments and of all officers, officials, employees, and departments thereof. The former governments shall, to the extent possible, provide working areas and facilities for the officers of the unified government. (b) A schedule for activity during the transition period is contained in Appendix A, attached to and made a part of this charter.

SECTION 9-107. Existing ordinances and resolutions continued in effect.

(a) Subject to subsection (d) of this section, existing ordinances and resolutions of the Commission of Lanier County and existing rules and regulations of county departments or agencies, not inconsistent with the provisions of this charter, shall continue in effect as ordinances, resolutions, rules, or regulations of Lakeland-Lanier County, Georgia, or the appropriate department or agency thereof until they have been repealed, modified, or amended. (b) Subject to subsection (d) ofthis section, existing ordinances and resolutions of the City of Lakeland, not inconsistent with the provisions of this charter, shall continue in effect as ordinances and resolutions of Lakeland-Lanier County,

4456 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, and shall apply only to the area included within the urban services district until they have been repealed, modified, or amended. (c) Subject to subsection (d) of this section, in the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to the territory of the unified government that such ordinance or resolution applied prior to January 1, 2006, and until such ordinance or resolution is repealed, changed, or amended to eliminate the conflict. (d) On or by January 1, 2007, all ordinances and resolutions shall apply uniformly throughout the area of the unified government. Prior to this date, the commission shall review all ordinances and resolutions and take whatever action is needed to remove any conflicts between ordinances and resolutions continued by this section in order to produce a uniform body of ordinances and resolutions, free of any conflicts or contradictions between such provisions.
SECTION 9-108. Contracts and obligations.
(a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Lanier County or for its benefit prior to January 1, 2006, shall continue in effect according to the terms thereofas obligations and rights ofthe unified government; provided, however, that any obligation created by Lanier County to become effective after the date of approval ofthis charter and prior to January 1, 2006, shall be subject to ratification and approval by the commission of the unified government on or before July 1, 2006. (b) Except as otherwise provided by this charter, contracts, orders, leases, bonds,. and other obligations or instruments entered into by the City of Lakeland or for its benefit prior to January 1, 2006, shall continue in effect according to the terms thereof as obligations and rights of the unified government; provided, however, that any obligation created by the City of Lakeland to become effective after the date of approval of this charter and prior to January 1, 2006, shall be subject to ratification and approval by the commission ofthe unified government on or before July I, 2006. (c) No pending action or proceeding ofany nature whether civil, criminal, judicial,
administrative, or other by or against the City of Lakeland or Lanier County or an
agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and the unified government shall stand substituted as a party inlier thereof.
SECTION 9-109. Dissolution of existing governments.
On January I, 2006, the Commission of Lanier County and the Mayor and
Commission of the City of Lakeland, a municipal corporation created by an Act of

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the General Assembly of Georgia approved August 11, 1925 (Ga. L. 1925, P 1217), as amended, and all the officers thereof and the offices thereof not continued under this charter are abolished and all emoluments appertaining thereto shall cease. Thereupon, the governments of Lanier County and the City of Lakeland shall terminate as separate political entities and all powers, functions, duties, and obligations thereof shall be transferred to and vested in the unified government created by this charter.

SECTION 9-110. Transfer of records and equipment.

When an agency ofthe City of Lakeland or of Lanier County is abolished or unified by this charter, all books, papers, maps, charts, plans, records, other equipment, and personal property in possession of the same shall be delivered to the agency to which its rights, powers, duties, and obligations are transferred.

SECTION 9-111. Officers serve until successors qualify.

Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Lakeland or Lanier County may continue to perform the duties thereof until a successor, whether under the same title or office or another, shall be elected or appointed and qualified to perform the duties, it being the intention of this section that no duty or service shall lapse or be abandoned because of lack of an officer to perform same.

SECTION 9-112. Referenda on the charter.

(a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Lakeland 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 Lakeland for approval or rejection, and the election superintendent of Lanier County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Lanier County for approval or rejection. The election superintendents shall conduct those elections on the Tuesday following the first Monday in November, 2004, and shall issue the calls and conduct those elections as provided by general law. The superintendents shall cause the date and purpose of the elections to be published once a week for two weeks immediately preceding the date thereof in the official organ of Lanier County. The ballot in each election shall have written or printed thereon the words:
"YES ( ) Shall the charter unifying the governments of the City of Lakeland and Lanier County and creating a single unified government to
NO ( ) supercede and replace those governments be approved?"

4458 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) All persons desiring to vote for approval of the charter shall vote "Yes," and those persons desiring to vote for rejection of the charter shall vote "No." If more than one-half of the total votes cast on such question by the qualified voters of the City of Lakeland are for approval of the charter and if more than one-half of the votes cast on such question by the qualified voters of Lanier County are for approval of the charter, then the charter shall become effective in the manner provided for in Section 9-113 of this Act. Otherwise, it 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 in Lanier County shall be borne by Lanier County and the expense ofsuch election in the City of Lakeland shall be borne by the City of Lakeland. (c) The election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (d) A qualified voter, as used in this Act, shall mean a voter of Lanier County qualified to vote for members of the General Assembly of Georgia. The superintendent of elections shall certify the returns to the Secretary of State. The Secretary ofState shall issue a proclamation showing and declaring the result ofthe elections on the approval or rejection of the charter.
SECTION 9-113. Effective dates.
(a) Section 9-112 of this charter and this section shall become effective upon their approval by the Governor or upon their becoming law without such approval. (b) Those provisions of this Act necessary for the election ofthe initial chairperson and members of the Commission of Lakeland-Lanier County, Georgia, shall become effective January 1, 2005. (c) The remaining provisions ofthis Act shall become effective on January 1, 2006, but only under the conditions specified in Section 9-112 of this charter.
SECTION 9-114. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIXES
Appendix A - Transition Schedule and Plan Appendix B - Districts

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Appendix A Transition Schedule and Plan

The following four-stage transition schedule and plan shall govern the iJnplementation of this Act:
Stage 1: Referendum on Charter to Initial Election Upon approval of the unification, a transition team shall be formed. The transition team will be appointed and charged with anticipating implementation responsibilities, issues, and opportunities related to the unification of the two governments. Its effort will involve collecting data, assembling facts, and presenting options to the unified government officials when they take office. The transition team shall not have any decision-making power and shall serve in an advisory function to the new government until such time as the newly elected officials assume the responsibilities described below. The transition team shall consist of: the county administrator, the city administrator, two appointees of the mayor of the City of Lakeland who shall not be elected officials or employees of the City ofLakeland, and two appointees of the chairperson of the Lanier County Board of Commissioners who shall not be elected officials or employees of Lanier County. The transition team shall select one of its members to serve as chairperson of the transition team. Stage 2: Initial Election to January 1, 2006 (a) The newly elected government officials assume limited powers to plan for the new government. During this time, the newly elected chairperson and commissioners may exercise the following powers:
(1} Begin preparation for the appointment of the manager, attorney, and municipal judge; (2) Hold meetings, establish committees, plan the establishment ofboundaries ofthe general and urban services districts, and plan for and schedule the initial organization of the unified government in accordance with the applicable provisions of this Act. The chairperson and commission shall be authorized to receive and expend appropriations from the Lakeland City Commission and the Lanier County Board of Commissioners for the purposes ofperforming its responsibilities as provided herein; (3) Initiation of the preparation ofthe initial budget of the unified government for fiscal year 2006-2007; and (4) Begin preparation for plans and schedules of the unification of the various departments and agencies of the City of Lakeland and Lanier County. (b) All officers, officials, and employees of the City of Lakeland and Lanier County shall cooperate and assist the chairperson and commission and other officers of the unified government in planning for and scheduling the unification ofdepartments, boards, commissions, and agencies of said former governments and in transferring functions, duties, and responsibilities of such departments, boards, commissions, and agencies to the appropriate agencies of the unified government and in all other respects in order that the transfer ofthe governmental

4460 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and corporate functions of the fonner governments shall be accomplished in the most orderly manner possible. The chairperson, commission, and officers ofthe unified government shall be entitled to examine all records, files, and other data in possession ofthe fonner governments and all officers, officials, and employees thereof. The fonner governments shall, to the extent possible, provide working areas and facilities to the transition team and the newly elected chairperson and commission of the unified government. Stage 3: January 1, 2006, to June 30, 2006 The unified government takes office operating under the combined city and county budgets subject to the budget and employee caps specified in Sections 9-104 and 9-105 of this charter. The unified government budget for July 1, 2006, to June 30, 2007, shall be prepared. During this period, the government would begin combining operations. Stage 4: July 1, 2006, to June 30,2007 The unified government begins operation under the first unified government budget. The budget for this fiscal year, July 1, 2006, to June 30, 2007, shall be capped by combining the July 1, 2005, to June 30,2006, budgets of the city and county, plus increases due to inflation.
Appendix B Districts
Plan Name: lanierccsbp1 Plan Type: Local User: staff Administrator: Lanier Co.
Redistricting Plan Components Report
District 00 1 Lanier County
Tract: 9502 BG:2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 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 207720782079208020812082208320842085208620872088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2999 BG: 3 3000 3001 3002 3003 3004 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055

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District 002 J.,anier County
Tract: 9502
BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 lOll 1012 1013 1014 1015 1016 1017 1018 1019 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035,1036 1037 1038 1039 1040 1041 1044 1045 1053 1054 1055 1056 1057 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1078 1079 1080 1084 1085 1086 1087 1088
BG: 3 3006 3007 3008 3009
BG:4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 40 13 4014 4015 4016 4017 4018 4019 4020 4027 4028 4029 4030 4031 4032 4033 4034

District 003 Lanier County
Tract: 9501 BG: 2 2021 Tract: 9502 BG:3 3005 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3056 3057 3058 3059 BG:4 4000 4001 4021 4022 4023 4024 4025 4026 4035 4036 403 7 4038 4998 4999 BG: 5
District 004 Lanier County
Tract: 9501 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 20 10 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 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

4462 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract: 9502 BG: 1 1000 1001 1002 1020 1021 1022 1042 1043 1046 1047 1048 1049 1050 1051 1052 1058 1059 1060 1061 1077 1081 1082 1083 BG: 2 2000 200 1 2002 2003 2004
Notice of Intent to Introduce Local Legislation
Notice is given that there will be introduced at the 2004 regular session ofthe General Assembly of Georgia a bill to provide for the unification of the existing governments ofthe City of Lakeland and Lanier County; to provide for the creation
of the unified government of Lakeland-Lanier County, Georgia; to provide for the
status, boundaries, and powers of the unified government; to provide for the fonn,
administration, and affairs of the unified government; to provide for officers and
employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for referendum elections with respect to the effectiveness ofthe foregoing; to provide for effective dates; to repeal conflicting laws; and for othct purposes.
This 9th day of March, 2004
Jay Shaw, State Representative, District 143
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Shaw, who on oath deposes and says that he is the Representative from District 143 and further deposes and says that the attached
Notice of Intention to Introduce Local Legislation was published in the Lanier County News which is the official organ of Lanier County on March 11, 2004, ruxf
that the notice requirements of Code Section 28-1-14 have been met.
s/ JAY SHAW Jay Shaw Representative, District 143
Sworn to and subscribed before me, this 15th 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.

4463

FORSYTH COUNTY- BOARD OF COMMISSIONERS; COMPENSATION.
No. 826 (House Bill No. 1827).
AN ACT
.To amend an Act creating the Board of Commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), so as to change provisions relating to the compensation and expenses payable to the board of commissioners; to provide that such compensation and expenses may be established by the board under the procedures established by general law; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board ofCommissioners ofForsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved Aprill6, 1999 (Ga. L. 1999, p. 4551), is amended by striking Section 7
of said Act and inserting in its place the following:
"SECTION7. (a) The salary, compensation, expenses, and expenses in the nature of compensation payable to the Forsyth County Board of Commissioners shall be established by the Forsyth County Board of Commissioners in accord with the procedures established in Code Section 36-5-24 of the O.C.G.A. (b) Until such time as the Forsyth County Board of Commissioners utilizes the procedures in Code Section 36-5-24 of the O.C.G.A. and the salary, compensation, and expense schedules so adopted by the board of commissioners become effective, the salary, compensation, and expenses available to the Forsyth County Board of Commissioners shall remain as previously established in the amendatory Act to this Act which was approved April 16, 1999 (Ga. L. 1999, p. 4551)."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

4464 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION3. 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 2003-2004 regular session of the General Assembly of Georgia legislation to amend an Act creating the Board of Commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. sess., p. 2225), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4551), so as to provide local control over the mechanisms to change the compensation and per diem expense allowance of the chairperson and members of the board of commissioners; to enable the Board of Commissioners to utilize with provisions of O.C.G.A. Sec. 36-5-24 to modify its own compensation, fee and per diem expenses allowance, to maintain the current compensation and expense allowance until such time as any modifications become effective under O.C.G.A. Sec. 36-5-24; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 17th day of March, 2004.
Jack Murphy State Representative, District 14, Post 2
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Murphy, who on oath deposes and says that he is the Representative from District 14, Post 2 and further deposes and says that the. attached Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County on March 19, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JACK MURPHY Jack Murphy Representative, District 14, Post 2
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)

GEORGIA LAWS 2004 SESSION Approved May 17,2004.

4465

PICKENS COUNTY- BOARD OF EDUCATION; PER DIEM PAYMENTS.
No. 827 (House Bill No. 1822).
AN ACT
To amend an Act to reconstitute the Pickens County Board of Education, approved March 7, 2001 (Ga. L. 2001, p. 3516), so as to provide for certain per diem payments for members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to reconstitute the Pickens County Board of Education, approved March 7, 2001 (Ga. L. 2001, p. 3516), is amended by adding a new Section 7A to read as follows:
'SECTION 7A. Members of the Pickens County Board of Education shall receive a per diem of $100.00 for each day of attendance at meetings of the board and while meeting and -traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the Pickens County School Superintendent."
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 regular session of the General Assembly of Georgia a bill to amend an Act to reconstitute the Pickens County Board of Education, approved March 7, 200 I (Ga. L. 200 I, p. 3516), so as to provide for certain per diem payments for members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 12th day of March 2004.

4466 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
David Ralston State Representative, District 6
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 ofPickens County on March 18,2004, 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 19th 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.
LAMAR COUNTY- LAMAR COUNTY LIVESTOCK AND AGRICULTURAL EXPOSITION AUTHORITY; MEMBERSHIP.
No. 828 (House Bill No. 1833).
AN ACT
To amend an Act creating the Lamar County Livestock and Agricultural Exposition Authority, approved March 25, 1996 (Ga. L. 1996, p. 3703), as amended, so as to change the provisions relating to the membership of the authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA

GEORGIA LAWS 2004 SESSION

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SECTION 1. An Act creating the -Lamar County Livestock and Agricultural Exposition Authority, approved March 25, 1996 (Ga. L. 1996, p. 3703}, as amended, is amended by striking subsection (b) of Section 3 and inserting in its place the
following: '(b) The authority shall consist of nine members. Four of such members shall be residents of Lamar County appointed by the governing authority thereof; two ofsuch members shall be residents of Lamar County appointed by the governing authority of the City of Barnesville; one of such members shall be a resident of Lamar County appointed by governing authority of the City of Milner; one of such members shall be a resident of Lamar County appointed by the governing authority of the Town of Aldora; and one of such members shall be a resident of Lamar County appointed by the governing authority of the City of Barnesville and County ofLamar Development Authority. The governing authority ofLamar County shall appoint one of its members on the authority for an initial term of one year, one of its members on the authority for an initial term of two years, one of its members on the authority for an initial term of four years, and one of its members on the authority for an initial term of five years. The governing authority of the City of Barnesville shall appoint one of its members on the authority for an initial term of one year and the other of its members on the authority for an initial term of two years. The remaining three members on the authority shall be appointed for initial terms of three years. After the expiration of these initial terms, members shall be appointed for terms of office of three years each. Members of the authority shall serve the terms specified and until their respective successors are appointed and qualified. 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 in the same manner as was the original appointment of the member whose term of membership resulted in such vacancy 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."

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 Lamar County

4468 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Livestock and Agricultural Exposition Authority, approved March 25th, 1996 (Ga. L. 1996, p. 3703 ), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Curtis Jenkins, who on oath deposes and says that he is the Representative from District 93 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Herald Gazette which is the official organ of Lamar County on March 16, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CURTIS JENKINS Curtis Jenkins Representative, District 93
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 ALPHARETTA- MAYOR AND COUNCIL; COMPENSATION; REFERENDUM.
No. 829 (House Bill No. 1823).
AN ACT
To amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating
a new charter for said city, approved April9, 1981 (Ga. L. 1981, p. 4609), as
amended, particularly by an Act approved March 15, 1984 (Ga. L. 1984, p. 4318) and an ordinance adopted February 22, 1988 (Ga. L. 1988, p. 5224), so as to change the provisions relating to the compensation of the mayor and councilmembers; to provide for a referendum; to provide a contingent effective date; to provide for automatic repeal in certain circumstances; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2004 SESSION

4469

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County ofFulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, particu1arlyby an Act approved March 15, 1984 (Ga. L. 1984, p. 4318) and an ordinance adopted February 22, 1988 (Ga. L. 1988, p. 5224), is amended by striking in its entirety Section 2.13, relating to the compensation of the mayor and councilmembers, and inserting in lieu thereofa new Section 2.13 to read as follows:

"SECTION 2.13. Compensation and expenses.

The mayor and councilmembers shall receive compensation for their services in the following amounts:
(1) Mayor: $30,000.00 per annum, payable monthly; and (2) Council: $15,000.00 per annum, payable monthly. The mayor and councilmembers shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties.'

SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Alpharetta 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 Alpharetta for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2004, in conjunction with the 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 Fulton County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act increasing the annual compensation of the mayor of Alpharetta to $30,000.00 and the annual compensation of each
NO ( ) member of the council for such city to $15,000.00 be approved?"
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, it 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, the remaining sections 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 the City of Alpharetta. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

4470 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 amend an Act consolidating, revising, and superseding the several Act incorporating the City ofAlpharetta and creating a new charter, approved April9, 1981 (Ga. L. 1981, p. 4609), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Martin, who on oath deposes and says that he is the Representative from District 37 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ ofFulton County on March 17, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHUCK MARTIN Chuck Martin Representative, District 37
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.

GEORGIA LAWS 2004 SESSION

4471

COLUMBIA COUNTY- HEALTH INSURANCE; PARTICIPATION AFTER RETIREMENT BY CERTAIN OFFICIALS.

No. 830 (House Bill No. 1820).

AN ACT

To provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Members of the Board of Commissioners of Columbia County; the Clerk of the Superior Court of Columbia County; the Judge of the Probate Court of Columbia County; the Sheriffof Columbia County; the Tax Receiver, Tax Collector, and Tax Commissioner of Columbia County; the Coroner of Columbia County; and the Chief Magistrate of Columbia County shall be entitled after leaving office to continue to participate in and be covered by the health insurance plan provided by the county for county officers and employees, provided that such officer must have served at least 15 years in such office and provided, further, that such officer pays the total costs of such participation including both the employee and employer premiums associated with such participation.

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 provide that certain official of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost ofsuch participation; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 9th day of March, 2004.
Representative Ben Harbin 80th District

4472 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 County News-Times which is the official organ of Columbia County on March 14, 2004, and that the notice requirements of Code Section 28-l-14 have been met.
s/ BEN L. HARBIN Ben L. Harbin Representative, District 80
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 WOODSTOCK- CORPORATE LIMITS.
No. 831 (House Bill No. 1815).
AN ACT
To amend an Act reincorporating and re-creating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act reincorporating and re-creating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, is amended by adding a neW subsection (f) at the end of Section 1.11 to read as follows:
"(f) In addition to the present territory included within the corporate limits ofthe city, the corporate limits shall include the entire current right of way of State Route 92 from the intersection of Fitchburg Drive on the west side to its

GEORGIA LAWS 2004 SESSION

4473

intersection with Wigley Road on the east side and shall specifically include the entire current width of the right of way of such portion of State Route 92."

SECTION2. All laws and parts of laws in conflict with this Act are repealed.

NOTICE Notice oflntent to Introduce Local Legislation
Please take notice that there will be introduced at the 2004 session of the General Assembly, a bill to annex State Route 92 from the intersection of Fitchburg Drive on the west side to Wigley Road on the east side into the Woodstock city limits.
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 February 26, 2004, and that the notice requirements of Code Section 28-l-14 have been met.
s/ CHIP ROGERS Chip Rogers Representative, District 15
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.

4474 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CANDLER COUNTY- CANDLER COUNTY PUBLIC BUILDING AUTHORITY; CREATION.
No. 832 (House Bill No. 1811 ).
AN ACT
To create the Candler County Public Building Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds 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 ofthis Act; to provide for the validation ofbonds; to provide a short title; to provide for 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 "Candler County Public Building Authority Act."
SECTION2. Candler County Public Building Authority.
(a) There is created a public body corporate and politic to be known as the "Candler County Public Building Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title the body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of five members who shall be appointed by the governing authority of Candler County. No more than one member of the authority may be a member of the board of commissioners of Candler County. Any member of the authority who is a member of the board of commissioners shall serve for term of office concurrent with such person s then current term of office as a member of the board of commissioners determined at the time of his or her'

GEORGIA LAWS 2004 SESSION

4475

appointment to the authority. Each member of the authority who is not a member ofthe board of commissioners shall serve for a term of office of three years, except that the initial terms ofoffice ofthose members first appointed to the authority shall be as follows: two members shall be appointed for a term of three years; two members shall be appointed for a term of two years; and if no such member is a member of the board of commissioners, one member shall be appointed for a term of one year. After such initial terms, those members who are not members of the board of commissioners shall serve for terms of office of three years each. Members of the authority shall serve for the terms of office so specified and until the appointment and qualification of their respective successors. Vacancies on the authority shall be filled by the board of commissioners for the remainder of the unexpired term and until the appointment and qualification of a successor. 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 and a resident of Candler County, Georgia, on the date of his or her appointment and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or
herself. (c) The governing authority of Candler County may provide by resolution for compensation for the services of the members of the authority in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance oftheir duties. (d) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer is not a member of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.

SECTION 3. Definitions.

As used in this Act, the term: (1) "Authority" means the Candler County Public Building 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

4476 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 including issuance costs and costs of credit enhancement; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project (3) "Project" means:
(A) All buildings and facilities necessary or convenient for the efficient operation of:
(i) Candler County, Georgia, or any department, agency, division, or commission thereof; (ii) The Candler County School District; or (iii) Any other political subdivision or municipality of the State of Georgia located within Candler County, Georgia; and (B) Any "undertaking" permitted by the Revenue Bond Law. (4) "Revenue Bond Law" means the Revenue Bond Law of the State ofGeorgia, codified at Article 3 of Chapter 82 ofTitle 36 ofthe O.C.G.A., as amended, or any other similar law hereinafter enacted. (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act (6) "Self-liquidating" means any project from which the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs 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 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

GEORGIA LAWS 2004 SESSION

4477

use of the same, or to dispose of the same in any manner it deems to the best . advantage of the authority. The authority shall be under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned. No property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless, at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To execute contracts, leases, agreements, and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of the project; and any and all persons, firms, corporations, Candler County, Georgia, the Candler County School District, and any other political subdivision or municipality of the State of Georgia located in Candler County, Georgia, are 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; (6) To acquire, construct, add to, extend, improve, equip, operate, and maintain projects;
(7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To accept loans or grants ofmoney or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (9) To accept loans or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (l0) 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; (ll) To invest funds of the authority and proceeds of its revenue bonds and of bond anticipation notes in any investments in which funds of Candler County may lawfully be invested;

4478 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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.
SECTIONS. Revenue bonds.
The authority shall have power and is authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds.
SECTION 6. Same; form; denomination; registration; place of payment.
The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in registered or unregistered 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?. 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 or secretary-treasurer 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 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

GEORGIA LAWS 2004 SESSION

4479

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.



SECTION 8. Same; negotiability; exemption from taxation.
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, 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
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

4480 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Candler County, Georgia, nor a pledge of the faith and credit of the county, but such revenue bonds shall be payable solely from the fund hereinafter provided for. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the county to levy or to pledge any form of taxation whatsoever for payment ofsuch revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions ofthis section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and the county to enter into an intergovernmental contract pursuant to which the county agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority.
SECTION 14. Trust indenture as security.
In the discretion of the authority, any issuance 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 trUSI indenture, the authority shall provide for the payment of the proceeds of the sale ol 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.

GEORGIA LAWS 2004 SESSION

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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 ~evenues, ~ees, tolls, fines, charges, and earnings were produced by a particular proJect for whtch 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; (5) The necessary charges of the paying agent for paying principal and interest; and (6) Any payments required by any credit enhancement facility. The use and disposition of such sinking fund shall be subject to such regulations as maybe 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 17. Remedies ofbondholders.

Any holder of revenue bonds and the trustee under the trust indenture, if any, for such revenue bonds, 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.

4482 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 18. Validation and bond anticipation notes.
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 ofvalldation 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. Once any revenue bonds have been validated the authority may issue bond anticipation notes in anticipation of the issuance of such revenue bonds, as provided by law.
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 Candler County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in the 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 the 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 entityi department, agency, or authority shall be created which will compete with th~ 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 ofsucb revenue bonds.

GEORGIA LAWS 2004 SESSION

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SECTION 21. Moneys received considered trust funds .

.A}Imoneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income,
fees, and earnings, shall be deemed to be trust funds to be held and applied solely
as provided in this Act.

SECTION 22. Purpose of the authority.

Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that ofproviding buildings, facilities, and services for the citizens in Candler County, Georgia.

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

The authority is authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as provided in this Act to finance, in whole or in part, the costs of the project and to pledge to the punctual payment of the 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 Candler 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 Candler County, Georgia, when in the performance of their public duties or work of the county.

4484 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 Candler 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. 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 in the regular 2004 session of the General Assembly of Georgia, a bill to create the Candler County Public Building Authority and to provide for the appointment ofmembers ofthe authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, and earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; tO fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to repeal conflicting laws; and for other purposes.
Candler Count}'

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GEORGIA, FULTON COUNTY
personally appeared before me, the undersigned authority, duly authorized to pdJninister 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 16th 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 WALESKA- CORPORATE BOUNDARIES; MUNICIPAL POWERS; ELECTIONS; VACANCIES; ORGANIZATION; CONTRACTS; CITY ATTORNEY; BUDGETS; SALE OF PROPERTY.
No. 833 (House Bill No. 1797).
AN ACT
To amend an Act providing a new charter for the City ofWaleska, approved May 4, 1992 (Ga. L. 1992, p. 6774), so as to change certain provisions regarding corporate boundaries; to change certain provisions regarding municipal powers; to change certain provisions regarding municipal elections; to change certain provisions regarding council creation; to change certain provisions regarding vacancies; to change certain provisions regarding corporation and expenses; to change certain provisions regarding prohibitions, conflicts of interest, and removal; to change certain provisions regarding general powers and authority; to change certain provisions regarding organization; to change certain provisions regarding ordinances; to change certain provisions regarding powers and duties of the mayor;

4486 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to change certain prov1s1ons regarding the city attorney; to authorize certain contracts for the providing of municipal court functions and services; to change certain provisions regarding franchises; to change certain provisions regarding operating budgets; to change certain provisions regarding budget adoption; to change certain provisions regarding capital improvements budgets; to change certain provisions regarding sale of property; 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 Waleska, approved May 4, 1992 (Ga. L. 1992, p. 6774), is amended by striking Section 1.11 and inserting in its place a new Section 1.11 to read as follows:
"SECTION 1.11. Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city shall be at all times shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: 'Official Map or Description of the Corporate Limits of the City of Waleska, 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 mayor and city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supercede for all purposes the entire map or maps, which it is designated to replace."
SECTION2. Said Act is further amended by striking Section 1.12 and inserting in its place a new Section 1.12 to read as follows:
"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

GEORGIA LAWS 2004 SESSION

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powers ofself-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:
(I) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (5) Business regulation and taxation. To levy and to provide for collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits 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. The city is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets,

4488 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, heliports, commuter rail, 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) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement ofair quality, the restoration and maintenance ofwater resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (11) Fees. To establish fees and assessments of special districts for the purpose of business improvement districts; ( 12) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (13) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in 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; (14) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (15) 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; ( 16) Health and sanitation. To prescribe standards ofhealth and sanitation and to provide for the enforcement of such standards; (17) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and 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;

GEORGIA LAWS 2004 SESSION

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(18) Motor vehicles. To regulate the operation ofmotor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (19) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (20) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (21) Municipal property protection. To provide for the preservation and protection ofproperty and equipment ofthe city and the administration and use ofsame by the public; and to prescribe penalties and punishment for violations thereof; (22) 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; (23) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (24) Ordinances, rules and regulations and plans. To make, establish, and adopt such bylaws, ordinances, policies, and rules and regulations as shall appear necessary for the security, welfare, convenience, and interest ofthe city and the inhabitants thereof, and for preserving the health, peace, order, and good government of the city; (25) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (26) Planning and zoning. To provide comprehensive city planning for 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; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (28) Public hazards; removal. To provide for the destruction and removal of any building 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;

4490 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to provide any other 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; (29) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (30) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (31) 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, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (32) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance 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; (33) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (34) Roadways and commuter rail. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for the bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses within the corporate limits of the city; to grant franchises and rights of way
throughout the streets and roads and over the bridges and viaducts for the use
ofpublic utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (35) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges; and to impose and collect a sewer connection fee or fees to those connected with the system; (36) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate

GEORGIA LAWS 2004 SESSION

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collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (37) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use 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, and massage parlors; (38) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (39) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (40) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (41) Taxicabs; 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; (42) Urban redevelopment. To organize and operate an urban redevelopment program; and (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated 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 3. Said Act is further amended by striking Section 2.10 and inserting in its place a new Section 2.10 to read as follows:

4492 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sECTION 2.10. City council creation; composition; number.
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.'
SECTION 4. Said Act is further amended by striking Section 2.11 and inserting in its place anew Section 2.11 to read as follows:
'SECTION 2.11. Elections.
(a) The mayor and councilmembers shall be elected in the manner provided by general law and this charter. All primaries and elections shall be held and conducted in accordance with Chapter 2 ofTitle 21 ofthe O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. 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.' (b) There shall be a municipal general election biannually in the odd-numbered years on the Tuesday next following the first Monday in November or otherwise in accordance with Chapter 2 ofTitle 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. (c) There shall be elected the mayor and three councilmembers at one election and at every alternating 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. (d) The mayor and councilmembers who are in office on the effective date ofthis Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. The members ofthe 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 be a United States citizen 18 years of age or older, who has been a resident of the city for 12 months prior to the date of the election of the mayor and councilmembers and each shall continue to reside therein during the member s period of service and shall be registered and qualified to vote in municipal elections of this city.'
SECTIONS. Said Act is further amended by striking Section 2.12 and inserting in its place aneW Section 2.12 to read as follows:

GEORGIA LAWS 2004 SESSION

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"SECTION 2.12. Vacancies.

(a) The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remain in the unexpired term, otherwise by an election in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted or amended."

SECTION 6. Said Act is further amended by striking Section 2.15 and inserting in its place a new Section 2.15 to read as follows:

"SECTION 2.15. Compensation and expenses.

The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance."

SECTION7. Said Act is further amended by striking Section 2.16 and 2.1 7 and inserting in their place a new Section 2.16 to read as follows:

"SECTION 2.16. Conflicts of interest; removal of officers.

(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 as per the Ethics Ordinance. (b) 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. (c) 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 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

4494 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
by ordinance for the manner in which such hearing 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 Cherokee 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 Cherokee County following a hearing on a complaint seeking such removal brought by any resident of the City of Waleska.#
SECTION 8. Said Act is further amended by striking Section 3.10 and inserting in its place a new Section 3.10 to read as follows:
#SECTION 3.10. 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 9. Said Act is further amended by striking Section 3.11 and inserting in its place a new Section 3.11 to read as follows:
'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 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.' (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the
city council and shall assume the duties and powers of the mayor during any
disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majoritY vote elect 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 council. The mayor pro tempore selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest."

GEORGIA LAWS 2004 SESSION

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SECTION 10. Said Act is further amended by striking Section 3.16 and inserting in its place a new section 3.16 to read as follows:

'SECTION 3.16. Ordinances.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be 'The Council of the City of Waleska hereby ordains .. .' and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute copies 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. (c) The difference between an ordinance and a resolution is that a resolution deals with matters of a special or temporary character and an ordinance prescribes some permanent rule of government."

SECTION 11. Said Act is further amended by striking Section 3.22 and inserting in its place a new Section 3.22 to read as follows:

"SECTION 3.22. Powers and duties of mayor.

The mayor shall: (I) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council and be counted toward a quorum as any other councilmember; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and

4496 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish."
SECTION 12. Said Act is further amended by striking Section 4.11 and inserting in its place a new Section 4.11 to read as follows:
"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 in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office, such oath shall be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority 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."

GEORGIA LAWS 2004 SESSION

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SECTION 13. Said Act is further amended by striking Section4.12 and inserting in its place a new Section 4.12 to read as follows:

'SECTION 4.12. City attorney.

The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city s affairs; and shall perform such other duties as may be required by virtue of such person s position as city attorney. The city council shall provide for the compensation ofthe city attorney together with such assistant city attorneys as may be authorized.'

SECTION 14. Said Act is further amended by adding a new section immediately following Section 5.15, to be designated Section 5.16, to read as follows:

'SECTION 5.16. Contracts.

In lieu of appointing a judge or judges of the municipal court, the mayor and councilmembers are authorized to contract with the governing authority of Cherokee County for the providing of municipal court functions and services as authorized by general law:

SECTION 15. Said Act is further amended by striking Section 6.14 and inserting in its place a new Section 6.14 to read as follows:

'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

4498 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 ofall 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 16. Said Act is further amended by striking Section 6.24 and inserting in its place a new Section 6.24 to read as follows:
"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 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, 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 17. Said Act is further amended by striking Section 6.25 and inserting in its place a neW Section 6.25 to read as follows:
"SECTION 6.25 Adoption.
(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

GEORGIA LAWS 2004 SESSION

4499

from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the day of the first meeting in August 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 18. Said Act is further amended by striking Section 6. 28 and inserting in its place a new Section 6.28 to read as follows:

"SECTION 6.28 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 mayor shall submit to the city council a proposed capital improvements budget 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 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 budget, except to meet a public emergency as provided in Section 2.23 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the day of the first meeting in August of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year. accompanied by reconunendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council."

4500 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 19. Said Act is further amended by striking Section 6.32 and inserting in its place anew Section 6.32 to read as follows:
'SECTION 6.32 Sale 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 of land owned by the city, the city council may authorize the sale ofsaid cut off or separated parcels or tract ofland to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made."
SECTION 20. All laws and parts of laws in conflict with this Act are repealed.
PUBLIC NOTICE
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 new Charter for the City of Waleska, approved May 4, 1992 (GA L. 1992, p. 6774); and for 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

GEORGIA LAWS 2004 SESSION

4501

Notice oflntention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County on February 20, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CALVIN HILL Calvin Hill Representative, District 16

Sworn to and subscribed before me, this 15 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.

FANNIN COUNTY- HOMESTEAD EXEMPTION; BASE YEAR; COUNTY TAXES; REFERENDUM.
No. 834 (House Bill No. 1762).
AN ACT
To provide for a homestead exemption from certain Fannin 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 Fannin 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.

4502 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 I0 contiguous acres ofland immediately surrounding such residence. (b) Each resident of Fannin County is granted an exemption on that person's homestead from all Fannin 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 I 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 Fannin 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 ofFannin 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) ofthis section, it shall not be necessary to make application thereafter for any year and the
exemption shall continue to be allowed to such person. It shall be the duty of any
person granted the homestead exemption under subsection (b) of this section to notify the 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 valorelll 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 I, 2005.

GEORGIA LAWS 2004 SESSION

4503

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 ~u~ose of subm~tting this. Act to the electors of Fannin County for approval or reJectwn. The elect10n supenntendent shall conduct that election on the Tuesday after the first Monday 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 Fannin County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from certain Fannin 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-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, 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.

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 Fannin 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 each homestead; and for other purposes.
This 4th day of March, 2004.

4504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Rep. David Ralston 6th District

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.

CITY OF CARROLLTON - CARROLLTON INDEPENDENT SCHOOL SYSTEM; CONTINUATION.
No. 835 (House Bill No. 1752).
AN ACT
To continue the existence of the Carrollton Independent School System under the management and control of the Carrollton Board of Education; to provide for the composition, term of office, and qualifications ofmembers of the board; to provide for continuation in office; to provide for election wards; to provide for meeting~! officers, quorum, rules of procedure, voting requirements, abstention from voting; public meetings, public comments at meetings, and communication of minutes; to provide for the powers, duties, and responsibilities of the board; to restrict : powers of the board; to define terms; to provide for salaries and expenses ofboand members; to provide for vacancies; to provide for a superintendent

GEORGIA LAWS 2004 SESSION

4505

appointment, powers and duties, qualifications, and responsibilities ofsuch officer; to provide for a general counsel; to provide for publication of performance levels and expenditures; to provide for the roles of the board and the superintendent; to prohibit certain practices by board members; to provide for disclosure of financial interests in contracts or matters pending before the board and ofrelatives employed by the school system; to prohibit use ofschool system property for personal benefit; to provide that contracts are voidable in certain circumstances; to provide for hearings; to provide for access to records; to provide for determination ofa millage rate and for limitations and levy of such millage rate and election relating thereto; to provide for transmittal of taxes to the board; to provide for loans and additional revenue sources; to provide for budgeting procedures; to provide that unlawful obligations are void; to provide for continuance of officers and employees; to continue existing rules, contracts, bonds, obligations, rights, and interests; to provide for construction; to repeal specific Acts; 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:

ARTICLE I INDEPENDENT SCHOOL SYSTEM

SECTION 1-101. Independent school system.

In accordance with the laws of the State of Georgia, the Carrollton Independent School System (hereinafter at times referred to as the "Carrollton school system") shall be continued as an independent school system, created by the General Assembly and the provisions of this Act and preceding Acts, which shall be under the management and control of the Carrollton Board of Education (hereinafter referred to as the "board"). Except as provided herein, the school system and the board shall be subject to the general laws of the state.

ARTICLE II BOARD OF EDUCATION

SECTION 2-101. Composition.

The Carrollton Board of Education shall be composed of six members elected as provided in this Act.

4506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2-102. Elections; election wards.
(a) The Board of Education of the City of Carrollton which existed on December 31, 2003, is continued in existence. The board so continued shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to the effective date of this Act. (b) Those members of the board from Election Wards 2, 3, and 5 who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members for terms of office which expire December 31, 2005, and upon the election and qualification of their respective successors. Those members of the board from Election Wards 1, 4, and 6 who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members for terms of office which expire December 31, 2007, and upon the election and qualification of their respective successors. (c) For purposes of electing members of the board, the City of Carrollton School District is divided into six election wards. The election wards under this Act shall be constituted identically to those election wards for the board as existed on January 1, 2004. (d) One member of the board shall be elected from each election ward specified in subsection (c) of this section. In order to be elected as a member of the board from an election ward, a person must receive a majority of votes cast for that office or a run-off election shall be held as provided by general law. A member of the board of education must reside within the election ward from which he or she is selected and shall be elected by the electors residing within that election ward. (e) Successors to members of the board whose terms of office are to expire shall be elected at the time of the general municipal 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. (f) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2-103. Organization; officers; quorum; rules;
voting requirements; meetings.
(a) Organizational meeting. At the first regular meeting of the board in JanuarY following each regular election, the board shall organize and take their oaths of office.

GEORGIA LAWS 2004 SESSION

4507

(b) Officers. At its first regular meeting in January of each year, the board shall elect a chairperson, a vice chairperson, and a treasurer by a majority vote of its members. The chairperson, vice chairperson, and treasurer shall serve for a term of one year and can be reelected to such position thereafter. (c) Quorum. Four members of the board shall constitute a quorum for the transaction of business, although a smaller number may adjourn from time to time and compel the attendance of its members. (d) Rules. The board shall adopt rules of procedure governing the transaction of its business consistent with the provisions ofthis Act and any other applicable laws. The rules ofthe board shall provide for regular meetings which shall be held at least monthly and in accordance with the provisions of Code Section 20-2-58 of the o.C.G.A., as now or hereafter amended, and shall provide for any special meetings of the board. (e) Voting requirement.
(I) The affirmative vote of a majority of the board shall be required for the passage of any resolution; provided, however, that a majority of a quorum of the board may take official action in regards to disciplinary matters related to appointed officers or employees of the Carrollton school system. (2) No member of the board shall abstain from voting at any duly called board meeting except in matters involving consideration of his or her own conduct, matters which would inure to his or her financial or personal interests, or matters which would be a conflict of interest as provided in Article 3 of this Act. Such board member shall, prior to the vote being taken, publicly state during the meeting the nature of his or her interest in the matter from which he or she is abstaining from voting and shall within ten days of such abstention disclose the nature of his or her interest as a public record in a memorandum filed with the board secretary who shall incorporate the memorandum into the minutes of the meeting. (t) Meetings. All meetings of the board and any of its committees shall be public in the same manner and to the same extent as required by Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings, as now or hereafter amended, and any citizen shall have access to the minutes and records thereof at reasonable times. Said minutes shall include a synopsis of the discussion on every question coming before the board and any of its committees, and the names of those board members voting for and against each question, those abstaining, and those absent. (g) Public comment. The meetings of the board and its committees shall provide a reasonable opportunity for the public to be heard during such meetings of the board or its committees. The board shall prescribe rules and regulations for the receipt of such comments from the public.

SECTION 2-104. Powers, duties, responsibilities, and restrictions.

(a) The board shall:

4508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
( 1) Have and exercise control and management of the Carrollton school syst~ in accordance with the provisions of this Act and the Constitution and general laws of the state. The board is hereby vested with all the powers and charge<l
with all the duties provided to local boards of education by the general laws of
the state; (2) Provide all students with textbooks and furnish educational or instructional materials, resources, and equipment adequately to such students; (3) Adopt by resolution rules and regulations related to the manner and method ofemploying, disciplining, and terminating any employees of the school system; (4) Adopt by resolution rules and procedures related to the procurement of supplies, equipment, goods, and services for the school system; (5) Adopt by resolution rules and regulations for the governance of students1 including the discipline, suspension, or expulsion ofstudents, in accordance with due process; (6) Hear appeals from actions of the superintendent of schools and other personnel; (7) Approve an annual budget for the Carrollton public school system and provide for the levy of a tax for educational purposes as provided in this Act; (8) Approve school attendance zones; (9) Have the authority to sue and be sued as a school district in the name of the Carrollton Independent School System; (1 0) Have the power to purchase, sell, rent, or lease property, both real and personal, in the name of the Carrollton Independent School System with the title to any property purchased being vested solely in the school system to the extent that such property was acquired directly by the board through funds ofthe school system; ( 11) Have the authority to enter into contracts with any person, firm, corporation, or governmental unit or agency for the performance ofeducational services or the use of educational facilities;
(12) Adopt rules for the manner and extent the public is permitted to use
buildings under its control, which rules shall make available all such buildings which may be needed or required for voting purposes on election days; (13) Approve the superintendent's recommendation to hire or dismiss school system staff, provided that such recommendations can be rejected by the board only with a three-fourths vote of the board. Notwithstanding this provision, a majority vote of the board is sufficient to reject the superintendent's recommendation, if a majority vote is required to comply with the provisions of Code Section 20-2-942 of the O.C.G.A.; and (14) The board may call an executive session as provided by law. Executive sessions shall not exclude the superintendent unless a discussion of the superintendent is the subject of the executive session. (b) The board shall not: ( 1) Employ one of its members for any position in the school system;

GEORGIA LAWS 2004 SESSION

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(2) Do business with a partnership or corporation owned in whole or part by a board member or a relative of a board member, unless the stock of the firm is publicly traded and there are more than 75 stockholders; or (3) Do business with a bank or financial institution where a board member is an employee, stockholder, director, or officer when such member owns l 0 percent or more stock in that institution. (c) Any board member whose relative is being considered for employment shall not vote on such employment. (d) As used in this Act, the word "relative" shall mean an individual who is related to the elected official, appointed officer, or employee as father, mother, son, daughter, brother, sister, husband, wife, grandfather, grandmother, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law; any other relative living in the household of the elected official, appointed officer, or employee; a person who is engaged to be married to the elected official, appointed officer, or employee or who otherwise holds himself or herself out as or is generally known as the person whom the elected official, appointed officer, or employee intends to marry or with whom the elected official, appointed officer, or employee intends to form a household, or any other natural person having the same legal residence as the elected official, appointed officer, or employee.

SECTION 2-105. Salary and expenses of board members.

Members of the board shall receive the salary and expenses as provided by general law.

SECTION 2-106. Vacancies; filling of vacancies.

(a) The office of a board member shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may be hereafter enacted. (b) In case a vacancy occurs in the membership of the board of education by death, resignation, removal from the city or removal from the ward from which a member is chosen, or otherwise, the remaining members of the board shall elect a member
to fill the vacancy until the next regular election, when the voters shall choose a
successor for the remainder of the term.

SECTION 2-107. Superintendent of schools.

(a) The board shall appoint as its executive officer a school superintendent who shall have such qualifications as provided by law. The board shall provide the

4510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
superintendent with a contract for employment for a fixed term as provided for under Code Section 20-2-101 of the O.C.G.A., as amended. The person serving as superintendent of the board on the day this Act becomes effective shall continue to serve as such superintendent for the term of such person s contract, and upon the expiration of such term the board may enter into a new contract with that person or any other person who meets the qualifications for such office. (b) The superintendent shall have the power and duties assigned by the laws of the state and such other powers and duties as are assigned by this Act or by the board. (c) The superintendent need not be a resident of the school district at the time of his or her appointment but during his or her term in office shall reside within that district. (d) The superintendent shall be responsible for reporting to the board any legal or financial matter that requires board action or attention, including matters that may violate board policy or state or federal laws, or that may subject the school system to legal liability, a loss of state or federal funds, or a loss of its eligibility to receive such funds.
SECTION 2-108. General counsel for board and school system.
A general counsel shall be appointed and, if necessary, removed by the superintendent, with the advice and consent of the board. Such appointment ofthe general counsel may be by a contract authorized by the board. The general counsel shall serve as the chief legal adviser to the board and the school system.
SECTION 2-109. Publication of performance levels and expenditures.
(a) Whenever comprehensive reading examinations or other performance tests are administered to students, parents and guardians may obtain reports of their child's or ward's performance. (b) All such test scores and performance summaries thereof, except the names of students, shall be public records. (c) The performance level of each school shall be measured according to a recognized method or methods of testing or evaluation on at least an annual basis and shall be a public record.
SECTION 2-110. Roles of board and superintendent.
(a) In addition to the other powers and obligations provided by this Act and applicable state laws, the board is responsible for discussing and deliberating a variety of issues, and then:

GEORGIA LAWS 2004 SESSION

4511

(I) Hiring, evaluating, and, if necessary, dismissing the superintendent. As part of this process, the school board shall enter into a contract with a superintendent that includes explicit goals and performance standards along with the criteria to be used in evaluating the superintendent's performance against those goals and standards; (2) Adopting a vision for the district after participating, under the leadership of the superintendent, in a process to create the vision. The process will involve gaining input from individuals within the school system, such as administrative staff, principals, teachers, parents, and students, and individuals outside the school system, such as business people, higher education officials, social service provi.ders, and community members. The vision includes district-wide student teaming goals as well as long-range and strategic plans for meeting the goals; (3) Adopting district-wide academic content and performance standards. These standards must meet or exceed the academic content and performance standards adopted by the state; (4) Creating district-wide measures for the district-wide academic content and performance standards. These measures must include state-wide tests; (5) Adopting district-wide policies that support an environment for quality improvement and progress for all decision makers in the district, as well as for students; (6) In partnership with the superintendent, tracking progress toward and keeping attention focused on the student learning goals and the academic content and performance standards and measures. This shall be done on a district-wide basis and on a school-by-school basis; (7) Approving an annual district budget, prior to the start of the school year, that identifies priorities and goals and that aligns the district" s resources to achieve the district-wide student learning goals and district-wide academic content and performance standards and measures and to ensure that school facilities meet health and safety code requirements; (8) Approving a policy that determines the minimum dollar amount for contracts that require school board approval; (9) After seeking, receiving, and deliberating upon community input, approving plans for closing, selling, renovating, and building school facilities; and (10) Each year, developing, in concert with the superintendent, the priorities for the school system for the upcoming year. (b) Subject to the limitations contained in this Act, the superintendent, either directly or through a designee, is responsible for: (1) Leading a process, in cooperation with the board, to create the vision for the district that involves gaining input from individuals within the school system, such as administrative staff, principals, teachers, parents, and students, and individuals outside the school system, such as business people, higher education officials, social service providers, and community members. The vision includes district-wide student learning goals as well as long-range and strategic plans for meeting the goals. The vision must be formally adopted by the board;

4512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) Developing an annual budget that aligns the district's resources to achieve the district-wide student learning goals and district-wide academic content and performance standards and measures and to ensure that school facilities meet health and safety code requirements, and submitting it to the school board for its adoption; (3) Deciding which instructional areas will receive priority attention, and maintaining the focus, and keeping school-site decisions focused, on these areas; (4) Working with each school's staff to define instructional objectives, design the curriculum, and engage in professional development, using student performance data as the basis for these decisions; (5) In partnership with the board, tracking progress toward and keeping attention focused on the standards and measures that are adopted by the board. This shall be done on a district-wide basis and on a school-by-school basis; (6) After adoption ofpolicies by the board, providing a supportive environment for quality improvement and progress for all decision makers in the district, as well as for students; (7) Tailoring and leading the provision of assistance to the district's low-performing schools; (8) Hiring, evaluating, and, if necessary, dismissing school system employees; (9) Implementing strategies to involve parents and community members in the district and to create partnerships between the district and public and private organizations; and (10) Each year, developing, in concert with the board, the priorities for the school system for the upcoming year.
ARTICLE III ETHICS AND PROHIBITED PRACTICES
SECTION 3-101. Disclosures.
Any elected official, appointed officer, or employee of the school system who haS any financial interest, directly or indirectly, in any contract or matter pending before or within any office, department, or agency of the school system shall disclose such interest in writing to the board. Any board member who has a financial interest in any contract or matter pending before the board shall disclose such interest, in writing, and such disclosure shall be entered on the records of the board. The disclosure of any salary received by a board member from the school system or anY entity doing business with the school system may be accomplished by naming the entity and position held by the board member with such entity. Interest and dividends from entities doing business with the school system which are listed on a national stock exchange or have more than 100 stockholders do not have to be disclosed. Likewise, the disclosure of any salary received by an immediate relative of the board member may be accomplished by naming the relative and the position

GEORGIA LAWS 2004 SESSION

4513

held. The board member also shall disqualify himself or herself from participating
in any decision or vote relating thereto.

SECTION 3-102. Use of public property.

No elected official, appointed officer, or employee of the school system shall use property of the school system for personal benefit or profit except in accordance with policies and procedures promulgated by the board.

SECTION 3-103. Contracts voidable and rescindable.

Any contract between the Carrollton school system and another party shall be voidable or rescindable at the discretion of the board at any time if any elected official, appointed officer, or employee has any interest in such contract and does not disclose such interest in accordance with the provisions within this article.

ARTICLE IV REVENUE AND FINANCE
Chapter 1 General Provisions

SECTION 4-101. Taxation for educational purposes.

(a) The board of education for the public school system for the City of Carrollton shall annually certify to the mayor and council of the City of Carrollton a school tax not greater than 20 mills per dollar for the support and maintenance of education. That mayor and council shall annually levy the tax amount so certified upon the assessed value of all taxable property within the City of Carrollton school district unless:
(l) The tax amount certified before July 1, 2005, exceeds 16.5 mills per dollar in which event the tax amount levied shall be 16.5 mills per dollar; or (2) The tax amount certified on or after July 1, 2005, exceeds 18.5 mills per dollar, in which event the tax amount so certified shall be levied only if it previously has been approved in a referendum as provided in subsection (b) of this section. (b) Only in the event that on or after July 1, 2005, the board of education of the City of Carrollton certifies to the mayor and council of that city a school tax that exceeds 18.5 mills per dollar, and such levy has not been approved previously in a referendum pursuant to this subsection, that mayor and council shall require the election superintendent of the City of Carrollton to call and conduct an election as provided in this subsection, unless prohibited by the federal Voting Rights Act of

4514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1965, as amended. That election shall be for the purpose of submitting the amount certified for such levy to the electors of the City of Carrollton school district for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 ofthe O.C.G.A. 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:
"YES ( ) Shall the school tax of(amount certified) mills per dollar which was certified by the board of education of the City of Carrollton be
NO ( ) approved and levied by the mayor and council of that city?"
All persons desiring to vote for approval of the school tax amount certified shall vote "Yes," and all persons desiring to vote for rejection of the school tax amount certified shall vote "No." If more than one-half of the votes cast on such question are for approval of the school tax amount certified, the amount of the tax certified and so approved shall be levied by the mayor and council of the City of Carrollton upon the assessed value of all taxable property within the City of Carrollton school district. If the school tax amount certified is not so approved or if the election is not conducted as provided in this section, the school tax amount certified shall not be levied by the mayor and council of the City of Carrollton and the amount of the school tax levied the immediately preceding year shall be levied instead. 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. (c) The provisions of this section shall control over any conflicting local law to the contrary enacted prior to 2004.
SECTION 4-102. Transmittal of taxes and other funds to the board.
(a) Tax collection officer. In accordance with state law, the applicable talt collection officer shall transmit to the board any and all ad valorem taxes assessed and collected on behalf of the city for the support and maintenance of public education, less any costs related to the tax assessment and collection and th~ amount of any interest and sinking fund charges on outstanding general obligation bonds. (b) City of Carrollton. The City of Carrollton shall remit to the board any funds
received for the school system within 45 days after receipt; such funds shall be used
to maintain and expand the public school system.

GEORGIA LAWS 2004 SESSION

4515

SECTION 4-103. Loans for operating expenses.

(a) The board may obtain loans for operating expenses in accordance with the laws
of the state. (b) The board may request the Carrollton City Council to negotiate loans to supply deficiencies in yearly operating expenses of the school system, during any year, in such amounts as may be determined by the board. However, any such loan requested by the board and negotiated by the city shall not exceed 50 percent of the anticipated tax revenue for the year levied for educational purposes. In lieu of borrowing money on behalf of the board, the city may advance to the board such amounts as may be required for such purposes. (c) The board shall provide for a sum sufficient to repay the loans or advances of moneys made by the city, together with the interest thereon, to be deducted from ad valorem taxes levied and collected for educational purposes during the year in which the loan was negotiated or an advance of moneys was made by the city. (d) In order for the board to obtain a loan or an advance as provided in this section, the board shall pass a resolution authorizing the money to be borrowed or advanced by the city, in which resolution shall be stated the amount ofmoney to be borrowed or advanced, the length of time it is to be used, for what purpose borrowed, and from whom it is to be borrowed, which resolution shall be recorded on the minutes ofthe meetings of the board.

SECTION 4-104. Additional sources of revenue.

In the event any additional sources of revenue shall be authorized by law for educational purposes, the board shall have the power, as the case may be, to recommend or provide for the lawful collection and appropriation ofsuch revenues for use by the school system.

Chapter 2 Budget

SECTION 4-201. Procedures.

The board shall conduct its budgeting procedures in the same manner as required oflocal governments in Article 1 ofChapter 81 ofTitle 36 ofthe O.C.G.A., relating to local government budgets and audits.

4516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4-202. Unlawful obligations void.
The board shall incur no obligation in excess of the annual budget and such other special appropriations as may be lawfully made and shall incur no liability except as authorized by such budget or appropriation. Any such liabilities attempted to be incurred shall be void in law and equity.
ARTICLE V GENERAL PROVISIONS
SECTION 5-101. Continuance of officers and employees.
The current terms of office of all elected and appointed officials and officers ofthe Carrollton school system and its agencies, serving on the effective date of this Act, shall not be diminished and shall continue in full force and effect.
SECTION 5-102. Existing rules and regulations continued in effect.
Existing rules and regulations of the Carrollton Board of Education and the Carrollton Independent School System, and departments and agencies thereof, not inconsistent with the provisions of this Act, shall be effective until they have been repealed, modified, or amended.
SECTION 5-103. Pending matters.
All contracts, orders, leases, bonds, and other obligations or instruments entered into by the Carrollton Board of Education for the benefit of the Carrollton Independent School System prior to the effective date of this Act shall continue in effect according to the terms thereof.
SECTION 5-104. Existing rights and interests.
(a) Any rights or interests, public or private, vested in whole or in part on the effective date of this Act, whose validity might be sustained or preserved b! reference to any provisions oflaw repealed by this Act, shall not be affected by thiS Act. This subsection shall not apply to any right or interest in any elective publiC office not conferred by this Act.

GEORGIA LAWS 2004 SESSION

4517

(b) Any rights or int~rests: public or pri~ate, derived from, or w~ic.h might be sustained or preserved m rehance upon, actiOn taken pursuant to or w1thm the scope of any provision of law repealed by this Act, shall not be affected by this Act.

SECTION 5-105. Construction.

(a) The captions to the several sections of this Act are informative only and are not to be construed as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) "School district" means the City of Carrollton School District. (e) "City" means the City of Carrollton.

SECTION 5-106. Specific repealer.

An Act establishing a system of public schools for the City ofCarrollton, approved November 26, 1886 (Ga. L. 1886, p. 306), and all amendatory Acts thereto, are repealed in their entirety.

SECTION 5-107. Severability.

Ifany article, section, subsection, paragraph, sentence, or part thereof of this Act, or the application thereofto any person or circumstance, should be declared invalid for any reason whatsoever, such decision shall not affect or impair the remaining portions of this Act, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held invalid, and to this end, the provisions of this Act and the applications thereof are hereby declared to be severable.

SECTION 5-108. Effective date.

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

SECTION 5-109. General repealer.

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

4518 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 continue the existence of the Carrollton Independent School System under the management and control of the Carrollton Board of Education; to provide for that board and a superintendent and their respective powers, duties, responsibilities, qualifications, functions, and compensation; to provide for elections, terms, vacancies, meetings, and voting; to provide for other personnel; to require disclosures and prohibit certain conduct and provide sanctions and penalties relating thereto; to provide for financing and budgeting and for the levy of a school tax and conditions relating thereto; to provide for existing obligations and rights; to provide for specific and general repeals; and for other purposes.
This 3rd day of March, 2004.
Representative Chuck Harper 88th District, Post 2
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. M. Harper, who on oath deposes and says that he is the Representative from District 88, Post 2 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 5, 2004; and that the notice requirements of Code Section 28-1-14 have been met.
s/ C. M. HARPER C. M. Harper Representative, District 88, Post 2
Sworn to and subscribed before me, this 8th 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.

GEORGIA LAWS 2004 SESSION

4519

COBB COUNTY - BOARD OF COMMISSIONERS; COMPENSATION.

No. 836 (House Bill No. 1736).

AN ACT

To amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3677), so as to change the provisions relating to the compensation of the chairperson and the other coinmissioners of the board; to provide an effective date; to repeal conflicting laws; and for other
purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3677), is amended by striking subsection (a) of Section 8 of the Act and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) Commissioners, other than the chairperson, shall be paid as their entire compensation for services as commissioners the sum of$36,400.00 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairperson shall receive as his or her entire compensation the sum of $111,020.00 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. In recognition of the additional demands placed on the time of the chairperson and the additional duties and responsibilities of that position, the chairperson shall be compensated on a full-time employment basis; provided, however, the chairperson shall be allowed to devote no more than 15 hours per week to a business or employment interest unrelated to the business of the board of commissioners. Except as provided otherwise in this section, the salary so fixed shall constitute the entire compensation from all sources to which said chairperson or any commissioner shall be entitled. The chairperson and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following:
(1) Mileage reimbursement for the use of a private automobile while conducting county business; (2) Secretarial services, if required, over and above the services normally provided by the county; and (3) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or official county business conducted outside of Cobb County."

4520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is 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 ofCobb County; approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended; and for other purposes.
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 Wix, who on oath deposes and says that he is the Representative from District 33, Post I 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/DONWIX Don Wix Representative, District 33, Post 1
Sworn to and subscribed before me, this 4th 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.

GEORGIA LAWS 2004 SESSION

4521

WESTERN AREA REGIONAL RADIO SYSTEM AUTHORITY-CREATION.

No. 83 7 (House Bill No. 1715).

AN ACT

To create the Western Area Regional Radio System Authority; to provide a short title; to provide a declaration of need; to provide for the membership, appointment ofmembers, and terms of the members; to provide for a quorum; to define certain terms; to provide for the powers ofthe authority; to provide that indebtedness of the authority shall not constitute debt to the establishing local governments; to provide for venue of actions relating to any provisions of this Act; to provide for the purpose ofthe authority; to provide that the authority may establish rates and collect revenues for services; to provide for rules, regulations, and policies; to provide for tort immunity; to provide for exemptions from certain taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be known and may be cited as the "Western Area Regional Radio System Authority Act."

SECTION 2. Declaration of need.

It is declared that there exists a need for a Western Area Regional Radio System Authority to function without profit in developing and promoting for the public good certain communication facilities and services in order to provide an interoperable, high quality, and reliable and uninterrupted communication signal for public safety and public services and for the other purposes expressed in this Act.

SECTION 3. Western Area Regional Radio System Authority.

(a) There is hereby created a public body corporate and politic to be known as the "Western Area Regional Radio System 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.

4522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The authority shall consist of eight members who shall be appointed by the establishing local governments in the following manner: (l) Carroll County, Georgia, shall appoint two members to the authority, (2) the City of Douglasville, Georgia, shall appoint two members to the authority, (3) Haralson County, Georgia, shall appoint two members to the authority, and (4) Heard County, Georgia, shall appoint two members to the authority. Elected officials of the establishing local governments may be appointed as members of the authority. With respect to the initial appointments by the establishing local governments, the appointments shall be in the following manner: (l) Carroll County, Georgia, shall appoint its first member to a term of one year and shall appoint its second member to a term offour years, (2) the City ofDouglasville, Georgia, shall appoint its first member to a term of two years and shall appoint its second member to a term of three years, (3) Haralson County, Georgia, shall appoint the first member to a term of one year and shall appoint its second member to a term of three years, and (4) Heard County, Georgia, shall appoint its first member to a term of two years and shall appoint its second member to a term of four years. Thereafter, all appointments shall be made for terms of four 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, shall have been a resident of the jurisdiction of the establishing local government which appointed him or her for at least two years prior to the date of his or her appointment and shall continue such residency during his or her term of office, 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 authority may provide by resolution for compensation for the services of the members ofthe authority in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.
(d) The members ofthe authority shall elect one oftheir number as chairperson and
another as a vice chairperson. The chairperson shall preside over the regular and special meetings of the authority and shall not cast a vote in any proceeding unless necessary to cast a vote in the event of a tie vote. In the event that the chairperson is not in attendance, the vice chairperson shall preside and that presiding member shall not cast a vote in any proceeding unless necessary to cast a vote in the event of a tie vote. The members of the authority shall also elect a secretary, and maY also elect a treasurer, who need not be members of the authority. The secretary and treasurer shall not be the chairperson or vice chairperson. The secretary may also serve as treasurer. If either the secretary or the treasurer is not a member of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Four members of the authority shall constitute a quorum. No vacancy on the
authority shall impair the right of the quorum to exercise all of the rights and
perform all of the duties of the authority.

GEORGIA LAWS 2004 SESSION

4523

SECTION 4. Definitions.

A.s used in this Act, the term: (1) "Authority" means the Western Area Regional Radio System 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' and legal expenses, plans and specifications, licensing fees and costs, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "County" means any county created under the Constitution or laws of this state. (4) "Establishing local governments" shall mean the board of commissioners of Carroll County, Georgia, the mayor and council of the City of Douglasville, Georgia, the commissioner of Haralson County, Georgia, and the board of commissioners of Heard County, Georgia. (5) "Local government" or "local governing authority" means any municipal corporation or county or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state. (6) "Obligation" means any indebtedness, including, without limitation, any note, lease, contract, or other evidence of indebtedness. (7) "Project" means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property ofany nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing facilities and services permitted by the obligation to meet radio communication needs and standards and to aid in the accomplishment of the purposes of the authority. {6) "State" means the State of Georgia.

4524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5. Powers.
The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneyS, and fix their respective compensations; (5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and any and all persons, firms and corporations, local governments, and any other political subdivision or municipality ofthe state located within the operational capacity of the authority are hereby authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects; (7) To pay the costs of the project with the proceeds of any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To finance projects and facilities of the authority for the furtherance of the purposes ofthe authority within the geographic area over which the authority haS
operational capability by loan, loan guarantee, grant, lease, or otherwise and to
pay the cost of such from any funds of the authority or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use; (9) To sell or pledge any obligation acquired by it whenever it is determined b)l the authority that the sale thereof is desirable; ( 10) To accept loans and grants of money or materials or property of any kind from the United States ofAmerica or any agency or instrumentality thereof, upon

GEORGIA LAWS 2004 SESSION

4525

such terms and conditions as the United States of America or such agency or instrumentality may require; (ll) To accept loans and grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as, the state or such agency or instrumentality or political subdivision may require; (12) To borrow money for any of its corporate purposes and to provide for the payment of the same and for the rights of the holders thereof; (13) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; (14) To acquire by the exercise of the power of eminent domain any real property or rights in property which it may deem necessary for its purposes under this Act pursuant to the procedures set forth under the laws of this state and to purchase, exchange, sell, lease, or otherwise acquire or dispose of any property or any rights or interests therein, or for any facilities or activities incident thereto;
and (15) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 6. Credit not pledged.

Obligations of the authority shall not be deemed to constitute a debt of the establishing local governments nor a pledge of the faith and credit of said establishing local governments. The issuance ofsuch obligations shall not directly, indirectly, or contingently obligate said establishing local governments to levy or to pledge any form of taxation whatsoever for payment of such obligations or to make any appropriation for their payment, and all such obligations shall contain recitals on their face covering substantially the foregoing provisions ofthis section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision or municipality to enter into an intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on obligations in consideration for services or facilities of the authority.
SECTION 7. Venue.

!illy action to protect or enforce any rights under the provisions of this Act or any iuit or action against the authority shall be brought in the Superior Court of Carroll County, Georgia.

4526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 8. Moneys received considered trust funds.
All moneys received pursuant to the authority ofthis Act, whether as grants or other
contributions, or as revenue, income, fees, and earnings, shall be deemed to be t.ruat
funds to be held and applied solely as provided in this Act.
SECTION9. 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 for the development of a regional communication system for public safety and public service use to guarantee interoperability, high quality, and reliable and uninterrupted communication signals through facilities, equipment, and services for the establishing local governments by contract, including other persons, entities, and local governments who may hereinafter contract and agree for services from the authority. The general purposes of the authority shall not restrict the authority from developing and servicing any persons, entities, or local governments who may contract for the authority to develop communication services or facilities, or both, in other areas where operational capacity is deemed necessary or desirable.
SECTION 10. 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 incur indebtedness as herein provided to finance, in whole or in part, the costs of the project.
SECTION 11. Rules, regulations, service policies, and procedures for operation of projects.
It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service policies, and procedures for the operation of any projeCt constructed or acquired under the provisions of this Act. The authority may adopt bylaws.
SECTION 12. Tort immunity.
To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as a political subdivision of the

GEORGIA LAWS 2004 SESSION

4527

state; 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 a political subdivision of the state when in the performance of their public duties or work for a political subdivision of this state.

SECTION 13. 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 or any political subdivision thereof to the extent allowed by general law.

SECTION 14. Effect on other governments.

This Act shall not and does not in any way take from the establishing local governments or any political subdivision or municipality the authority to own, operate, and maintain public facilities or to issue obligations.

SECTION 15. Liberal construction of Act.

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

SECTION 16. Effective date.

This Act shall become effective as of the earlier of August I, 2004, or the adoption of a resolution by the establishing local governments that makes initial appointments of members to constitute a quorum of the authority.

SECTION 17. Repealer.

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

4528 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 create the Western Area Regional Radio System Authority; to provide a short title; to provide a declaration of need; u,
provide for the membership, appointment of members, and terms of the members; to provide for a quorum; to define certain terms; to provide for the powers of the authority; to provide that indebtedness of the authority shall not constitute debt to the establishing local governments; to provide for of actions relating to any
provisions of this Act; to provide for the purpose of the authority; to provide that the authority may establish rates and collect revenues for services; to provide for rules, regulations, and policies; to provide for tort immunity; to provide for
exemptions from certain taxes; to provide an effective date; and for other purposet.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hembree, who on oath deposes and says that he is the Representative from District 46 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Do}lglas County Sentinel which is the official organ of Douglas County on February 24, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BILL HEMBREE Bill Hembree Representative, District 46
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)
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 Western Area Regional Radio System Authority; to provide a short title; to provide a declaration of need; to provide for the membership, appointment of members, and terms of the members; to provide for a quorum; to define certain terms; to provide for the powers of the authority; to provide that indebtedness of the authority shall not constitute debt to the establishing local governments; to provide for of actions relating to anY provisions of this Act; to provide for the purpose of the authority; to provide that

GEORGIA LAWS 2004 SESSION

4529

the authority may establish rates and collect revenues for services; to provide for rules, regulations, and policies; to provide for tort immunity; to provide for exemptions from certain taxes; to provide an effective date; and for other purposes.

This 19th day of February, 2004.
sf Honorable Bill Hembree Representative, House District 46

sf Honorable Bill Hamrick Representative, Senate District 30

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hembree, who on oath deposes and says that he is the Representative from District 46 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 24, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

sf BILL HEMBREE Bill Hembree Representative, District 46

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the Regular 2004 Session of the General Assembly of Georgia a bill to create the Western Area Regional Radio System Authority; to provide a short title; to provide a declaration of need; to provide for the membership, appointment of members, and terms of the members; 'to provide for a quorum; to define certain terms; to provide for the powers of the 'authority; to provide that indebtedness of the authority shall not constitute debt to the establishing local governments; to provide for of actions relating to any Provisions of this Act; to provide for the purpose of the authority; to provide that

4530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the authority may establish rates and collect revenues for services; to provide for rules, regulations, and policies; to provide for tort immunity; to provide for exemptions from certain taxes; to provide an effective date; and for other purposes.
This 19th day of February, 2004.
s/ Honorable Bill Hembree Representative, House District 46
s/ Honorable Bill Hamrick Representative, Senate District 30
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hembree, who on oath deposes and says that he is the Representative from District 46 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Haralson Gateway Beacon which is the official organ of Haralson County on February 26, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BILL HEMBREE Bill Hembree Representative, District 46
Sworn to and subscribed before me, this 4th day of March, 2004.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the Regular 2004 Session of the General Assembly of Georgia a bill to create the Western Area Regional Radio System Authority; to provide a short title; to provide a declaration of need; to provide for the membership, appointment of members, and terms of the members; to provide for a quorum; to define certain terms; to provide for the powers of thO authority; to provide that indebtedness of the authority shall not constitute debt to the establishing local governments; to provide for of actions relating to anY provisions of this Act; to provide for the purpose of the authority; to provide that

GEORGIA LAWS 2004 SESSION

4531

the authority may establish rates and collect revenues for services; to provide for rules, regulations, and policies; to provide for tort immunity; to provide for exemptions from certain taxes; to provide an effective date; and for other purposes.

This 19th day of February, 2004.

sf Honorable Bill Hembree Representative, House District 46
s1 Honorable Bill Hamrick
Representative, Senate District 30

s1 Honorable Dan Lee
Representative, Senate District 29

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hembree, who on oath deposes and says that he is the Representative from District 46 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News and Banner which is the official organ of Heard County on February 25, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILL HEMBREE Bill Hembree Representative, District 46

Sworn to and subscribed before me, this 4th 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.

4532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
RABUN COUNTY-RATIFICATION OF RIDGECREST HOSPITAL ACQUISITION.
No. 838 (House Bill No. 1747).
AN ACT
To make certain findings and determinations with respect to a certain transaction in which Rabun County acquired certain hospital facilities from the Woodlands Foundation, Inc.; to determine that said transaction is impossible to undo and that the transaction is therefore excused from compliance with Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisition of hospitals; to provide that no review by the Attorney General shall be required in connection with such transaction; to provide that such transaction shall be deemed to be authorized under applicable law and that lack of review and approval under the hospital acquisition law shall not impair or cloud the title to the acquired property; to provide for other related matters; to repeal conflicting laws; and for other purposes.
WHEREAS, on or about November 16, 1999, Rabun County, as purchaser, acquired from Woodlands Foundation, Inc., as seller, certain real property known as the Ridgecrest Hospital facilities (the "Ridgecrest transaction"), which real property (the "Ridgecrest property") is more particularly described as follows:
Parcel I: All that tract or parcel of land lying and being in Land Lot 19 and Land Lot 20 of the Second Land District of Rabun County, City of Clayton, Georgia, consisting of 5.53 acres and delineated as Tract 2 as shown on a plat of survey prepared by T. Lamar Edwards, Georgia Registered Land Surveyor No. 1837, dated March 12, 1990 and last revised May 9, 1991, recorded in Plat Book 28, page 190, Rabun County, Georgia Records, which plat is incorporated herein and made a part hereof by reference, being improved property whereon is situated "Ridgecrest Hospital" and other improvements as shown on the aforementioned plat of survey.
Parcel II: All that tract or parcel of land lying and being in Land Lot 19 and Land Lot 20 of the Second Land District of Rabun County, City of Clayton, Georgia, consisting of 2.15 acres and delineated as Tract 5 as shown on a plat of surveY prepared by T. Lamar Edwards, Georgia Registered Land Surveyor No. 1837, dated March 12, 1990 and last revised May 9, 1991, recorded in Plat Book 28, page 190, Rabun County, Georgia Records, which plat is incorporated herein and made a part hereof by reference, being improved property whereon is situated

GEORGIA LAWS 2004 SESSION

4533

"Ridgecrest Hospital" and other improvements as shown on the aforementioned plat of survey; and

WHEREAS, the Ridgecrest transaction was not submitted by Rabun County and Woodlands Foundation, Inc., for review and approval under the Hospital Acquisition Act set forth at Article 15 of Chapter 7 ofTitle 31 of the Official Code of Georgia Annotated (the "Hospital Acquisition Act"), inasmuch as at the time of the Ridgecrest transaction, Woodlands Foundation, Inc., had surrendered its permit to operate the hospital facilities located on the Ridgecrest property; and

WHEREAS, in certain litigation arising in connection with the Ridgecrest transaction, the Georgia Court of Appeals construed the Hospital Acquisition Act and determined that where a nonprofit corporation surrenders its hospital permit (I) on or after the date of an agreement to sell the hospital facilities or (2) on or after the date of a notice of application made pursuant to the Hospital Acquisition Act, the transaction nevertheless is subject to the review and approval procedures of the Hospital Acquisition Act (Turpen v. Rabun Co. Bd. of Commissioners, 245 Ga. App. 190 (2000) (physical precedent only)); and

WHEREAS, inasmuch as Woodlands Foundation, Inc., surrendered its hospital permit after the date of an agreement to sell the Ridgecrest property, it appears that by virtue of the construction given to the Hospital Acquisition Act in the Turpen decision, the Ridgecrest transaction was covered by the Hospital Acquisition Act; and
WHEREAS, the Georgia Court of Appeals also concluded in the Turpen decision that while its decision renders the Ridgecrest transaction "null and void," "from a practical standpoint, it may be impossible to undo the (Ridgecrest) transaction"; and

WHEREAS, from a practicable standpoint, it has now become impossible to undo this transaction; and

WHEREAS, the Ridgecrest transaction was approved m related bankruptcy proceedings involving Woodlands Foundation, Inc.; and

WHEREAS, it is a recognized principle oflaw that where conditions are impossible to perform, performance is excused.

NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly hereby determines and declares that the Ridgecrest transaction is impossible to undo and that, therefore, Rabun County and Woodlands

4534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Foundation, Inc., are excused from submitting the Ridgecrest transaction for review and approval under the Hospital Acquisition Act, or otherwise from complying with the Hospital Acquisition Act with respect to the Ridgecrest transaction, and that the Ridgecrest transaction shall not be deemed to be subject to the Hospital Acquisition Act.
SECTION 2. The General Assembly further determines and declares that the Attorney General shall not be required to review the Ridgecrest transaction under the Hospital Acquisition Act.
SECTION 3. The General Assembly further determines and declares that the Ridgecrest transaction shall be deemed to be authorized under applicable law and that lack of review and approval of the Ridgecrest transaction under the Hospital Acquisition Act shall not be deemed to impair or cloud the title to the Ridgecrest property.
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 2004 session of the General Assembly of Georgia a bill to make certain findings and determinations with respect to a certain transaction in which Rabun County acquired certain hospital facilities from the Woodlands Foundation, Inc.; to determine that said transaction is impossible to undo and that the transaction is therefore excused from compliance with Article 15 of Chapter 7 of Title 31 of the O.C.G.A., relating to acquisition of hospitals; to provide that no review by the Attorney General shall be required in connection with such transaction; to provide that such transaction shall be deemed to be authorized under applicable law and that lack of review and approval under the hospital acquisition law shall not impair or cloud the title to the acquired property; to provide for other related matters; 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

GEORGIA LAWS 2004 SESSION

4535

oflntention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County on February 26, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CHARLES JENKINS Charles Jenkins Representative, District 8

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.

MURRAY COUNTY- HOMESTEAD EXEMPTION; BASE YEAR; SCHOOL TAXES; REFERENDUM.
No. 839 (House Bill No. 1667).
AN ACT
To provide for a homestead exemption from Murray 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 the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting Jaws; 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 Murray County School District, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness.

4536 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., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (b) Each resident of the Murray County School District is granted an exemption on that person s homestead from Murray 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. 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 Murray 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 Murray 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 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.

GEORGIA LAWS 2004 SESSION

4537

SECTION2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Murray County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Murray 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 Murray County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Murray 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?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2005. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Murray 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 Murray 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 tlefinitions; to specify the terms and conditions ofthe exemption and the procedures

4538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal conflicting laws; and for other purposes.
This 18th day of Feb. 04.
Representative Craig Brock 5th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Craig Brock, who on oath deposes and says that he is the Representative from District 5 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Chatsworth Times which is the official organ of Murray County on February 25, 2004, and that the notice requirements of Code Section 28-1-14 have been met.
sf CRAIG BROCK Craig Brock Representative, District 5
Sworn to and subscribed before me, this 25th 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.
MURRAY COUNTY- HOMESTEAD EXEMPTION; BASE YEAR; COUNTY TAXES; REFERENDUM.
No. 840 (House Bill No. 1666).
AN ACT
To provide for a homestead exemption from Murray 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

GEORGIA LAWS 2004 SESSION

4539

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 Murray 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 Section48-5-40 ofthe O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (b) Each resident of Murray County is granted an exemption on that person's homestead from Murray County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of the homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Murray 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 Murray 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.

4540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 I, 2005.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Murray County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Murray 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 Murray County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Murray 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?"
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 l 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, Section l 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 Murray 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.

GEORGIA LAWS 2004 SESSION

4541

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

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

This 18th day of Feb. 04.

Representative Craig Brock 5th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Craig Brock, who on oath deposes and says that he is the Representative from District 5 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Chatsworth Times which is the official organ of Murray County on February 25, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CRAIG BROCK Craig Brock Representative, District 5

Sworn to and subscribed before me, this 25th 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.

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HOME RULE ORDINANCES
OF COUNTIES
AND CONSOLIDATED GOVERNMENTS

GEORGIA LAWS 2004 SESSION

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FULTON COUNTY- PERSONNEL BOARD; MEMBERSHIP.

03-0418

RESOLUTION AMENDING THE FULTON COUNTY CIVIL SERVICE ACT OF 1982 SO AS TO ABOLISH THE THREE MEMBER PERSONNEL BOARD AND CREATE A SEVEN MEMBER PERSONNEL BOARD

WHEREAS, Fulton County desires to improve the effectiveness and efficiency of the County's personnel management system;

WHEREAS, Fulton County desires to continue to have a high quality merit system of personnel administration;

WHEREAS, the Fulton County Personnel Board and Merit System ofPersonnel Administration Act, 1982 Ga. Laws, p. 4896, ("Civil Service Act of 1982") provides that the Fulton County Personnel Board shall consist of three members appointed by the Board of Commissioners for a six year term; and

WHEREAS, the Board ofCommissioners desires to amend the Civil Service Act of 1982 so as to abolish the current Personnel Board composed of three members and create a Personnel Board composed of seven members to be appointed for four year terms.

NOW, THEREFORE, BE IT RESOLVED, that Section 2(a) of the Civil Service Act of 1982 shall be amended and the following shall be inserted in its place: "The Fulton County Personnel Board shall consist of seven members who have known sympathy with or who have knowledge of the application of merit principles to public employment, who are current residents of Fulton County and who shall have been such residents for a minimum of two continuous years immediately preceding their appointments. Each member of the board of commissioners shall nominate one member of the personnel board subject to confirmation by a majority vote of the board of commissioners.

(l) The current Personnel Board shall be abolished and the terms of its members shall expire effective June l, 2003. The Board of Commissioners shall appoint the initial members of the Board for staggered terms beginning on June l, 2003. Nominations for the initial members shall be made according to District number in the following order: the Commissioner representing District l shall nominate one member to serve a term of one year; the Commissioner representing District 2 shall nominate one member to serve a term of one year; the Commissioner representing District 3 shall nominate one member to serve a term of two years; the Commissioner representing District 4 shall nominate one member to serve a term oftwo years; the Commissioner representing District 5 shall nominate one member

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to serve a term of three years; the Commissioner representing District 6 shall nominate one member to serve a term of three years; the Commissioner representing District 7 shall nominate one member to serve a term of four years;
(2) Upon expiration of the term of each initial member of the Board, all
appointments shall be for a term of four years and the members shall serve until
their successors have been appointed, except that a person appointed to fill a
vacancy created by death or resignation or otherwise occurring prior to the . expiration of such terms shall be appointed on an interim basis for the remainder of that term. No member shall serve more than two consecutive terms."

BE IT FURTHER RESOLVED, that Section 2 (c) of the Civil Service Act of 1982 shall be amended and the following shall be inserted in its place: "The members of the personnel board shall be paid at a rate of $50.00 for each meeting attended."

BE IT FURTHER RESOLVED, that the second to last sentence in Section 2(d) of the Civil Service Act of 1982 shall be amended as follows: "Four members shall constitute a quorum for the transaction of business."

BE IT FURTHER RESOLVED, that the Clerk to the Board of Commissioners shall insure that this amendment is duly adopted at two regular consecutive meetings of the Board of Commissioners not less than seven nor more than sixty days apart; publish a notice containing a synopsis of this proposed amendment in the official county organ once a week for three weeks within a period of sixty day immediately preceding its final adoption; and file a copy of such amendment, th6 notice of publication and an affidavit of the authorized representative of the
newspaper in which said notice was published with the Secretary of State of
Georgia.

BE IT FURTHER RESOLVED, that the Clerk to the Board of Commissioners shall insure that a copy of the proposed amendment is on file in the Office ofthe Superior Court of the County for purpose of examination and inspection by the public.

SO PASSED AND ADOPTED, this 19th day of March, 2003.
Sponsored bY: s/ ROBERT PI!n Robert L. "Robb" PittS Commissioner, District 2 at LargO

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,c\TTEST:
sf MARK MASSEY
Mark Massey, Clerk to the Board of Commissioners

APPROVED:
sf OVERTIS HICKS BRANTLEY
Overtis Hicks Brantley, County Attorney

ITEM# 03-0418 RCM 3/19/03 A.M. RECESS MEETING

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON

Before me, the undersigned, a Notary Public, this day personally came Julia Jackson who, being duly sworn, according to law, says she is an agent of the ALM, LLC publishers of the Daily Report, the official newspaper published in Atlanta, Georgia, in said county and state, and that the publication, of which is annexed is a true copy, was published in said newspaper as provided by law on the following dates:

4-9-03,4-16-03,4-23-03

s/ JULIA JACKSON Agent of the Daily Report

Subscribed and sworn to me on May 13, 2003.

sl KAWEEMAH NELSON Notary Public SEAL

PUBLIC NOTICE

Resolution to amend the Fulton County Civil Service Act of 1982 and create a Seven Member Personnel Board

The Fulton County Board ofCommissioners desires to amend the Civil Service Act of 1982 and abolish the current Personnel Board composed of three members and tenns of its members as of June 1, 2003 by proposing the following changes: Amending Section 2(a) to read "The Fulton County Personnel Board shall consist

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COUNTY HOME RULE ORDINANCES

of seven members who have known sympathy with or who have knowledge of the application of merit principles to public employment, who are current residents of Fulton County and who shall have been such residents for a minimum .of two continuous years immediately preceding their appointments. Each member of the board of commissioners shall nominate one member of the personnel board subject to confirmation by a majority vote of the board of commissioners. Initial members shall be appointed for staggering terms beginning June 1, 2003. Nominations for the initial members shall be made as follows: District 1 - one member to serve one year; District 2 - one member to serve one year; District 3 - one member to serve two years; District 4 - one member to serve two years; District 5 - one member to serve three years; District 6 - one member to serve three years; and District 7 -one member to serve four years. Upon expiration of the term of each initial member, all appointments shall be for four years. Each member shall serve until their successors have been appointed, except that a person appointed to fill a vacancy created by death or resignation or otherwise occurring prior to expiration of such terms shall be appointed on an interim basis for the remainder of that term. No member shall serve more than two consecutive terms." Amending Section 2(c) to read "The members of the personnel board shall be paid at a rate of$50.00 for each meeting attended." And amending the second to last sentence in Section 2(d) to read "Four members shall constitute a quorum for the transaction of business."

A copy of the proposed amendments is on file in the Office of the Clerk of Superior Court of Fulton County, 136 Pryor Street, Atlanta, Georgia, 30303 for purposed of examination and inspection by the public. #1 :4/9-3sh

Filed in the Office of the Secretary of State May 15, 2003.

ROCKDALE COUNTY~ BOARD OF COMMISSIONERS; DUTIES; CORRECTION OF SCRIVENER'S ERROR.
AN ACT TO PROVIDE FOR THE POWERS AND DUTIES OF THE CHAIRMAN AND OTHER MEMBERS OF THE BOARD OF COMMISSIONERS OF ROCKDALE COUNTY; TO PROVIDE FOR OTHER MATTERS RELATIVE TO SAID BOARD OF COMMISSIONERS AND RELATIVE TO THE GOVERNMENT OF ROCKDALE COUNTY BY SAID BOARD; TO CORRECT A SCRIVENER'S ERROR; TO PROVIDE FOR EFFECTIVE DATES; AND FOR OTHER PURPOSES.
BE IT ORDAINED by the Board of Commissioners of Rockdale County, Georgia by authority of same as follows:

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pursuant to Home Rule authority under the Georgia Constitution (Article IX, section II, Paragraph I) the Board of Commissioners hereby amends an Act of the General Assembly ( 1977 Ga. Laws 2817, as amended) as follows:

SECTION 1

The 1996 Rockdale County Ordinance (Ordinance 1996-4, enacted at 1997 Ga. Laws 4625) amending said Act ofthe General Assembly contained a scrivener's error indicating that Sections 10, 11 (b)( 18), and 11 (b)( 19) were to be deleted in their entireties with new provisions enacted in lieu thereof. The scrivener's error lies in that the appropriate Sections to be revised should have been Section 9, lO(b)(18) and 10 (b)(l9), respectively. The Rockdale County Board of Commissioners hereby corrects the scrivener's error by making Ordinance 1996-4, enacted at 1997 Ga. Laws 4625 applicable to Section 9, Section 1O(b)( 18) and Section 1O(b)( 19). That portion of Ordinance 1996-4 amending Section 1A(6) of the Act was correct and stands as initially enacted.

SECTION 2

Section 1O(b)( 18) of said Act enacted at 1977 Ga. Laws 2817, as amended, is hereby amended by deleting said section in its entirety and substituting in lieu thereof the following:

"Section 1O(b)( 18) To make purchases of not more than fifteen thousand dollars ($15,000.00) which, in the discretion of its members, are deemed necessary for the operation of the county."

SECTION 3

Section 1O(b)(19) of said Act enacted at 1977 Ga. Laws 2817, as amended, is hereby amended by deleting said section in its entirety and substituting in lieu thereof the following:

"Section 1O(b)( 19) To make purchases in amounts greater than fifteen thousand ($15 ,000.00) dollars, provided that the following provisions regarding competitive bidding shall be followed:
(A) The Board of Commissioners, by and through its designated department, shall publicly advertise an invitation for bids. Such notice shall be posted conspicuously at the offices of the Board of Commissioners; by electronic means on Rockdale County's website; and shall be advertised in the legal organ of Rockdale County once a week for two consecutive weeks; (B) Bidders shall submit sealed bids based on the criteria set forth in the bid invitation;

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COUNTY HOME RULE ORDINANCES

(C) The Board of Commissioners, by and through its designated department, shall open the bids publicly and evaluate such bids without discussion with the bidders; and (D) The contract shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the bid invitation; provided, however, that if the bid from the lowest responsible and responsive bidder exceeds the funds budgeted for the contract, the Board of Commissioners, by and through its designated department, may negotiate with such apparent low bidder to obtain a contract price within the budgeted amount Such negotiations may include changes in the scope of work and other bid requirements.

Notwithstanding the foregoing, purchases for road projects subject to the provisions ofO.C.G.A. Section32-4-40 through Section32-4-74, and purchases for public works construction projects as defined by O.C.G.A Section 36-91-1(10), shall be advertised and bid in accordance with the provisions of Georgia law applicable to such projects and shall be subject to the increased non-competitive bid amounts provided thereby.

These requirements regarding competitive bidding shall not apply to public works construction contracts necessitated by an emergency. Any contract let for emergency purposes shall be ratified on the minutes of the Board ofCommissioners as soon as practicable, and the nature of the emergency shall be described therein."

SECTION 4

This Ordinance shall become effective on the second and final adoption as provided bylaw.

SECTION 5

All Ordinances or the Act or portions of the Act, or parts thereof, in conflict herewith are hereby repealed.

ROCKDALE COUNTY, GEORGIA BOARD OF COMMISSIONERS

By: s/ NORMAN WHEELER NORMAN WHEELER, Chairman

By: s/ ARTHUR A. VAUGHN ARTHUR VAUGHN, Commissioner

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By: s/ GLENN SEARS GLENN SEARS, Commissioner

Attest: By: s/ JENNIFER RUTLEDGE
Ex Officio Clerk

Approved as to form: By: s/ JOHN A. NIX
County Attorney

First Reading: 05/13/03 Second Reading: 05/27/03

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF ROCKDALE

Personally appeared before the undersigned Cindy Carter who on oath says that she is the Legal Clerk ofThe Rockdale Citizen, and that the attached advertisement
was published in the said newspaper on the following dates:

03/27/2003, 04/03/2003, 04/10/2003.

I CINDY CARTER

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

s/ KELLIE MILLER NOTARY PUBLIC (SEAL)

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF ROCKDALE

Personally appeared before the undersigned Kathy Bell who on oath says that she is a Classified Advertising Representative of The Rockdale Citizen, and that the attached advertisement was published in the said newspaper on the following dates:

05/08/2003

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COUNTY HOME RULE ORDINANCES

s/ KATHY BELl

Sworn and subscribed before me this 4th day of June, 2003.

s/ KELLIE MILLER NOTARY PUBLIC (SEAL)

LEGAL ADVERTISEMENT HOME RULE AMENDMENT

Please take notice that pursuant to the County Home Rule authority unde1 Article IX, Section II, Paragraph I of the Georgia Constitution, the Rockdale County Board of Commissioners has before it a proposal to amend House Bill 610, Ga. Laws 1977, Page 2817, as amended, and to correct a previously adopted scrivener's error regarding said law. The provisions to be amended are Section I0 regarding the power and authority of the Board of Commissioners; and Section 11 regarding supplemental powers of the Board of Commissioners and the implementation of said powers. The purpose of the amendment is to change the limits to the purchasing power of the Board of Commissioners, to correct a scrivener's error, and to repeal conflicting laws and for other purposes. The proposed amendment is on file in the office of the Clerk of Superior Court of Rockdale County for the purpose of examination and inspection by the public. The Clerk of Superior Court will furnish anyone, upon written request, a copy of the proposed amendment. This Notice is intended as only a synopsis of the proposed amendment. Your attention is invited to the complete copy on file in the Rockdale County Clerk of Superior Court office, Room 204, Rockdale County Courthouse.

Holly W. Bowie, Director Department of Legal Affairs Rockdale County, Georgia 928-34503352-3/27,4/3, I0.

Filed in the Office of the Secretary of State June 5, 2003

JONES COUNTY~ COUNTY CLERK; COUNTY ATTORNEY; TERMS OF APPOINTMENT; PUBLICATION OF REVENUES AND EXPENSES; SALE AND PURCHASE OF CERTAIN ITEMS BY SEALED BID.
Section I0 of the Georgia Annotated Code No. 813 (House Bill No. 2067)
The Board of Commissioners shall have the authority to appoint a clerk who shall be a competent bookkeeper, whose duty it shall be to keep all the records pertaining

GEORGIA LAWS 2004 SESSION

4553

to the county's business. The Commissioners shall have the authority to fix the compensation of the clerk who shall serve at the pleasure of the board. Said clerk shall be appointed for a term of four years to coincide with the term of the newly elected board. The duties of the clerk shall be restricted to clerical work only. The clerk shall give a satisfactory surety bond, approved by and payable to the ordinary of Jones County and filed in the office of the ordinary, in the sum of five thousand dollars ($5,000.00), conditioned upon the faithful performance of the duties of his office. The cost of the bond shall be paid from the funds of Jones County.

Section 13 of the Georgia Annotated Code No. 813 (House Bill No. 2067)

The board shall have the authority to employ a county attorney whose duties shall be to advise the board, its chairman and the county administrator on all legal matters coming before them and to represent the county in all matters pending in the courts when the county is party. Said attorney shall be appointed for a term of four years to coincide with the term of the newly elected board of commissioners. Said attorney shall serve at the pleasure of the board and at such compensation as the board may agree upon. Whenever it is deemed necessary, the board may appoint additional counsel to assist the county attorney.

Section 15 of the Georgia Annotated Code No. 813 (House Bill No. 2067)

All purchases of supplies, equipment, and other materials in excess of $18,000.00 shall be by competitive sealed bids with advertisement of said purchases to be published in the official organ of Jones County one time before the date of purchase. The board shall attempt to obtain at least three competitive bids, and the board shall accept the best bid in accordance with the terms of the advertisement. The provisions of this section shall not apply to emergency purchases or repairs. No purchase by the county shall be made from a relative of a member of the board within the first degree of kinship, except by sealed bid as provided in this section.

(New) Section 15.(a) of the Georgia Annotated Code No. 813 (House Bill No. 2067)

Any salvage or surplus property owned by Jones County with a value in excess of $1,000.00, as estimated by the Board, shall be sold by competitive sealed bid with advertisement of said sale published in the official organ of Jones County one time before the date of sale. The Board shall attempt to obtain at least two competitive sealed bids, and the Board shall accept the best bid in accordance with the terms of the advertisement. The County shall not obtain sealed bids for the sale of surplus property with a value of less than $1 ,000.00. Notice of items for sale shall be 'posted on the County Bulletin Board and those vendors participating on the vendor bid list shall be notified.

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COUNTY HOME RULE ORDINANCES

Section 16. (a) of the Georgia Annotated Code No. 813 (House Bill No. 2067)

The Board shall cause to be published annually in the official organ of Jones County a summary statement by County Department of all revenues and expenses for the previous fiscal budget year. The time for the annual publishing shall not exceed 180 days after the end of the fiscal budget year to be reported.

Affidavit of Publication
I, Debbie L. Smith, Office Manager of The Jones County News, do certify that publication of a Resolution Amendment by The Jones County Board of Commissioners to appoint the County Clerk, for a term of four years to coincide with the term of the newly elected Board of Commissioners, a legal ad in said newspaper, the official organ of Jones County, Georgia on these dates; May 29, June 5, and 12, 2003
s/ DEBBIE L. SMITH Debbie L. Smith Office Manager Jones County News

Sworn to and subscribed to me this 23rd day of June, 2003.

s/ DEBORA N. ROGERS Debora N. Rogers Notary Public My Commission Expires: 1110/06

JONES COUNTY RESOLUTION AMENDMENT The Jones County Board of Commissioners shall appoint the County Clerk for a term of four years to coincide with the term of the newly elected Board of Commissioners. A full copy of this amendment to Jones County Government policy can be viewed in the office of the Superior Court Clerk. A copy of this proposed change can be obtained from the office of the Superior Court Clerk upon written request. (5/29-6-12)

Affidavit of Publication
I, Debbie L. Smith, Office Manager of The Jones County News, do certify that publication of a Resolution Amendment by The Jones County Board of Commissioners to appoint the County Attorney, for a term offour years to coinci~ with the term of the newly elected Board of Commissioners, a legal ad in sllld newspaper, the official organ of Jones County, Georgia on these dates; May 29, June 5, and 12, 2003

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s/ DEBBIE L. SMITH Debbie L. Smith Office Manager Jones County News

sworn to and subscribed to me this 23rd day of June, 2003.

s/ DEBORA N. ROGERS Debora N. Rogers Notary Public My Commission Expires: 1110/06

JONES COUNTY RESOLUTION AMENDMENT The Jones County Board of Commissioners shall appoint the County Attorney for a term of four years to coincide with the term of the newly elected Board of Commissioners. A full copy of this amendment to Jones County Government policy can be viewed in the office of the Superior Court Clerk. A copy of this proposed change can be obtained from the office of the Superior Court Clerk upon written request. (5/29-6-12)

Affidavit of Publication

I, Debbie L. Smith, Office Manager of The Jones County News, do certify that publication of a Resolution Amendment by The Jones County Board of Commissioners to cause to be published annually in the official organ of Jones County a summary statement by department of all revenues and expenses by County Department of all revenues and expenses for the previous fiscal budget year, a legal ad in said newspaper, the official organ of Jones County, Georgia on these dates; May 29, June 5, and 12, 2003

sl DEBBIE L. SMITH Debbie L. Smith Office Manager Jones County News

Sworn to and subscribed to me this 23rd day of June, 2003.

sf DEBORA N. ROGERS Debora N. Rogers Notary Public My Commission Expires: II 10/06

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COUNTY HOME RULE ORDINANCES

JONES COUNTY RESOLUTION AMENDMENT The Jones County Board of Commissioners shall cause to be published annually in the official organ of Jones County a summary statement by department of all revenues and expenses for the previous fiscal budget year. The time for the annual publishing shall not exceed 180 days after the end of the fiscal budget year to be reported. A copy of this proposed amendment can be viewed in the office of the Superior Court Clerk. A copy of this proposed amendment can be obtained upon written request from the office of the Superior Court Clerk.
(5/29-6-12)

Affidavit of Publication

I, Debbie L. Smith, Office Manager of The Jones County News, do certify that publication of an advertisement by The Jones County Board of Commissioners for the sale of equipment by sealed bid, a legal ad in said newspaper, the official organ of Jones County, Georgia on these dates; May 29, June 5, and 12, 2003

s/ DEBBIE L. SMITH Debbie L. Smith Office Manager Jones County News

Sworn to and subscribed to me this 23rd day of June, 2003.

s/ DEBORA N. ROGERS Debora N. Rogers Notary Public My Commission Expires: 1110/06

JONES COUNTY RESOLUTION AMENDMENT The Jones County Board ofCommissioners shall sale any equipment with a value in excess of $1,000, as estimated by the Board, through competitive sealed bids. The sale of any items in excess of $1 ,000 shall be advertised in the legal organ of the county one time before the date of the sale. The Board shall attempt to obtain at least two competitive bids, and the Board shall accept the best bid in accordance with the advertisement. The County shall obtain sealed bids for the sale of surplUS property with the value of less that $1,000 by posting notice on the County Bulletin Board and by notifying those vendors participating on the vendor list. A copy of this amendment can be viewed in the office of the Superior Court Clerk. A copY of this proposed amendment can be obtained upon written request in the office of the Superior Court Clerk. (5/29-6-12)

GEORGIA LAWS 2004 SESSION

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Affidavit of Publication

I, Debbie L. Smith, Office Manager of The Jones County News, do certifY that publication of an advertisement by The Jones County Board of Commissioners for competitive sealed bids on all purchases ofsupplies, equipment and other materials, a legal ad in said newspaper, the official organ of Jones County, Georgia on these dates; May 29, June 5, and 12, 2003

s/ DEBBIE L. SMITH Debbie L. Smith Office Manager Jones County News

Sworn to and subscribed to me this 23rd day of June, 2003.

sf DEBORA N. ROGERS Debora N. Rogers Notary Public My Commission Expires: II I0/06

JONES COUNTY RESOLUTION AMENDMENT The Jones County Board ofCommissioners shall advertise for competitive sealed bids on all purchases of supplies, equipment, and other materials in excess of $18,000. These advertisements shall be published in the legal organ of the county. The Board shall obtain at least 3 competitive bids, and the Board shall accept the best bid in accordance with the terms of the advertisement. No purchase shall be made by the county from a relative of a Board member with the first degree of kinship, except by sealed competitive bid in this section. A copy of this amendment can be viewed in the office of the Superior Court Clerk. A copy of this proposed amendment can be obtained from the office of the Superior Court Clerk upon written request. (5/29-6-12)

filed in the Office of the Secretary of State June 27, 2003.

BARROW COUNTY- BOARD OF COMMISSIONERS; RESIDENCY; EXPENSE ALLOWANCES; CLERK; EXTRA SESSIONS; PUBLIC ROADS; COUNTY ATTORNEY; RETAINER; STYLISTIC CHANGES.
COUNTY OF BARROW STATE OF GEORGIA

4558

COUNTY HOME RULE ORDINANCES

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BARROW COUNTY GEORGIA

A RESOLUTION AMENDING THE BARROW COUNTY CHARTER

WHEREAS, the Georgia General Assembly enacted a Barrow County Charter ("the Charter") effective January 1, 1989; and

WHEREAS, the Barrow County Charter has been amended from time to time since it first became effective; and

WHEREAS, the Georgia Constitution, Article 9, Section 2, Paragraph I, entitled: "Home Rule for Counties" authorizes amendment to local acts of the General Assembly by a county governing authority under certain conditions and after due notice has been published in the official county organ, as more fully set forth in the Georgia Constitution; and

WHEREAS, the legal requirements for amending the Barrow County Charter have been satisfied; and

WHEREAS, a majority of the Barrow County Board of Commissioners deem it to be in the best interests of the citizens of Barrow County that the Charter be further amended;

NOW THEREFORE, IT IS HEREBY RESOLVED by the Board ofCommissioners of Barrow County that the Barrow County Charter shall be amended in the following particularf

FIRST: By amending Section 3, subparagraph (a) as follows: By deletinl the initials "O.C.G.A." and substituting the words "Official Code ofGeorgia Annotated" and placing a period after the word "Annotated". Further, b)' deleting the second sentence of Section 3 subparagraph (a) and by substituting the following in the place thereof: Each of the persons elected or appointed from commissioner districts shall have been a resident of that person's respective commissioner district for at least one year prior to their election or appointment.

SECOND: By amending Section 11 by creating a subparagraph (a) to include the current numbered paragraphs 1 through 5.

THIRD: By amending Sub-Section 4 of Section 11 by substituting the worcl "shall" for the word "may" in the first line thereof so that the sentencel reads as follows: The chairperson and each other member of the board shall

GEORGIA LAWS 2004 SESSION

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receive an expense allowance of $25.00 per day for each day spent in the execution of their official duties.

FOURTH: By amending paragraph ll(b) by deleting in its entirety and substituting in the place thereof, the following: The Board shall elect a Clerk whose duties shall be to keep a full and accurate record of all the actions and doings of the Board of said county, which records shall be open for the inspection of the public at all times during office hours and when the Board is not in session. The Clerk shall perform such other duties and keep such records as required by law or may be required of them by the Board. For the Clerk's services, the Clerk shall receive an amount of compensation to be determined by the Board, payable monthly, and with the further provision that the Clerk shall not be a member of the Board and shall give their entire time to the work of this office.

FIFTH: By amending Section 13 by deleting the second sentence thereof in its entirety and by substituting in the place thereof, the following: At the request of a majority of the members of the Board, the Chairperson shall, at a time agreeable to most of the members, call an extra session.

SIXTH: By amending Section 14 by deleting the same in its entirety and substituting in the place thereof, the following: The Board shall not neglect any public road in the county, nor refuse to keep up a road that has been built and accepted by the County. The Board shall not build more roads in one section of the county than in another, except farm to market roads. Roadwork shall be fairly and equitably divided between the different road districts according to the needs in said districts.

SEVENTH: By amending Section 15 by deleting the first sentence thereof in its entirety and by substituting in the place thereof, the following: "The Board shall have the authority to employ a County Attorney who shall receive an annual retainer in an amount determined by the Board, payable in equal monthly installments from the funds of Barrow County".

EIGHTH: By deleting the word "Chairman" wherever it is found in the Barrow County Charter and by substituting the word "Chairperson" therefor.

NINTH: By amending Section 7, paragraph (a) subparagraph (2) so as to delete the word "chairmen" and by substituting the word "chairpersons" therefor.

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COUNTY HOME RULE ORDINANCES

SEVERABILITY

If any portion of this Resolution or the application thereof shall be held invalid or unconstitutional, the other provisions of this Resolution shall not be affected, and to this end, the provisions of this Ordinance are declared to be severable.

REPEAL

Portions of any other Ordinance or Resolution now in effort in Barrow County that are in conflict herewith are hereby repealed.

Effective Date: This Resolution shall not become effective unless and until a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that such notice has been published, has been filed with the Secretary of State.

Except as specifically amended hereby, the remaining portions of the Barrow County Charter shall remain in full force and effect.

Adopted at two (2) successive meetings of the Barrow County Board of Commissioners, held on September 9, 2003 and on September 23, 2003.

SO RESOLVED, this 23 day of September 2003.
s/ WALTER E. ELDER III Walter E. Elder III, Chainnan Barrow County Board of Commissioners

s/ JERRY D. LAMfl Jerry D. LamPP
District 1 Commissioner

s! W. J. BROWN William J. "Bill" Brown District 2 Commissioner

s/ JAMES R. WEHlilil James Roger Wehunt
District 3 Commissioner
sl NORMA JEAN BR~
Norma Jean Brown District 4 Commissioner

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s/ DAVID DYER David Dyer
District 5 Commissioner

s/ THAD BRASFIELD Thad Brasfield
District 6 Commissioner

Attest: sf MICHELLE SIMS Michelle Sims, Clerk Barrow County Board of Commissioners

AFFIDAVIT

BARROW COUNTY, GEORGIA

TO WHOM IT MAY CONCERN:

This is to certify that the ad for Notice concerning the recommendations of the Barrow County Charter Review Panel to amend the Barrow County Charter has been published in the Barrow County News, Barrow County, Georgia, on: August 27, September 3 and 10, 2003.

Sworn to on this 24th day of September, 2003.

s/ DEBBIE BURGAMY Publisher

Sworn to and subscribed before me on this 24th day of September, 2003.

sf GALAINE ERVIN Notary Public My commission expires August 8, 2004. (SEAL)

NOTICE TO PUBLIC

Pursuant to the recommendations of the Barrow County Charter Review Panel, it is proposed that the Barrow County Board of Commissioners amend the Barrow County Charter, as follows: FIRST: By amending Section 3(a) so as to change the residency requirement for district commissioners so as to require that they will have been a resident of their respective district for a period of at least one year prior to election or appointment,

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COUNTY HOME RULE ORDINANCES

rather than six months. Further, by amending Section 3(a) in order to improve its grammatical structure. SECOND: By amending Section 11 by creating a subparagraph (a) to include the current numbered paragraphs I through 5. THIRD: By amending Sub-Section 4 ofSection II by substituting the word "shall" for the word "may" in the first line thereof so that the sentence reads as follows: The chairperson and each other member of the board shall receive an expense allowance of $25.00 per day for each day spent in the execution of their official duties. FOURTH: By changing the language in paragraph II (b) regarding the office ofthe Clerk of the Barrow County Board of Commissioners, so as to make it gender neutral and to improve the sentence structure thereof. FIFTH: By amending Section 13 so as make it mandatory that the County Commission Chairperson call an extra session ofthe Board ofCommissioners when requested by a majority of its members, at a time agreeable to most of its members. SIXTH: By amending Section 14 by clarifying that newly built roads must first be accepted by the county (according to county standards) before the county has any responsibility for their upkeep. By further amending Section 14 in order to improve its grammatical structure. SEVENTH: By amending Section 15 so as to eliminate the requirement that the County Attorney be a resident of Barrow County. EIGHTH: By changing the word "Chairman" throughout the Charter to the word "Chairperson", in order to make it gender neutral. NINTH: By deleting the word "chairmen" in Section 7, paragraph (a) subparagraph (2) and substituting the word "chairpersons". There will be a Public Hearing on the 9th day of September, 2003 at 6 o'clock p.m. in the Barrow County Administrative Annex at 233 E. Broad Street, Winder, Georgia 30680, regarding the proposed Barrow County Charter amendments. Because Georgia Law requires that a resolution to change a County Charter must be adopted at two regular, consecutive meetings of the Board of Commissioners, the Resolution will be considered at the next regular meeting ofthe Barrow County Board of Commissioners scheduled for Tuesday, September 9, 2003 at 7:00 o'clock p.m.. The resolution will also be on the agenda and considered for final adoption at the regular meeting of the Board of Commissioners scheduled for Tuesday, September 23, 2003 at 7:00 o'clock p.m.. A copy of the proposed Resolution is on file in the Office of the Clerk of the Superior Court, in the Courthouse for the purpose of examination and inspection by the public. All persons interested in these meetings are invited to attend. 518-08-27-3tc

Filed in the Office of the Secretary of State October 23, 2003.

GEORGIA LAWS 2004 SESSION

4563

DEKALB COUNTY- PLANNING COMMISSION; PLAT REVIEW.

DEKALB COUNTY - PLANNING COMMISSION

A HOME RULE ORDINANCE

A HOME RULE ORDINANCE BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF 1956, APPROVED MARCH 9, 1956, FOUND IN GEORGIA LAWS 1956, PAGE 3332, ET SEQ., AS AMENDED, AUTHORIZING THE CREATION OF A DEKALB COUNTY PLANNING COMMISSION AND ESTABLISHING THE POWERS AND DUTIES THEREOF, SO AS TO PROVIDE FOR CLARIFICATION OF PLAT REVIEW APPROVALBYTHEDEKALB COUNTY PLANNING COMMISSION AND THE GOVERNING AUTHORITY

BE IT ORDAINED by the Board of Commissioners of DeKalb County, Georgia, and it is ordained by the authority of same, pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia, that the Act, known as 1956 Ga. Laws 1956, p. 3332, et seq., as amended, pertaining to the DeKalb County Planning Commission, which grants the county planning commission the authority to review and approve plats and which grants it the authority to recommend to the county governing authority for adoption of regulations governing the subdivision of land within the unincorporated portion of the county, be and the same is hereby further amended as follows:

PART I.

By deleting Section 26 of 1956 Ga. Laws, p. 3332, et seq., as amended (codified as Section 1111, in Appendix B of the Code ofDeKalb County. Part A. General Provisions) in its entirety and substituting in lieu thereof the following:

Sec. 1111. Definitions.

For purposes ofthis act [division] the term "street" or "streets" means, relates to, and includes, streets, avenues, boulevards, roads, highways, expressways, lanes, alleys and other ways and also means, relates to and includes right-of-way and facilities of or needed in connection with a system of public transportation of passengers for hire; "subdivision" means any division or redivision of a lot, tract or parcel, regardless of its existing and future use, into

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COUNTY HOME RULE ORDINANCES

two (2) or more lots, tracts or parcels. Where appropriate to context, subdivision may also be used to reference the aggregate of all lots held in common ownership at the time of division.

PART II.

By deleting Section 3 of 1956 Ga. Laws, p. 3332, et seq., as amended (codified as Section 1118, subsection (4), in Appendix B ofthe Code ofDeKa1b County, Part B. Planning Commission) in its entirety and substituting in lieu thereof the following:

Sec. 1118. Principal powers and duties.

(4) Review and/or recommend for adoption to the appropriate governing authority an official map (other than a plat or plats) showing the exact location of the boundary lines of existing, extended, widened or narrowed streets, public open spaces or public building sites, together with regulations to control the erection of buildings or other structures within such lines, within its political jurisdiction or a specified portion thereof.

PART III.

By deleting Section 15 ofl956 Ga. Laws, p. 3332, et seq., as amended (codified as Section 1137, inAppendixB ofthe Code ofDeKalb County. Part D. Subdivision Regulations) in its entirety and substituting in lieu thereof the following:

Sec. 1137. Platting Authority.

From and after the time the chief executive officer shall have prepared and the board of commissioners shall have adopted a comprehensive plan or at least the major street portion of such comprehensive plan and regulations for the subdivision of land within the county, which regulations shall have been adopted by the governing authority of the county as provided in section 16 [ 1138] below, then no final plat of a subdivision within the unincorporated portion of the county shall be filed or recorded in the office of the clerk of superior court of DeKalb County until it shall have been approved by the governing authority in writing on the plat. The board ofcommissioners hereby designates the chief executive officer as the officer of the governing authority who shall approve such final plats on behalf ofthe governing authority without submission of the final plat to the full governing body for consideration and hereby directs the chief executive officer to reflect such approval when and if granted, in writing on the plat.

GEORGIA LAWS 2004 SESSION

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PART IV.

By deleting Section 16 of 1956 Ga. Laws, p. 3332, et seq., as amended (codified as Section 1138, in Appendix B ofthe Code ofDeKalb County, Part D. Subdivision Regulations) in its entirety and substituting in lieu thereof the following:

Sec. 1138. Regulations authorized.

(a) In exercising the powers granted to it by this act (division), the chief executive officer, or the county planning commission may recommend to the governing authority of the county for adoption of regulations governing the subdivision of land within the unincorporated portion of the county. Such regulations may provide for the harmonious development ofthe county; for the coordination of streets within subdivisions with other existing or planned streets or official map streets; for the size ofblocks and lots; for the dedication or reservation of land for streets, school sites and recreation areas and of easements for utilities and other public services and facilities; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, prosperity or general welfare. (b) Such regulations may include requirements as to the extent to which and the manner in which streets shall be graded, surfaced and improved, and water, sewers, septic tanks and other utility mains, piping, connections or other facilities shall be installed as a condition precedent to the approval of the final plat. (c) Except for maintenance bonds, the governing authority of the county shall not accept a bond in lieu of the completion of such work, construction and installation of such improvements and utilities previous to the final approval of a plat. The actual construction and installation of such improvements and utilities shall be completed prior to the final approval of a plat. (d) The governing authority of the county is hereby given the power to adopt and to amend such land subdivision regulations after a public hearing thereon, at least three (3) weeks' notice of time and place of which shall have been published in the newspaper wherein the sheriffs advertisements of DeKalb County are published.

PARTV.

By deleting Section 17 of 1956 Ga. Laws, p. 3332, et seq., as amended (codified as Section 1139, in Appendix B ofthe Code ofDeKalb County, Part D. Subdivision Regulations) in its entirety and substituting in lieu thereof the following:

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COUNTY HOME RULE ORDINANCES

Sec. 1139. Procedure for sketch plats.

(a) The county planning commission is hereby given the authority to approve or disapprove a sketch plat, following review by the development and planning departments. The ground(s) for disapproval of any sketch plat shall be contained in a written dated decision to the applicant by the planning commission. (b) Any sketch plat submitted to the county shall contain the name and address of a person to whom notice of a public meeting on the proposed sketch plat may be sent; and the county planning commission shall not act upon any plat without providing the applicant with notice of the public meeting. The planning director shall send notice of the time and place of the meeting by registered or certified mail to said address not less than five (5) days before the date fixed therefor. The applicant may waive this notification requirement. (c) Any person aggrieved by a decision of the county planning commission affecting a sketch plat approval may appeal to the board of commissioners of DeKalb County by filing with the clerk of the commission a written appeal of the decision, with additional copies to the director of pIanning and the county attorney, within ten (10) calendar days from the date of said decision. The objection must state with specificity the basis for standing as an aggrieved person or entity (e.g. owner, applicant, adjoining neighbor or neighbor whose property line is within one thousand five hundred (1,500) feet of the nearest property line of the proposed subdivision), and the code section which the decision is alleged to violate. In the written appeal, the appellant must show that the county planning commission's decision constitutes a gross abuse of discretion. (d) Upon the proper filing of the appeal, the board of commissioners shall hear said appeal at their next regularly scheduled meeting, which meeting shall no be less than ten ( 10) days following the receipt of the appeal by the clerk of the commission. The board of commissioners shall cause the property subject to the appeal to be posted with notice that a public hearing on said appeal has been scheduled for the next regularly scheduled meeting of the board of commissioners no less than seven (7) days following such posting. If the appeal is filed by one not the owner or applicant for sketch plat approval, the planning director, on behalf of the board of commissioners, shall cause the owner or applicant to be notified of the public hearing by registered or certified mail at the address specified in the application for sketch plat approval. The board of commissioners shall review the decision of the county planning commission and shall determine if the county planning commission's decision constituted a gross abuse of discretion. The board of commissioners must affirm the decision of the county planning commission ifthere is any evidence to support their decision. The board of commissioners shall either affirm or reverse the decision of the planning commission within ninety (90) days of the first time the appeal appears on the board of commissioners' agenda. AnY

GEORGIA LAWS 2004 SESSION

4567

further appeal shall be by petition for writ of certiorari to the superior court of DeKalb County.

PART VI.

By deleting Section 18 of 1956 Ga. Laws, p. 3332, et seq., as amended (codified as Section 1140, in Appendix B ofthe Code ofDeKalb County,Part D. Subdivision Regulations) in its entirety and substituting in lieu thereof the following:

Sec. I 140. Effect of plat acceptance on status of dedications.

The approval or acceptance ora plat by the county's chief executive officer or the county planning commission shall not be deemed to constitute or effect an acceptance by the county or the municipality or the public ofthe dedication of any street or other ground shown upon the plat.

PART VII.

By deleting Section 24 of 1956 Ga. Laws, p. 3332, et seq., as amended (codified as Section 1149, in Appendix B of the Code of DeKalb County. Part E. Official Map) in its entirety and substituting in lieu thereof the following:

Sec. 1149. Establishment of proposed boundary lines of streets, public building sites or public open spaces.

From and after the time when the governing authority shall have adopted a comprehensive plan, the chief executive officer shall have made and certified to the governing authority of the county a final plat or plats on which are indicated the locations of the lines recommended by the chiefexecutive officer as the mapped boundary lines of future streets, street extensions or street widenings, street narrowings, public buildings, sites, public park, playground or other public open space areas or of existing sites or areas that are to be expanded or contracted, the governing authority of the county by resolution may from time to time make additions to or modifications of the official map by adding thereon the plats, as certified by chief executive officer. Before taking such action, the governing authority of the county shall hold a public hearing thereon, at least three (3) week's notice of the time and place of which shall be published in the newspaper wherein the sheriffs advertisements of DeKalb County are published.

PART VIII.

All laws or parts of laws in conflict with this Ordinance are hereby repealed.

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COUNTY HOME RULE ORDINANCES

PART IX.
Should any part, portion or paragraph of this Ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions ofthis Ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted.

PART X.
This Ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular consecutive meetings of the Board, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ ofDeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment or repeal is on file in the office of the Clerk of the Superior Court of DeKalb County for the purposes of examination and inspection by the public.

PART XL
This Ordinance shall be first presented to the Board ofCommissioners ofDeKalb County, Georgia on the 14th day of May, 2002, and again on the 28th day of May, 2002 at the regular time and place of the meeting of the DeKalb County Board of Commissioners.

PART XII.
A synopsis of this Ordinance shall be published in the official organ ofDeKalb County once a week for three weeks, preferably on the 23rd day of May, 2002, the 13th day of June, 2002, and on the 20th day of June, 2002, and a copy of this Ordinance shall be filed with the Clerk of the Superior Court ofDeKalb County for the purpose of examination and inspection of the public, along with sufficient copies of the same for distribution to those members of the public who desire the same.
PART XIII.
The provisions of this Ordinance are effective upon the filing with the Georgia Secretary of State, a copy of this Ordinance, together with a copy of the required notice of publication and an affidavit of a duly authorized representative of the newspaper in which said notice was published to the effect that said notice has been published.

GEORGIA LAWS 2004 SESSION

4569

ADOPTED by the Board of Commissioners of DeKalb County, Georgia, on June 25th, 2002, and again on July 9th, 2002.

s/ JACQUELINE SCOTT JACQUELINE SCOTT Presiding Officer Board of Commissioners DeKalb County, Georgia

APPROVED by the Chief Executive Officer of DeKalb County, Georgia, this 9th of July, 2002.

s/ VERNON JONES Chief Executive Officer DeKalb County, Georgia

ATTEST:

APPROVED AS TO FORM:

s/ MICHAEL J. BELL MICHAEL J. BELL Ex-Officio Clerk to the Board of Commissioners and the Chief Executive Officer DeKalb County, Georgia

s/ CHARLES G. HICKS CHARLES G. HICKS County Attorney DeKalb County, Georgia

APPROVED AS TO SUBSTANCE:

APPROVED AS TO SUBSTANCE:

s/ RAYMOND R. WHITE RAYMOND R. WHITE Director of Planning

s/ WAYNE L. JONES WAYNE L. JONES Acting Director of Development

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County ofDeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of

Public Hearing Amend Home Rule Powers

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COUNTY HOME RULE ORDINANCES

was published in said newspaper on the following date(s):

5/23/2002

s/ CAROLYN JERNIGAN-GLENN Carolyn J. Glenn, Publisher

Sworn to and subscribed before me this 13th day of February, 2004

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2006

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of

Public Hearing County's Home Rule Authority

was published in said newspaper on the following date(s):

6113/2002 and 6/20/2002

s/ CAROLYN JERNIGAN-GLENN Carolyn J. Glenn, Publisher

Sworn to and subscribed before me this 13th day of February, 2004

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2006

GEORGIA LAWS 2004 SESSION

4571

LEGAL NOTICE Manuel J. Maloof Center 1300 Commerce Drive, Suite 400 Decatur, GA 30030-3221
June 6, 2002

Notice is hereby given by the DeKalb County Board of Commissioners that a hearing on the followng amendment to a local act pursuant to the County's Home Rule Authority by the DeKalb County Board of Commissioners in the Auditorium of the Maloof Center, 1300 Commerce Drive, Decatur, Georgia, on the following dates.

Board of Commissioners at 10:00 a.m. on June II, 2002. Board of Commissioners at 10:00 a.m. on June 25, 2002.

Application of the DeKalb County Board of Commissioners to amend 1956 Georgia Law, p. 3332, as amended and codified in Appendix B of the Code of DeKalb County pertaining to the DeKalb County Planning Commission, granting the Planning Commission authority to review and approve subdivision sketch plats, so as to provide for clarification of the plat approval process.

The proposed amendment may be inspected in the office of the Clerk of Superior Court, DeKalb County Courthouse, Room 207, between the hours of 8:30a.m. and 5:00p.m., Monday thru Friday.

Filed in the Office of the Secretary of State February 23, 2004.

BUTTS COUNTY- COUNTY ADMINISTRATOR; CREATION.
AN ORDINANCE ENACTED UNDER THE HOME RULE FOR COUNTIES PROVISION OF THE GEORGIA CONSTITUTION; TO REPEAL ARTICLE I, SECTION 12 OF THE BUTTS COUNTY CODE; TO ABOLISH THE POSITION OF COUNTY MANAGER; TO ADOPT A NEW ARTICLE I, SECTION 12 OF THE BUTTS COUNTY CODE; TO CREATE A NEW POSITION TO BE KNOWN AS COUNTY ADMINISTRATOR; AND TO ESTABLISH PROVISIONS CONCERNING THE QUALIFICATIONS, APPOINTMENT, DUTIES, BOND AND APOLITICAL CHARACTER OF SAID OFFICE.
WHEREAS, the Constitution of the State of Georgia, at Article 9, Section 2, Paragraph I, extends to county governing authorities the legislative power to amend or repeal local acts applicable to its governing authority; and

4572

COUNTY HOME RULE ORDINANCES

WHEREAS, pursuant to local acts 1961 Ga. Laws 2011 I and 1988 Ga. Laws4729 2, a position known as "county manager" wascreatedanddefined for Butts County; and

WHEREAS, the governing authority of Butts County has determined, in the exercise of its legislative authority, that the position of county manager, as it presently exists and as presently defined by said local acts, should be abolished; and

WHEREAS, a new position, to be known as county administrator, should be
created and defined, and the Code of Butts County should be amended so as to reflect these Home Rule amendments; and

WHEREAS, all procedural requirements set forth at Ga. Const. Art. 9, Section 2, Paragraph 1(b) concerning prior notice of intent to enact said Home Rule Amendments have been followed; and

WHEREAS, the Georgia Secretary of State shall be notified of the enactment of
this Ordinance in the manner prescribed by Ga. Const. Art. 9, Section 2, Paragraph 1(g).

NOW, THEREFORE, it is hereby ORDAINED by the Butts County Board of
Commissioners as follows:

l.

The local acts found at 1961 Ga. Laws 2011, 1 and 1988 Ga. Laws 4729, 2, to the extent they create and define the position ofcounty manager ofButts County, are hereby repealed.

2.

The position of county manager of Butts County is hereby abolished.

3.

Article I, Section 12 of the Butts County Code is hereby repealed in its entirety.

4.
A position of county administrator of Butts County is hereby created and
established.

GEORGIA LAWS 2004 SESSION

4573

5.

A new provisiOn of the Butts County Code, to be codified as Article I, Section 12, is hereby adopted and enacted as follows:

sec. 12. County Administrator; creation of position; qualifications; appointment; vacancies; duties and responsibilities; bond; apolitical character of office.

(a) There is created the position of county administrator of Butts County. The county administrator shall be the chief administrative officer and head of the administrative branch ofcounty government. The county administrator shall serve at the pleasure of the Board of Commissioners. The Board of Commissioners of Butts County shall select and appoint a county administrator, who shall receive such compensation as may be prescribed by the Board of Commissioners. The county administrator must devote all of such officer's working time and attention to the affairs of the county and shall be responsible to the Board of Commissioners for the efficient administration of all of the affairs of the county over which such officer has responsibility.
(b) No person shall be chosen as county administrator before such person shall have attained such person's twenty-first birthday. Such person shall be of good character and ofproven executive ability and experience. The county administrator shall be chosen by the Board of Commissioners on the basis of such person's executive and administrative qualifications, with special reference to such person's actual experience in or such person's knowledge of accepted practice with respect to the duties of such person's office as provided for in this section. At the time of such person's appointment such person need not be a resident of the county or state but, within six (6) months following commencement of duties, such person shall reside within the county. No person elected to membership on the Boardof Commissioners shall, subsequent to such election, be eligible for appointment as county administrator until one year has elapsed following the expiration of the commissioner term for which such person was elected.
(c) The county administrator shall be appointed for an indefinite term and shall serve at the will and pleasure of the Board of Commissioners. Any action of the Board in suspending or removing the county administrator shall be final.
(d) The Board of Commissioners may designate a person or personsto perform the functions and duties of the county administrator during the absence, disability, or suspension of the county administrator. Vacancies in the office of county administrator shall be filled by the Board of Commissioners as early as practicable and, until such vacancy is filled, the Board of Commissioners shall have full power to make a temporary appointment or to perform the functions and duties of such office.

4574

COUNTY HOME RULE ORDINANCES

(e) The county administrator shall have the following duties and responsibilities:

(I)

see To supervise the administration of the affairs of the county and to

that the ordinances, resolutions, and directions of the Board of

Commissioners, and the laws of the state are faithfully executed and

enforced;

(1)

To exercise administrative authority and supervision over all

departments and personnel under the jurisdiction of the Board of

Commissioners;

(2)

To require reports from heads of departments and other employees

entrusted with administrative duties or exercising discretion. The county

administrator shall have at all times the authority to examine all books and

records of every officer and department of the county under the

jurisdiction of the Board of Commissioners;

(3) To attend all meetings of the Board of Commissioners with a right to

take part in the discussions but having no vote;

(4) To recommend to the Board of Commissioners for adoption such

measures as the county administrator may deem necessary or expedient;

(5) To supervise the performance of all contracts authorized by the Board

of Commissioners and made by any person, company, or corporation

concerning work done for Butts County or the Board of Commissioners;

(6) The county administrator and the county controller, together, shall be

the purchasing agent of materials and supplies for the county under such

rules and regulations as may be imposed by the Board of Commissioners.

The county controller shall be responsible for the day-to-day management

ofthe county's fiscal affairs, and the county administrator shall oversee the

county controller's performance. Both the county administrator and the

county controller, before entering upon the discharge of said persons'

duties, shall execute a bond with a solvent surety company licensed to do

business in Butts County in an amount to be approved by the Board of

Commissioners but not less than $25,000.00 payable to Butts County,

conditioned upon the faithful performance of such persons' duties and to

secure against corruption, malfeasance, misappropriation, or unlawful

expenditure. The premium on such bond shall be paid for by Butts

County;

(7) To submit to the Board of Commissioners for their approval, 60 days

before the beginning of each fiscal year, a proposed operating budget for

the next fiscal year showing budget revenues and expenditures during the

preceding fiscal year; appropriations and estimated revenue and

recommended expenditures for the next fiscal year; recommended salaries;

proposed capital expenditures; recommended tax levy; and such other

information and data as may be considered necessary by the Board of

Commissioners; the county controller shall have primary responsibility for

the preparation of the proposed operating budget, and the county

GEORGIA LAWS 2004 SESSION

4575

administrator shall be responsible for its oversight and presentation to the Board of Commissioners; (8) To keep the Board of Commissioners fully advised at all times as to the financial condition and needs of the county; (9) In cooperation with the county controller, to present a full written report to the Board of Commissioners each month showing the operations and expenditures of each department of the county government for the preceding month; (10) To delegate purely administrative duties to subordinates in the county government whose work the county administrator shall supervise and direct; provided, however, the delegation or assignment of duties to subordinates shall not relieve the county administrator from responsibility for administration of county affairs; and (11) To perform such other duties as may be prescribed by Ordinance of the Board of Commissioners or other duties as may from time to time be assigned by majority vote of the Board of Commissioners. (t) The county administrator shall not engage in or be concerned with local >artisan politics or any local political campaign. The county administrator shall not contribute to any local campaign fund or solicit funds for local political purposes from any other person. The county administrator shall not be eligible for election as a member of the Board of Commissioners of Butts County for a period of one year after termination of service as county administrator.

6.

Upon final adoption of this Ordinance the County Clerk shall notify the Georgia Secretary of State of this Ordinance in the manner prescribed by Ga. Const. Art. 9, Section 2, Paragraph 1(g).

SO ORDAINED, this 9th day of February, 2004.

First Reading: January 5, 2004 Second Reading: February 9, 2004.

BUTTS COUNTY BOARD OF COMMISSIONERS

s/ LESTER PEEK

Chairman

s/ G. C. MCINTYRE Commissioner

sl GERALD KERSEY Commissioner

4576

COUNTY HOME RULE ORDINANCES

s/ JOHN HARKNESS, JR. Commissioner

s/ EDDIE TRAVIS Commissioner

ATTEST: s/ MARGARET D. HOLLOWAY
County Clerk Affix County Seal Here: [SEAL]

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF BUTTS

Personally appeared before the undersigned attesting officer in and for said State and County, Marshall Avett, who on oath deposes and says that he/she is the Publisher of the Jackson Progress-Argus, the newspaper designated as the legal organ of Butts County and in which sheriffs advertisements appear for Butts County; that deponent is authorized to make affidavits of publication on behalf of said newspaper, and that the attached notice was published in said newspaper on December 31, 2003, January 7, 14, 21, 28, February 4, 2004.

s/ MARSHALL AVETT

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

s/ TRACIE HART Notary Public [SEAL] My Commission Expires July 9, 2007

03578

NOTICE

NOTICE OF PROPOSED HOME RULE AMENDMENT, BUTTS COUNTY BOARD OF COMMISSIONERS,
CONCERNING REPEAL OF THE COUNTY MANAGER POSITION AND THE CREATION OF A COUNTY ADMINISTRATOR POSITION

GEORGIA LAWS 2004 SESSION

4577

Under the authority of the Constitution of the State of Georgia, Article 9, Section 2, Paragraph l, entitled "Home Rule for Counties," the Butts County Board of Commissioners hereby published this Notice of Intent to repeal Article I, section 12 of the Butts County Code so as to abolish the position of County Manager (said position having been created by 1961 Ga. Laws 2011 Section l and 1988 Ga. Laws 4729 Section 2), and to amend the Butts County Code so as to create and define the new position of County Administrator. Both the position to be repealed and abolished (County Manager) and the position to be created and defined (County Administrator) are positions subject to the jurisdiction and control ofthe Butts County Board of Commissioners. An Ordinance to this effect shall be considered at two (2) regular consecutive meetings of the Butts County Board of Commissioners, the first to be held on January 5, 2004 and the second to be held on February 2, 2004. Both meetings will begin at 7:00p.m. at the Butts County Courthouse in Jackson, Georgia. A copy of the proposed Ordinance will be available for public inspection in the office of the Clerk of the Superior Court of Butts County, beginning on January 5, 2004 and continuing through and including February 2, 2004.
12/3 l - l /21-c

Filed in the Office ofthe Secretary of State March 15,2004.

AUGUSTA-RICHMOND COUNTY--CITY OF AUGUSTA. 1949 GENERAL RETIREMENT FUND; AMENDED.
ORDINANCE NO. 6656
CITY OF AUGUSTA 1949 GENERAL RETIREMENT FUND
As Amended and Restated Effective January l, 1997
TABLE OF CONTENTS Page
SECTION l DEFINITIONS ....................................... 3 l.OlAccrued Benefit ............................................ 3 l.02Actuarial Equivalent ........................................ 3 l.03Average Earnings .......................................... 3 l.04Beneficiary ............................................... 3 1.05City ..................................................... 3 1.06Code .................................................... 3 1.07Commission ............................................... 3 l.08Committee ................................................ 3 l.09Comptroller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

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COUNTY HOME RULE ORDINANCES

l.lOContributions .............................................. 3 1.11 Credited Service ........................................... 3 1.12Deputy Comptroller ......................................... 4 1.13 Earnings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.14Effective Date ............................................. 4 1.15Employee ................................................. 4 1.16Employer or County ........................................ 5 1.17Fund ..................................................... 5 1.18 Interest ................................................... 5 1.19Joint Annuitant ............................................ 5 1.20Mayor ................................................... 5 1.21 Participant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.22Payee .................................................... 5 1.23Pension Fund Investment Committee ........................... 5 1.24Plan ..................................................... 5 1.25Plan Year ................................................. 5 1.26Secretary ................................................. 5 1.27Total and Permanent Disability ................................ 5 1.28Trust Agreement or Trust .................................... 6 1.29Trustee ................................................... 6 SECTION 2 ELIGIBILITY AND PARTICIPATION ................... 6 2.01Eligibility ................................................. 6 SECTION 3 RETIREMENT DATES AND BENEFITS ................. 6 3.01Normal Retirement ......................................... 6 3.02Early Retirement ........................................... 7 3.03Disability Retirement ........................................ 8 3.04Delayed Retirement ......................................... 9 3.05Termination of Employment .................................. 9 3.06Cost-of-Living Adjustment of Benefits . . . . . . . . . . . . . . . . . . . . . . . . . 10 3.07Required Distribution Rules ................................. 11 3.08Code Section 415 Limit ..................................... 12 3.09Enhanced Early Retirement for 1996 ........................... 14 3.10 Special Unreduced Early Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3.11Rollover Distributions ...................................... 15 3.12Normal Forms of Benefits for Married Participants ............... 16 3.13 Supplemental Retirement Benefit ............................. 20 SECTION 4 DEATH BENEFITS .................................. 21 4.01Death Prior to Retirement ................................... 21 4.02Death After Retirement ..................................... 22 4.03Adjusted Benefit .......................................... 22 4.04Designation of Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 SECTION 5 CONTRIBUTIONS .................................. 23 5.01 City Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5.02Participant Contributions .................................... 23

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SECTION 6 OPTIONAL FORMS OF RETIREMENT INCOME ......... 24 6.01 Election of Optional Retirements Benefits ...................... 24 6.02Description of Options ...................................... 24 6.03Joint Annuitant or Beneficiary ................................ 25 6.04Cancellation of Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
SECTION 7 ADMINISTRATION OF PLAN ........................ 25 7.01 Administration ............................................ 25
SECTION 8 TRUST FUND AND TRUSTEES ....................... 26 8.01 Trust Fund ............................................... 26 8.02Amendment of Trust ....................................... 26 8.03Discontinuance of Trust and Vesting ........................... 27 8.04Powers of the Commission .................................. 27 8.05Investment of Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8.06Taxation ................................................. 28 8.07Resignation of Trustee ...................................... 28 8.08Successor Trustees ......................................... 29 8.09Disbursements ............................................ 29
SECTION 9 AMENDMENT AND TERMINATION .................. 29 9.01Amendment ofthe Plan ..................................... 29 9.02Termination of the Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
SECTION 10 MISCELLANEOUS ................................ 31 10.01 Headings .............................................. 31 10.02 Construction ............................................ 31 10.03 Nonalienation ........................................... 31 10.04 Benefits Supported Only By Fund ........................... 32 10.05 Discrimination .......................................... 32 10.06 Limitation of Liability; Legal Actions ........................ 32 10.07 Claims ................................................ 32 10.08 Forfeitures ............................................. 32 10.09 Applications ............................................ 32 10.10 Effect of Extension of the Federal Social Security Act ........... 33

1949 GENERAL RETIREMENT FUND

INTRODUCTION

Effective March 1, 1949, the General Assembly of Augusta, Georgia established the "City Council of Augusta 1949 Georgia Retirement Fund," hereinafter referred to as the Plan. The Plan covers Employees hired on or before December 31, 1986, meaning no one hired after that date is eligible to participate in the Plan.

On February 20, 2002, the Augusta-Richmond County Commission, as successor to the City Council of Augusta 1949 General Retirement Fund approved this restatement of the Plan effective January 1, 1997 so as to conform the Plan with

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COUNTY HOME RULE ORDINANCES

relevant provisions ofthe Uruguay Round Agreements Act, the Uniformed Services Employment and Reemployment Rights Act of 1994, the Small Business Job Protection Act of 1996, the Taxpayer Relief Act of 1997, the Internal Revenue Service Restructuring and Reform Act of 1998, and the Community Renewal Tax Relief Act of 2000 (collectively the "GUST" Amendments), to reflect certain provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA"), with such EGTRRA amendments being made as good faith compliance with the requirements ofEGTRRA, to be construed in accordance with EGTRRA and guidance issued thereunder, whether before or after this restatement, and to otherwise restate the Plan in accordance with past practices relating to Plan sections required under the Code to maintain the Plan's tax-qualified status. The restatement includes a few other charges designed to facilitate its administration. The EGTRRA amendments set forth in Sections 3.08 and 3.09 shall cease to be effective as of December 31, 2010 unless they have been otherwise extended by law.

It is the City's intention to fully honor all benefits and rights that Plan Participants have accrued under the Plan prior to this restatement. The Plan shall be administered and construed accordingly, and the Plan's administrator shall construe and interpret every provision of the Plan's restatement as effective January 1, 1997 in a manner that preserves each Plan Participant's benefits or rights that accrued prior to February 20, 2002.

Specifically, the restated Plan honors the following pre-2002 Plan provisions in the foil ~ .. ---o ---------.

Plan Provision

Prior Plan Section

2002 Plan Section

Continued Participation

1,2

2.01

for those employed on

12/31/87

Age 35 limit on participation

2

Superseded and

inapplicable

Funding: Creation and

3

Administration

City Contribution

4

Employee

4

Contributions

8

-

5.01

-

5.02

Normal Retirement

5(1)

Benefits

3.01

-

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Delayed Retirement Benefits rEarly Retirement Benefits
Special Unreduced Early Retirement (20+ years)
Enhanced Early Retirement Benefits
Disability Retirement Benefits
Continuity of Service
Amount of Retirement Allowance
Cost of Living Adjustments
Alternative Form of Retirement Allowance
Surviving Spouse Benefits; Benefits for widows of Employees Killed in Line of Duty
Withdrawal of Contributions
Termination of Employment
Assignment Prohibited
Effect of Extension of Federal Social Security Act
Plan Construction

5(2) 5(6) 5(7)
SA
5(5), 7 6 7
76(1) 8
8A, 9
9 9(1) 10 11
12

3.04 3.02 3.10
3.09 3.03 1.11 3.01 3.06
6 3.12A, 4.01, and 4.02
5.02(B) 3.05 10.03 10.10
10.02

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The Plan will be administered by the Commission as described in Section 6. All
benefits to be provided under the Plan will be funded under a trust established in accordance with Section 7 hereof.

SECTION I DEFINITIONS

As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meanings indicated:

1.01 Accrued Benefit -The retirement benefit which the Participant has earned as of the date of determination, calculated under Subsection 3.0l(b) on the basis of his Average Earnings and Credit Service, which is payable as ofhis Nonnal Retirement Date in the form of a life annuity, with a guarantee of the refund of Employee Contributions with interest for the Participant who dies before receiving an amount of benefit payments that at least equal his Employee Contributions with interest.

1.02Actuarial Equivalent- A benefit of equal value computed on the basis of(a) the 1971 Group Annuity Mortality Table, and (b) interest at 6% compounded annually for forms of payment other than lump sum; the interest rate used to determine the equivalent lump sum value of monthly benefits will be in PBGC schedule of immediate and graded deferred rates in effect on the first day ofthe Plan Year in which the benefit is calculated.

l.03Average Earnings- The monthly average of the Participant's Earnings for the thirty six (36) consecutive calendar months, immediately preceding the earlier to occur of(a) the date on which the Participant's employment with the employer terminates for any reason or (b) the Participant's actual retirement date. Average earnings shall be determined by dividing the total earnings received by the Participant during the appropriate three (3) year period, or lesser number of years if applicable, by the number of months for which he received earnings in such period.

l.04Beneficiary- The person(s) designated by the Participant in accordance with
Section 4.04 who is entitled to receive benefits at the death of a Participant under Section 4.

l.05City- The city of Augusta, Georgia, successor by consolidation to The City Council ofAugusta and Richmond County, created by 1995 Ga. Laws p. 3648, as amended.
1.06Code- The Internal Revenue Code of 1986 as amended from time to time, and
regulations or rulings issued thereunder.

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l.07Commission- Augusta-Richmond County Commission, as successor to The City Council of Augusta, Georgia, which Augusta-Richmond County Commission shall act in the dual capacity of administrator of the Plan and Trustee of the Fund.

t.08Committee - The pension committee consisting of the Augusta-Richmond County Commission.

t.09Comptroller - The elected comptroller of Augusta, Georgia.

J.1 OContributions - The payments made by the Participants to the Fund m
accordance with Section 5.

1.11 Credited Service - The number of years of uninterrupted and continuous employment (completed months expressed as a fractional year) of the Employee with the Employer from (a) the date he last entered the employment of the Employer, to (b) the earlier of his date of termination of employment for any reason or his actual retirement date.

Credited Service will not be interrupted by: (a) vacation, or approved leave of absence authorized by the Employer of not more than ninety days in one calendar year; (b) voluntary or involuntary service in the Armed Forces of the United States in the time of war; (c) reelection or reappointment at the end of a term; or -(d) periods of approved leaves of absence during which the Participant incurs a Total and Permanent Disability within the meaning ofSection 3.03, provided that he recovers from a Total and Permanent Disability and is reemployed by the Employer as required under Section 3.03(a)(7) or (b)(4).

For benefit purposes, no Participant will receive any credit for any period of inactive employment. For vesting purposes, the Employee who has one or more breaks in employment will receive credit only from his most recent date of reemployment.

Effective December 12, 1994, notwithstanding anything in the Plan to the contrary, contributions, benefits, and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) ofthe Code.

l.l2Deputy Comptroller- The duly commissioned deputy comptroller of the City.

l.l3Eamings- The total salary, wages, or remuneration paid to the Participant by the Employer during any period of 12 consecutive months. Effective as of January I, 1998, the term "Earnings" shall also include any elective deferral

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COUNTY HOME RULE ORDINANCES

(within the meaning of Code Section 402(g)(3)) and any amounts that are deferred by the Employer at the election of the Employee that are not included in the Employee's gross income pursuant to Code Section 125 or 457. Effective January I, 200 I, Earnings shall also include elective amounts that are not includable in the Employee's gross income by reason of Code Section 132()(4).

The Participant's Earnings taken into account for purposes of the Plan shall be limited to such amount as in effect pursuant to Code Section 40 I(a)( 17)(A) for the Plan Year, as adjusted under Code Section 40 I(a)( 17)(8).

1.14Effective Date- January I, 1997.

1.15 Employee- Any employee, officer, appointee or electee of the Commission as now constituted or hereafter constituted, and any employee, officer, appointee or electee under any official of the City as now constituted or hereafter constituted, who is elected by the vote of the electorate, but excluding: (a) employees of the University HospitaL (b) the Recorder; (c) the Assistant Recorder; (d) employees of the Sinking Fund Commission; and (e) other officers elected by vote of the electorate.

1.16Employer or County - Augusta, Georgia, successor by consolidation to The City Council of Augusta and Richmond County, created by 1995 Ga. Laws P 3648, as amended.

1.17Fund - The Fund trust fund created in accordance with the Plan and Trust.

1.181nterest- Interest credited on Participant Contributions from the January 1next following the date ofwhich such Contributions are made to the earlier of(a) the date of the Participant's termination of employment for any reason and (b) the Participant's Normal Retirement Date, with such interest compounded annuallY at the rate of 5% per annum.

1.19Joint Annuitant- The person designated by the Participant to receive payments after the death of the Participant as provided in accordance with Section 3.

1.20Mayor- The mayor of Augusta, Georgia.
1.21 Participant - An Employee who had become eligible to participate in the Plan as provided in Section 2.

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4585

I.22Payee- The Beneficiary or Joint Annuitant designated by the Participant in accordance with Section 1.04 or 1.19 above to receive benefits under the Plan after his death.

l.23Pension Fund Investment Committee- The pension fund investment committee consisting of the members of the Augusta-Richmond County Commission, which committee shall invest the Fund in accordance with Section 7.05.

I.24Plan- The City of Augusta 1949 General Retirement Fund as contained herein, all amendments thereto which may hereafter be made, and any existing acts of the General Assembly of Georgia, or ordinances adopted under the Home Rule provisions of Georgia law, pertaining to the City of Augusta 1949 General Retirement Fund. The Plan shall include the Trust as hereinafter defined.

I.25Plan Year- The twelve month period ending December 31 of each year.

I.26Secretary - The Mayor acting in his capacity as secretary of the Committee.

I.27Total and Permanent Disability - The Commission shall determine whether a Participant shall be considered Totally and Permanently Disabled and the Commission shall declare in its findings whether or not such disability is permanent and total. The Commission shall base its determination as to whether a Participant is Totally and Permanently Disabled on whether the Participant is not able, on account of disability received in the discharge of his employment duties.

Upon a Participant's application to the Comptroller stating that he is Totally and Permanently Disabled, the chief executive of Augusta or other official as designated by the Augusta-Richmond County Commission shall immediately designate a physician to examine the applicant and no such retirement shall be allowed under Section 3.03 unless the physician so appointed files with the Mayor as the chief executive of Augusta such physician's affidavit that he has examined the applicant and found him totally and permanently incapable of pursuing any gainful occupation; provided, that the applicant if aggrieved by the decision of Augusta's physician may designate a physician on his own part who together with Augusta's physician shall designate a third physician and the decision of the majority of said three (3) physicians shall be the final decision regarding whether the Participant has incurred a Total and Permanent Disability recommended to the Commission for its determination, which shall be final and binding.

Notwithstanding anything in this Section to the contrary, whether a Participant is Totally and Permanently Disabled shall be subject to the exclusions set forth in Section 3.03.

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1.28Trust Agreement or Trust- The agreement of trust between the Commission, in its capacity as the governing body of the Employer and the Commission, in its capacity as Trustee, which shall govern the continuation and maintenance of the trust fund, and all amendments thereto.

1.29Trustee - The Commission in its capacity as trustee.

SECTION 2 ELIGIBILITY AND PARTICIPATION

2.01 Eligibility

Each Participant in the Plan on December 31, 1996 (according to the Plan tern then in effect) shall continue to be a Participant, and no other Employee eligible to become a Participant in this Plan, and no other Employee shall t eligible to participate (because Ordinance 5399 provides that no Employee hire'. after February 28, 1987 is eligible to become a Participant in this Plan).

SECTION 3 RETIREMENT DATES AND BENEFITS

3.01 Normal Retirement

Normal retirement under the Plan is retirement from the employ of the City on the Normal Retirement Date. In the event of normal retirement, payment ofthe retirement benefit shall be governed by the following provisions of this Section.

A. Normal Retirement Date: The Normal Retirement Date ofa Participant shall be the first day of the month coincident with or next following the date he reaches:
(a) Age fifty-five (55) if he is a firefighter or police officer; or (b) Age sixty (60) if he is employed in a capacity other than as a firefighter or police offer and has at least twenty-five (25) years of Credited Service.

B. Amount of Retirement Benefit: If the Participant retires on his Nonnal Retirement Date and such Normal Retirement Date is on or after January 1, 1995, the Participant shall receive a monthly retirement benefit ofan amount equal to (a) 2.15% of the Participant's Average Earnings multiplied by the number of months of such Credited Service (up to a limit of 360 months), plus (b) 1.5% of the Participant's Average Earnings multiplied by the number ofmonths ofsuch Credited Service in excess ofthe 360 month limit.

C. Payment of Retirement Benefit: The retirement benefit payable in the event of normal retirement shall be payable on the first day of each month. The

GEORGIA LAWS 2004 SESSION

4587

first payment shall be made on the Participant's Normal Retirement Date and the last payment shall be the payment due next preceding his date of death, subject to the provision of Sections 3.12 and 4.02.

3.02Early Retirement

Early retirement under the Plan is retirement from the employ of the City prior to the Normal Retirement Date. Early retirement shall be authorized only within five (5) years of the Participant's Normal Retirement Date, and only if by such time, the Participant has at least twenty (20) years of Credited Service. In the event of early retirement under these conditions, payment of the retirement benefit shall be governed by the following provisions of this Section. Notwithstanding the foregoing, if a Participant receives special early retirement benefits under Section 3.09 or 3.1 0, the Participant shall be ineligible for benefits under Section 3.02.

A. Early Retirement Date: The Early Retirement Date of a Participant shall be the first day of the month coincident with or immediately following the date he retires from the employ of the City under the provision of this Section.

B. Amount of Retirement Benefit: A Participant at retirement an his Early Retirement Date shall at his option receive either:
(I) a deferred monthly retirement benefit commencing on his Normal Retirement Date, provided he is then alive, equal to an amount computed in the same manner as for normal retirement in accordance with Section 3.0 1-B, but based on Credited Service and Average Earnings as of his Early Retirement Date; or (2) an immediate monthly retirement commencing on his Early Retirement Date equal to the benefit determined in Section 3.02-B above, reduced by .05% for each complete month by which the Early Retirement Date of a Participant precedes his Normal Retirement Date.

C. Payment of Retirement Benefit: The monthly retirement benefit payable in the event of early retirement shall be payable on the first day of each month. The first payment shall be made on the optional date elected by the Participant under Section 3.02-B above and the last payment shall be the payment due next preceding his date of death, subject to the provision of Sections 3.12 and 4.02.

3.03Disability Retirement

A. A Participant may retire under the Plan if he becomes Totally and Permanently Disabled and the Participant:

4588

COUNTY HOME RULE ORDINANCES

( 1) has incurred the Total and Permanent Disability as a result of injury 01 illness incurred in the performance of his employment duties; or (2) has incurred the Total and Permanent Disability as a result of injury 01 illness from any cause; provided that the Participant has ten (10) years of Credited Service at the time of the Total and Permanent Disability.

B. Notwithstanding anything in this Section to the contrary, a Participant shall not be entitled to receive any disability retirement benefit if the Participant's Disability is a result of any of the following:
(1) the Participant's willful misconduct, or (2) the Participant's intoxication.

C. Disability Retirement Date: The Disability Retirement Date ofa Participant shall be the first day of the month which coincides with or next follows the date the Commission approves payment of the disability benefit.

D. Disability Retirement Benefit: The monthly retirement benefit payable to a Participant on his Disability Retirement Date shall be equal to one halfofthe Participant's Average Earnings; provided however, that should such Participant receive any Workmen's Compensation while so disabled, such Workmen's Compensation so received, excluding, medical, doctor, nursing and hospitalization, shall be subtracted from any pension voucher paid to the Participant, and he shall receive only the excess of any pension due him after the subtraction ofthe amount ofWorkmen's Compensation received by him, less any other indebtedness due the City by the Participant. Such retirement shall herein be referred to as disability retirement and payment of the disability retirement benefit shall be governed by the following provisions of this Section.

E. Payment of Disability Retirement Benefit: The retirement benefit to which a Participant is entitled in the event of his Total and Permanent Disability shall be payable on the first day of each month. the first payment shall be made on the Participant's Disability Retirement Date and the last payment shall be the payment due next preceding the earlier of(a) his date of death, subject to the provisions of Sections 3.12 and 4.02 or (b) the cessation ofhis Total and Permanent Disability prior to his Normal Retirement Date.
F. Termination of Disability Retirement Benefit: The continuance of ~y Disability may be inquired into by medical examination, as provided JJl Section 1.27, upon the application of any interested party and for good cause shown. If the Participant's Disability is discontinued because of the find~ ofa medical examination or otherwise, the Commission is hereby authonz to terminate any retirement payments payable under this Section,. to reemploy any rehabilitated Participant, continue retirement benefits in heU

GEORGIA LAWS 2004 SESSION

4589

of reinstatement, or make such other disposition of the claim for retirement benefits as may be necessary and proper.

3.04Delayed Retirement

Delayed retirement under the Plan is retirement from the employ of the City after the Normal Retirement Date but in no event later than:
(a) Age sixty (60) if he is a firefighter or police officer; or (b) Age seventy (70) ifhe is employed in a capacity other than as a firefighter or police offer and has at least twenty-five (25) years of Credited Service.

Notwithstanding anything to the contrary, the Plan's administrator shall not interpret this Section in manner that would violate the Age Discrimination in Employment Amendments of 1986, as amended. In the event of delayed retirement, payment of the retirement benefit shall be governed by the following provisions of this Section.

B. Delayed Retirement Date: The Delayed Retirement Date of a Participant shall be the first day of the month coincident with or immediately following the date he actually retires from the employ of the City after his Normal Retirement Date in accordance with this subsection (A) of this Section.

C. Amount of Retirement Benefit: The monthly retirement benefit payable to a Participant who retires on his Delayed Retirement Date shall be an amount computed in the same manner as for normal retirement in accordance with Section 3.01-B, but based on Credited Service and Average Earnings as of his actual retirement date; provided, however, such amount shall not be less than the monthly benefit the Participant would have received had he retired on his Normal Retirement Date.

D. Payment of Retirement Benefit: The retirement benefit payable in the event of delayed retirement shall be payable on the first day of each month. The first payment shall be made on the Participant's Delayed Retirement Date and the last payment shall be the payment due next preceding his date of death, subject to the provision of Sections 3.12 and 4.02.

3.05Termination of Employment

A. A Participant who terminates employment with the City before otherwise becoming eligible for retirement benefits under this Section 3, but after having completed at least fifteen ( 15) years ofCredited Service and attaining the age offorty five (45) shall have a right to the "Vested Percentage" of his pension benefit, as defined in subsection (B) of this Section in lieu of withdrawal of his Contributions, if any, under Section 5.02(B). Provided

4590

COUNTY HOME RULE ORDINANCES

that the Participant is alive at such date, such benefits will be payable at the Participant's Normal Retirement Date and in such amount as provided in Section 3.01 (B) without reduction, or at the Participant's Early Retirement Date but subject to such reduction as provided in Section 3.02(B)(2).

B. For purposes of this Section, "Vested Percentage" shall mean 50% of the Participant's Accrued Benefit (as determined as of the date of the Participant's termination of employment) plus an additional 10% of his Accrued Benefit for each year of Credited Service in excess of 15 years up to a maximum Vested Percentage of 100%. For purposes of this Section, Accrued Benefit shall be determined as of the Participant's date of termination of employment, and shall otherwise be determined in the same manner as for normal retirement benefits but reflecting the Participant's Credited Service and Average Earnings determined as of the date of the Participant's employment termination.

3.06Cost-of-Living Adjustment of Benefits: All retirement and disability benefits received under this Section 3 shall be adjusted annually pursuant to this Section.

A. For purposes of this Section, "Index Ratio" means the ratio attained by dividing the "Consumer Price Index" (as determined by the Bureau ofLabor Statistics of the United States Department of Labor) for the current calendar year by the Consumer Price Index for the calendar year immediately preceding the current calendar year.
(1) Index Ratio of 1.02 or More- If the Index Ratio is 1.02 or greater, the retired Participant's monthly retirement benefit will be increased in accordance with subsection (B) of this Section.
(2) Index Ratio of Between .96 and 1.01 -If the Index Ratio is between .96 and 1.01, the retired Participant's monthly retirement benefit will not be adjusted pursuant to subsection (B) of this Section, and the Consumer Price Index for the current year ending on December 31st shall be replaced by the Consumer Price Index for the year ending on December 31st when the Participant's retirement benefits were last adjusted.
(3) Index Ratio of .95 or Less- If the Index Ratio is .95 or less, the retired Participant's monthly retirement benefit will be decreased in accordance with subsection (B) of this Section.
B. On the December 31st coinciding with or next following the date of the Participant's date of actual retirement under this Section 3 (the "December 31 Following Retirement"), the Consumer Price Index for the year ending on such December 31 Following Retirement shall be posted~ the retired Participant's retirement record. Subject to Subsection (A) ofthiS Section, on each anniversary of the December 31 Following Retirement

GEORGIA LAWS 2004 SESSION

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while the retired Participant is receiving monthly retirement benefits under this Section 3, the monthly retirement benefits shall be adjusted on April 1 of each year by multiplying the amount of the annual retirement benefit received during the previous calendar year by the Index Ratio.

3.07Required Distribution Rules

The following provisions will be effective beginning as of the first day of the 1989 calendar year:

(a) Payment to the Participant: Any other provision ofthe Plan notwithstanding, the Plan will cash-out each Participant's Accrued Benefit, or will begin annuity payments, no later than the April I following the calendar year in which he retires, or the later calendar year in which he reaches age 70-1/2.

The Plan will pay the Accrued Benefit over a period not extending beyond the Participant's lifetime or life expectancy, or over a period not extending beyond the joint and last survivor life expectancies of the Participant and his Spouse or other beneficiary, using age(s) attained as of the end of the calendar year in which the Participant retires (or reaches age 70-112 if later), and the Accrued Benefit as of that date. However, if the beneficiary of a joint an survivor annuity form of payment is not the Spouse and is more than I0 years younger than the Participant, payments to the beneficiary will not exceed the applicable percentage of the Participant's benefit payments required by the incidental benefit rule. The Commission will not recalculate the life expectancy(s).

(b) Participant's Death After Benefits Begin: If the Participant dies after his payments have begun in a survivor annuity form, the Commission will pay the survivor benefits at least as rapidly as under the form of annuity in effect before his death.

(c) Participant's Death Before Benefits Begin: If the Participant dies before his payments have begun, the Commission will pay his entire Accrued Benefit no later than December 31 of the calendar year which contains the fifth anniversary of his death. However, this five-year rule will not apply if the primary beneficiary is an individual and circumstances permit the Commission to use the exception described below.
(I) Surviving Spouse as Primary Beneficiary: If the surviving Spouse is the beneficiary, the Commission will begin payments not later than the end of the calendar year during which the Participant would have reached age 70-112, and will continue payments over a period not extending beyond the Spouse's life expectancy, using age attained as of that date and not recalculated.

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COUNTY HOME RULE ORDINANCES

(2) Non-Spouse Primary Beneficiary: Ifthe beneficiary is an individual other than the Spouse, the Commission will begin payments not later than the last day of the calendar year following the year in which the Participant's death occurs, and will continue payments over a period not extending beyond the beneficiary's life, or life expectancy determined as of that date and not recalculated. If the beneficiary dies before receiving 120 payments under the ten years certain and life annuity described in Section 5.02, the Commission will continue to use the primary beneficiary's life expectancy for purposes of making payments to an individual contingent beneficiary.

(d) Compliance with Code Section 40 l (a)(9): The intent of this Section is that the beginning dates and payment periods of benefits payable to each Participant and beneficiary will be within the limitations permitted under Code Section 40 l (a) (9). Ifthere is any discrepancy between this Section and Code Section 40l(a) (9), that Code Section will prevail. With respect to distributions under the Plan on or after January l, 200 l, the Plan will apply the minimum distribution requirements of Section 40 l (a)(9) of the Code in accordance with the regulations under Section 401 (a)(9) that were proposed on January 17, 200 1, notwithstanding any provision of the Plan to the contrary. The previous sentence shall continue in effect until the last calendar year beginning before the effective date of the final regulations under Section 401(a)(9) or such other date as may be published by the Internal Revenue Service.

3.08Code Section415 Limit

In no event will be annual benefits payable to any Participant exceed the limitations contained in Code Section 415.

A. Limitation on Benefits. The remainder of this Section shall be effective as ofJanuary l, 2002.

B. Definitions.
(i) Defined benefit dollar limitation. The "defined benefit dollar limitation" is $160,000 (subject to adjustments required under applicable law for employee contributions) as adjusted, effective January 1 of each year, under Section 415(d) of the Code in such manner as the Secretary of Labor shall prescribe, and payable in the form of a straight life annuity. A limitation as adjusted under Section 415(d) will apply to limitation years ending with or within the calendar year for which the adjustment applies.

GEORGIA LAWS 2004 SESSION

4593

(ii) Maximum permissible benefit: for purposes of this Section 3.08, the "maximum permissible benefit" is the lesser of the "defined benefit dollar limitation" or the" defined benefit compensation limitation" (both adjusted where required, as provided in paragraph (a) of this Section 3.08(b)(ii) and, if applicable, in paragraphs (b) or (c) of this Section 3.08(B)(ii).
(a) If the Participant has fewer than l 0 years of Credited Service, the defined benefit dollar limitation shall be multiplied by a fraction, (i) the numerator of which is the number of years of Credited Service and (ii) the denominator of which is 10. In the case of a Participant who has fewer than 10 years of Credited Service, the defined benefit compensation limitation shall be multiplied by a fraction, (i) the numerator of which is the number of years of Credited Service and (ii) the denominator of which is 10.
(b) If the retirement benefit of a Participant begins prior to age 62, the defined benefit dollar limitation applicable to the Participant at such earlier age is an annual benefit payable in the form of a straight life annuity beginning at the earlier age that is the Actuarial Equivalent of the defined benefit dollar limitation applicable to the Participant at age 62 (adjusted under (a) above, if required). The defined benefit dollar limitation applicable at an age prior to age 62 is determined as the lesser of (i) the actuarial equivalent (at such age) of the defined benefit dollar limitation computed using the interest rate and mortality table (or other tabular factor) specified in Section 1.16 of the Plan and (ii) the actuarial equivalent (at such age) ofthe defined benefit dollar limitation computed using a 5 percent interest rate and the applicable mortality table as defined in Section 1.16 of the Plan. Any decrease in the defined benefit dollar limitation determined in accordance with this Section 3.08(B)(ii)(b) shall not reflect a mortality decrement if benefits are not forfeited upon the death of the Participant. If any benefits are forfeited upon death, the full mortality decrement is taken into account.
(c) If the benefit of a Participant begins after the Participant attains age 65, the defined benefit dollar limitation applicable to the Participant at the later age is the annual benefit payable in the form of a straight life annuity beginning at the later age that is actuarially equivalent to the defined benefit dollar limitation applicable to the Participant at age 65 (adjusted under Section 3.08(B)(ii)(a), if required). The actuarial equivalent of the defined benefit dollar limitation applicable at an age after age 65 is determined as (i) the lesser of the actuarial equivalent (at such age) of the defined benefit dollar limitation computed using the interest rate and mortality table (or other tabular factor) specified in Section 1.16 of the Plan and (ii) the actuarial equivalent (at such age) of the defined benefit dollar limitation computed using a 5 percent interest rate assumption and the applicable mortality table as defined in

4594

COUNTY HOME RULE ORDINANCES

Section 1.16 ofthe Plan. For these purposes, mortality between age 65 and the age at which benefits commence shall be ignored.

C. Notwithstanding anything in this Section 3.08 to the contrary, benefit increases resulting from the increase in the limitations of Section 415(b) of the Code shall be limited to all Employees participating in the Plan who have one hour of Credited Service on or after the first day of the first limitation year ending after December 31, 200 I.

D. For distributions commencing prior to January I, 2002 and for Participants who do not have one hour of Credited Service before this date, the City shall, to the extent required by the Act and in accordance with the Code, apply the limitations contained in Section Code 415, as in effect at the time the distribution commenced; subject to the disregard of Section 415(e) for distributions occurring after January I, 2000.

E. In accordance with Code Section 415(b)(l0), notwithstanding anything in this Section 3.08 to the contrary, for purposes of Employees who became Participants before January I, 1990, the benefit limitations contained in this Section 3.08 shall not be less than such Participant's Accrued Benefit under the Plan (as determined without regard to any Plan amendment made after October 14, 1987).

3.09Enhanced Early Retirement for 1996.

Participants who have attained, or who will have attained, the age of 50 on or before December 31, 1996, and who have completed 5 years of Credited Service as of July I, 1996, and who are employed by Augusta on September 3, 1996, may elect to receive retirement benefits under this Section. Such election must be made on a form designated by Augusta between October I, 1996 and 4:00p.m. on December 23, 1996. Any Participant electing to retire early pursuant to this Section shall have until 4:00 p.m. on the seventh (7th) day following such election to revoke same. A. Enhanced Early Retirement Date: The Enhanced Early Retirement Date of
a Participant shall be the first day of the month immediately following the date he retires from the employ of the City under the provisions of this Section. B. Amount of Retirement Benefit: The monthly retirement benefit payable to a Participant who retires on his Enhanced Early Retirement Date shall be~ amount equal to 2.15% ofhis Average Earnings for the last three years ofhiS Credited Service, multiplied by the total number of years of Credited Service, plus an additional ten (I 0) years of Credited Service to be added to the years of Credited Service for purposes of computing the amount of the retirement benefit, up to 30 years plus 1.5% of his Average Earnings

GEORGIA LAWS 2004 SESSION

4595

multiplied by the number ofyears ofCredited Service in excess ofthirty (30) years, up to a maximum of one hundred ( 100) per centum of average Earnings for the Participant's high three (3) years of Earnings, any contrary provision of this Plan notwithstanding. The amount of the monthly enhanced retirement benefit shall not be reduced for any month or time period by which the Early Retirement Date of a Participant precedes his Normal Retirement Date, notwithstanding any other provision of this Plan to the contrary. C. Prerequisite for Electing Early Retirement: Any Participant electing Enhanced Early Retirement shall be required to execute a covenant not to sue in favor of Richmond County, Georgia and Augusta, Georgia and their officials, agents, and employees for any and all claims arising out of such employee's employment by Richmond County, Georgia and/or Augusta, Georgia, and agreeing not to seek or accept any further employment by Augusta, or its constitutional and elected officials. This provision shall not be construed as prohibiting any such person from seeking any elective position by the State of Georgia or Augusta.

J.l OSpecial Unreduced Early Retirement.

Ifa Participant with at least twenty (20) years of Credited Service is permanently separated from the service involuntarily by action ofthe Commission without any fault on the Participant's part, as determined by the Commission in its sole discretion, the Participant may elect to collect Plan benefits under this Section in lieu of any other Section of this Plan; provided, however, no Participant shall draw any benefits under this Section, and such benefits shall be forfeited, if the Participant is offered another position with Augusta with no reduction in Earnings. (I) Special Retirement Date. The Special Retirement Date of a Participant shall
be the first day of the month which coincides with or next follows the date the Participant elects to retire under the provision of this Section. (2) Amount of Special Unreduced Retirement Benefit. A Participant at retirement under this Section shall receive a monthly retirement benefit, commencing on his Special Retirement Date, provided he is then alive, equal to the amount computed in the same manner as for normal retirement in accordance with Section 3.0 1-B, but based on Credited Service and Earnings as of the Special Retirement Date. (3) Payment of Special Retirement Benefit. The monthly retirement benefit payable in the event ofspecial retirement shall be payable on the first day of each month. The first payment shall be made on the Special Retirement Date and the last payment shall be the payment due next preceding his date of death, subject to the provision of Sections 3.12 or 4.02.

4596

COUNTY HOME RULE ORDINANCES

3.11 Rollover Distributions.

Except where otherwise provided, Section 3.11 shall apply to benefits payable on or after January 1, 1993, but only to the extent required by the plan qualification rules of Section 40 I(a) of the Code.

A. Notwithstanding any contrary provision ofthe Plan, a Distributee may elect, at the time and in the manner prescribed by the City, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.

B. The special capitalized terms used only in this Section 3. II shall have the meanings specified below:

"Direct Rollover" means a payment by the Plan to the Eligible Retirement Plan specified by the Distributee.

"Distributee" means an Employee or former Employee. In addition, the Employee's or former Employee's surviving spouse and the Employee's or former Employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are Distributees with regard to the interest of the spouse or former spouse.

"Eligible Retirement Plan" means an individual retirement account described in Section 408(a) of the Code, an annuity plan described in Section 403(a) of the Code, an annuity contract described in Section 403(b) of the Code, or a qualified trust described in Section 40 I(a) of the Code that accepts the Distributee's Eligible Rollover Distribution. Effective for Plan Years ending before January 1, 2002, in the case of an Eligible Rollover Distribution to the surviving spouse, an Eligible Retirement Plan shall mean only an individual retirement account or individual retirement annuity. Effective as ofJanuary 1, 2002, the definition of"Eligible Retirement Plan" shall also apply to an annuity contract described in Section 403(b) of the Code, an eligible plan under Section 457(b) ofthe Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this Plan, and in the case of a distribution to a surviving spouse, or to a spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code.

"Eligible Rollover Distribution" means any distribution of all or any port1on uf the Accrued Benefit to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: (1) any distribution that is one of a series of substantially equal periodic payments (not less frequently thaJ1

GEORGIA LAWS 2004 SESSION

4597

annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's designated Beneficiary, or for a specified period often years or more; (2) any distribution to the extent such distribution is required under Section 401 (a)(9) of the Code; and (3) the portion of any distribution that is not includable in gross income. Effective as of January 1, 2002, notwithstanding the foregoing, any amount that is distributed on account of hardship shall not constitute an Eligible Rollover Distribution.

3.l2Normal Forms of Benefits for Married Participants.

The provisions of this Section 3.12 shall apply to Participants who have completed at least one hour ofCredited Service on or after August 23, 1984 (with special definitions set forth herein for terms that begin with initial capital letters and are not elsewhere defined):

A. Unless an optional form of benefit has been selected pursuant to Section 5 within the applicable election period pursuant to a Qualified Election, if a Participant dies after the Participant's Early Retirement Date, the Participant's Eligible Spouse, ifany, will receive the same benefit that would be payable if the Participant had retired with an immediate Qualified Joint and Survivor Annuity on the day before the Participant's date of death. The Eligible Spouse may elect to commence payment under such death benefit within a reasonable period after the Participant's death. The Actuarial Equivalent of a Participant's Accrued Benefits which commence later than the date on which payments would have been made to the Eligible Spouse under a Qualified Joint and Survivor Annuity in accordance with this provision shall be adjusted to reflect the delayed payment.

B. Unless the Qualified Preretirement Survivor Annuity has been waived within the election period pursuant to a Qualified Election, if a Participant dies on or before the Early Retirement Date, the Participant's Eligible Spouse, ifany, will receive the same benefit that would be payable if the Participant had:

(i) separated from service on the date of death (or date of separation of service, if earlier), (ii) survived to the Early Retirement Date, (iii) retired with an immediate Qualified Joint and Survivor Annuity at the Early Retirement Date, and (iv) died on the day after the Early Retirement Date.

Notwithstanding any provision herein to the contrary, any Participant whose retirement date is after December 31, 1992 may not waive a Qualified Preretirement Survivor Annuity.

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COUNTY HOME RULE ORDINANCES

C. For purposes of this Section 3.12, Accrued Benefits under this Section 3.12 will be payable to a surviving Eligible Spouse commencing on the later of: (i) the date on which the Participant would have reached Early Retirement Date, or (ii) the date the Participant dies. Benefits commencing after the Early Retirement Date will be the Actuarial Equivalent of the Accrued Benefits to which the Eligible Spouse would have been entitled if Accrued Benefits had commenced at the Early Retirement Date under an immediate Qualified Joint and Survivor Annuity in accordance with Section 3.12(B).

D. A former Participant who has not performed any service after August 22, 1984 but who had completed I0 years ofCredited Service before terminating service and has reached the Early Retirement Date may elect Qualified Preretirement Survivor Annuity protection by filing a written election with the City. Such election shall remain in effect until revoked by the Participant.

E. A Participant's retirement benefit shall not be reduced to take account of Survivor Annuity protection which is in effect during his or her service and before the first date which could have been such Participant's Early Retirement Date. However, with respect to any other period before the Participant's Normal Retirement Date but either on or after the Participant's termination of service or the Participant's Early Retirement Date in which Qualified Preretirement Survivor Annuity protection is in effect, such Participant's Accrued Benefit shall be reduced pursuant to Section 3.02(b)(2). In applying the formula in this Section 3.12(E), the period for which Qualified Preretirement Survivor Annuity protection is in effect shall be computed to years and full months, and a Participant's Retirement Benefit shall be reduced proportionately for each month. Notwithstanding the foregoing, however, reductions shall not be made to Accrued Benefits for Participants who retire on or after December 31, 1992 for any period in which Qualified Preretirement Survivor Annuity Protection is in effect.

F. The Employer shall provide each Participant a written explanation of: (1) the terms and conditions of a Qualified Preretirement Survivor Annuity; (2) the Participant's right to make and the effect of an election to waive the Qualified Preretirement Survivor Annuity; (3) the rights of a Participant's Eligible Spouse; and (4) the right to make, and the effect of, a revocation of a previous election to waive the Qualified Preretirement Survivor Annuity. Such notice shall be provided within the applicable period with respect to such Participant as defined in Code Section 417(a)(3)(B). A Participant rnaY elect (with spousal consent) to waive the requirement that the written explanation be provided at least 30 days prior to the Annuity Starting Date if the distribution commences more than seven days after such explanation is provided.

GEORGIA LAWS 2004 SESSION

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G. Certain Definitions:

(i) "Annuity Starting Date" means the Participant's date of retirement on either the Normal Retirement Date, Early Retirement Date, or Delayed Retirement Date, as the case may be.

(ii) "Eligible Spouse" means the spouse or surviVmg spouse of a Participant, provided that: (I) a former spouse will be treated as the Eligible Spouse and a current spouse will not be treated as the Eligible Spouse to the extent provided under a qualified domestic relations order as described in Section 414(p) of the Code, and (II) Accrued Benefits will not be payable to the Surviving Spouse ofthe Participant unless the Participant and such spouse had been married throughout the one-year period ending on the earlier of the Annuity Starting Date or the date of the Participant's death.

(iii) "Qualified Election" means a waiver of a Qualified Joint and Survivor Annuity or a Qualified Preretirement Survivor Annuity provided under this Section 3.12. Any waiver of a Qualified Joint and Survivor Annuity or a Qualified Preretirement Survivor Annuity shall not be effective unless: (a) the Participant's Eligible Spouse consents in writing to the election; (b) the election designates a specific alternative Beneficiary, including any class of beneficiaries or any contingent beneficiaries, which may not be changed without spousal consent (or the Eligible Spouse expressly permits designations by the Participant without any further spousal consent; (c) the Eligible Spouse's consent acknowledges the effect of the election; (d) the Eligible Spouse's consent is witnessed by a Plan representative or notary public; and (e) if the election is to waive the Qualified Preretirement Survivor Annuity provided under this Section 3.12, the Participant has either terminated service or completed service through the Early Retirement Date. Additionally, a Participant's waiver of the Qualified Joint and Survivor Annuity will not be effective unless such waiver designates a form of benefit payment which may not be changed without spousal consent (or the Eligible Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the Employer's satisfaction that such written consent may not be obtained because there is no Eligible Spouse or the Eligible Spouse cannot be located, a waiver will be deemed a Qualified election. Any consent by an Eligible Spouse obtained under this provision (or establishment that the consent of an Eligible Spouse may not be obtained) shall be effective only with respect to such Eligible Spouse. A consent that permits designations by the Participant without any requirement of further consent by the Eligible Spouse must acknowledge that the

4600

COUNTY HOME RULE ORDINANCES

Eligible Spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that the Eligible Spouse voluntarily elects to relinquish either or both of such rights. A revocation of a prior waiver may be made by a Participant without the consent of the Eligible Spouse at any time prior to commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 3.12(H), and Section 3.12(1).

(iv) "Qualified Joint and Survivor Annuity" means an immediate annuity for the life of the Participant with a survivor annuity for the life of the Eligible Spouse which is 50 percent of the amount of the annuity which is payable during the joint lives of the Participant and the Eligible Spouse and which is the actuarial equivalent of a straight life annuity for the life of the Participant at his or her Normal Retirement Date.

(v) "Qualified Preretirement Survivor Annuity" means the survivor annuity provided in Section 3.12(B).

(vi) "Survivor Annuity" means a Qualified Joint and Survivor Annuity or Qualified Pre-retirement Survivor Annuity.

H. The Employer shall provide each Participant no less than 30 days and no

more than 90 days prior to Annuity Starting Date, a written explanation of:

( 1) the terms and conditions of a Qualified Joint and Survivor Annuity; (2}

the Participant's right to make, and the effect of, an election to waive the

Qualified Joint and Survivor Annuity form of benefit; (3) the rights of a

Participant's Eligible Spouse; (4) the right to make, and the effect of, a

revocation of a previous election to waive the Qualified Joint and Survivor

Annuity; and (5) the relative values of the various optional forms ofbenefit

under the Plan.

(i) Notwithstanding the foregoing, the City, to the extent permitted by

applicable Treasury regulations, may provide the written explanation after

the Annuity Starting Date, in which case the election period shall end on the

30th day after the date on which such explanation is provided.

(ii) A Participant may elect (with spousal consent) to waive the requirement

that the written explanation be provided at least 30 days prior to the Annuity

Starting Date (or the 30-day election period described above in

subparagraph (a)) if the distribution commences more than seven days after

such explanation is provided.

.

(iii) Notwithstanding the foregoing, effective as of January 1, 1997, Ill

accordance with Code Sections 417(a)(7)(A) and 417(a)(7)(B), a Participant

may elect an Annuity Starting Date which is less than thirty (30) days after

the written explanation, as required by Code Section 417(a)(3), is furnished

GEORGIA LAWS 2004 SESSION

4601

to the Participant and his or her spouse, provided the following requirements are met: (i) the Employer provides information to the Participant clearly indicating that the Participant has a right to at least a 30-day period in which to consider whether to waive the automatic form of distribution and consent to another form of distribution; (ii) the Participant is permitted to revoke an affirmative distribution election at least until the Annuity Starting Date or, if later, at any time prior to the expiration of the seven day period beginning with the day after such explanation is provided to the Participant; (iii) the Annuity Starting Date must be a date after the date that the explanation is provided to the Participant, but may be a date before the date that an affirmative distribution election is made by the Participant; and (iv) the distribution must not actually commence before the expiration of the foregoing seven day period.

I. The Employer shall furnish or cause to be furnished to the Participant information concerning elections under Section 3.12 under procedures developed by the Employer in accordance with the Code and the regulations. Any election under Section 3.12 or any modification or revocation of such election must be made by the Participant prior to the date that payments to the Participant commence pursuant to the provisions of the Plan; provided, however, that under such rules and procedures as may be adopted by the Employer and provided the Participant supplies such additional information as the Employer may request (including evidence of the Participant's or his or her Beneficiary's good health), a Participant may modify or revoke an election, subject to Sections 3.12(H) and 3.12(I), after the date payments are to commence.

3.13Supplemental Retirement Benefit: Beginning as of January 6, 1998, Participants who retired pursuant to Section 3 prior to January 1, 1995 shall receive, in addition to their monthly retirement benefits, a payment of two thousand dollars ($2,000) per annum until their death or termination of their participation; provided however, should any court of competent jurisdiction determine that such supplemental retirement benefits are illegal or invalid for any reason, this Section shall be repealed immediately upon such order becoming final.

4602

COUNTY HOME RULE ORDINANCES

SECTION 4 DEATH BENEFITS

4.0 l Death Prior to Retirement

A. Non-duty Connected Death

This paragraph shall only apply if any Plan benefits are paid pursuant to Section 3.12. If an Employee who became a Participant on or after March 18, 1985 dies before retirement, or after retirement, or after retirement without having made the election provided in Section 6, or in case of the death of the survivor of a Participant who has made such election and his spouse after his retirement, his Contributions to the fund, plus interest compounded annually at a rate equal to that average rate of interest earned on investments of the City's pension fund for the twelve ( 12) month period immediately preceding his actual date of retirement under Section 3, less any retirement allowance paid to him or his spouse, shall be paid from the Fund on the order of the pension commission to the Beneficiary or Beneficiaries, if any, named by such Participant.

B. Duty Connected Death

(i) This paragraph shall only apply if any Plan benefits are paid pursuant to Section 3.12, the Participant has not made an election pursuant to Section 6, and the Participant's widow is not receiving benefits under subsection (B)(ii) ofthis Section. The surviving spouse ofany Participant shall be entitled to a survivor pension, provided that the Participant dies while employed by the City, and at the time of death, shall have attained at least age fifty-five (55), with a minimum often (10) years of Credited Service. The amount of the survivor pension shall equal 100% of the pension calculated under Section 3.01 (B). For purposes ofcalculating the retirement benefit under Section 3.01(B) to determine the amount of the survivor pension, the Participant shall be considered to have retired on his date of death.

Notwithstanding anything in this Section to the contrary, subject to Section 3.12, in the event of the death or divorce from the Participant's designated Beneficiary, the Participant may change the Participant's designated Beneficiary.

(ii) This paragraph shall only apply if any Plan benefits are paid pursuant to Section 3.12, the Participant has not made an election pursuant t~ Section 6, and the widow is not receiving benefits under subsection (B){t)
of this Section. The widow of a Participant who is killed in line of duty,
as hereinafter defined, may elect, in lieu of receiving a refund of pension

GEORGIA LAWS 2004 SESSION

4603

contributions under the provisions of the Plan, to receive a pension computed at 25% of the Participant's monthly salary or wages at the time of his death, which shall be payable monthly to the widow, until her death or remarriage, or in the event ofher death leaving a child or children ofthe Participant surviving her, who have not reached their 18th birthday, pension shall be continued to be paid for the benefit of such child or children as long as they remain unmarried and until they reach their 18th birthday; and if there be no widow living at the time of the death of such Participant killed is herein defined, but there be a child or children of Participant living as of date who have not reached their 18th birthday, the guardian of children may make a similar election as that provided for a widow and, in the event such election is made, a pension in amount shall be paid for the benefit of such child or children as long as they remain unmarried and until they reach their 18th birthday.

As used herein, "killed in line of duty" shall mean killed while actively performing the prescribed duties of the Participant's job and not resulting from any misconduct or negligence of such Participant; provided, however, that no payments shall be made under the provisions of this section until such date as any monthly benefits provided under the Workmen's Compensation Laws of Georgia shall have ceased.

4.02Death After Retirement

If a Participant dies subsequent to his retirement and had not elected an optional form of payment in accordance with Section 6, or had elected to receive a deferred benefit under Section 3.02-B(l) or Section 3.05-B but such benefit had not commenced, his Beneficiary shall receive a lump-sum cash amount equal to one-half of the benefits of the deceased Employee, under the provisions of this Plan; provided that no benefits shall payable hereunder if Plan benefits are paid under Section 3. 12 or 4.0 I.

4.03Adjusted Benefit

The amount of monthly retirement benefit provided under this Section 4 shall be adjusted by the cost-of-living adjustment as provided in Section 3.06 upon commencement of such benefit.

4.04Designation of Beneficiaries

A. Each Participant shall designate a Beneficiary to receive the benefits, if any, which may be payable in the event of his death pursuant to the provision of Section 3 or 4. Such designation shall be made in writing on a form provided by the Commission and shall be signed and filed with the

4604

COUNTY HOME RULE ORDINANCES

Commission. The Participant may change his designation from time to time by filing the proper form with the Commission, and each change shall revoke all prior designations by the Participant. In each such designation the Participant may name one or more primary Beneficiaries and one or more contingent Beneficiaries. If no Beneficiary designated by the Participant survives him, the Commission may direct the payment ofsuch benefits to (a) the spouse of the deceased, ifliving; otherwise, to (b) the descendants of the deceased Participant per stirpes or on their behalf as provided in Section 10.04; or if none, to (c) the legal representative of the estate of the deceased Participant.

B. In the event of the death of a Beneficiary who survives the Participant and who, at his or her death, is receiving benefits as described in A immediately above, the remaining benefits, ifany, shall be payable to a person designated by the Participant to receive the remaining benefits, or, if no person was so designated, then to a person designated by the Beneficiary of the deceased Participant; provided, however, that if no person so designated be living upon the occurrence of such contingency, the remaining benefits, if any, shall be payable to (a) the spouse of the deceased Participant, if living; otherwise to (b) the descendants of the deceased Beneficiary per stirpes or on their behalf as provided in Section 10.04; or if none, to (c) the legal representative of the estate of the deceased Beneficiary, as the Commission in its sole discretion may determine.

C. In the event the Commission does not direct the payments as specified in A or B immediately above, the Commission may elect to have a court of applicable jurisdiction determine to whom payments should be made, and shall follow such instructions as the court may give.

SECTION 5 CONTRIBUTIONS

5.01 Contributions
The City shall contribute sufficient amounts annually to the Fund. The Comptroller shall certify to the Commission such amounts are necessary to be appropriated each year upon the basis of the actuarial survey and valuation. City contributions shall be paid to the Fund and shall be used only for the benefit of the Participants and beneficiaries of the Plan.

5.02Participant Contributions
A. Each Participant hired after June 30, 1980 shall contribute to the Fund a each pay period an amount equal to eight percent (8%) of his Earning&

GEORGIA LAWS 2004 SESSION

4605

Contributions by the Participant shall cease at the earlier of (a) his date of termination ofemployment for any reason, and (b) his actual retirement date.

B. Withdrawals of Participant Contributions: Any Employee who became a Participant on or after March 1, 1949 who terminates employment before becoming eligible for retirement in accordance with Section 3 may, upon receiving approval from the Comptroller, withdraw the total of all of his Contributions, without interest; provided that if the Participant does not make a request to withdraw his Contributions within four (4) years of his date of employment termination, his Contributions shall revert to the Fund and may not be withdrawn by the Participant.

SECTION 6 OPTIONAL FORMS OF RETIREMENT INCOME

6.01 Election of Optional Retirement Benefits

An Employee who became a Participant as of March 1, 1949 may elect, or may revoke a previous election and make a new election, at any time 30 days or more prior to his Normal Retirement Date, Early Retirement Date or Delayed Retirement Date, whichever is applicable, to have his retirement benefit payable under one of the options hereinafter set forth in lieu of the retirement benefit he is otherwise entitled to receive under Section 3. The benefit shall be paid in accordance with the terms of such option elected. Election of any option under this Section shall be made by the Participant in writing and shall be subject to approval by the Commission. No optional election is available for Disability Retirement (Section 3.03).
I
Notwithstanding anything in this Section to the contrary, unless the Participant files a written notice of his election of this option with the Comptroller at least three (3) years before he becomes eligible to retire, he shall be required to pass a physical examination to the satisfaction of the Commission.

6.02Description of Options

The amount of any optional retirement benefit set forth below shall be the Actuarial Equivalent, as determined by the Commission, ofthe amount ofbenefit that would otherwise be payable to the Participant under the applicable provision of Section 3 without regard to any future cost-of-living adjustments.

Option A - Ten Years Certain and Life Option: An adjusted monthly retirement benefit payable to the Participant during his lifetime and, in the event ofhis death within a period of ten years after his retirement, the same monthly amount shall be payable for the remainder of such ten year period to his Beneficiary.

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COUNTY HOME RULE ORDINANCES

Option B - Joint and Last Survivor Option: An adjusted monthly retirement benefit which shall be payable during the joint lifetime of the Participant and his Joint Annuitant, with a previously designated percentage (1 00%, 75%, or 50%) of the benefit amount continuing after the death of either during the lifetime of the survivor.

The amount of monthly retirement benefit payable under any option selected in accordance with the provisions of this Section shall be adjusted by the cost-of-living adjustment as provided in Section 3.06; provided, however, that if payments are to be made to an estate the commuted value of such payment shall be made in lieu of continuation of monthly payments. Such commuted value shall be equal to the amount of the lump-sum value of the remaining monthly payments in the amount of the last monthly payment, discounted on such actuarial tables as may be adopted by the Commission, ignoring any future cost-of-living adjustments.

6.03Joint Annuitant or Beneficiarv

A Participant who elects Option A shall, on a form provided for that purpose, designate (in accordance with Section 4.04) a person to receive benefits payable in the event of his death. Such person(s) shall be the Beneficiary of the Participant.

A Participant who elects Option B with benefits payable after his death for another person's lifetime shall, on a form provided for that purpose, designate a person to receive the benefits which continue to be payable upon the death ofthe Participant. Such person shall be the Joint Annuitant of the Participant.

6.04Cancellation of Election

The election by a Participant of Option B shall be null and void if either the Participant or his designated Joint Annuitant should die before benefits commence.

SECTION 7 ADMINISTRATION OF PLAN

7. 0 1Administration

A. Powers of the Commission: The Commission shall control the administration of the Plan hereunder, with all powers necessary to enable.it properly to carry out its duties in that respect. Not in limitation, but 111 amplification of the foregoing, the Commission shall have the power to construe the Plan and to determine all questions that shall arise thereunder,

GEORGIA LAWS 2004 SESSION

4607

and shall also have all the powers elsewhere herein conferred upon it. It shall decide all questions relating to the eligibility of Employees to participate in the benefits of the Plan, and shall determine the benefits to which any Participant, Beneficiary, or Joint Annuitant may be entitled under the Plan. The decisions ofthe Commission upon all matters within the scope of its authority shall be final and binding upon all parties to this instrument, Participants, and their Beneficiaries and Joint Annuitants.

B. Records of the Commission. All acts and determination of the Commission shall be duly recorded by the Clerk, or under his supervision, and all such records, together with such other documents as may be necessary for the administration of the Plan shall be preserved in the custody of such Clerk.

C. Exemption from Liability of the Commission. The members of the Commission, and each of them, shall be free from all liability, joint, and several, for their acts, omissions and conduct, and for the acts, omissions and conduct of their duly constituted agents, in the administration of the Plan, and the City shall indemnify and save each ofthem harmless from the effects and consequences of their acts, omissions, and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own willful misconduct.

D. Miscellaneous: The Commission shall prepare and distribute to the Employees information concerning the Plan, at the expense of the City, in such manner as it shall deem appropriate.

To enable the Commission to perform its functions, the City shall supply full and timely information of all matters relating to the compensation and length of service of all Participants, their retirement, death or other cause of termination of employment, and such other pertinent facts as the Commission may require.

The Commission shall be entitled to rely upon all tables, valuations, certificates, and reports furnished by an actuary, who shall be a member of the American Academy of Actuaries, or an organization which one or more members is a member of the American Academy of Actuaries and upon all certificates and reports made by an accountant selected or approved by the Commission. The Commission shall be fully protected in respect to any action taken or suffered by it in good faith in reliance upon the advice or opinion of any actuary, accountant, or attorney, and all action so taken or suffered shall be conclusive upon each member of the Commission and upon all persons interested in the Plan.

4608

COUNTY HOME RULE ORDINANCES

SECTION 8 TRUST FUND AND TRUSTEES

8.01 Trust Fund

There is created a permanent pension Fund for the benefit of each Participant covered by this Plan, and shall be kept in a separate account specifically delineated as the Plan's funds, with a separate, permanent record thereof to be kept by the Comptroller. The assets of the Fund shall be held and administered by the Commission. The Fund shall consist of all payments by the County and Participants to the Fund and earnings from investments. The assets of the Fund shall be valued as of the end of each plan year, and at any other time required by the Commission, and at the then existing book and market value. The Fund is hereby declared not to be the property of the Commission or the City, and this includes any sum paid in or directed to be paid in by the Commission and it shall reserve no property in any sum raised or due by virtue of the Plan.

The Comptroller shall maintain a separate and permanent record ofthe Fund. All decisions of the Commission in regard to the Fund or any payments or withdrawals therefrom shall be recorded in the minutes of the Commission and also entered on the permanent record kept by the Commission and sucll permanent record shall be open to inspection by any interested person at all regular business hours.

No warrant shall be drawn upon the Fund except as otherwise provided in the Plan.

8.02Arnendment of Trust

The City shall have the right at any time, by an instrument in writing duly
executed by the Commission and to the Trustee, to modify, alter, or amend this
Plan and Trust in whole or in part; provided, however, that the duties, powers, and liability ofthe Trustee hereunder shall not be substantially increased without its written consent, and provided further, that no such amendment shall have the effect of revesting in the City any part of the principal or income of the Fund.

8.03Discontinuance of Trust and Vesting

The City expressly reserves the right to terminate this Plan and Trust Agreement at any time. Upon termination of the Plan by the City, or complete discontinuance of Contributions thereunder, having the effect of termination, the rights of each Participant to benefits accrued to the date of such termination or discontinuance, to the extent then funded, shall be nonforfeitable. In either case the Commission shall, upon instructions from the City, continue to administer the

GEORGIA LAWS 2004 SESSION

4609

Fund as provided in Section 7. No part of the Fund shall at any time revert to the City unless all benefits for Participants and their Payees have been provided.

8.04Powers of the Commission

The Commission shall have the following power and authority in the administration of the Fund to be exercised in accordance with and subject to the provisions of Section 7.05 hereof:

The Commission shall control the administration ofthe Plan hereunder, with all powers necessary to enable it to properly carry out its duties in that respect. Not in limitation, bur in amplification of the foregoing, the Commission shall have the power to construe the Plan and to determine all questions that shall arise thereunder, and shall also have all the powers elsewhere herein conferred upon it. It shall decide all questions relating to the eligibility of Employees to participate in the benefits of the Plan, and shall determine the benefits to which any Participant or beneficiary may be entitled under the Plan. The decisions of the Commission upon all matters within the scope of this authority shall be final and binding upon all parties to this instrument, Participants and their Beneficiaries.

All acts and determinations of the Commission shall be duly recorded by the Clerk, or under his supervision and all such records, together with such other documents as may be necessary for the administration of the Plan, shall be preserved in the custody of such Clerk.

The Commission shall prepare and distribute to the Employees information concerning the Plan at the expense of the City, in such manner as it shall deem appropriate.

To enable the Commission to perform its functions, the City shall supply full and timely information of all matters relating to the compensation and length of service of all Participants, their retirement, death or other cause oftermination of employment, and such other pertinent facts as the Commission may require.

8.05 Investment of Fund

The Comptroller shall be the Trustee of the Fund and shall deposit the same in a bank or banks, and, pursuant to the direction of the Pension Fund Investment Committee, shall invest and reinvest, from time to time, any portion there of not immediately needed for the payment of pensions, in securities approved by law for the investment of trust funds, as the Pension Fund Investment Committee shall deem proper, from time to time; provided, however, that the amount of the Fund which may be invested in such securities other than those specifically

4610

COUNTY HOME RULE ORDINANCES

approved by law for the investment of trust funds may not exceed fifty percent (50%) of the total amount of such fund then outstanding; and in addition thereto, the Pension Fund Investment Committee may invest such funds in bonds and debentures assumed or guaranteed by any solvent corporation or institution existing under the laws of the United States of America, or any state thereof, provided such bonds or debentures are rated at the time of their purchase, by a nationally recognized securities rating service, as AAA (Aaa), AA (Aa), or A (a) or in lieu thereof, provided such bonds or debentures are the type in which domestic life insurance companies are permitted to invest under the provisions ofSection 33-11-20 ofthe Official Code ofGeorgia Annotated, as amended. The amount of the Fund which may be invested in the bonds and debentures of any one corporation may not exceed ten percent {l 0%) of the total amount of the Fund then outstanding.

Withdrawals from the Fund for investment purposes shall only be made by vouchers signed by the Comptroller or Deputy Comptroller and countersigned by the Mayor as chief executive officer of Augusta-Richmond County. The Comptroller shall maintain a record of the age, length of service, and contributions of each Participant.

8.06Taxation

The Commission is hereby authorized to levy a tax from time to time to raise a sufficient sum to meet the requirements of the Plan for paying into the Fund an amount equal to the amount contributed by Participants to the Fund; and in the event such amount contributed by the Participants should be increased to five per centum ofEarnings and the five per centum contributed by the Commission, shall be insufficient to pay the pensions provided for in the Plan, then and in that event the Commission shall levy a sufficient tax to meet all payments as required by the Plan, and from time to time to continue to do so.
8.07Resignation of Trustee
The Trustee may resign as Trustee of the Trust at any time by giving sixty days written notice to the County, or with the consent of the County, may resign at any time. At such time as the resignation becomes effective, the Trustee shall render to the County an account of its administration of the Fund during the period following that covered by its last annual account, and shall perform all acts necessary to transfer and deliver the assets of the Fund to its successor.

GEORGIA LAWS 2004 SESSION

4611

8.08Successor Trustees

In the event of vacancy of one or more individuals in the trusteeship of this Trust occurring at any time, the Commission shall designate and appoint qualified successor trustee(s) until such individuals are elected by the electorate.

8.09Disbursements

Upon written direction (which may be a continuing one) from the Commission as to the name of any person to whom money is to be paid from the Fund and the amount thereof, checks shall be drawn by the Trustee in the name of the person designated by the Commission and deliver such checks in such manner and amounts and at such time as the Commission shall direct. In the event the Trustee shall deem it necessary to withhold any distribution pending compliance with legal requirements with respect to probate ofwills, appointment ofpersonal representatives, payment of or provision for estate or inheritance taxes, or for death duties or otherwise, the Trustee shall withhold payment pending receipt of the instructions from the City Attorney to make such distribution.

SECTION9 AMENDMENT AND TERMINATION

9.01Amendment of the Plan

The City shall have the right at any time pursuant to authorization of the Commission, to amend any or all of the provisions of the Plan; provided, however, that no such amendment shall authorize or permit any part of the Fund to be diverted to purposes other than for the exclusive benefit ofParticipants and their Payees; and further provided, that no amendment shall have the effect of revesting in the City any portion ofsuch Fund except such amounts which remain in the Fund after termination of the Plan and after all liabilities under the Plan have been satisfied.

9.02Termination of the Plan

The City expects this Plan to be continued indefinitely but, ofnecessity, reserves the right to terminate the Plan and its Contributions thereunder at any time by action of the Commission; provided, however, that should the City terminate the Plan or completely discontinue Contributions hereunder so as the amount to a Plan termination, the accrued benefit of each Participant, to the extent then funded, shall become fully vested and nonforfeitable as the date of termination.

4612

COUNTY HOME RULE ORDINANCES

In the event of termination of the Plan and upon receipt of written notice of such termination, the Commission shall arrange for the Fund to be apportioned and distributed in accordance with the following procedure:

A. The Commission shall determine the date of distribution and asset value of the Fund to be distributed, taking into account the expenses of distribution.
B. The Commission shall determine the method of distribution of the asset value ~ that is, whether distribution to each Participant or Payee entitled to benefits shall be by payment in a lump-sum cash amount, the purchase ofan annuity from an insurance company, or otherwise.

C. The Commission shall apportion the asset value in the priority and manner set forth below, on the basis that the amount required to provide any given retirement benefit shall mean the actuarially computed single-sum value of such benefit, except that if the method of distribution determined under B above involves the purchase of an insured annuity, the amount required to provide the given retirement benefit shall mean the single premium payable for such annuity:
(1) An amount equal to each Participant's Contributions under the Plan with interest, less the aggregate amount of any benefit payments previously made with respect to such Participant, will be determined and such amount apportioned from the asset value. Such asset value, if insufficient to provide such amounts in full will be apportioned among such Participants in proportion to the amounts determined with respect to them.
(2) If there be any asset value remaining after the apportionment under (l) above, apportionment shall next be made with respect to each retired Participant receiving a retirement benefit hereunder an such date, each person receiving a retirement benefit on such date on account of a retired (but since deceased) Participant, each Participant who has, by such date, reached his Normal Retirement Date but has not yet retired, in the amount required to provide such retirement benefit as of the date of termination of the Plan, less any apportionment made in ( 1) above, provided that, if such remaining asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value.
(3) If there be any asset value remaining after the apportionments under (1) and (2) above, apportionment shall next be made with respect to each active Participant on such date who has reached his Early Retirement Date but has not yet retired, in the amount required to provide such retirement benefit as of the termination date ofthe Plan, less any apportionment in (1} above, provided that, if such remaining asset value be less than the aggregate ofthe amounts apportioned hereunder, such latter amounts shall

GEORGIA LAWS 2004 SESSION

4613

be proportionately reduced so that the aggregate of such reduced values will be equal to such remaining asset value. (4) If there be any asset value remaining after the apportionments under (1), (2), and (3) above, apportionment shall next be made with respect to each active Participant on such date who has completed at lease 10 years of Credited Service and each former Participant then entitled to a deferred benefit under Section 3.05B hereof who has not, by such date, reached his Normal Retirement Date, none of whom is entitled to an apportionment under (2) above, in the amount required to provide the actuarially determined value of the accrued benefit as of the termination date of the Plan, less any apportionment in (1) above; provided that, ifsuch remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced values will be equal to such remaining asset value. (5) If there be any asset value remaining after apportionments under (1), (2), (3), and (4) above, apportionment shall lastly be made with respect to each active Participant on such date who is not entitled to an apportionment under (2), (3), or (4) above, in the amount required to provide the actuarially determined value of the accrued benefit as of the date of termination of the Plan, less any apportionment in ( 1) above; provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately. reduced so that the aggregate ofsuch reduced values will be equal to such remaining asset value. (6) In the event that any asset value remains after the full apportionments specified in paragraphs C(l), (2), (3), (4), and (5) above, such excess shall revert to the City.

D. The Commission shall cause to be distributed, in accordance with the manner of distribution determined under B above, the amounts apportioned under C above.

SECTION 10 MISCELLANEOUS

10.01 Headings

The headings and subheadings in this Plan have been inserted for convenience of reference only and are to be ignored in any construction of the provisions hereof

4614

COUNTY HOME RULE ORDINANCES

l 0. 02 Construction

In the construction of this Plan the masculine shall include the feminine and the singular the plural in all cases where such meanings would be appropriate.

If any provisions of this Plan, or the applicability thereof to any person or circumstance, is held invalid, the remainder of this Plan and the applicability thereof and of such provision to other persons or circumstances shall not be affected thereby.

This Plan shall be construed in accordance with the laws of the State of Georgia. l 0.03 Nonalienation

No benefits payable under the Plan will be subject to the claim or legal process ofany creditor ofany Participant or beneficiary, and no Participant or beneficiary will alienate, transfer, anticipate, or assign any benefits under the Plan, except that distributions will be made pursuant to (a) qualified domestic relations orders issued in accordance with Code Section 414 (p), (b) judgments resulting from federal tax assessments, and (c) as otherwise required by law.

10.04 Benefits Supported Only By Fund
Any person having any claim under the Plan will look solely to the assets of the Fund for satisfaction. In no event will the City, or any of its officers, members of the Commission, or agents, be liable in their individual capacities to any person whomsoever, under the provisions of the Plan.

10.05 Discrimination
The City, through the Commission, shall administer the plan in a uniform and
consistent manner with respect to all Employees and shall not permit discrimination in favor of officers, supervisory or highly-paid employees.

I 0.06 Limitation of Liability; Legal Actions
It is expressly understood and agreed by each Employee who becomes a
Participant hereunder, that except for its or their willful negligence or fraud. neither the City, the Trustee, nor the Commission shall be in any way subject to any suit or litigation, or to any legal liability, for any cause or reason whatsoever, in connection with this Plan or its operation, and each such Participant herebY releases the City, Trustee, Commission, and all its officers and agents from anY and all liability or obligation.

GEORGIA LAWS 2004 SESSION

4615

10.01 Claims

Any payment to a Participant, Joint Annuitant, or Beneficiary, or to their legal representatives, in accordance with the provision of this Plan, shall to the extent thereof be in full satisfaction of all claims hereunder against the Commission, Trustee, and the City, any ofwhom may require such Participant, Beneficiary, or legal representative, as a condition precedent to such payment, to execute a receipt and release therefore in such form as shall be determined by the Commission.

10.08 Forfeitures

Forfeitures arising from any cause whatsoever under this Plan shall not be applied to increase the benefits any Participant would otherwise receive under the Plan at any time prior to the termination of the Plan or the complete discontinuance of City Contributions hereunder; forfeitures shall be applied to reduce the City's Contributions under the Plan in the then current or subsequent years.

10.09 Applications

All applications for retirement or the withdrawal of Contributions shall be made in writing on forms prescribed by the Comptroller and filed in his office.

All applications for retirement shall be acted upon by the Committee. The Secretary shall keep a careful record of all Committee proceedings. Upon certification by the Secretary that a majority of the Committee has determined that the applicant is entitled to retirement of a given amount, which decision shall not be unreasonably or unlawfully made, and subject to the procedure regarding disability applications described in Section 3.03, the Comptroller shall include his name on the pension list and shall draw monthly vouchers for the payment of his retirement benefits. The Augusta-Richmond County Commission may adopt further reasonable rules and regulations for the purpose of carrying out the purposes of this Section.

10.10 Effect of Extension of the Federal Social Security Act

If the Federal Social Security Act is extended to include municipal employees, the Commission shall have power to reduce pro tanto the Contributions of Participants and the amounts of the retirement benefits to which they may become entitled under the Plan; provided that no reduction shall be made in the amount of the retirement benefits paid to any such Participant already retired prior to the effective date that the Federal Social Security Act is extended to include municipal employees.

4616

COUNTY HOME RULE ORDINANCES

IN WITNESS WHEREOF, the County has caused this amended Plan to be duly executed as of the day of the 20th day of February, 2002, but effective as of January I, 1997.

ATTEST:

AUGUSTA-RICHMOND COUNTY COMMISSION, AS SUCCESSOR TO THE RICHMOND COUNTY BOARD OF COMMISSIONERS, AS EMPLOYER

s/ LENA J BONNER (Seal) Clerk

By: s/ BOB YOUNG Mayor
AUGUSTA-RICHMOND COUNTY COMMISSION, AS SUCCESSOR TO THE RICHMOND COUNTY BOARD OF COMMISSIONERS, AS TRUSTEE

s/BOB YOUNG Mayor

This Ordinance shall be effective as of January 1, 1997. All ordinances and parts ofOrdinances in conflict with the provisions of this Ordinance are hereby repealed.

APPROVED AND ENACTED by the Augusta-Richmond County Commission, on the 20th day of February, 2002.

ATTEST: s/ LENA J. BONNER Clerk

s/BOB YOUNG Mayor

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF RICHMOND

Personally appeared before me, Judith Greene, to me known, who being sworn.
deposes and says: That He/She is the authorized agent of Southeastern Newspapers
Corporation, a Georgia Corporation, doing business in said county under the trade
name The Augusta Chronicle, a newspaper published in said county; That He/She is authorized to make affidavits of publication on behalf of said publis~er corporation, The Augusta Chronicle. That said newspaper is of general circulation in said county and in the area adjacent thereto; That He/She has reviewed the

GEORGIA LAWS 2004 SESSION

4617

regular editions ofsaid newspapers published on January 17,24, 31, 2002, and finds that the following advertisement appeared in each of said editions; to-wit:

~s/;J.=:UD=IT~H'=--"G=RE=E=N-""E"'--_ _ _ _ _ _(deponent)

sworn to and subscribed before me this 23 day of March, 2004.

s/ CAMERON SULLIVAN Notary Public, Richmond County Georgia.
[SEAL] MY COMMISSION EXPIRES JANUARY 13,2008.

PUBLIC NOTICE

The public is hereby notified that the County Attorney will present to the Augusta-Richmond County Commission, at its regular meeting on February 5, 2002, and on February 20, 2002, an Ordinance to amend the CITY COUNCIL OF AUGUSTA 1949 AUGUSTA RETIREMENT SYSTEM (Ga. Laws 1949,p. 1070, as amended) so as to conform the Plan with relevant federal laws that have been promulgated since the Plan was enacted including the relevant provisions of the Uruguay Round Agreements Act, the Uniformed Services Employment and Reemployment Rights Act of 1994, The Small Business Job Protection Act of 1996, the Taxpayer Relief Act of 1999, the Internal Revenue Service Restructuring and Reform Act of 1996, and the Community Renewal Tax Relief Act of 2000 (collectively "GUST") and certain provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001; to repeal conflicting ordinances; and for other purposes.

The public is hereby further notified that it is necessary for the Augusta-Richmond County Commission to adopt said Ordinance at Two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted by O.C.G.A. 36-35-3, providing for home rule by municipalities and the Constitution of the State of Georgia providing for home rule by counties.

The public is further notified that a copy of the proposed Ordinance has been filed with the Clerk of Superior Court of Richmond County, Georgia, City-County Building, 5th Floor, 500 block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of same are available with the Clerk of the Commission for any member of the public.

4618

COUNTY HOME RULE ORDINANCES

This 9th day of January, 2002. JAMES B. WALL County Attorney Augusta, Georgia Jan. 17,24,31,2002

Filed in the Office of the Secretary of State March 30, 2004.

Adv. #899891

AUGUSTA-RICHMOND COUNTY- RICHMOND EMPLOYEES PENSION FUND; AMENDED.
ORDINANCE NO. 6657
RICHMOND EMPLOYEES PENSION FUND As Amended and Restated Effective January 1, 1997
CONTENTS PAGE
SECTION 1 DEFINITIONS ....................................... 6 1.01Accrued Benefit ............................................ 6 1.02Actuarial Equivalent ........................................ 6 1.03Average Earnings .......................................... 6 1.04Beneficiary ............................................... 6 1.05Code .................................................... 6 1.06Commission ............................................... 6 1.07Contributions .............................................. 6 1.08Credited Service ........................................... 6 1.09Earnings .................................................. 7 l.lOEffective Date ............................................. 8 1.11Employee ................................................. 8 l.l2Employer or County ........................................ 8 1.13Fund ..................................................... 8 1.14Interest ................................................... 8 l.l5Joint Annuitant ............................................ 8 l.l6Participant ................................................ 9 1.17Payee .................................................... 9 1.18P1an ..................................................... 9 1.19P1an Year ................................................. 9 1.20Tota1 and Permanent Disability ............................... 9 1.21 Trust Agreement or Trust ................................... 9 1.22Trustee .................................................. 10
SECTION 2 ELIGIBILITY AND PARTICIPATION .................. 10 2.01E1igibi1ity ................................................ 10

GEORGIA LAWS 2004 SESSION

4619

SECTION 3 RETIREMENT DATES AND BENEFITS . . . . . . . . . . . . . . . . 10 3.01Norma1 Retirement ........................................ 10 3.02Early Retirement .......................................... 10 3.03Disability Retirement ....................................... 11 3.04Delayed Retirement ........................................ 13 3.05Termination of Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3.06Cost-of-Living Adjustment of Benefits . . . . . . . . . . . . . . . . . . . . . . . . . 14 3.07Required Distribution Rules ................................. 15 3.08Code Section 415 Limit ..................................... 16 3.09Enhanced Early Retirement for 1996 ........................... 18 3.10Specia1 Unreduced Early Retirement ........................... 19 3.11 Ro Hover Distributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3.12Normal Forms of Benefits for Married Participants . . . . . . . . . . . . . . . 21 3.13Supplemental Retirement Benefit ............................. 25 3.14Past Increases ............................................ 25
SECTION 4 DEATH BENEFITS .................................. 25 4.01 Death Prior to Retirement ................................... 25 4.02Death After Retirement ..................................... 27 4.03Adjusted Benefit .......................................... 27 4.04Designation of Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
SECTION 5 CONTRIBUTIONS .................................. 27 5.01 County Contributions ....................................... 27 5.02Participant Contributions .................................... 28
SECTION 6 ADMINISTRATION OF PLAN ........................ 28 6.01 Administration ............................................ 28
SECTION 7 TRUST FUND AND TRUSTEES ....................... 29 7.01 Trust Fund ............................................... 29 7.02Amendment of Trust ....................................... 30 7.03Discontinuance of Trust and Vesting ........................... 30 7.04Powers of the Commission .................................. 30 7.05Investment of Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 7.06Taxation ................................................. 31 7.07Resignation of Trustee ...................................... 32 7.08Successor Trustees ......................................... 32 7.09Disbursements ............................................ 32
SECTION 8 AMENDMENT AND TERMINATION .................. 32 8.01 Amendment of the Plan ..................................... 32 8.02Termination of the Plan ..................................... 33
SECTION 9 MISCELLANEOUS .................................. 35 9.01Headings ................................................ 35 9.02Construction ............................................. 35 9.03Nonalienation ............................................ 35 9.04Legally Incompetent ....................................... 35 9.04Benefits Supported Only By Fund ............................. 36

4620

COUNTY HOME RULE ORDINANCES

9.05Discrimination ............................................ 36 9.06Limitation of Liability; Legal Actions .......................... 36, 9.07Claims .................................................. 36 9.09Forfeitures ............................................... 36 9.1 OMaximum of One Benefit at a Time ........................... 36 9.11 Applications .............................................. 36 9.12Report ofTreasurer ........................................ 37 9.13Consequence ofPlan Violation ............................... 37

RICHMOND EMPLOYEES PENSION FUND

INTRODUCTION

Effective March 1, 1945, the Board of Commissioners of Richmond County established the "Richmond Employees Pension Fund", hereinafter referred to as the Plan. The Plan covers Employees hired on or before September 30, 1975, meaning no one hired after that date is eligible to participate in the Plan.

On February 20, 2002, the Augusta-Richmond County Commission, as successor to the Richmond County Board of Commissioners approved this restatement ofthe Plan effective January 1, 1997 so as to conform the Plan with relevant provisions of the Uruguay Round Agreements Act, the Uniformed Services Employment and Reemployment Rights Act of 1994, the Small Business Job Protection Act of 1996,
the Taxpayer Relief Act of 1997, the Internal Revenue Service Restructuring and
Reform Act of 1998, and the Community Renewal Tax Relief Act of 2000 (collectively the "GUST" Amendments), and to reflect certain provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA"), with such EGTRRA amendments being made as good faith compliance with the
requirements of EGTRRA, to be construed in accordance with EGTRRA and
guidance issued thereunder. The Plan is also restated in accordance with past practices required to maintain the Plan's tax-qualified status under the Internal Revenue Code of 1986, as amended, and includes a few other changes designed to facilitate its administration.

The EGTRRA amendments set forth in Sections 3.08 and 3.09 shall cease to be effective as of December 31, 2010 unless they are otherwise extended by law.

It is the County's intention to fully honor all benefits and rights that Plan Participants have accrued under the Plan prior to this restatement. The Plan shall be administered and construed accordingly, and the Plan's administrator shall construe and interpret every provision of the Plan's restatement as effective January 1, 1997 in a manner that preserves each Plan Participant's benefits or rights that accrued prior to February 20, 2002. Specifically, the restated Plan honors the following pre-2002 Plan provisions in the following manner:

GEORGIA LAWS 2004 SESSION

4621

Plan Provision
Continued Participation for those employed on 9/3011975
Funding: Creation and Administration
Plan Administration
Benefit Payments
County Contribution
Employee Contributions
Funding Adjustments per Actuary
Levying of Taxes
Fund Assets not County Property
Uniform Administration
Normal Retirement Benefits
Early Retirement Benefits
Delayed Retirement Benefits
Calculation of Benefits and Credited Service
Cost of Living Adjustments
Enhanced Early Retirement Benefits

Prior Plan Section 4
5 6 7 8 9 10 11 12 13 14-(b) 14-(b) 14-(b) 14-(b); Paragraph IV 14-(b); Paragraph IV 14.1

2002 Plan Section 2.01
7 6 7.09 5.01 5.02 5.01 7.06 7.01 9.06 3.01 3.02 3.04 3.05 3.06 3.09

4622

COUNTY HOME RULE ORDINANCES

Age 35 limit on participation

15

Superseded and

inapplicable

Special Unreduced

16

3.10

Early Retirement (20+

years)

Age 65 retirement
Disability Retirement Benefits

17

Incorporated into 3.01

18

3.03

Disability if 12+ years

19

of service

3.03(A) (see parentheses)

Past Increases to be

20

3.14

honored

Return of Employee Contributions

20(A)

5.02(c)

Cost of Living Adjustments
Survivorship Benefit

20(A) 21

3.06

4.0l(a)

!

Reemployment

22

1.08 (4th para).

Honor Past Provisions

23

Introduction

i

Surviving Spouse

24(A); 24(B); and 24-C

!
3.12A; 4.02; and

Benefits; Benefits for

4.0l(B)(l)

-- Widows of Employees

I i

Killed in Line of Duty

The Plan will be administered by the Commission as described in Section 6. All

benefits to be provided under the Plan will be funded under a trust established in

accordance with Section 7.

None of the retirement provisions of the Plan shall be construed to repeal or in anY manner interfere with the Acts of the Extra Session of Georgia Laws, 1937-1938,
pages 875-880, inclusive, designated "Richmond Officers and Employees Act:~
amendments thereof; or hereafter made, provided, this Plan shall not be consuu:J to include within the Plan any employee not heretofore covered by the "Richtn Officers and Employees Act."

GEORGIA LAWS 2004 SESSION

4623

SECTION 1 DEFINITIONS

As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meanings indicated:

t.OlAccrued Benefit- The retirement benefit which the Participant has earned as of the date of determination, calculated under Subsection 3.01 (b) on the basis of his Average Earnings and Credited Service, which is payable as of his Normal Retirement Date in the form of a life annuity, with a guarantee of the refund of Employee Contributions with interest for the Participant who dies before receiving an amount of benefit payments that at least equal his Employee Contributions with interest.

I.02Actuarial Equivalent- A benefit of equal value computed on the basis of (a) the 1971 Group Annuity Mortality Table, and (b) interest at 6% compounded annually for forms of payment other than lump sum; the interest rate used to determine the equivalent lump sum value of monthly benefits will be in PBGC schedule of immediate and graded deferred rates in effect on the first day ofthe Plan Year in which the benefit is calculated.

I.03Average Earnings- The monthly average of the Participant's Earnings for the five consecutive calendar years, immediately preceding the earlier to occur of: (a) the date on which the Participant's employment with the employer terminates for any reason or (b) the Participant's actual retirement date. Average Earnings shall be determined by dividing the total earnings received by the Participant during the appropriate five year period, or lesser number of years if applicable, by the number of months for which he received earnings in such period.

1.04Beneficiary- The person(s) designated by the Participant in accordance with Section 4.04 who is entitled to receive benefits at the death of a Participant under Section 3 or 4.

1.05Code- The Internal Revenue Code of 1986 as amended from time to time, and regulations or rulings issued thereunder.

1.06Commission - Augusta-Richmond County Commission, as successor to the Richmond County Board of Commissioners, which shall act in the dual capacity of administrator of the Plan and Trustee of the Fund.

1.07Contributions - The payments made by the Participants to the Fund in accordance with Section 5.

4624

COUNTY HOME RULE ORDINANCES

1.08Credited Service - The number of years of uninterrupted and continuous employment (completed months expressed as a fractional year) of the Employee with the Employer from (a) the date he last entered the employment of the Employer, to (b) the earlier ofhis date oftermination of employment for any reason or his actual retirement date.

Credited Service will not be interrupted by: (a) vacation, or approved leave 9f absence authorized by the Employer in accordance with a uniform policy applied on a nondiscriminatory basis to all Employees similarly situated; (b) voluntary or involuntary service in the Armed Forces of the United States, provided the Employee retains statutory reemployment rights under applicable state or federal law, and resumes employment after his honorable discharge from military duty within the time required by such law; (c) reelection or reappointment at the end of a term; or (d) periods during which the Employee incurs a Total and Permanent Disability within the meaning of Section 3.03, provided that he recovers from a Total and Permanent Disability and is reemployed by the Employer as required under Section 3.03(a)(7) or (b)(4).

For benefit purposes, no Participant will receive any credit for any period of inactive employment. For vesting purposes, the Employee who has one or more breaks in employment will receive credit only from his most recent date of reemployment.

Notwithstanding anything in this Section to the contrary, any Participant who before retirement, voluntarily separates from his employment as provided for in this Act, or is discharged, or his office or position abolished, as provided by the "Richmond Officers and Employees Act" appearing in Georgia Laws, Extra Session 1937-1938, pages 875-880, inclusive, as amended or hereafter amended, or is discharged by an elective officer of Richmond County under whom he is employed, and is thereafter re-employed as an Employee, upon the presentation to the Commission of a certificate from the County Physician of Richmond County, certifying that such Employee is in good health and able to perform actively the duties of his employment, his services prior to such separation or discharge shall be counted in his length of continuous permanent employment after being so re-employed, provided he shall pay back into the Fund, by payin8 the Treasurer, within twelve months of filing such certificate with the Commission, the amount refunded to such Participant by reason of such separation or discharge.

Effective December 12, 1994, notwithstanding anything in the Plan to the contrary, contributions, benefits, and Credited Service with respect to qualified military service shall be provided in accordance with Section 414(u) of the Code.

GEORGIA LAWS 2004 SESSION

4625

t.09Earnings- The total salary, wages, or remuneration paid to the Participant by the Employer during any period of I2 consecutive months. Effective as of January I, I998, the term "Earnings" shall also include any elective deferral (within the meaning of Code Section 402(g)(3)) and any amounts that are deferred by the Employer at the election ofthe Employee that are not included in the Employee's gross income pursuant to Code Section I25 or 457. Effective January 1, 200 I, Earnings shall also include elective amounts that are not includable in the Employee's gross income by reason of Code Section l32(f)(4).

The Participant's Earnings taken into account for purposes of the Plan shall be limited to $150,000 for any determination period beginning in 1996 or earlier; $160,000 for any Plan Year beginning in 1997, 1998, or 1999; $170,000 for any Plan Year beginning in 2000. Notwithstanding the preceding sentence, if the Participant has completed one hour of Credited Service on or after January 1, 2002, the Participant's Earnings taken into account for purposes of the Plan shall not exceed $200,000 as adjusted under Code Section 40 l(a)(l7)(B).

Notwithstanding anything in this Section to the contrary, benefits for any retired County Attorney who retired under this Act prior to October 1, 1975 shall be computed as if the Earnings for the County Attorney of Richmond County, Georgia is $20,000.00 per annum, notwithstanding what amount the County incurred or spent per annum for legal services, and the benefits shall be computed from January I, I973.

l.lOEffective Date- January 1, 1997.

l.llEmployee- Any employee, officer, appointee or electee of the Commission as now constituted or hereafter constituted, and any employee, officer, appointee under any official ofthe County as now constituted or hereafter constituted, by excluding:

(a) any person for whom the County makes contributions directly to another retirement system or pension fund, including the Social Security retirement system;

(b) any person whose customary employment is for less than thirty hours a week or an aggregate of less than six months in any calendar year;

(c) employees of the Richmond County Department of Health and Department of Family and Children's Services of Richmond County;

(d) the County Agent, County Home Demonstration Agent and the employees thereof;

4626

COUNTY HOME RULE ORDINANCES

(e) officers elected by vote of the electorate;

(f) the employees, officers, appointees and electees ofthe Department ofPublic Welfare of Richmond County,

(g) the employees, officers, appointees and electees of the Richmond County Board of Health; and

(h) the County Agent and County Home Demonstration Agent of Richmond County;

l.l2Employer or County- Augusta-Richmond County, Georgia.

l.13Fund- The Richmond County Pension Fund trust fund created in accordance with the Plan and Trust.
1.14Interest - Interest credited on Contributions from the January 1 next following the date of which such Contributions are made to the earlier of: (a) the date of the Participant's termination of employment for any reason and (b) the Participant's Normal Retirement Date, with such interest compounded annually at the rate of 5%.
l.l5Joint Annuitant- The person designated by the Participant to receive payments after the death of the Participant as provided in accordance with Section 3.

1.16Participant - An Employee who becomes eligible to participate in the Plan as provided in Section 2.
l.l7Payee - The Beneficiary or Joint Annuitant designated by the Participant in accordance with Section 1.16 or 1.17 to receive benefits under the Plan after his death.
1.18Plan - The Richmond Employees Pension Fund as contained herein, all amendments thereto which may hereafter be made, and any existing acts ofthe
General Assembly of Georgia pertaining to the Richmond Employees Pension Fund. The Plan shall include the Trust as hereinafter defined.
1.19Plan Year - The twelve month period ending December 31 of each year.
1.20Total and Permanent Disability- The Commission shall determine whether a Participant shall be considered Totally and Permanently Disabled and ~e Commission shall declare in its findings whether or not such disability 15 permanent and total. The Commission shall base its determination as to
whether a Participant is Totally and Permanently Disabled on whether the

GEORGIA LAWS 2004 SESSION

4627

Participant is not able, on account of disability received in the discharge of his duties, to adequately discharge the duties of his job or office, nor ever will be; provided that no Participant shall be declared to be Totally and Permanently Disabled to discharge the duties of his job or office, except upon the recommendation ofthree (3) reputable physicians, after examination, who shall consider the case and make their findings. One of the physicians shall be selected by the Commission, one by the Participant, and these two shall select the third. The recommendation of the physicians shall state that they "find the Participant totally and permanently disabled from performing the duties ofhis job or office" and or that they "do not find the Participant totally and permanently disabled from performing the duties of his job or office" and the majority report of the physicians shall govern. Should the report of the physicians state that they "find the Participant totally and permanently disabled from performing the duties of his job or office", then the Employee shall be declared Totally and Permanently Disabled, and entitled to receive the benefit is provided in Section 3.03, and his right to receive the benefits shall date back to the time of injury.

If, after the Employee is declared Totally and Permanently Disabled, he desires to accept other employment offered him by the Commission, with the County or under a County-elected official, and he is also able to perform such employment, as such duties, he shall be paid at least as much as he would receive from his pension but shall not receive a pension. If, after the Employee has accepted such new employment, he wishes to leave such employment for any reason fit he may be returned immediately to the pension list at the sum that he was retired on, and the Commission may strike him from the payroll and return him to the pension list at any time it sees fit.

Notwithstanding anything in this Section to the contrary, whether a Participant is Totally and Permanently Disabled shall be subject to the exclusions set forth in Section 3.03.

1.21 Trust Agreement or Trust - The agreement of trust between the Commission, in its capacity as the governing body of the Employer and the Commission, in its capacity as Trustee, which shall govern the continuation and maintenance of the trust fund, and all amendments thereto.

1.22Trustee - The Commission in its capacity as trustee.

4628

COUNTY HOME RULE ORDINANCES

SECTION 2 ELIGIBILITY AND PARTICIPATION

2.01 Eligibility

Each Participant in the Plan on December 31, 1996 (according to the Plan tenns then in effect) shall continue to be a Participant, and no other Employee is eligible to become a Participant in this Plan, and no other Employee shall be eligible to participate (because 1976 Ga. Laws, p. 4500, 2 provides that no Employee hired after September 30, 1975 is eligible to become a Participant in this Plan).

SECTION 3 RETIREMENT DATES AND BENEFITS

3.0 INormal Retirement
Normal retirement under the Plan is retirement from the employ of the County on the Normal Retirement Date. In the event of normal retirement, payment of the retirement benefit shall be governed by the following provisions of this Section.

A. Normal Retirement Date: The Normal Retirement Date ofa Participant shall be the first day of the month coincident with or next following the date he reaches age sixty (60).

B. Amount of Retirement Benefit: The monthly retirement benefit payable to a Participant who retires on his Normal Retirement Date shall be an amount equal to 2% of the Participant's highest Earnings received as an Employee within the period of seventy-two (72) months immediately preceding his retirement for each year of Credited Service for up to a maximum if sixty percent (60%) of his highest Earnings.

C. Payment of Retirement Benefit: The retirement benefit payable in the event of normal retirement shall be payable on the first day of each month. The first payment shall be made on the Participant's Normal Retirement Date and the last payment shall be the payment due next preceding his date of death. subject to Sections 3.12 and 4.02.

3.02Early Retirement
Early retirement under the Plan is retirement from the employ ofthe County prior to the Normal Retirement Date. Early retirement shall be authorized 'only in the event that the Participant shall have both attained age 50 and completed at least

GEORGIA LAWS 2004 SESSION

4629

15 years of Credited Service. In the event of early retirement under these conditions, payment of the retirement benefit shall be governed by the following provisions of this Section. Notwithstanding the foregoing, if a Participant receives special early retirement benefits under Section 3.09 or 3.1 0, the Participant shall be ineligible for benefits under Section 3.02.

A. Early Retirement Date: The Early Retirement Date of a Participant shall be the first day of the month coincident with or next following the date he retires from the employ of the County under the provision of this Section.

B. Amount of Retirement Benefit: A Participant at retirement on his Early Retirement Date shall at his option receive either:

(1) a deferred monthly retirement benefit commencing on his Normal Retirement Date, provided he is then alive, equal to an amount computed in the same manner as for normal retirement in accordance with Section 3.01-B, but based on Credited Service and Average Earnings as of his Early Retirement Date; or

(2) an immediate monthly retirement commencing on his Early Retirement Date equal to the benefit determined in Section 3.02-B above, reduced by 5112% for each complete month by which the Early Retirement Date of a Participant precedes his Normal Retirement Date.

C. Payment of Retirement Benefit: The monthly retirement benefit payable in the event of early retirement shall be payable on the first day of each month. The first payment shall be made on the optional date elected by the Participant under Section 3.02-B above and the last payment shall be the payment due next preceding his date of death, subject to Sections 3.12 and 4.02.

3.03Disability Retirement

A Participant may retire under the Plan if he becomes Totally and Permanently Disabled from a cause arising out of and in the course of employment whether the Total and Permanent Disability is caused by injury or illness; and provided that he has, prior to his Total and Permanent Disability, continuously, actively performed the duties ofhis employment for at least one year as ofMarch 1, 1945. Notwithstanding anything in this Section to the contrary, a Participant shall not be entitled to receive any disability retirement benefit if the Participant's Disability is a result of any of the following:

(1) the Participant's willful misconduct,

4630

COUNTY HOME RULE ORDINANCES

(2) the Participant's self-inflicted injury,

(3) the Participant's attempt to injure another,

(4) Participant's intoxication or

(5) the Participant's commission of a crime under the laws of this state or another state of the United States.

A. Disability Retirement Date: The Disability Retirement Date of a Participant shall be the first day of the month which coincides with or next follows the date the Commission approves payment of the Participant's disability benefit.

B. Disability Retirement Benefit: The monthly retirement benefit payable to a Participant on his Disability Retirement Date shall be equal to one halfofthe highest Earnings that the Participant has received as a Participant within the period of seventy-two (72) months immediately preceding his Total and Permanent Disability; provided however, that should such Participant receive any Workmen's Compensation while so disabled, such Workmen's Compensation so received, excluding, medical, doctor, nursing and hospitalization, shall be subtracted from any pension voucher paid to the Participant, and he shall receive only the excess ofany pension due him after the subtraction ofthe amount ofWorkmen's Compensation received by hitn, less any other indebtedness due the County by the Participant. Such retirement shall herein be referred to as disability retirement and payment of the disability retirement benefit shall be governed by the following provisions of this Section.

C. Payment of Disability Retirement Benefit: The retirement benefit to which a Participant is entitled in the event of his Total and Permanent Disability shall be payable on the first day of each month. The first payment shall be made on the Participant's Disability Retirement Date and the last payment shall be the payment due next preceding the earlier of: (a) his date of death (subject to the provisions of Sections 3.12 and 4.02), or (b) the cessation of his Total and Permanent Disability prior to his Normal Retirement Date.

D. Termination of Disability Retirement Benefit: If the Participant's Total and Permanent Disability ceases prior to his Normal Retirement Date and he does not reenter the employ of the County within 60 days after his recovery, all rights of the Participant in and to a disability retirement benefit shall cease and he shall be entitled solely to the benefits, if any, provided in:

GEORGIA LAWS 2004 SESSION

4631

(1) Section 3.02, if he had satisfied the requirements for early retirement as of the date of inception ofTotal and Permanent Disability, or

(2) Section 3.05, if he had not satisfied the requirements for early retirement,

and either such benefit shall be based on his Credited Service and Earnings as of the date of inception ofTotal and Permanent Disability.

If the Participant's Total and Permanent Disability ceases prior to his Normal Retirement Date and he is re-employed by the County within 60 days following the date such Total and Permanent Disability ceases, his employment will be deemed to have been continuous; provided that the period beginning with the first month for which he received a disability payment and ending with the date of reemployment will not be considered as Credited Service for purposes of the Plan.

3.04belayed Retirement

Delayed retirement under the Plan is retirement from the employ of the County after the Normal Retirement Date. A Participant may remain in the active employ of the County beyond his Normal Retirement Date only at the request of the Commission and for such periods of additional employment as shall be mutually agreed upon; provided that the Plan's administrator shall not interpret this sentence in a manner that would violate the Age Discrimination in Employment Amendments of 1986, as amended. In the event of delayed retirement, payment ofthe retirement benefit shall be governed by the following provisions of this Section.

A. Delayed Retirement Date: The Delayed Retirement Date of a Participant shall be the first day of the month coincident with or next following the date he actually retires from the employ of the County after his Normal Retirement Date.

B. Amount of Retirement Benefit: The monthly retirement benefit payable to a Participant who retires on his Delayed Retirement Date shall be an amount computed in the same manner as for normal retirement in accordance with Section 3.01-B, but based on Credited Service and Average Earnings as of his actual retirement date; provided, however, such amount shall not be less than the monthly benefit the Participant would have received had he retired on his Normal Retirement Date.

C. Payment of Retirement Benefit: The retirement benefit payable in the event of delayed retirement shall be payable on the first day of each month. The first payment shall be made on the Participant's Delayed Retirement Date

4632

COUNTY HOME RULE ORDINANCES

and the last payment shall be the payment due next preceding his date of death, subject to Sections 3.12 and 4.02.

3.05Termination of Employment

A. A Participant who terminates employment with the County prior to the completion of 10 years of Credited Service, for any reason other than death, disability (as defined within this act) or retirement, shall receive a lump-sum cash amount equal the total of his Contributions with 5% interest computed from January 1, 1977, payable within 60 days following his date of termination.

B. A Participant who terminates employment with the County for any reason other than death, disability, or early retirement after the completion of at least 10 years ofCredited Service, shall receive a deferred retirement benefit commencing on his Normal Retirement Date, provided he is then alive, equal to the monthly benefit computed in the same manner as for normal retirement in accordance with Section 3.0 1-B but determined as of his date of termination, multiplied by the applicable percentage based on completed years of Credited Service in accordance with the following tables:

Completed Years of

Applicable

Credited Service at Percentages of Monthly Benefit

Terminated Date

Payable

Effective Benefit Rate

Less than 10

0%

--0--

10

50

10.0%

11

60

13.2

12

70

16.8

13

80

20.8

14 15 ofmore

90 100%

25.2 30.0 +

C. In lieu of the deferred monthly retirement benefit provided in Section 3.05(B), the terminated Participant may elect to receive a lump-suJJl amount equal to the total of his Contributions with 5% Interest computed from January 1, 1977, such amount to be payable within 60 days following the date of termination.

GEORGIA LAWS 2004 SESSION

4633

3.06Cost-of-Living Adjustment of Benefits: All retirement and disability benefits received under this Section 3 shall be adjusted annually pursuant to this Section 3.06.

A. Definition of Terms Used in This Section

(1) "Current Cost-of-Living Index" means the average of the monthly Consumer Price Index for the 12 month period ending December 31 each year as determined by the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average.

(2) "Participant Base Index" means

(i) For any Participant who dies or retires under the provisions of this Plan on or after October I, 1975, the average of the Consumer Price Index for the twelve-month period ending prior to the date of death or retirement;

(ii) For any Participant who dies or retired under this Plan prior to October 1, 1975, the average of the Consumer Price Index for the calendar year ending December 31, 1975.

In the event the base year used in computing the monthly Consumer Price Index should be changed by the Bureau of Labor Statistics, the Commission, with the advice of the Plan actuary, shall adjust the Participant Base Index of each retired Participant with benefit payments commencing during the first year in which such change was made so as to effect the original intent of this Section in an equitable manner.

(3) "Adjusted Participant Index" means the Participant Base Index adjusted for all percentage adjustments made in benefits prior to the current Annual Adjustment Date.

(4) "Annual Adjustment Date" means March 1st ofeach year commencing (a) March 1, 1976 as to any Participant who dies or retires on or after October 1, 1975, and (b) March 1, 1976 as to any Participant who dies or retires on or before October 1, 1975.

B. Annual Adjustment

The Commission shall ascertain the Current Cost-of-Living Index as ofJanuary 1 each year and the benefits being paid under Sections 3, 4, or 5 to any Participants,

4634

COUNTY HOME RULE ORDINANCES

Beneficiary, or Joint Annuitant, as previously adjusted under this Section, shall be further adjusted as of the Annual Adjustment Date as follows:

(l) If the Current Cost-of-Living Index is more than 100% of the Adjusted Participant Index, the benefit shall be increased by a percentage equal to the difference between (a) the percentage representing the Current Cost-of-Living Index divided by the Adjusted Participant Index and (b) 100%.

(2) If the Current Cost-of-Living Index is less than 100% of the Adjusted Participant Index, the benefit shall remain unchanged.

(3) Notwithstanding the foregoing provisions of this Section, no increase in the amount of the monthly retirement benefit due to changes in the Current Cost-of-Living Index, effective at any Annual Adjustment Date, shall be in excess of 5% of the amount of the monthly retirement benefit payable immediately prior to such date.

3.07Reguired Distribution Rules

The following provisions will be effective beginning as of the first day of the 1989 calendar year:

(a) Payment to the Participant: Any other provision ofthe Plan notwithstanding, the Plan will cash-out each Participant's Accrued Benefit, or will begin annuity payments, no later than the April 1 following the calendar year in which he retires, or the later calendar year in which he reaches age 70-l/2.

The Plan will pay the Accrued Benefit over a period not extending beyond the Participant's lifetime or life expectancy, or over a period not extending beyond the joint and last survivor life expectancies of the Participant and his or her spouse or other Beneficiary, using age(s) attained as of the end of the calendar year in which the Participant retires (or reaches age 70-1/2 if later), and the Accrued Benefit as of that date. However, if the Beneficiary of a joint and survivor annuity form of payment is not the spouse and is more than 10 years younger than the Participant, payments to the Beneficiary will not exceed the applicable percentage of the Participant's benefit payments required by the incidental benefit rule. The Commission will not recalculate the life expectancy( ies).

(b) Participant's Death After Benefits Begin: If the Participant dies after his payments have begun in a survivor annuity form, the Commission will paY the survivor benefits at least as rapidly as under the form of annuity in effect before his death.

GEORGIA LAWS 2004 SESSION

4635

(c) Participant's Death Before Benefits Begin: If the Participant dies before his payments have begun, the Commission will pay his entire Accrued Benefit no later than December 31 of the calendar year which contains the fifth anniversary of his death. However, this five-year rule will not apply if the primary beneficiary is an individual described below and circumstances permit the Commission to use the exception described below.

(1) Surviving Spouse as Primary Beneficiary: If the Participant's surviving spouse is the Beneficiary, the Commission will begin payments not later than the end of the calendar year during which the Participant would have reached age 70-1/2, and will continue payments over a period not extending beyond the spouse's life expectancy, using age attained as of that date and not recalculated.

(2) Non-Spouse Primary Beneficiary: Ifthe Beneficiary is an individual other than the spouse, the Commission will begin payments not later than the last day of the calendar year following the year in which the Participant's death occurs, and will continue payments over a period not extending beyond the Beneficiary's life, or life expectancy determined as of that date and not recalculated. If the Beneficiary dies before receiving 120 payments under the ten years certain and life annuity described in Section 5.02, the Commission will continue to use the primary Beneficiary's life expectancy for purposes of making payments to an individual contingent Beneficiary.

(d) Compliance with Code Section 40 l{a)(9): The intent of this Section is that the beginning dates and payment periods of benefits payable to each Participant and beneficiary will be within the limitations permitted under Code Section 401 (a)(9). Ifthere is any discrepancy between this Section and Code Section 401 (a)(9), Code Section 401 (a)(9) will prevail. With respect to distributions under the Plan on or after January 1, 2001, the Plan will apply the minimum distribution requirements of Section 40l(a)(9) of the Code in accordance with the final regulations under Section 401 (a)(9) that were adopted on April 16, 2002, notwithstanding any provision of the Plan to the contrary.

3.08Code Section 415 Limit

In no event will be annual benefits payable to any Participant exceed the limitations contained in Code Section 415.

A. Limitation on Benefits. The remainder of this Section shall be effective as ofJanuary 1, 2002.

4636

COUNTY HOME RULE ORDINANCES

B. Definitions.

(i) Defined benefit dollar limitation. The "defined benefit dollar limitation" is $160,000 (subject to adjustments required under applicable law for employee contributions) as adjusted, effective January l of each year, under Section 415(d) of the Code in such manner as the Secretary of Treasury shall prescribe, and payable in the form ofa straight life annuity. A limitation as adjusted under Section 415(d) will apply to limitation years ending with or within the calendar year for which the adjustment applies.

(ii) Maximum permissible benefit. For purposes of this Section 3.08, the "maximum permissible benefit" is the lesser of the "defined benefit dollar limitation" or the" defined benefit compensation limitation" (both adjusted where required, as provided in paragraph (a) of this Section 3.08(b)(ii) and, if applicable, in paragraphs (b) or (c) of this Section 3.08(B)(ii).

(a) If the Participant has fewer than I0 years of Credited Service, the defined benefit dollar limitation shall be multiplied by a fraction, (i) the numerator of which is the number of years of Credited Service and (ii) the denominator ofwhich is 10. In the case of a Participant who has fewer than l 0 years of Credited Service, the defined benefit compensation limitation shall be multiplied by a fraction, (i) the numerator of which is the number of years of Credited Service and (ii) the denominator of which is 10.

(b) If the retirement benefit of a Participant begins prior to age 62, the defined benefit dollar limitation applicable to the Participant at such earlier age is an annual benefit payable in the form of a straight life annuity beginning at the earlier age that is the Actuarial Equivalent of the defined benefit dollar limitation applicable to the Participant at age 62 (adjusted under (a) above, if required). The defined benefit dollar limitation applicable at an age prior to age 62 is determined as the lesser of: (i) the actuarial equivalent (at such age) of the defined benefit dollar limitation computed using the interest rate and mortality table (or other tabular factor) specified in Section 1.02 of the Plan and (ii) the actuarial equivalent (at such age) of the defined benefit dollar limitation computed using a 5 percent interest rate and the applicable mortality table as defined in Section 1.02 of the Plan. Any decrease in ~e defined benefit dollar limitation determined in accordance with thts Section 3.08(B)(ii)(b) shall not reflect a mortality decrement ifbenefits
are not forfeited upon the death of the Participant. If any benefits are
forfeited upon death, the full mortality decrement is taken into account.

GEORGIA LAWS 2004 SESSION

4637

(c) If the benefit of a Participant begins after the Participant attains age 65, the defined benefit dollar limitation applicable to the Participant at the later age is the annual benefit payable in the form of a straight life annuity beginning at the later age that is actuarially equivalent to the defined benefit dollar limitation applicable to the Participant at age 65 (adjusted under Section 3.08(B)(ii)(a), if required). The actuarial equivalent of the defined benefit dollar limitation applicable at an age after age 65 is determined as: (i) the lesser ofthe actuarial equivalent (at such age) of the defined benefit dollar limitation computed using the interest rate and mortality table (or other tabular factor) specified in Section 1.02 of the Plan and (ii) the actuarial equivalent (at such age) of the defined benefit dollar limitation computed using a 5 percent interest rate assumption and the applicable mortality table as defined in Section 1.02 of the Plan. For these purposes, mortality between age 65 and the age at which benefits commence shall be ignored.

C. Notwithstanding anything in this Section 3.08 to the contrary, benefit increases resulting from the increase in the limitations of Section 415(b) of the Code shall be limited to all Employees participating in the Plan who have one hour of Credited Service on or after the first day of the first limitation year ending after December 31, 200 1.

D. For distributions commencing prior to January 1, 2002 and for Participants who do not have one hour of Credited Service before this date, the County shall, to the extent required by the Economic Growth and Tax Relief Reconciliation Act and in accordance with the Code, apply the limitations contained in Code 415, as in effect at the time the distribution commenced; subject to the disregard of Code Section 415(e) for distributions occurring after January 1, 2000.

E. In accordance with Code Section 415(b)(l0), notwithstanding anything in this Section 3.08 to the contrary, for purposes of Employees who became Participants before January l, 1990, the benefit limitations contained in this Section 3.08 shall not be less than such Participant's Accrued Benefit under the Plan (as determined without regard to any Plan amendment made after October 14, 1987).

3.09Enhanced Early Retirement for 1996.

Participants who have attained, or who will have attained, the age of 50 on or before December 31, 1996, and who have completed 5 years of Credited Service as of July l, 1996, and who are employed by Augusta-Richmond County on October 1, 1975, may elect to receive retirements benefits under this Section. Such election must be made on a form designated by Augusta-Richmond County

4638

COUNTY HOME RULE ORDINANCES

between October 1, 1996 and 4:00p.m. on December 23, 1996. Any Participant electing to retire early pursuant to this Section shall have until4:00 p.m. on the seventh (7th) day following such election to revoke same.

A. Enhanced Early Retirement Date: The Enhanced Early Retirement Date of a Participant shall be the first day of the month next following the date he retires from the employ of the County under the provisions of this Section.

B. Amount of Retirement Benefit: The monthly retirement benefit payable to a Participant who retires on his Enhanced Early Retirement Date shall be an amount equal to 2% of the highest salary or wage or remuneration received as a Participant within the period of seventy-two (72) months immediately preceding his retirement for each year of Credited Service plus an additional ten ( 10) years of service to be added to the years of Credited Service for purposes of computing the amount of the retirement benefit, up to a maximum of one hundred percent ( 100%) of Average Earnings for the Participant's high three (3) years of Earnings, any contrary provision of this Act notwithstanding. The amount of the monthly enhanced retirement benefit shall not be reduced for any month or time period by which the Early Retirement Date of a Participant precedes his Normal Retirement Date, notwithstanding any other provision of the Plan.

C. Prerequisite for Electing Early Retirement: Any Participant electing Enhanced Early Retirement shall be required to execute a covenant not to sue in favor of Richmond County, Georgia and Augusta-Richmond County, Georgia and their officials, agents, and employees for any and all claims arising out of such employee's employment by Richmond County, Georgia and/or Augusta-Richmond County, Georgia, and agreeing not to seek or accept any further employment by Augusta-Richmond County, or its constitutional and elected officials. This provision shall not be construed as prohibiting any such person from seeking any elective position by the State of Georgia or Augusta-Richmond County.

3.1 OSpecial Unreduced Early Retirement.

If a Participant with at least twenty (20) years ofCredited Service is permanently separated from the service involuntarily by action ofthe Commission or by action of the elective official under whom he is employed, the Participant may elect to collect Plan benefits under this Section in lieu of any other Section of this Plan; provided, however, no Participant shall draw any benefits under this Section, and such benefits shall be forfeited, if his involuntary separation from the services of the County is found by the Commission to have been caused by the Participant's willful misconduct, or self-inflicted injury, or growing out ofhis attempt to injure

GEORGIA LAWS 2004 SESSION

4639

another, or due to intoxication or willful misconduct, or due to the commission of crime under the laws of this State, or any other State of the United States.

( 1) Special Retirement Date. The Special Retirement Date of a Participant shall be the first day of the month which coincides with or next follows the date the Participant elects to retire under the provision of this Section.

(2) Amount of Special Unreduced Retirement Benefit. A Participant at retirement under this Section shall receive a monthly retirement benefit, commencing on his Special Retirement Date, provided he is then alive, equal to the amount computed in the same manner as for normal retirement in accordance with Section 3.0 1-B, but based on Credited Service and Earnings as of the Special Retirement Date.

(3) Pavment of Special Retirement Benefit. The monthly retirement benefit payable in the event ofspecial retirement shall be payable on the first day of each month. The first payment shall be made on the Special Retirement Date and the last payment shall be the payment due next preceding his date of death, subject to the provision of Sections 3.12 or 4.02.

3.11 Rollover Distributions.

Except where otherwise provided, Section 3.11 shall apply to benefits payable on or after January 1, 1993, but only to the extent required by the plan qualification rules of Section 40 1(a) of the Code.

A. Notwithstanding any contrary provision of the Plan, a Distributee may elect, at the time and in the manner prescribed by the County, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.

B. The special capitalized terms used only in this Section 3.11 shall have the meanings specified below:

"Direct Rollover" means a payment by the Plan to the Eligible Retirement Plan specified by the Distributee.

"Distributee" means an Employee or former Employee. In addition, the Employee's or former Employee's surviving spouse and the Employee's or former Employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are Distributees with regard to the interest of the spouse or former spouse.

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COUNTY HOME RULE ORDINANCES

"Eligible Retirement Plan" means an individual retirement account described in Section 408(a) of the Code, an annuity plan described in Section 403(a) of the Code, an annuity contract described in Section 403(b) of the Code, or a qualified trust described in Section 40l(a) of the Code that accepts the Distributee's Eligible Rollover Distribution. Effective for Plan Years ending before January 1, 2002, in the case of an Eligible Rollover Distribution to the surviving spouse, an Eligible Retirement Plan shall mean only an individual retirement account or individual retirement annuity. Effective as ofJanuary 1, 2002, the definition of"Eligible Retirement Plan" shall also apply to an annuity contract described in Section 403(b) ofthe Code, an eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this Plan, and in the case of a distribution to a surviving spouse, or to a spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code.
"Eligible Rollover Distribution" means any distribution ofall or any portion of the Accrued Benefit to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: (I) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's designated Beneficiary, or for a specified period often years or more; (2) any distribution to the extent such distribution is required under Section 40 I(a)(9) of the Code; and (3) the portion of any distribution that is not includable in gross income. Effective as ofJanuary I, 2002, notwithstanding the foregoing, any amount that is distributed on account of hardship shall not constitute an Eligible Rollover Distribution.

3.12Normal Forms of Benefits for Married Participants.
The provisions of this Section 3.12 shall apply to Participants who have completed at least one hour ofCredited Service on or after August 23, 1984 (with special definitions set forth herein for terms that begin with initial capital letters and are not elsewhere defined):
A. Unless an optional form of benefit has been selected pursuant to Section 5
within the applicable election period pursuant to a Qualified Election, if a Participant dies after the Participant's Early Retirement Date, the
Participant's Eligible Spouse, ifany, will receive the same benefit that wo~d
be payable if the Participant had retired with an immediate Qualified Jolllt
and Survivor Annuity on the day before the Participant's date of death. The
Eligible Spouse may elect to commence payment under such death benefit

GEORGIA LAWS 2004 SESSION

4641

within a reasonable period after the Participant's death. The Actuarial Equivalent of a Participant's Accrued Benefits which commence later than the date on which payments would have been made to the Eligible Spouse under a Qualified Joint and Survivor Annuity in accordance with this provision shall be adjusted to reflect the delayed payment.

B. Unless the Qualified Preretirement Survivor Annuity has been waived within the election period pursuant to a Qualified Election, if a Participant dies on or before the Early Retirement Date, the Participant's Eligible Spouse, ifany, will receive the same benefit that would be payable if the Participant had:

(i) separated from service on the date of death (or date of separation of service, if earlier),

(ii) survived to the Early Retirement Date,

(iii) retired with an immediate Qualified Joint and Survivor Annuity at the Early Retirement Date, and

(iv) died on the day after the Early Retirement Date.

Notwithstanding any provision in the Plan to the contrary, any Participant whose retirement date is after December 31, 1992 may not waive a Qualified Preretirement Survivor Annuity.

C. For purposes of this Section 3.12, Accrued Benefits under this Section 3.12 will be payable to a surviving Eligible Spouse commencing on the later of: (i) the date on which the Participant would have reached Early Retirement Date, or (ii) the date the Participant dies. Benefits commencing after the Early Retirement Date will be the Actuarial Equivalent of the Accrued Benefits to which the Eligible Spouse would have been entitled if Accrued Benefits had commenced at the Early Retirement Date under an immediate Qualified Joint and Survivor Annuity in accordance with Section 3.12(B).

D. A former Participant who has not performed any service after August 22, 1984 but who had completed 10 years ofCredited Service before terminating service and has reached the Early Retirement Date may elect Qualified Preretirement Survivor Annuity protection by filing a written election with the County. Such election shall remain in effect until revoked by the Participant.

E. A Participant's retirement benefit shall not be reduced to take account of Survivor Annuity protection which is in effect during his or her service and before the first date which could have been such Participant's Early

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COUNTY HOME RULE ORDINANCES

Retirement Date. However, with respect to any other period before the Participant's Normal Retirement Date but either on or after the Participant's termination of service or the Participant's Early Retirement Date in which Qualified Preretirement Survivor Annuity protection is in effect, such Participant's Accrued Benefit shall be reduced pursuant to Section 3.02(b)(2). In applying the formula in this Section 3.12(E), the period for which Qualified Preretirement Survivor Annuity protection is in effect shall be computed to years and full months, and a Participant's retirement benefit shall be reduced proportionately for each month. Notwithstanding the foregoing, however, reductions shall not be made to Accrued Benefits for Participants who retire on or after December 31, 1992 for any period in which Qualified Preretirement Survivor Annuity Protection is in effect.

F. The Employer shall provide each Participant a written explanation of: (1) the terms and conditions of a Qualified Preretirement Survivor Annuity; (2) the Participant's right to make and the effect of an election to waive the Qualified Preretirement Survivor Annuity; (3) the rights of a Participant's Eligible Spouse; and (4) the right to make, and the effect of, a revocation of a previous election to waive the Qualified Preretirement Survivor Annuity. Such notice shall be provided within the applicable period with respect to such Participant as defined in Code Section 417(a)(3)(B). A Participant may elect (with spousal consent) to waive the requirement that the written explanation be provided at least 30 days prior to the Annuity Starting Date if the distribution commences more than seven days after such explanation is provided.

G. Certain Definitions:

(i) "Annuity Starting Date" means the Participant's date of retirement on either the Normal Retirement Date, Early Retirement Date, or Delayed Retirement Date, as the case may be.
(ii) "Eligible Spouse" means the spouse or surviving spouse of a Participant, provided that: (I) a Participant's former spouse will be
treated as the Eligible Spouse and a Participant's current spouse will not be treated as the Eligible Spouse to the extent provided under a qualified domestic relations order as described in Section 414(p) of the Code, and (II) Accrued Benefits will not be payable to the Surviving
Spouse of the Participant unless the Participant and such spouse had
been married throughout the one-year period ending on the earlier ofthe Annuity Starting Date or the date of the Participant's death.

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4643

(iii) "Qualified Election" means a waiver of a Qualified Joint and Survivor Annuity or a Qualified Preretirement Survivor Annuity provided under this Section 3.12. Any waiver of a Qualified Joint and Survivor Annuity or a Qualified Preretirement Survivor Annuity shall not be effective unless: (a) the Participant's Eligible Spouse consents in writing to the election; (b) the election designates a specific alternative Beneficiary, including any class of beneficiaries or any contingent beneficiaries, which may not be changed without spousal consent (or the Eligible Spouse expressly permits designations by the Participant without any further spousal consent; (c) the Eligible Spouse's consent acknowledges the effect of the election; (d) the Eligible Spouse's consent is witnessed by a Plan representative or notary public; and (e) if the election is to waive the Qualified Preretirement Survivor Annuity provided under this Section 3.12, the Participant has either terminated service or completed service through the Early Retirement Date. Additionally, a Participant's waiver of the Qualified Joint and Survivor Annuity will not be effective unless such waiver designates a form of benefit payment which may not be changed without spousal consent (or the Eligible Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the Employer's satisfaction that such written consent may not be obtained because there is no Eligible Spouse or the Eligible Spouse cannot be located, a waiver will be deemed a Qualified election. Any consent by an Eligible Spouse obtained under this provision (or establishment that the consent of an Eligible Spouse may not be obtained) shall be effective only with respect to such Eligible Spouse. A consent that permits designations by the Participant without any requirement of further consent by the Eligible Spouse must acknowledge that the Eligible Spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that the Eligible Spouse voluntarily elects to relinquish either or both of such rights. A revocation of a prior waiver may be made by a Participant without the consent of the Eligible Spouse at any time prior to commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 3.12(H), and Section 3.12(I).

(iv) "Qualified Joint and Survivor Annuity" means an immediate annuity for the life of the Participant with a survivor annuity for the life of the Eligible Spouse which is 50 percent ofthe amount ofthe annuity which is payable during the joint lives of the Participant and the Eligible Spouse and which is the actuarial equivalent ofa straight life annuity for the life of the Participant at his or her Normal Retirement Date.

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(v) "Qualified Preretirement Survivor Annuity" means the survivor annuity provided in Section 3.12(B).

(vi) "Survivor Annuity" means a Qualified Joint and Survivor Annuity or Qualified Pre-retirement Survivor Annuity.
H. The Employer shall provide each Participant no less than 30 days and no more than 90 days prior to Annuity Starting Date, a written explanation of: ( 1) the terms and conditions of a Qualified Joint and Survivor Annuity; (2) the Participant's right to make, and the effect of, an election to waive the Qualified Joint and Survivor Annuity form of benefit; (3) the rights of a Participant's Eligible Spouse; (4) the right to make, and the effect of, a revocation of a previous election to waive the Qualified Joint and Survivor Annuity; and (5) the relative values of the various optional forms ofbenefit under the Plan.

(i) Notwithstanding the foregoing, the County, to the extent permitted by applicable United States Department of Treasury regulations, may provide the written explanation after the Annuity Starting Date, in which case the election period shall end on the 30th day after the date on which such explanation is provided.
(ii) A Participant may elect (with spousal consent) to waive the requirement that the written explanation be provided at least 30 days prior to the Annuity Starting Date (or the 30-day election period described above in subparagraph (a)) if the distribution commences more than seven days after such explanation is provided.
(iii) Notwithstanding the foregoing, effective as of January I, 1997, in accordance with Code Sections 417(a)(7)(A) and 417(a)(7)(B), a Participant may elect an Annuity Starting Date which is less than thirty (30) days after the written explanation, required by Code Section 417(a)(3), is furnished to the Participant and his or her spouse, provided the following requirements are met: (a) the Employer provides information to the Participant clearly indicating that the Participant haS a right to at least a 30-day period in which to consider whether to waive the automatic form of distribution and consent to another fonn of distribution; (b) the Participant is permitted to revoke an affinnative distribution election at least until the Annuity Starting Date or, ifla~er, at any time prior to the expiration of the seven day period beginnJJl8 with the day after such explanation is provided to the Participant; (c)~ Annuity Starting Date must be a date after the date that the explanatton
is provided to the Participant, but may be a date before the date that an
affirmative distribution election is made by the Participant; and (d) the

GEORGIA LAWS 2004 SESSION

4645

distribution must not actually commence before the expiration of the foregoing seven day period.

I. The Employer shall furnish or cause to be furnished to the Participant information concerning elections under Section 3.12 under procedures developed by the Employer in accordance with the Code. Any election under Section 3.12 or any modification or revocation of such election must be made by the Participant prior to the date that payments to the Participant commence pursuant to the provisions of the Plan; provided, however, that under such rules and procedures as may be adopted by the Employer and provided the Participant supplies such additional information as the Employer may request (including evidence of the Participant's or his or her Beneficiary's good health), a Participant may modify or revoke an election, subject to Sections 3.12(H) and 3.12(I), after the date payments are to commence.

3.13 Supplemental Retirement Benefit: Participants who were currently Employees in active service and employment as of January 1, 1998, and Participants who have retired, other than those Participants who retired under the Enhanced Early Retirement provided for in Section 3.09 hereof, shall receive, in addition to their normal retirement benefit, a payment of One-Hundred Dollars ($100.00) per month until their death or termination of participation in the Plan.

3.14 Past Increases. All increased retirement payments previously granted and adopted by the Commission pursuant to the provisions of Ga. L. 1971, pp. 3881 are hereby approved and authorized, and all subsequent increased retirement payments shall be pursuant to provisions of Section 3.06.

SECTION 4 DEATH BENEFITS

4.01 Death Prior to Retirement

A. Non-Duty Connected Death

This paragraph shall only apply if any Plan benefits are paid pursuant to Section 3.12. If a Participant is separated from the service of his employment, as defined in the Plan, by death, there shall be returned to his or her surviving spouse if one, and if not, then to his or her next of kin upon application therefor, one hundred (100) per centum of his or her Contributions, less any payments made to him or her by reason or any other provision of this Plan, and less any sum that might be due by him or her to Richmond County, which amount so due shall be paid to the County; and when one hundred per centum

4646

COUNTY HOME RULE ORDINANCES

of his or her Contributions, less authorized deductions, if any, is returned, then his or her estate, or his or her personal representative shall receive from the Fund, no other sums whatsoever. Notwithstanding the foregoing, if a terminated Participant entitled to the deferred monthly retirement benefit provided in Section 3.0 1-B dies prior to the commencement ofsuch benefit, his Beneficiary shall receive any payment or payments due under Section 3.12 and a lump sum amount equal to the total of his contributions with 5% interest, computed from January 1, 1977, such amount to be payable with 60 days following his date of death.

B. Duty Connected Death

This paragraph shall only apply if any Plan benefits are paid pursuant to Section 3.12. The widow of a Participant who is killed in line of duty, as hereinafter defined, may elect, in lieu of receiving a refund of pension contributions under the provisions of the Plan, to receive a pension computed at twenty-five percent (25%) ofthe Participant's monthly salary or wages at the time ofhis death, which shall be payable monthly to the widow, until her death or remarriage, or in the event of her death leaving a child or children of the Participant surviving her, who have not reached their 18th birthday, pension shall be continued to be paid for the benefit of such child or children as long as they remain unmarried and until they reach their 18th birthday; and if there be no widow living at the time of the death of such Participant killed is herein defined, but there be a child or children of Participant living as of date who have not reached their 18th birthday, the guardian of children may make a similar election as that provided for a widow and, in the event such election is made, a pension in amount shall be paid for the benefit of such child or children as long as they remain unmarried and until they reach their 18th birthday.

As used herein, "killed in line of duty" shall mean killed while actively performing the prescribed duties of the Participant's job and not resulting from any misconduct or negligence of such Participant; provided, however, that no payments shall be made under the provisions of this section until such date as any monthly benefits provided under the Workmen's Compensation Laws of Georgia shall have ceased.

4.02Death After Retirement
If a Participant dies subsequent to his retirement and had elected to receive 8 deferred benefit under Section 3.02-B(l) or Section 3.05-B but such benefit had not commenced, his Beneficiary shall receive a lump-sum cash amount equal ~0 one-half of the benefits of the deceased Employee, under the provisions of thiS

GEORGIA LAWS 2004 SESSION

4647

Plan; provided that no benefits shall payable hereunder if Plan benefits are paid under Section 3.12 or 4.0 1.

4.03Adjusted Benefit

The amount ofmonthly retirement benefit provided under this Section 4 shall be adjusted by the cost-of-living adjustment as provided in Section 3.06 upon commencement of such benefit.

4.04 Designation of Beneficiaries

A. Each Participant shall designate a Beneficiary to receive the benefits, ifany, which may be payable in the event of his death pursuant to the provision of Section 3 or 4. Such designation shall be made in writing on a form provided by the Commission and shall be signed and filed with the Commission. The Participant may change his designation from time to time by filing the proper form with the Commission, and each change shall revoke all prior designations by the Participant. In each such designation the Participant may name one or more primary Beneficiaries and one or more contingent Beneficiaries. If no Beneficiary designated by the Participant survives him, the Commission may direct the payment of such benefits to (a) the spouse of the deceased, ifliving; otherwise, to (b) the descendants of the deceased Participant per stirpes or on their behalf as provided in Section 10.04; or if none, to (c) the legal representative of the estate of the deceased Participant.

B. In the event of the death of a Beneficiary who survives the Participant and who, at his or her death, is receiving benefits as described in paragraph A of this Section, the remaining benefits, if any, shall be payable to a person designated by the Participant to receive the remaining benefits, or, if no person was so designated, then to a person designated by the Beneficiary of the deceased Participant; provided, however, that ifno person so designated be living upon the occurrence of such contingency, the remaining benefits, if any, shall be payable to (a) the spouse of the deceased Participant, if living; otherwise to (b) the descendants of the deceased Beneficiary per stirpes or on their behalf as provided in Section l 0.04; or if none, to (c) the legal representative of the estate of the deceased Beneficiary, as the Commission in its sole discretion may determine.

C. In the event the Commission does not direct the payments as specified in paragraph A or B of this Section, the Commission may elect to have a court ofapplicable jurisdiction determine to whom payments should be made, and the Commission shall follow such instructions as the court may give.

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COUNTY HOME RULE ORDINANCES

SECTION 5 CONTRIBUTIONS

5. 0 l County Contributions

Contributions by the County shall equal five percent (5%) ofthe aggregate ofany Participant's Earnings, plus such additional amounts as shall be determined by the County, based upon the recommendations of an actuary. County contributions shall be paid to the Fund and shall be used only for the benefit of the Participants and Beneficiaries of the Plan; provided that on the recommendation of the County's actuary, who shall be a member of the American Academy ofActuaries, or an organization of which one or more members is a member of the American Academy of Actuaries, the Commission may increase or decrease the County's contributions as recommended by such actuary.

5.02 Participant Contributions

A. Each Participant shall contribute to the Fund an amount equal to five (5%) per cent of his Earnings. Contributions by the Participant shall cease at the earlier of (a) his date of termination of employment for any reason, and (b) his actual retirement date. Participant contributions shall be made by payroll deduction and in such manner as determined by the Commission.

B. Withdrawals of Participant Contributions: In all cases where previously adopted provisions of the 1945 act as amended call for participant contributions to be refunded that such refunding will be with "interest" as computed in subsection A of this Section.

C. Return of Contributions: Any Participant who voluntarily absolutely separates from the service of the Commission or from the service of the elective officer by whom he is employed or who is discharged as provided by the "Richmond Officers and Employees' Act" in Ga. L. E.S., 1937-1938, pp. 875-880 inclusive, as amended, or who was discharged by the elective officer under whom he is employed before being retired under any provisions of the Plan, shall have returned to the Participant or his estate, within ninety (90) days of the date of application after he is absolute~Y separated or his discharge becomes final, the entire amount of hiS Contributions, without Interest, less any disability payments he has received. Once the sum is returned to the Employee, he shall not have any further claim or right to receive any fund, or payments whatsoever of any kind of character from the Fund.

GEORGIA LAWS 2004 SESSION

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SECTION 6 ADMINISTRATION OF PLAN

6.01 Administration

A. Powers of the Commission: The Commission shall control the administration of the Plan hereunder, with all powers necessary to enable it properly to carry out its duties in that respect. Not in limitation, but in amplification of the foregoing, the Commission shall have the power to construe the Plan and to determine all questions that shall arise thereunder, and shall also have all the powers elsewhere herein conferred upon it. It shall decide all questions relating to the eligibility of Employees to participate in the benefits of the Plan, and shall determine the benefits to which any Participant, Beneficiary, or Joint Annuitant may be entitled under the Plan. The decisions ofthe Commission upon all matters within the scope of its authority shall be final and binding upon all parties to this instrument, Participants, and Participant's Beneficiaries and Joint Annuitants.

B. Records of the Commission. All acts and determination of the Commission shall be duly recorded by the County clerk, or under his supervision, and all such records, together with such other documents as may be necessary for the administration ofthe Plan shall be preserved in the custody ofsuch clerk.

C. Exemption from Liability of the Commission. The members of the Commission, and each of them, shall be free from all liability, joint, and several, for their acts, omissions and conduct, and for the acts, omissions and conduct of their duly constituted agents, in the administration of the Plan, and the County shall indemnify and save each of them harmless from the effects and consequences of their acts, omissions, and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own willful misconduct.

D. Miscellaneous: The Commission shall prepare and distribute to the Employees information concerning the Plan, at the expense of the County, in such manner as it shall deem appropriate.

To enable the Commission to perform its functions, the County shall supply full and timely information of all matters relating to the compensation and length of service of all Participants, their retirement, death or other cause of termination of employment, and such other pertinent facts as the Commission may require.

The Commission shall be entitled to rely upon all tables, valuations, certificates, and reports furnished by an actuary, who shall be a member of the

4650

COUNTY HOME RULE ORDINANCES

American Academy of Actuaries, or an organization which one or more members is a member of the American Academy of Actuaries and upon all certificates and reports made by an accountant selected or approved by the Commission. The Commission shall be fully protected in respect to any action: taken or suffered by it in good faith in reliance upon the advice or opinion of any actuary, accountant, or attorney, and all action so taken or suffered shall be conclusive upon each member of the Commission and upon all persons interested in the Plan.

SECTION? TRUST FUND AND TRUSTEES

7.01Trust Fund

There is created a permanent pension Fund for the benefit of each Participant covered by this Plan, and the Fund shall be known as the "Richmond County Employees' Pension Fund" and shall be kept in a separate account earmarked "Richmond County Employees' Pension Fund", with a separate, permanent record thereof. The assets of the Fund shall be held and administered by the Commission. The Fund shall consist of all payments by the County and Participants to the Fund and earnings from investments. The assets of the Fund shall be valued as of the end of each plan year, and at any other time required by the Commission, and at the then existing book and market value. The Fund is hereby declared not to be the property of the Commission or the County, and this includes any sum paid in or directed to be paid in by the Commission and it shall reserve no property in any sum raised or due by virtue of the Plan.

The Commission shall maintain a separate and permanent record of the Fund. All decisions of the Commission in regard to the Fund or any payments or withdrawals therefrom shall be recorded in the minutes of the Commission and also entered on the permanent record kept by the Commission and such
permanent record shall be open to inspection by any interested person at all
regular business hours.

The Commission shall keep the Treasurer and Clerk of the Commission bonded at all times and in an amount equal to the total Fund in possession of or under the control of either; provided, however, that such bond shall not exceed Two-Hundred Thousand Dollars ($200,000.00) as to each party. The bond shall also cover any acting Treasurer or Clerk.

7.02Amendment of Trust
The County shall have the right at any time, by an instrument in writing du~Y executed by the Commission and to the Trustee, to modify, alter, or amend thiS

GEORGIA LAWS 2004 SESSION

4651

Plan and Trust in whole or in part; provided, however, that the duties, powers, and liability of the Trustee hereunder shall not be substantially increased without its written consent, and provided further, that no such amendment shall have the effect of revesting in the County any part of the principal or income of the Fund.

7.03Discontinuance of Trust and Vesting

The County expressly reserves the right to terminate this Plan and Trust Agreement at any time. Upon termination ofthe Plan by the County, or complete discontinuance ofContributions thereunder, having the effect of termination, the rights of each Participant to benefits accrued to the date of such termination or discontinuance, to the extent then funded, shall be nonforfeitable. In either case the Commission shall, upon instructions from the County, continue to administer the Fund as provided in Section 7. No part of the Fund shall at any time revert to the County unless all benefits for Participants and their Payees have been provided.

7.04Powers of the Commission

The Commission shall have the following power and authority in the administration of the Fund to be exercised in accordance with and subject to the provisions of Section 7.05 hereof:

(a) control the administration of the Plan hereunder, with all powers necessary to enable it to properly carry out its duties in that respect. Not in limitation, but in amplification of the foregoing, the Commission shall have the power to construe the Plan and to determine all questions that shall arise thereunder, and shall also have all the powers elsewhere herein conferred upon it;

(b) decide all questions relating to the eligibility of Employees to participate in the benefits of the Plan; and

(c) determine the benefits to which any Participant or Beneficiary may be entitled under the Plan.

The decisions of the Commission upon all matters within the scope of this authority shall be final and binding upon all parties to this instrument, participants and their beneficiaries.

All acts and determinations of the Commission shall be duly recorded by the County clerk, or under his supervision and all such records, together with such other documents as may be necessary for the administration of the Plan, shall be preserved in the custody of such clerk.

4652

COUNTY HOME RULE ORDINANCES

The Commission shall prepare and distribute to the Employees information concerning the Plan at the expense ofthe County, in such manner as it shall deem appropriate.

To enable the Commission to perform its functions, the County shall supply full and timely information of all matters relating to the compensation and length of service of all Participants, their retirement, death or other cause of termination of employment, and such other pertinent facts as the Commission may require.

7.05Investment of Fund

The County comptroller shall be the custodian ofsuch Fund and shall deposit the same in a bank or banks, and, pursuant to the direction of the pension fund investment committee, which committee shall consist of the members of the Augusta-Richmond County Commission, shall invest and reinvest, from time to time, any portion thereof not immediately needed for the payment of pensions, in securities approved by law for the investment of trust funds; and, in such securities other than those specifically approved by law for the investment of trust funds, as the pension fund investment committee shall deem proper, from time to time; provided, however, that the amount of the pension fund which may be invested in such securities other than those specifically approved by law for the investment of trust funds may not exceed fifty percent (50%) of the total amount of the fund then outstanding; and in addition thereto, the investment committee may invest such funds in bonds and debentures assumed or guaranteed by such existing corporation or institution existing under the laws of the United States of America, or any state thereof, provided such bonds or debentures are rated at the time of their purchase, by a nationally recognized securities rating service, as AAA (Aaa), AA (Aa) or A (a) in lieu thereof, provided such bonds or debentures are the type in which domestic life insurance companies are permi~ to invest under the provisions of Section 33-11-20 of the Official Code of Georgia Annotated (Ga. Code Ann. 56-1016), as amended. The amountofthe pension fund which may be invested in the bonds and debentures of any one corporation may not exceed ten percent (I 0%) of the total amount of such fund then outstanding.
Withdrawal from the fund for investment purposes shall be accomplished by vouchers drawn by the Treasurer, counter-signed by the mayor of the County or the mayor's designee.

7 .06Taxation
The Commission is hereby authorized to levy a tax from time to time to raise a
sufficient sum to meet the requirements of the Plan for paying into the Fund an
amount equal to the amount contributed by Participants to the Fund; and in the

GEORGIA LAWS 2004 SESSION

4653

event such amount contributed by the Participants should be increased to five percent (5%) Earnings and the five percent (5%) contributed by the Commission, shall be insufficient to pay the pensions provided for in the Plan, then and in that event the Commission shall levy a sufficient tax to meet all payments as required by the Plan, and from time to time to continue to do so.

7.07Resignation of Trustee

The Trustee may resign as Trustee of the Trust at any time by giving sixty (60) days written notice to the County, or with the consent of the County, may resign at any time. At such time as the resignation becomes effective, the Trustee shall render to the County an account of its administration of the Fund during the period following that covered by its last annual account, and shall perform all acts necessary to transfer and deliver the assets of the Fund to its successor.

7.08Successor Trustees

In the event ofvacancy ofone or more individuals in the Trusteeship ofthis Trust occurring at any time, the Commission shall designate and appoint qualified successor Trustee(s) until such individuals are elected by the electorate.

7.09Disbursements

Upon written direction (which may be a continuing one) from the Commission as to the name of any person to whom money is to be paid from the Fund and the amount thereof, checks shall be drawn by the Trustee in the name of the person designated by the Commission and deliver such checks in such manner and amounts and at such time as the Commission shall direct. In the event the Trustee shall deem it necessary to withhold any distribution pending compliance with legal requirements with respect to probate of wills, appointment of personal representatives, payment of or provision for estate or inheritance taxes, or for death duties or otherwise, the Trustee shall withhold payment pending receipt of the instructions from the County Attorney to make such distribution.

SECTION 8 AMENDMENT AND TERMINATION

This Section 8 shall apply only to the extent that it does not otherwise conflict with applicable Georgia law, including, but not limited to, Article I, Section I, Paragraph X of the Georgia Constitution.

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COUNTY HOME RULE ORDINANCES

8.01Amendment of the Plan

The County shall have the right at any time pursuant to authorization of the Commission, to amend any or all of the provisions of the Plan; provided, however, that no such amendment shall authorize or permit any part of the Fund
to be diverted to purposes other than for the exclusive benefit of Participants and
their Payees; and further provided, that no amendment shall have the effect of revesting in the County any portion of such Fund except such amounts which remain in the Fund after termination of the Plan and after all liabilities under the Plan have been satisfied.

8.02Termination of the Plan

The County expects this Plan to be continued indefinitely but, of necessity, reserves the right to terminate the Plan and its Contributions thereunder at any time by action of the Commission; provided, however, that should the County terminate the Plan or completely discontinue Contributions hereunder so as the amount to a Plan termination, the accrued benefit of each Participant, to the extent then funded, shall become fully vested and nonforfeitable as the date of termination.
In the event of termination of the Plan and upon receipt of written notice of such termination, the Commission shall arrange for the Fund to be apportioned and distributed in accordance with the following procedure:

A. The Commission shall determine the date of distribution and asset value of the Fund to be distributed, taking into account the expenses of distribution.

B. The Commission shall determine the method of distribution of the asset value --that is, whether distribution to each Participant or Payee entitled to benefits shall be by payment in a lump-sum cash amount, the purchase ofan annuity from an insurance company, or otherwise.

C. The Commission shall apportion the asset value in the priority and manner set forth below, on the basis that the amount required to provide any given retirement benefit shall mean the actuarially computed single-sum value of such benefit, except that if the method of distribution determined under paragraph B of this Section involves the purchase of an insured annuity, the amount required to provide the given retirement benefit shall mean the single premium payable for such annuity:
(l) An amount equal to each Participant's Contributions under the Plan with interest, less the aggregate amount of any benefit payments previouslY made with respect to such Participant, will be determined and such

GEORGIA LAWS 2004 SESSION

4655

amount apportioned from the asset value. Such asset value, if insufficient to provide such amounts in full will be apportioned among such Participants in proportion to the amounts determined with respect to them.

(2) If there be any asset value remaining after the apportionment under (I) above, apportionment shall next be made with respect to each retired Participant receiving a retirement benefit hereunder an such date, each person receiving a retirement benefit on such date on account of a retired (but since deceased) Participant, each Participant who has, by such date, reached his Normal Retirement Date but has not yet retired, in the amount required to provide such retirement benefit as of the date of termination of the Plan, less any apportionment made in (1) above, provided that, if such remaining asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value.

(3) If there be any asset value remaining after the apportionments under (I) and (2) above, apportionment shall next be made with respect to each active Participant on such date who has reached his Early Retirement Date but has not yet retired, in the amount required to provide such retirement benefit as ofthe termination date ofthe Plan, less any apportionment in (I) above, provided that, if such remaining asset value be less than the aggregate ofthe amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced values will be equal to such remaining asset value.

(4) If there be any asset value remaining after the apportionments under (1 ), (2), and (3) above, apportionment shall next be made with respect to each active Participant on such date who has completed at lease 10 years of Credited Service and each former Participant then entitled to a deferred benefit under Section 3.05-B hereofwho has not, by such date, reached his Normal Retirement Date, none of whom is entitled to an apportionment under (2) above, in the amount required to provide the actuarially determined value of the accrued benefit as of the termination date of the Plan, less any apportionment in (I) above; provided that, ifsuch remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced values will be equal to such remaining asset value.

(5) If there be any asset value remaining after apportionments under (1), (2), (3 ), and (4) above, apportionment shall lastly be made with respect to each active Participant on such date who is not entitled to an apportionment under (2), (3), or (4) above, in the amount required to provide the

4656

COUNTY HOME RULE ORDINANCES

actuarially determined value of the accrued benefit as of the date of termination of the Plan, less any apportionment in (1) above; provided that, if such remaining asset value be less than the aggregate of the
amounts apportioned hereunder, such latter amounts shall be
proportionately reduced so that the aggregate of such reduced values will be equal to such remaining asset value.

(6) In the event that any asset value remains after the full apportionments specified in paragraphs(!), (2), (3), (4), and (5) above, such excess shall revert to the County.

D. The Commission shall cause to be distributed, in accordance with the manner of distribution determined under paragraph B of this Section, the amounts apportioned under paragraph C of this Section.

SECTION 9 MISCELLANEOUS

9.01Headings

The headings and subheadings in this Plan have been inserted for convenience of reference only and are to be ignored in any construction of the provisions hereof

9. 02 Construction

In the construction of this Plan the masculine shall include the feminine and the singular the plural in all cases where such meanings would be appropriate.

Each Section of this Plan and every part of each Section are declared to be independent Sections and the holding of any Section or part of any section to be void shall not affect the other Sections or parts ofsuch Sections, and it is declared that the other Sections not so held to be void, or parts of Sections not held to be void would have been enacted regardless of any Section or part of any Section being held void.

The Plan constitutes a contract, from the effective date of this Act, between the Commission and the County and each Employee who is or who may hereafter become entitled to benefits under the Plan, which includes Participants noW existing or that hereafter exist.

This Plan shall be construed in accordance with the laws of the State of Georgia.

GEORGIA LAWS 2004 SESSION

4657

9.03Nonalienation

No benefits payable under the Plan will be subject to the claim or legal process ofany creditor ofany Participant or beneficiary, and no Participant or beneficiary will alienate, transfer, anticipate, or assign any benefits under the Plan, except that distributions will be made pursuant to (a) qualified domestic relations orders issued in accordance with Code Section 414 (p), (b) judgments resulting from federal tax assessments, and (c) as otherwise required by law.
9.04Legally Incompetent

If any Participant or Payee is a minor, or, in the judgment of the Commission is otherwise legally incapable ofpersonally receiving and giving a valid receipt for any payment due him hereunder, the Commission may, unless and until claim shall have been made by a duly appointed guardian or committee ofsuch person, direct that such payment or any part thereof be made to such person's spouse, child, parent, brother, or sister or other person deemed by the Commission to have incurred expense for or assumed responsibility for the expenses of such person. Any payment so made shall be a complete discharge of any liability under this Plan for such payment.

9.05Benefits Supported Only By Fund

Any person having any claim under the Plan will look solely to the assets of the Fund for satisfaction. In no event will the County, or any of its officers, members of the Commission, or agents, be liable in their individual capacities to any person whomsoever, under the provisions of the Plan.

9. 06 Discrimination

The County, through the Commission, shall administer the plan in a uniform and consistent manner with respect to all Employees and shall not permit discrimination in favor of officers, supervisory or highly-paid employees.

9.07Limitation of Liability; Legal Actions

It is expressly understood and agreed by each Employee who becomes a Participant hereunder, that except for its or their willful negligence or fraud, neither the County, the Trustee, nor the Commission shall be in any way subject to any suit or litigation, or to any legal liability, for any cause or reason whatsoever, in connection with this Plan or its operation, and each such Participant hereby releases the County, Trustee, Commission, and all its officers and agents from any and all liability or obligation.

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COUNTY HOME RULE ORDINANCES

9.08Claims

Any payment to a Participant, Joint Annuitant, or Beneficiary, or to their legal representatives, in accordance with the provision of this Plan, shall to the extent thereof be in full satisfaction of all claims hereunder against the Commission, Trustee, and the County, any ofwhom may require such Participant, Beneficiary, or legal representative, as a condition precedent to such payment, to execute a receipt and release therefore in such form as shall be determined by the Commission.

9.09 Forfeitures

Forfeitures arising from any cause whatsoever under this Plan shall not be applied to increase the benefits any Participant would otherwise receive under the Plan at any time prior to the termination of the Plan or the complete discontinuance of County Contributions hereunder; forfeitures shall be applied to reduce the County's Contributions under the Plan in the then current or subsequent years.

9.10Maximum of One Benefit at a Time

There shall not be paid to any person more than one benefit at a time under the Plan.

9.11 Applications

All applications for pensions shall be made to the Clerk of the Commission on forms prescribed by the Commission and printed for use in such cases, and it shall be the duty of the Commission to provide such forms at all times and the Clerk of the Commission shall immediately transmit such application to the County Attorney for his approval as to form and procedure, and upon his approval, same shall be presented to the Commission.

9.12Report of Treasurer

At the close of each year the Treasurer shall make a written report to the Commission of funds on hand and liabilities of the Fund, both accrued and contingent.

9.13 Consequence of Plan Violation

Should any person subject to the Plan or administering the Plan violate the provisions of the Plan, in addition to any other applicable penalties, such person

GEORGIA LAWS 2004 SESSION

4659

shall be guilty of a misdemeanor for such violation, and shall be punished accordingly under the laws of the state of Georgia.

IN WITNESS WHEREOF, the County has caused this amended Plan to be duly executed as of the day of the 20th of February, 2002, but effective as of January I, 1997.

ATTEST:

AUGUSTA-RICHMOND COUNTY COMMISSION, AS SUCCESSOR TO THE RICHMOND COUNTY BOARD OF COMMISSIONERS, AS EMPLOYER

s/ LENA J. BONNER (Seal) Clerk

By: s/ BOB YOUNG Mayor

AUGUSTA-RICHMOND COUNTY COMMISSION, AS SUCCESSOR TO THE RICHMOND COUNTY BOARD OF COMMISSIONERS, AS TRUSTEE

s/BOB YOUNG Mayor

This Ordinance shall be effective as of January 1, 1997. All ordinances and parts ofOrdinances in conflict with the provisions of this Ordinance are hereby repealed.

APPROVED AND ENACTED by the Augusta-Richmond County Commission, on the 20th day of February, 2002.

s/BOB YOUNG Mayor

ATTEST: sf LENA J. BONNER Clerk

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF RICHMOND

Personally appeared before me, Judith Greene, to me known, who being sworn, deposes and says: That He/She is the authorized agent of Southeastern Newspapers

4660

COUNTY HOME RULE ORDINANCES

Corporation, a Georgia Corporation, doing business in said county under the trade name The Augusta Chronicle, a newspaper published in said county; That He/She is authorized to make affidavits of publication on behalf of said publisher corporation, The Augusta Chronicle. That said newspaper is of general circulation in said county and in the area adjacent thereto; That He/She has reviewed the regular editions ofsaid newspapers published on January 17, 24, 31,2002 andfmds that the following advertisement appeared in each of said editions; to wit:

s/JUDITH GREENE (deponent)

Sworn to and subscribed before me this 23 day of March, 2004.

s/ CAMERON SULLIVAN Notary Public, Richmond County, Georgia. MY COMMISSION EXPIRES JAN. 13, 2008. [SEAL]

PUBLIC NOTICE

The public is hereby notified that the County Attorney will present to the Augusta-Richmond County Commission, at its regular meeting on February 5, 2002, and on February 20, 2002, an Ordinance to amend and restate the 1945 RICHMOND COUNTY EMPLOYEES PENSION FUND ACT (Ga. Laws 1945, p. 748, as amended) (the "Plan") so as to conform the Plan with relevant federal laws that have been promulgated since the Plan was enacted including the relevant provisions of the Uruguay Round Agreements Act, the Uniformed Services Employment and Reemployment Rights Act of 1994, the Small Business Job Protection Act of 1996, the Taxpayer Relief Act of 1999, the Internal Revenue Service Restructuring and Reform Act of 1996, and the Community Renewal Tax Relief Act of 2000 (collectively "GUST") and certain provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001; to repeal conflicting ordinances; and for other purposes.
The public is hereby further notified that it is necessary for the Augusta-Richmond County Commission to adopt said Ordinance at Two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted by O.C.G.A. 36-35-3, providing for home rule by municipalities and the Constitution of the State of Georgia providing for home rule by counties.
The public is further notified that a copy of the proposed Ordinance has beelt filed with the Clerk of Superior Court ofRichmond County, Georgia, City-Coun~ Building, 5th Floor, 500 block Greene Street, Augusta, Georgia, for pubhc examination and inspection, and copies of same are available with the Clerk ofthe Commission for any member of the public.

GEORGIA LAWS 2004 SESSION
This 9th day of January, 2002. JAMES B. WALL County Attorney Augusta, Georgia Jan. 17,24,31,2002
Filed in the Office of the Secretary of State March 30, 2004.

4661 Adv. #899885

AUGUSTA-RICHMOND COUNTY- CITY OF AUGUSTA 1949 GENERAL RETIREMENT FUND; INVESTMENTS.
ORDINANCE NO. 6559
AN ORDINANCE TO AMEND THE CITY COUNCIL OF AUGUSTA 1949 GENERAL RETIREMENT FUND (GA. L. 1949, p. 1070, AS AMENDED BY GA. L. 1966, p. 3351; GA. L. 1968, p. 2457; GA. L. 1971, p. 3697; GA. L. 1975, p. 2936; GA. L. 1980, p. 3198; GA. L. 1981, P. 4373; ORDINANCE NO. 5245, MARCH 18, 1985; ORDINANCE NO. 5330, APRIL 7, 1986; ORDINANCE NO. 5331, APRIL 7, 1986; ORDINANCE NO. 5397,FEBRUARY 16, 1987;0RDINANCENO. 5398,FEBRUARY 16, 1987; ORDINANCE NO. 5457, DECEMBER 7, 1987; ORDINANCE NO. 5458, DECEMBER 21, 1987; GA. L. 1988, p. 5224; GA. L. 1988, p. 5425; GA. L. 1988, p. 5428; GA. L. 1989, p. 5268; GA. L. 1990, p. 5386; ORDINANCE NO. 5700, JUNE 21, 1993; GA. L. 1994, p. 5276; ORDINANCE NO. 5776, APRIL 17, 1995; GA. L. 1997, p. 4632; GA. L. 1997, p. 4638; GA. L. 1997, p. 4647; GA. L. 1998, p. 4697; GA. L. 1998, p. 4746; AND ORDINANCE NO. 6656, ADOPTED ON FEBRUARY20,2002),ENACTEDPURSUANTTOTHEPROVISIONSOF THE OFFICIAL CODE OF GEORGIA ANNOTATED WHICH PROVIDE FOR HOME RULE BY MUNICIPALITIES AND PURSUANT TO THE PROVISIONS OF THE CONSTITUTION OF THE STATE OF GEORGIA WHICH PROVIDE FOR HOME RULE BY COUNTIES; SO AS TO REVISE THE PROVISIONS REGARDING INVESTMENT OF THE FIND; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL, AS SUCCESSOR TO THE CITY COUNCIL OF AUGUSTA, GEORGIA, AND IT IS HEREBY ORDAINED BY AUTHORITY OF THE SAME AS FOLLOWS:
Section 1. The City Council of Augusta 1949 Augusta Retirement System (Ga. L. 1949, p. 1070, as amended by Ga. L. 1966, p. 3351; Ga. L. 1968, p. 2457;

4662

COUNTY HOME RULE ORDINANCES

Ga. L. 1971, p. 3697; Ga. L. 1975, p. 2936; Ga. L. 1980, p. 3198; Ga. L. 1981, P. 4373; Ordinance No. 5245, March 18, 1985; Ordinance No. 5330, April?, 1986; Ordinance No. 5331, April 7, 1986; Ordinance No. 5397, February 16, 1987; Ordinance No. 5398, February 16, 1987; Ordinance No. 5457, December 7, 1987; Ordinance No. 5458, December 21, 1987; Ga. L. 1988, p. 5224; Ga. L. 1988, p. 5425; Ga. L. 1988, p. 5428; Ga. L. 1989, p. 5268; Ga. L. 1990, p. 5386; Ordinance No. 5700, June 21, 1993; Ga. L. 1994, p. 5276; Ordinance No. 5776, Aprill7, 1995; Ga. L. 1997, p. 4632; Ga. L. 1997, p. 4638; Ga. L. 1997, p. 4647; Ga. L. 1998, p. 4697; Ga. L. 1998, p. 4746; and Ordinance No. 6656, adopted on February 20, 2002) is hereby amended by deleting Section 8.05, to wit:

8.05Investment of Fund

The Comptroller shall be the Trustee of the Fund and shall deposit the same in a bank or banks, and, pursuant to the direction of the Pension Fund Investment Committee, shall invest and reinvest, from time to time, any portion thereof not immediately needed for the payment of pensions, in securities approved by law for the investment of trust funds, as the Pension Fund Investment Committee shall deem proper, from time to time; provided, however, that the amount of the Fund which may be invested in such securities other than those specifically approved by law for the investment of trust funds may not exceed fifty percent (50%) of the total amount of such fund then outstanding; and in addition thereto, the Pension Fund Investment Committee may invest such funds in bonds and debentures assumed or guaranteed by any solvent corporation or institution existing under the laws of the United States of America, or any state thereof, provided such bonds or debentures are rated at the time of their purchase, by a nationally recognized securities rating service, as AAA (Aaa), AA (Aa), or A (a) or in lieu thereof, provided such bonds or debentures are the type in which domestic life insurance companies are permitted to invest under the provisions of Section 33-11-20 of the Official Code of Georgia Annotated (Ga. Code Ann. 56-10 16), as amended. The amount of the Fund which may be invested in the bonds and debentures of any one corporation may not exceed ten percent (10%) of the total amount of the Fund then outstanding.

Withdrawals from the Fund for investment purposes shall only be made by vouchers signed by the Comptroller or Deputy Comptroller and countersigned by the Mayor as chief executive officer of Augusta-Richmond County. The Comptroller shall maintain a record of the age, length of service, and contributions of each Participant.

and substituting therefor the following:

GEORGIA LAWS 2004 SESSION

4663

8.05Investment of Fund

The Comptroller shall be the Trustee of the Fund and shall deposit the same in a bank or banks, and, pursuant to the direction of the Pension Fund Investment Committee, shall invest and reinvest, from time to time, any portion thereof not immediately needed for the payment of pensions, in securities approved by law for the investment of trust funds, as the Pension Fund Investment Committee shall deem proper, from time to time; provided, however, that the amount of the Fund which may be invested in such securities other than those specifically approved by law for the investment of trust funds may not exceed sixty percent (60%) of the total amount of such fund then outstanding; and in addition thereto, the Pension Fund Investment Committee may invest such funds in bonds and debentures assumed or guaranteed by any solvent corporation or institution existing under the laws of the United States of America, or any state thereof, provided such bonds or debentures are rated at the time of their purchase, by a nationally recognized securities rating service, as AAA (Aaa), AA (Aa), or A (a) or in lieu thereof, provided such bonds or debentures are the type in which domestic life insurance companies are permitted to invest under the provisions of Section 33-11-20 of the Official Code of Georgia Annotated (Ga. Code Ann. 56-10 16), as amended. The amount of the Fund which may be invested in the bonds and debentures of any one corporation may not exceed ten percent (10%) of the total amount of the Fund then outstanding.

Withdrawals from the Fund for investment purposes shall only be made by vouchers signed by the Comptroller or Deputy Comptroller and countersigned by the Mayor as chief executive officer of Augusta-Richmond County. The Comptroller shall maintain a record of the age, length of service, and contributions of each Participant.

Section 2. This ordinance is adopted by the Augusta-Richmond County Commission Council pursuant to the provisions ofO.C.G.A. 36-35-3, providing for Home Rule for Municipalities and pursuant to the provisions ofthe Constitution of the State of Georgia which provide for home rule by counties.

Section 3. All laws or ordinances or parts oflaws or ordinances in conflict with this ordinance are hereby repealed.

Section 4. This ordinance shall become effective upon its being filed with the Secretary of State of Georgia and with the Clerk of Superior Court of Richmond County, Georgia, in accordance with all applicable law.

ADOPTED this 5 day ofNovember, 2003 and this 18 day ofNovember, 2003.

4664

COUNTY HOME RULE ORDINANCES

Attest: s/ LENA J. BONNER
Clerk

Augusta-Richmond County Commission By: s/ BOB YOUNG As its Mayor

I, the undersigned, LENA BONNER, CLERK, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the said Augusta-Richmond County Commission at two consecutive meetings, held, on the following dates, to-wit:

November 5, 2003 and November 18, 2003, as the same appear on the minutes of said commission.

This 18 day of November, 2003.

s/ LENA J. BONNER Clerk
AFFIDAVIT OF PUBLICATION

[SEAL]

STATE OF GEORGIA COUNTY OF RICHMOND

Personally appeared before me Suzanne Aultman to me known, who being sworn, deposes and says: That He/She is the authorized agent of Southeastern Newspapers Corporation, a Georgia Corporation, doing business in said county under the trade name The Augusta Chronicle, a newspaper published in said county; That He/She is authorized to make affidavits of publication on behalf of said publisher corporation; The Augusta Chronicle. That said newspaper is of general circulation in said county and in the area adjacent thereto; That He/She has reviewed the regular editions of said newspapers published on October 9, 16, 23, 2003 and finds that the following advertisement appeared in each of said editions, to-wit:

s/ SUZANNE AULTMAN

(deponent)

Sworn to and subscribed before me this 23 day of October, 2003

s/ FRANKIE D. POLLARD Notary Public, Richmond County Georgia. MY COMMISSION EXPIRES June 24, 2005 [SEAL]

GEORGIA LAWS 2004 SESSION

4665

PUBLIC NOTICE The public is hereby notified that the County Attorney will present to the Augusta-Richmond County Commission, at the regular meeting on November 4, 2003, and on November 18,2003, an Ordinance to amend the CITY COUNCIL OF AUGUSTA 1949AUGUSTARETIREMENTSYSTEM(Ga.Laws 1949,p.l070, as amended) so as to revise the investment policies for the pension fund; to repeal conflicting ordinances; to provide an effective date; and for other purposes.

The public is hereby further notified that it is necessary for the Augusta-Richmond County Commission to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted by O.C.G.A. S 36-35-3, providing for home rule by municipalities and the Constitution of the State of Georgia providing for home rule by counties.

The public is further notified that a copy of the proposed Ordinance has been filed with the Clerk of Superior Court of Richmond County, Georgia, City-County Building, 5th Floor, 500 Block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of same are available with the Clerk of the Commission for any member of the public.

This 2nd day of October, 2003. JAMES B. WALL County Attorney Augusta, Georgia

Oct. 9, 16, 23, 2003

Adv. #1323705

Filed in the Office of the Secretary of State March 30, 2004.

AUGUSTA-RICHMOND COUNTY- RICHMOND COUNTY EMPLOYEES PENSION FUND; INVESTMENTS.
ORDINANCE NO. 6660
AN ORDINANCE TO AMEND THE 1945 RICHMOND COUNTY EMPLOYEES' PENSION FUND ACT (GA. L. 1945; pp. 748, AS AMENDED BY GA. L. 1949, p. 1982; GAL. 1951, p. 3234; GA. L. 1953, p. 2624; GA. L. 1966, p. 3360; GA. L. 1971, p. 3381; GA. L. 1976, p. 4500; GA. L. 1980, p. 4606; GA. L. 1985, p. 5194; GA. L. 1990, p. 5290; GA. L. 1993, p. 5438; GA. L. 1997, p. 4642; GA. L. 1997, p. 4705; GA. L. 1998, p. 4742; GA. L. 1999, p. 4938; and ORDINANCE NO. 6657

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COUNTY HOME RULE ORDINANCES

ADOPTED ON FEBRUARY 20, 2002); ENACTED PURSUANT TO THE PROVISIONS OF THE CONSTITUTION OF THE STATE OF GEORGIA THAT PROVIDE FOR HOME RULE FOR COUNTIES; SO AS TO REVISE THE PROVISIONS REGARDING INVESTMENT OF THE FUND; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISISON, AS SUCCESSOR TO THE BOARD OF COMMISSIONERS OF RICHMOND COUNTY, GEORGIA, AND IT IS HEREBY ORDAINED BY AUTHORITY OF THE SAME AS FOLLOWS:
Section l. The Richmond County Employees' Pension Fund Act (Ga. L. 1945, p. 748, as amended by Ga. L. 1949, p. 1982; Ga. L. 1951, p. 3234; Ga. L. 1953, p. 2624; Ga. L. 1966, p. 3360; Ga. L. 1971, p. 3381; Ga. L. 1976, p. 4500; Ga. L. 1980, p. 4606; Ga. L. 1985, p. 5194; Ga. L. 1990, p. 5290; Ga. L. 1993, p. 5438; Ga. L. 1997, p. 4642; Ga. L. 1997, p. 4705; Ga. L. 1998, p. 4742; Ga. L. 1999, p. 4938; and Ordinance No. 6657 adopted on February 20, 2002) is hereby amended by deleting Section 7.05, to wit:

7.05 Investment of Fund

The County comptroller shall be the custodian of such Fund and shall deposit the
same in a bank or banks, and, pursuant to the direction of the pension fund
investment committee, which committee shall consist of the members of the Augusta-Richmond County Commission, shall invest and reinvest, from time to time, any portion thereof not immediately needed for the payment of pensions, in securities approved by law for the investment of trust funds; and, in such securities other than those specifically approved by law for the investment of trust funds, as the pension fund investment committee shall deem proper, from time to time; provided, however, that the amount of the pension fund which may be invested in such securities other than those specifically approved by law for the investment of trust funds may not exceed fifty-five percent (50%) of the total amount of the fund then outstanding; and in addition thereto, the investment committee may invest such funds in bonds and debentures assumed or guaranteed by such existing corporation or institution existing under the laws of the United States of America, or any state thereof, provided such bonds or debentures are rated at the time of their purchase, by a nationally recognized securities rating service, as AAA (Aaa), AA (Aa) or A (a) in lieu thereof, provided such bonds or debentures are the type in which domestic life insurance companies are permitted to invest under the provisions of Section 33-11-20 of the Official Code of Georgia Annotated (Ga. Code Ann. 56-1016), as amended. The amount ofthe pension fund which may be invested in the bonds and debentures of any one

GEORGIA LAWS 2004 SESSION

4667

corporation may not exceed ten percent (10%) of the total amount of such fund then outstanding.

Withdrawal from the fund for investment purposes shall be accomplished by vouchers drawn by the Treasurer, counter-signed by the mayor of the County or the mayor's designee.

and substituting therefor the following:

7.05Investment of Fund

The County comptroller shall be the custodian ofsuch Fund and shall deposit the same in a bank or banks, and, pursuant to the direction of the pension fund investment committee, which committee shall consist of the members of the Augusta-Richmond County Commission, shall invest and reinvest, from time to time, any portion thereof not immediately needed for the payment of pensions, in securities approved by law for the investment of trust funds; and, in such securities other than those specifically approved by law for the investment of trust funds, as the pension fund investment committee shall deem proper, from time to time; provided, however, that the amount of the pension fund which may be invested in such securities other than those specifically approved by law for the investment of trust funds may not exceed fifty percent (55%) of the total amount of the fund then outstanding; and in addition thereto, the investment committee may invest such funds in bonds and debentures assumed or guaranteed by such existing corporation or institution existing under the laws of the United States of America, or any state thereof, provided such bonds or debentures are rated at the time of their purchase, by a nationally recognized securities rating service, as AAA (Aaa), AA (Aa) or A (a) in lieu thereof, provided such bonds or debentures are the type in which domestic life insurance companies are permitted to invest under the provisions of Section 33-11-20 of the Official Code of Georgia Annotated (Ga. Code Ann. 56-1016), as amended. The amount of the pension fund which may be invested in the bonds and debentures of any one corporation may not exceed ten percent ( 10%) of the total amount of such fund then outstanding.

Withdrawal from the fund for investment purposes shall be accomplished by vouchers drawn by the Treasurer, counter-signed by the mayor of the County or the mayor's designee.

Section 2. This ordinance is adopted by the Augusta-Richmond County Commission pursuant to the provisions of the Constitution of the State of Georgia which provide for home rule by counties.

4668

COUNTY HOME RULE ORDINANCES

Section 3. All laws or ordinances or parts of laws or ordinances in conflict with this ordinance are hereby repealed.

Section 4. This ordinance shall become effective upon its being filed with the Secretary of State of Georgia and with the Clerk of Superior Court of Richmond County, Georgia, in accordance with all applicable law.

ADOPTED this 5 day of November, 2003 and this 18 day ofNovember, 2003.

Augusta-Richmond County Commission

By: s/ BOB YOUNG As its Mayor

Attest: s/ LENA J. BONNER Clerk

I, the undersigned, LENA BONNER, CLERK, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the said Augusta-Richmond County Commission at two consecutive meetings, held, on the following dates, to-wit:

November 5, 2003 and November 18,2003, as the same appear on the minutes of said commission.

This 18 day ofNovember, 2003.

s/ LENA J. BONNER Clerk [SEAL]

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF RICHMOND

Personally appeared before me Suzanne Aultman to me known, who being sworn, deposes and says: That He/She is the authorized agent of Southeastern Newspapers Corporation, a Georgia Corporation, doing business in said coun!Y under the trade name of The Augusta Chronicle, a newspaper published in satd county; That He/She is authorized to make affidavits of publication on behalf of said publisher corporation; The Augusta Chronicle. That said newspaper is of general circulation in said county and in the area adjacent thereto; That He/She haS

GEORGIA LAWS 2004 SESSION

4669

reviewed the regular editions of said newspapers published on October 9, 16, 23, 2003 and finds that the following advertisement appeared in each of said editions, to wit:

~s/__,S,.,U::..oZ=A=NNc..:.=-:.E=-.!..A=U"-'L"'"'T,_,M~A"-N'---------( deponent) Sworn to and subscribed before me this 23 day of October, 2003.

sf FRANKIE D. POLLARD Notary Public, Richmond County Georgia. MY COMMISSION EXPIRES June 24,2005. [SEAL]

PUBLIC NOTICE

The public is hereby notified that the County Attorney will present to the Augusta-Richmond County Commission, at its regular meeting on November 4, 2003, and on November 18, 2003, an Ordinance to amend and restate 1945 RICHMOND COUNTY EMPLOYEES PENSION FUND ACT (Ga. Laws 1945, p. 748, as amended) so as to revise the investment policies for the pension fund; to repeal conflicting ordinances; to provide an effective date; and for other purposes.

The public is hereby further notified that it is necessary for the Augusta-Richmond County Commission to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted by O.C.G.A. 36-35-3, providing for home rule by municipalities and the Constitution of the State of Georgia providing for home rule by counties.

The public is further notified that a copy of the proposed Ordinance has been filed with the Clerk of Superior Court ofRichmond County, Georgia, City-County Building, 5th Floor, 500 Block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of same are available with the Clerk of the Commission for any member of the public.

This 2nd day of October, 2003. JAMES B. WALL County Attorney Augusta, Georgia
Oct. 9, 16, 23,2003

Adv. #1323692

Filed in the Office of the Secretary of State March 30, 2004.

4670

COUNTY HOME RULE ORDINANCES

DEKALB COUNTY- PLANNING COMMISSION; PLAT REVIEW APPROVAL.

A HOME RULE ORDINANCE

A HOME RULE ORDINANCE BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF 1956, APPROVED MARCH 9, 1956, FOUND IN GEORGIA LAWS 1956, PAGE 3332, ET SEQ., AS AMENDED, AUTHORIZING THE CREATION OF A DEKALB COUNTY PLANNING COMMISSION AND ESTABLISHING THE POWERS AND DUTIES THEREOF, SO AS TO PROVIDE FOR CLARIFICATION OF PLAT REVIEW APPROVAL BY THE DEKALB COUNTY PLANNING COMMISSION AND THE GOVERNING AUTHORITY

BE IT ORDAINED by the Board of Commissioners of DeKalb County, Georgia, and it is ordained by the authority of same, pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia, that the Act, known as 1956 Ga. Laws 1956, p. 3332, et seq., as amended, pertaining to the DeKalb County Planning Commission, which grants the county planning commission the authority to review and approve plats and which grants it the authority to recommend to the county governing authority for adoption regulations governing the subdivision ofland within the unincorporated portion of the county, be and the same is hereby further amended as follows:

PART I.

By deleting Section 26 of1956 Ga. Laws, p. 3332, et seq., as amended (codified as Section 1111, in Appendix B of the Code ofDeKalb County, Part A. General Provisions) in its entirety and substituting in lieu thereofthe following:

Sec. 1111. Definitions.

For purposes of this act [division] the term "street" or "streets" means, relates to, and includes, streets, avenues, boulevards, roads, highways, expressways, lanes, alleys and other ways and also means, relates to and includes right-of-way and facilities ofor needed in connection with a system of public transportation of passengers for hire; "subdivision" means any division or redivision of a lot, tract or parcel, regardless of its existing and future use, into two (2) or more lots, tracts or parcels. Where appropriate to

GEORGIA LAWS 2004 SESSION

4671

context, subdivision may also be used to reference the aggregate of all lots held in common ownership at the time of division.

PART II.

By deleting Section 3 of 1956 Ga. Laws, p. 3332, et seq., as amended (codified as Section 1118, subsection (4), in Appendix B of the Code of DeKalb County, Part B. Planning Commission) in its entirety and substituting in lieu thereof the following:

Sec. 1118. Principal powers and duties.

(4) Review and/or recommend for adoption to the appropriate governing authority an official map (other than a plat or plats) showing the exact location of the boundary lines of existing, extended, widened or narrowed streets, public open spaces or public building sites, together with regulations to control the erection of buildings or other structures within such lines, within its political jurisdiction or a specified portion thereof.

PART Ill
By deleting Section 15 of1956 Ga. Laws, p. 3332, et seq., as amended (codified as Section 113 7, in Appendix B ofthe Code ofDeKalb County, Part D. Subdivision Regulations) in its entirety and substituting in lieu thereofthe following:
Sec. 1137. Platting Authority.
Upon the adoption of a comprehensive plan or at least the major street portion of such comprehensive plan, and the adoption of regulations for the subdivision of land within the county, which regulations shall have been adopted by the governing authority of the county as provided in section 16 [ 1138] below, then no final plat of a subdivision within the unincorporated portion of the county shall be filed or recorded in the office of the clerk of superior court ofDeKalb County until it has been approved by the governing authority. The governing authority of commissioners hereby designates the chief executive officer as the officer of the governing authority who shall approve such final plats on behalf of the governing authority without submission of the final plat to the full governing body for consideration and, further, hereby directs the chief executive officer to reflect such approval when and if granted, in writing on the final plat.

4672

COUNTY HOME RULE ORDINANCES

PART IV.

By deleting Section 16 of1956 Ga. Laws, p. 3332, et seq., as amended (codified as Section 1138, in Appendix B ofthe Code ofDeKalb County, Part D. Subdivision Regulations) in its entirety and substituting in lieu thereofthe following:

Sec. 1138. Regulations authorized.

(a) In exercising the powers granted by this act (division), the chiefexecutive officer, or the county planning commission, may recommend to the governing authority of the county adoption of regulations governing the subdivision of!and within the unincorporated portion ofthe county. Such regulations may provide for the harmonious development of the county; for the coordination of streets within subdivisions with other existing or planned streets or official map streets; for the size of blocks and lots; for the dedication or reservation ofland for streets, school sites and recreation areas and of easements for utilities and other public services and facilities; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, prosperity or general welfare.

(b) Such regulations may include requirements as to the extent to which and the manner in which streets shall be graded, surfaced and improved, and water, sewers, septic tanks and other utility mains, piping, connections or other facilities shall be installed as a condition precedent to the approval of the final plat.

(c) Except for maintenance bonds, the governing authority ofthe county shall not accept a bond in lieu of the completion ofsuch work, construction and installation of such improvements and utilities previous to the final approval of a plat. The actual construction and installation of such improvements and utilities shall be completed prior to the final approval of a plat.

(d) The governing authority of the county is hereby given the power to adopt and to amend such land subdivision regulations after a public hearing thereon, at least three (3) weeks' notice of time and place of which shall have been published in the newspaper wherein the sheriffs advertisements of DeKalb County are published.

GEORGIA LAWS 2004 SESSION

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PARTV.

By deleting Section 17 of1956 Ga. Laws, p. 3332, et seq., as amended (codified as Section 1139, in Appendix B ofthe Code ofDeKalb County, Part D. Subdivision Regulations) in its entirety and substituting in lieu thereofthe following:

Sec. 1139. Procedure for sketch plats.

(a) The county planning commission is hereby given the authority to approve or disapprove a sketch plat, following review by the development and planning departments. The ground(s) for disapproval of any sketch plat shall be contained in a written dated decision by the planning commission to the applicant.

(b) Any sketch plat submitted to the county shall contain the name and address of a person to whom notice of a public hearing on the proposed sketch plat may be sent; and the county planning commission shall not act upon any plat without providing the applicant with notice of the public hearing. The planning director shall send notice of the time and place of the hearing by registered or certified mail to said address not less than five (5) days before the meeting date fixed therefor. The applicant may waive this notification requirement.

(c) At the first public hearing at which the sketch plat appears before the planning commission, the applicant and members of the public shall be allowed to submit written comments to the planning commission that support or oppose approval of the sketch plat. At the initial public hearing, the applicant and members of the public shall be allowed to submit written comments to the planning commission that support or oppose the sketch plat. The planning commission shall allow a maximum of ten minutes of oral comments to be shared between persons who support the approval of the plat and those opposed. Each side shall be allowed a maximum of five minutes.

(d) Any person or entity (i.e., an owner, applicant, adjoining neighbor or a neighbor whose property line is within one thousand five hundred (I ,500) feet ofthe nearest property line ofthe proposed subdivision) aggrieved by a denial or approval of a sketch plat, may appeal by filing a petition for writ of certiorari to the superior court of DeKalb County.

4674

COUNTY HOME RULE ORDINANCES

PART VI.

By deleting Section 18 of1956 Ga. Laws, p. 3332,et seq., as amended (codified as Section 1140, in Appendix B ofthe Code ofDeKalb County, Part D. Subdivision Regulations) in its entirety and substituting in lieu thereofthe following:

Sec. 1140. Effect of plat acceptance on status of dedications.

The approval or acceptance of a plat by the county's chief executive officer or the county planning commission shall not be deemed to constitute or effect an acceptance by the county or the municipality or the public of the dedication of any street or other ground shown upon the plat.

PART VII.

By deleting Section 24 of1956 Ga. Laws, p. 3332, et seq., as amended (codified as Section 1149, in Appendix B of the Code ofDeKalb County, Part E. Official Map) in its entirety and substituting in lieu thereof the following:
Sec. 1149. Establishment of proposed boundary lines of streets, public building sites or public open spaces.

Upon the adoption of a comprehensive plan, the chiefexecutive officer shall have made and certified to the governing authority of the county a final plat or plats on which are indicated the locations of the lines recommended by the chief executive officer as the mapped boundary lines of future streets, street extensions or street widenings, street narrowings, public building sites, public park, playground or other public open space areas or of existing sites or areas that are to be expanded or contracted. Thereafter, the governing authority of the county by resolution may from time to time make additions to or modifications of the official map by adding thereon the plats, as certified by chiefexecutive officer. Before taking such action, the governing authority of the county shall hold a public hearing thereon, at least three (3) week's notice of the time and place of which shall be published in the newspaper wherein the sheriffs advertisements of DeKalb County are published.
PART VIII.

All laws or parts of laws in conflict with this Ordinance are hereby repealed.

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4675

PART IX.

Should any part, portion or paragraph of this Ordinance be declared unconstitutional or void by a court ofcompetent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted.

PART X.

This Ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular consecutive meetings of the Board, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ ofDeKalb County once a week for three (3) weeks within a period ofsixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment or repeal is on file in the office of the Clerk of the Superior Court of DeKalb County for the purposes of examination and inspection by the public.

PART XI.

This Ordinance shall be first presented to the Board ofCommissioners ofDeKalb County, Georgia on the 23rd day of March 2004, and again on the 13th day of April 2004, at the regular time and place of the meeting of the DeKalb County Board of Commissioners.

PART XII.

A synopsis of this Ordinance shall be published in the official organ of DeKalb County once a week for three weeks, preferably on the 22nd day of January, 2004, the 19th day of February, 2004, and on the 4th day of March, 2004, and a copy of this Ordinance shall be filed with the Clerk ofthe Superior Court ofDeKalb County for the purpose of examination and inspection of the public, along with sufficient copies of the same for distribution to those members of the public who desire the same.

PART XIII.

The provisions of this Ordinance are effective upon the filing with the Georgia Secretary of State, a copy of this Ordinance, together with a copy of the required notice of publication and an affidavit of a duly authorized representative of the newspaper in which said notice was published to the effect that said notice has been published.

4676

COUNTY HOME RULE ORDINANCES

ADOPTED by the Board of Commissioners of DeKalb County, Georgia, on March 23, 2004, and again on Aprill3, 2004.

s/ BURRELL ELLIS BURRELL ELLIS Presiding Officer Board of Commissioners DeKalb County, Georgia

APPROVED by the Chief Executive Officer ofDeKalb County, Georgia, this 13th day of April, 2004.

s/ VERNON JONES VERNON JONES Chief Executive Officer DeKalb County, Georgia

ATTEST:

APPROVED AS TO FORM:

s/ MICHAEL J. BELL MICHAEL J. BELL Ex-Officio Clerk to the Board of Commissioners and the Chief Executive Officer DeKalb County, Georgia

s/ CHARLES G. HICKS CHARLES G. HICKS County Attorney DeKalb County, Georgia

APPROVED AS TO SUBSTANCE:
s/ RAYMOND R. WHITE RAYMOND R. WHITE Director, Planning Department DeKalb County, Georgia

APPROVED AS TO SUBSTANCE: s/ WAYNE L. JONES WAYNE L. JONES Director, Development Department DeKalb County, Georgia

STATE OF GEORGIA COUNTY OF DEKALB

I, MICHAEL J. BELL, the duly authorized Ex-Officio Clerk of the Board of Commissioners of DeKalb County and the Chief Executive Officer of DeKalb County, Georgia, do hereby certify that the attached instrument is a true and correct copy of the Ordinance adopted by said Board of Commissioners at two regular, consecutive meetings held on March 23, 2004, and April 13, 2004.

GEORGIA LAWS 2004 SESSION

4677

Sworn to and subscribed before me this 20th day of April, 2004.

s/ MICHAEL J. BELL MICHAEL J. BELL, Ex-Officio Clerk of the Board of Commissioners and the Chief Executive Officer of DeKalb County, Georgia

sl BARBARA H. SANDERS Notary Public, Gwinnett County, Georgia My Commission Expires April 20, 2004

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of

Zoning Matter

Home Rule Ordinance

was published in said newspaper on the following date(s):

2/19/04, 2/26/04 and 3/4/04

s/ CAROLYN JERNIGAN-GLENN Carolyn J. Glenn, Publisher

Sworn to and subscribed before me this 16th day of Aprill6, 2004

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2006

4678

COUNTY HOME RULE ORDINANCES

LEGAL NOTICE Manuel J. Maloof Center
1300 Commerce Drive, Suite 400
Decatur, GA 30030-3221 February 12, 2003

Notice is hereby given by the DeKalb County Board of Commissioners that hearings on the following Amendments to Chapter 14 of the Code of DeKalb County will be heard by the DeKalb County Planning Commission and the DeKalb County Board of Commissioners in the Auditorium of the Maloof Center, 1300 Commerce Drive, Decatur, Georgia, on the following dates:

Planning Commission at 8:30p.m.
on March 10, 2004 Board of Commissioners
at 10:00 a.m. of April 13, 2004

Intent ofthe Board ofCommissioners to adopt a Home Rule Ordinance amending an act ofthe General Assembly of 1956, approved March 9, 1956, found in Georgia Laws 1956, Page 3332, et seq., as amended, so as to provide for clarification ofplat review approved by the DeKalb County Planning Commission and the Governing Authority. A copy of the proposed Home Rule Ordinance is available for inspection in the Office of the Clerk of Superior Court, Room 207. The Courthouse, 558 North McDonough Street, Decatur, Georgia 30030, Monday through Friday, between the hours of8:30 a.m. and 5:00p.m.

Filed in the Office of the Secretary of State April 30, 2004.

HOME RULE ORDINANCES
OF MUNICIPAL CORPORATIONS

GEORGIA LAWS 2004 SESSION

4681

CITY OF MACON- GENERAL EMPLOYEES' PENSION PLAN; ADD CITY ATTORNEY; FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM; COST OF LIVING INCREASE.

COMMITTEE SUBSTITUTE

SPONSOR: COUNCIL MEMBER JIM LEE
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF
MACON, GEORGIA, TO AMEND THE CITY CHARTER TO INCLUDE THE CITY ATTORNEY IN THE GENERAL EMPLOYEES' PENSION PLAN; AND FOR OTHER PURPOSES.

WHEREAS, the governing authority of each municipality is authorized to provide pension benefits for its employees and to amend the municipal charter to accomplish the same by home rule. Municipal Home Rule Act of 1965 (OCGA 3-35-1 et seq.); and
WHEREAS, according to the City of Macon pension plans, which are set forth in Appendix II and III of the City Charter, all full-time, non-elected, permanent city employees, except the City Attorney, are eligible to participate; and
WHEREAS, the Mayor and Council wish to amend the City Charter to include the City Attorney among all other full-time, non-elected, permanent city employees who are eligible to participate in the Macon Pensions and Retirement Systems (General Employees' Pension Plan).
BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia, and it is hereby so ordained by the authority of the same:

Section 1. Article II of Division A of Appendix II of the City of Macon Charter as set out in 1977 Ga. Laws 3776 (Act No. 507), and as amended by local acts of the General Assembly and by Home Rule, relating to eligibility and participation in the Macon Pensions and Retirement Systems, is hereby amended by deleting Section 2.3 of said Article in its entirety and inserting in lieu thereof a new Section 2.3 to read as follows:

"Sec. 2.3. Exclusions. The following persons are excluded from participation in the plan unless
specifically included by action of mayor and council: a. Officers and employees of the Medical Center of Central Georgia, Macon-Bibb
County Hospital Authority, Macon-Bibb County Water and Sewerage Authority, Macon-Bibb County Board of Health, and any and all other boards and authorities oflike kind and character acting as quasi-entities apart from the City of Macon but exercising some municipal function; provided however, this

4682

MUNICIPAL HOME RULE ORDINANCES

exclusion section shall not apply to employees of the Planning and Zoning Commission; b. The mayor, city council members, and judge of municipal court; c. Sworn officers of the fire and police departments; d. Management interns; and e. Any employees who are not classified as full-time and permanent. The above exclusions notwithstanding, once a participant has attained eligibility, he or she shall remain eligible so long as full-time employment with the city is maintained."

Section 2. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any ofthe remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

Section 3. In accordance with Sec. 1-4(c) of the Code of Ordinances of the City of Macon, Georgia, it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of Ordinances of the City of Macon, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.

Section 4. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

Section 5. The City Attorney holding office on the date this Ordinance is adopted shall be eligible for participation in the Macon Pensions and Retirement Systems effective December 16, 2003.

First Adoption:

SO ORDAINED this 19th day of February, 2003.

s/ ANITA J. PONDER President, City Council

SO ADOPTED this 20th day of February, 2003.

s/ C. JACK ELLIS Mayor

GEORGIA LAWS 2004 SESSION

4683

Second Adoption:

SO ORDAINED this 4th day of March, 2003.

s/ ANITA J. PONDER President, City Council

SO ADOPTED this 5th day of March, 2003.

s/ C. JACK ELLIS Mayor

City of Macon, Ga. I do hereby certifY that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 2-18-2003. Witness my hand and seal of the City ofMacon this 2-19-2003.

s/ JOYCE R. GRAY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE February 19, 2003

RETURNED FROM MAYOR'S OFFICE February 20, 2003 10:50 am

City of Macon, Ga. I do hereby certifY that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 3-4-2003. Witness my hand and seal of the City of Macon this 3-5-2003.

s/ DOROTHY H. TUGGLE Asst. Clerk of Council

SUBMITTED TO MAYOR'S OFFICE March 5, 2003

RETURNED FROM MAYOR'S OFFICE March 5, 2003

4684

MUNICIPAL HOME RULE ORDINANCES

I, John Pattan, Acting City Clerk of the City of Macon, do hereby certify that the attached copy of the resolution ofthe Mayor and City Council of the City ofMacon to amend Article IV, Section (6) of Appendix III of the Charter of the City of Macon, relating to the fire and policy employees' retirement system, so as to provide for an annuall.5% cost of living increase, is a true and correct copy of the original on file in the City Clerk's Office, City Hall, Macon, Georgia.

Date: March 28,2003

s/ JOHN PATTAN John Pattan Acting City Clerk

COMMITTEE AMENDMENT

SPONSORS: BRENDA YOUMAS AND CHARLES JONES

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND ARTICLE IV, SECTION (6) OF APPENDIX III OF THE CHARTER OF THE CITY OF MACON, RELATING TO THE FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM, SO AS TO PROVIDE FORAN ANNUAL 1.5% COST OF LIVING INCREASE; AND FOR OTHER PURPOSES.

Section l. BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia, and it is hereby so ordained by the authority of the same that Article IV, Subsection (6) of Appendix III of the Charter of the City of Macon, relating to the Fire and Police Employees Retirement System ( 1969 Ga. Laws, page 280 1) is amended pursuant to the authority granted the City of Macon under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1, et seq., and the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et. seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.) by deleting the existing Subsection (6) in its entirety and inserting in lieu thereof a new Subsection (6), so as to increase the annual cost-of-living adjustment, to read as follows:

"(6) Cost of Living Adjustment. Beginning [sixty (60) days immediately following the effective date of this
ordinance] and each January 1 thereafter, all retired employees and beneficiaries
thereof eligible to receive a monthly retirement payment shall receive an annual
cost of living adjustment increase of 1.5% of their monthly retirement benefit, except that no such increase shall be effective as to any year for which such increase is disapproved by the governing body of the City of Macon, based on the. financial soundness of the plan. The monthly retirement payment shall be adjusted by multiplying the amount of the monthly payment by 1.5%. This ordinance shall

GEORGIA LAWS 2004 SESSION

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also apply to all employees who retired prior to [the effective date of this ordinance]."

All other ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed.

SO ORDAINED this 19th day of February, 2003.

s/ ANITA J. PONDER President, City Council

SO ADOPTED this 20th day of February, 2003.

s/ C. JACK ELLIS Mayor

City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 2-18-2003. Witness my hand and seal of the City of Macon this 2-19-2003.

s/ JOYCE R. GRAY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE February 19, 2003

RETURNED FROM MAYOR'S OFFICE February 20, 2003 10:50 am

SO ORDAINED this 4th day of March, 2003.

s/ ANITA J. PONDER President, City Council

SO ADOPTED this 5th day of March, 2003.

s/ C. JACK ELLIS Mayor

4686

MUNICIPAL HOME RULE ORDINANCES

City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon,
held 3-4-2003. Witness my hand and seal of the City of Macon this
3-5-2003.

s/ DOROTHY H. TUGGLE Asst. Clerk of Council

SUBMITTED TO MAYOR'S OFFICE March 5, 2003

RETURNED FROM MAYOR'S OFFICE March 5, 2003 2:20

I, John Pattan, Acting City Clerk of the City of Macon, do hereby certify that the attached copy of the resolution of the Mayor and City Council of the City ofMacon to amend the city charter to include the city attorney in the general employees' pension plan is a true and correct copy of the original on file in the City Clerk's Office, City Hall, Macon, Georgia.

Date: March 27, 2003

sf JOHN PATTAN John Pattan Acting City Clerk

STATE OF GEORGIA COUNTY OF BIBB
Personally appeared before me, a notary public within and for above state and
county, Meschael Fields, who deposes and says she is the classified/legal supervisor
for The Macon Telegraph and is duly authorized by the publisher thereof to make
this affidavit, and that advertisement as follows has been published in The Macon Telegraph on the following dates:

02/08/2003 02/15/2003 02/17/2003
1406329 #GEORGIA, BIBB COUNTY PUBLIC NOTICE- The City ofMacon proposes to amend Article VI, Section (6) of Appendix III, of the City Charter of the City of Macon, relating to the Fire and Police Retirement System, so as to
provide for an annual 1.5% Cost of Living Increase; and to amend Article U,
Division A, Section 2.3 of Appendix II of the City Charter, relating to the Macon Pensions and Retirement Systems, so as to include the City Attorney in the General Employees Pension Plan. The proposed Charter amendments are available for

GEORGIA LAWS 2004 SESSION

4687

public inspection in the Office of the City Clerk, City of Macon, City Hall, 700 Poplar Street, and the Office ofthe Superior Court Clerk, Bibb County Courthouse, Mulberry Street, Macon, Georgia. #1406329: 2/8, 15, 17

SIGNED s/ MESCHAEL FIELDS

Sworn to and subscribed before me this 17 day of FEBRUARY 2003.

s/ Deborah D. Gilleland Notary Public (SEAL)

PUBLIC NOTICE

The City of Macon proposes to amend Article VI, Section (6) of Appendix III, of the City Charter of the City of Macon, relating to the Fire and Police Retirement System, so as to provide for an annual 1.5% Cost of Living Increase; and to amend Article II, Division A, Section 2.3 ofAppendix II ofthe City Charter, relating to the Macon Pensions and Retirement Systems, so as to include the City Attorney in the General Employees Pension Plan. The proposed Charter amendments are available for public inspection in the Office of the City Clerk, City of Macon, City Hall, 700 Poplar Street, and the Office of the Superior Court Clerk, Bibb County Courthouse, Mulberry Street, Macon, Georgia.

Filed in the Office of the Secretary of State May 12, 2003.

CITY OF GAINESVILLE-WARDS; REAPPORTIONMENT PROCEDURES.

Filed in Clerk's Office 3119/03

First Reading 04/15/03

Published

03/23/03

Published

03/30/03

Published

04/06/03

Passed

05/06/03

AN ORDINANCE

No. HR-2003-01

AN ORDINANCE TO AMEND CHAPTER6 ENTITLED "ELECTIONS" OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA, AS AUTHORIZED BY THE OFFICIAL CODE OF GEORGIA 36-35-3; BY AMENDING SECTION 6.13(e) TO PROVIDE FOR REAPPORTIONMENT

4688

MUNICIPAL HOME RULE ORDINANCES

OF BOUNDARY LINES OF WARDS AS AUTHORIZED BY OFFICIAL CODE OF GEORGIA 36-35-4.1., AS AMENDED; TO REPEAL CONFLICTINGORDINANCES;TOPROVIDEFORSEVERABILITY;TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GAINESVILLE, GEORGIA AS FOLLOWS:

SECTION I.

Section 6.13(e) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows:

Section 6.13. Wards. (e) The council of the City of Gainesville shall review the boundaries ofthe wards established by this section following each United States Decennial Census. Within a reasonable time after each such census, the council shall make recommendations to the members of the General Assembly of Georgia whose senatorial or representative districts lie wholly or partly within the corporate limits of the City of Gainesville regarding any changes in the boundary lines of such wards as may be necessary to maintain, as near as practicable, equal population for each of said wards, or reapportion the boundary lines of such wards as authorized by O.C.G.A. 36-36-4.1., as amended.

SECTION II. The passage of this Ordinance is authorized by the Official Code of Georgia
Annotated 36-35-3.

SECTION III. All Ordinances and parts of Ordinances in conflict herewith are hereby
repealed.

SECTION IV. If any portion of this Ordinance shall be held to be invalid or unconstitutional.
such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional.

SECTIONV. This Ordinance is enacted as an amendment to the 1979 Charter Laws oftbe
City of Gainesville, Georgia.

GEORGIA LAWS 2004 SESSION

4689

SECTION VI. The effective date ofthis Ordinance shall be upon approval by the City Council
of the City of Gainesville.

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF HALL.

Before me, the undersigned, a Notary Public, this day came April 8, 2003, who, being first duly sworn, according to law, says that she is an agent ofThe Times, the official newspaper in which the Sheriffs advertisements in and for the City of Gainesville and the County of Hall are published, and a newspaper of general circulation, with its principal place ofbusiness in said County, and that the attached copy of the notice that the Charter Laws of the City of Gainesville, Georgia are to be amended as provided in Exhibit "A", attached hereto and by reference made a part hereof, was published once a week for three (3) weeks on the following days:
March 23, 2003 March 30, 2003
April 6, 2003

THE TIMES BY: s/ NORMA CHANDLER TITLE: Legal Representative

Sworn to and subscribed before me this 8th day of April, 2003.

s/ DONNA A. CALLAHAN Notary Public My Commission Expires: August 9, 2005 (SEAL)

CITY OF GAINESVILLE, CLERK'S OFFICE FOR PUBLICATION ON SUNDAY 23, 2003 SUNDAY, MARCH 30,2003 -SUNDAY, APRIL 6, 2003

Home Rule Ordinance 2003-01

AN ORDINANCE TO AMEND CHAPTER 6 ENTITLED "ELECTIONS" OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA, AS AUTHORIZED BY THE OFFICIAL CODE OF GEORGIA 36-35-3; BY AMENDING SECTION 6.13(e) TO PROVIDE FOR REAPPORTIONMENT OF BOUNDARY LINES OF WARDS AS AUTHORIZED BY OFFICIAL CODE OF

4690

MUNICIPAL HOME RULE ORDINANCES

GEORGIA 36-35-4.1, AS AMENDED; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

A copy of the proposed ordinance is available for review in the offices of the Gainesville City Clerk and the Hall County Clerk of Superior Court.

Filed in the Office of the Secretary of State May 14, 2003.

CITY OF EAST POINT-CITY COUNCIL; MEETINGS.
AN ORDINANCE
STATE OF GEORGIA COUNTY OF FULTON
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAST POINT, GEORGIA PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 TO CHANGE THE CHARTER OF THE CITY TO PROVIDE THAT REGULAR MEETING OF THE CITY COUNCIL OF EAST POINT SHALL BE HELD IN THE CITY AUDITORIUM IN SAID CITY AT 6:30P.M.; TO REMOVE THE JANUARY ORGANIZING MEETING, PROVIDE FOR COMPLIANCE WITH THE HOME RULE ACT OF 1965, TO PROVIDE FOR ENROLLMENT, TO PROVIDE FOR AN EFFECTIVE DATE, TO REPEAL CONFLICTING ORDINANCES, AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EAST POINT, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME THAT:
An Act establishing a new Charter for the City of East Point approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) as amended, is hereby further amended pursuant to Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), as follows:
Section l. Delete in its entirety Charter Section 2-108. Organizing Meeting.
Section 2. Delete in its entirety Charter Section 2-112 and insert in lieu thereof the following:
"Regular meetings of the city council of East Point shall be held in the East Point city auditorium in said city, at 6:30p.m. on the first and third Monday in each month, or at such other time and place within said city as the city council shail fix by ordinance.'

GEORGIA LAWS 2004 SESSION

4691

Section 3. The City Clerk of East Point, Georgia, is hereby authorized to publish a notice containing a synopsis of this proposed Ordinance in the official organ of Fulton County, Georgia, and in the official newspaper ofthe City ofEast Point once a week for three weeks within a period of sixty days immediately preceding the final adoption of this Ordinance. Said City Clerk shall further file a copy of this proposed Ordinance in the office of said clerk and in the office of the clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public. Said City Clerk is further directed to furnish anyone upon written request a copy ofthis proposed ordinance. Upon adoption ofthis Ordinance by the City Council, the City Clerk is instructed within thirty days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Georgia Laws thereafter.

Section 4. This ordinance shall become effective upon its second adoption and approval by the Mayor.

Section 5. All ordinances in conflict herewith are hereby repealed.

Section 6. Severability. In the event any section, subsection, sentence, clause or phrase of this Ordinance shall be declared invalid or unconstitutional, such adjudication shall in no manner effect the previously existing provisions of the other sections, subsections, sentences, clauses or phrases of this Ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clauses or phrases so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The City Council hereby declares that it would have passed the remaining parts of this Ordinance or retained the previously existing provisions if it had known that such part or parts hereofwould be declared or adjudicated invalid or unconstitutional.

First Adoption 4f21f03 Second Adoption 5f8f03

APPROVED by the Mayor this 5th Day of May, 2003.

ATTEST:

sf PATSY JO HILLIARD PATSY JO HILLIARD, MAYOR

sf BRENDA B. JAMES CITY CLERK

03712.032103

4692

MUNICIPAL HOME RULE ORDINANCES

May 12,2003

TO WHOM IT MAY CONCERN:

I, Brenda B. James, City Clerk for the City of East Point, Georgia, do hereby certify that I am the keeper of the seal, minutes and records of said city; that the attached is a true, correct and exact copy of the Ordinances in the City Clerk's Office in the city of East Point, Georgia.

I. Copy of City Ordinance #021-03 to Change Sections 2-108 and 2-112 of the Municipal Charter of the City of East Point.

IN WITNESS WHEREOF I have hereunto affixed my official signature and the corporate seal of said city this 12th day of May 2003.

s/ BRENDA B. JAMES Brenda B. James, City Clerk City Seal

AFFIDAVIT OF PUBLICATION

I, Wade W. Stephens do solemnly swear that I am Advertising Director of the
Marietta Daily Journal, Cherokee Tribune, and Neighbor Newspapers, printed and
published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of East Point, for "Notice of Home Rule Ordinance" was inserted in the South Fulton Neighbor Newspaper on April 16th, April23rd, and April 30th 2003.

s/ WADE W. STEPHENS

Subscribed and sworn to before this 14th day of May 2003.

s/ JULIE F. DAVIS Notary Public, Cobb County, Georgia My Commission Expires August 20, 2004.

NOTICE OF HOME RULE ORDINANCE
As its regularly scheduled meeting on April 21, 2003 at 7:30 p.m. at 2777 E~t
Point Street, East Point, Georgia, the City Council of the City of East Point wtll consider for adoption an Ordinance to amend the City Charter. The second an.d
final reading of the Ordinance will be held on May 5, 2003 at 7:30p.m. A synopsts of the Ordinance is as follows:

GEORGIA LAWS 2004 SESSION

4693

ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAST POINT, GEORGIA PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 TO CHANGE THE CHARTER OF THE CITY TO PROVIDE THAT REGULAR MEETINGS OF THE CITY COUNCIL OF EAST POINT SHALL BE HELD IN THE CITY AUDITORIUM IN SAID CITY AT 6:30P.M.; TO REMOVE THE JANUARY ORGANIZING MEETING, TO PROVIDE FOR COMPLIANCE WITH THE HOME RULE ACT OF 1965; TO PROVIDE FOR ENROLLMENT; TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

A copy of the proposed ordinance is on file and available for inspection in the office of the City Clerk and the office of the Clerk of Superior Court, Fulton County.

Brenda James City Clerk City of East Point 2777 East Point Street East Point, GA 30344

David Jean Couch City Attorney City of East Point 2860 Church Street East Point, Ga 30344

Personally appeared before the undersigned notary public, Brenda B. James, Clerk of the City of East Point, and after being duly sworn deposes and states under oath as follows: I am the City Clerk of the City of East Point, Georgia, and pursuant to my responsibilities as City Clerk and in compliance with the Municipal Home Rule Act of 1965, hereby certify that with respect to that Municipal Home Rule Ordinance adopted June 5, 1995, I have in proper and timely fashion transmitted a copy ofthe said ordinance and the publication notice for filing with the Clerk of the Superior Court ofFulton County, Georgia, for its inspection by the public, together with maintaining a copy of said ordinance in the office of the Clerk of the City of East Point for inspection by the public, together with providing for publication of the legal notice, a copy of with is attached hereto, and is further evidenced by an affidavit of the publishers.

Furthermore, in execution of the Affidavit, I am transmitting herewith a certified copy of the ordinance as adopted by the Mayor and Council of the City of East Point to the Secretary of State of Georgia for enrollment in Georgia Laws as provided in the Municipal Home Rule Act of 1965 as amended.

4694

MUNICIPAL HOME RULE ORDINANCES

This 19th Day of May, 2003.

s/ BRENDA B. JAMES Brenda B. James, City Clerk

Sworn to and subscribed before me this 19th day of May, 2003.

s/ BOBBIE JONES Notary Public Henry County Georgia My Commission Expires June 24, 2006

Filed in the Office of the Secretary of State May 23, 2003.

CITY OF WARNER ROBINS - CITY COUNCIL; ELECTION DISTRICTS.
No. 22-03 CITY OF WARNER ROBINS STATE OF GEORGIA
ORDINANCE
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF WARNER ROBINS, GEORGIA, AMENDING THE CITY CHARTER TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH CERTAIN CITY COUNCIL MEMBERS ARE ELECTED, AND FOR OTHER PURPOSES.
WHEREAS, the Official Code of Georgia Annotated 36-35-4.1 authorizes the governing authority of city governments to reapportion election districts after a United States decennial census under the provisions of Georgia's "home rule" statute, O.C.G.A. 36-35-3; and
WHEREAS, city council posts 3, 4, 5 and 6 are elected from single-member districts as set forth in Warner Robins city charter (Ga. L. 1978, p. 3081, as amended) section 3-1 02(c)( 1), which section must be amended to comply with the one person-one vote requirement of the United States Constitution and other applicable laws; and
WHEREAS, notice of this proposed amendment was duly advertised in ~ Houston Home Journal, the official organ of Houston County, Georgia, and~ Telegraph, a newspaper of general circulation in Warner Robins, as required by the said state law.

GEORGIA LAWS 2004 SESSION

4695

NOW, THEREFORE, BE IT ORDAINED that the Mayor and Council of the City of Warner Robins hereby amend the city charter as follows:

-1-

Section 3-1 02(c)( 1) shall be deleted in its entirety and the following inserted in lieu thereof:

"(c) Council District 3: Houston County
Tract: 209 BG:2 BG: 3
300130023003300430053006300730083009301030113012 3013 3014 3015 3016 BG:4 400340094010401140124013401440194021402240234024 4025 4026 4027 Tract: 210 BG: 1 BG: 5 5000 5001 5002 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5027 5028 5029 5030 5031 5032 Tract: 211.05 BG: 1 1009 1012 1013 1014 1015 1019 1023 1026 1027 1028 1029 1031 1032 1033 1034 1035 1036 1998 1999 BG: 2 2001 2046 2047 2048 2049 2050 Tract: 211.06 BG: 1 1003 1004 1005 1010 1012 1013 1014 1017 1019 1022 1023 1026 BG:2 2121 2125 2126 2132 2135 2138 2140 2141 2144 2147 2148 Tract: 211.07 BG: 1 100810091010101110121013 10141015 10161017 10181021 1022 1028 1029 1043 BG:2 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2024 2026 2027 2028 2029 2030 203120322033202420352036203720412042204920522053 2054 2998 2999

4696

MUNICIPAL HOME RULE ORDINANCES

Tract: 212 BG: 1
1001 1003 1007 1009 1016 1019 1024 1025 1026 1028 1030 1034

Council District 4: Houston County
Tract: 201.01 BG: 2
2088 BG:4
4038 4040 4041 4048 4053 4056 4057 4059 4060 4062 4063 Tract: 202 BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 20 I 0 BG: 3
3000 300 I 3002 3005 3006 3008 3009 3010 3011 3012 3013 3014 3015 BG:4 4000 4034 4039 4040 4041 4044 4049 4050 4051 4052 Tract: 209 BG:4 4004 4005 4006 4007 4008 4015 4016 4017 4018 4020 Tract: 210 BG: 2 BG: 3 3000 30013002 3003 3006 3007 3010 30113012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 BG:4 BG: 5 5003 5004 5005 5026 Tract: 211.04 BG: 1 1000 1001 1002 1003 1004 1005 1007 1010 1011 1012 1013 1014 1017 1021 1022 1023 1025 1026 1031 1032 1033 1040 1046 1047 1048 1049 1050 1051 1059 1060 1061 1064 1065 BG:2 2000 2003 2004 2008 2009 2010 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2025 2026 2030 2031 2032 2033 2034 2035 2037 2038 2041 2042 2048 2049 2050 2051 2052 2053 205420552056205820592065206620672068207020712072 2074 2075 2076 2077 2081 2082 2085 2086 2087 2088 2091 2092 2093 2094 2096 2097 2098 2099 2100 2102 2103 Tract: 211.05 BG: 1

GEORGIA LAWS 2004 SESSION

4697

1020 BG: 2
2003 2004 2005 2009 2010 2011 2012 2015 2016 2017 2018 2019 2023 2025 2026 2027 2032 2033 2035 2037 2038 2041 2054 2055 2057 2059 Tract: 211.06 BG: 2 2005 2007 2009 2010 20112014 2015 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2037 2038 2040 2047 2048 2049 2050 2051 2054 2055 2103 2104 2107 2108 2110 2111 2112 2113 2115 2116 2117

Peach County Tract: 401 BG: 1 1043 1047 BG: 3 3008 3009 3010 3011 3013 3014 3015 3018 3028 3031

Council District 5: Houston County
Tract: 201.02 BG: 2
2024 2026 2027 2028 2029 2031 2032 2033 2035 2036 2038 BG: 3
3000 Tract: 203 BG: 1
1002 1003 1005 1007 1008 1009 1010 lOll 1012 1013 1014 1015 1016 1017 1018 BG: 2 BG: 3 BG:4 4000 400 I 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 401240134014401540164017401840194020402140224023 BG: 5 5004 5008 5009 5010 5012 5016 5017 5018 5021 5022 5023 5024 5025 5026 5027 Tract: 204 BG: 1 1001 10021003 10041005 100610071008 100910101011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032

4698

MUNICIPAL HOME RULE ORDINANCES

BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 30 10 3011 3012 3013 3014 3015 3017 3018 3019 3020
BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 401240134014401540164017401840194020402140224023 4024 4025 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4038 4039 4040 4041
Tract: 206 BG: 1
1017 Tract: 207 BG: 1
1001 1002 1003 1004 1005 1006 1007 1008 BG:2
200120022003200420082009201320142016201820202023 2025 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 30 10 3011 3012 3013 3014 3015 3017 3018 3019 3020 BG:4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 Tract: 208 BG: 1 1000 1001 1008 1009 1010 lOll BG:2 2000 2001 2002 2003 2004 2008 2009 2010 2011 2012 Tract: 211.03 BG: 1 1003 1004 1008 BG: 2 2000 2013 2014 2015 Tract: 211.05 BG: 1 1001 1002 1003 1004 1005 1007 1008 1010 1041 1042 Tract: 211.07 BG: 2 2000 2044 2045 2046

Council District 6: Houston County
Tract: 201.01 BG: 1
1003 1004 1005 1006 1007 1008 1009 1010

GEORGIA LAWS 2004 SESSION

4699

Tract: 201.02 BG: 3
3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3015 3016 3017 3018 3019 3020 BG:4 400240034004400540064007400840094010401140124013 401440154016401740184019402040214022402340244025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 Tract: 202 BG: 1 Tract: 203 BG:4 4024 4025 4026 4027 4028 Tract: 204 BG: 2 BG:4 4026 Tract: 207 BG:4 4000 40 11 40 12 40 13 40 14 40 15 40 16 40 17 40 18 Tract: 208 BG: 1 1002 1003 1004 1005 1006 1007 BG:2 2005 2006 2007 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Tract: 209 BG: 1 BG: 3 3000 BG:4 4000 400 1 4002

-2If any ordinance, or part thereof, of the City of Warner Robins is in conflict herewith, this ordinance shall have preference. If any provisions of this ordinance are held invalid, such invalidity shall not affect any of the other provisions which can be given effect without the invalid provision, and, to this end, the provisions of this ordinance are declared to be severable.

BE IT FURTHER ORDAINED that this ordinance was duly adopted by the governing authority of the City on March 3, 2003 and March 17, 2003 and the amendments contained herein shall become effective upon preclearance by the

4700

MUNICIPAL HOME RULE ORDINANCES

United States Department of Justice under the provisions of the Voting Rights Act of 1965, as amended.

CITY OF WARNER ROBINS, GEORGIA

By: s/ DONALD S. WALKER DonaldS. Walker, Mayor

Attest: s/ CAROLYN ROBBINS Carolyn Robbins, City Clerk

STATE OF GEORGIA COUNTY OF BIBB

Personally appeared before me, a notary public within and for above state and county, Meschael Fields, who deposes and says she is the classified/legal supervisor for The Macon Telegraph and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as follows has been published in The Macon Telegraph on the following dates:

02/08/2003 02/15/2003 02/22/2003

1406309 #GEORGIA, HOUSTON COUNTY NOTICE- As required by Official Code ofGeorgia Annotated Sec. 36-35-3, notice is hereby given that the Mayor and Council of the City of Warner Robins will consider, during the month of March, 2003, adoption of an ordinance amending the City Charter to reapportion the election districts from which certain posts on the Warner Robins City Council are elected. Specifically, the ordinance will alter the boundaries ofCity Council district numbers 3, 4, 5 and 6 as required by law to comply with the one person-one vote requirements of the United States Constitution and other applicable laws in response to data from the 2000 United States decennial census. - Copies of the proposed ordinance, along with a map showing the revised districts, are available for examination and inspection by the public in the Office of the City Clerk of Warner Robins at City Hall, 700 Watson Boulevard, Warner Robins, Georgia, and in the office of the Clerk of the Houston Superior Court at the Houston County Courthouse, 20 I West Perry Parkway, Perry, Georgia. - Any questions should be directed to the Warner Robins City Clerk's Office at 929- I 133. # 1406309: 2/8, 15, 22
SIGNED s/ MESCHAEL FIELDS

GEORGIA LAWS 2004 SESSION

4701

Sworn to and subscribed before me this 22 day of FEBRUARY 2003

s/ DEBORAH D. GILLELAND Notary Public My Comm. Exp. Oct. 13, 2003 (SEAL)

Georgia, Houston County

Personally appeared before me this date, Daniel F. Evans, Publisher ofThe Houston Home Journal, Perry, Georgia, the Official Legal Organ of Houston County, Georgia who certifies that the Legal Notice

Notice

was published in The Houston Home Journal on the following dates:

3-Apr- 10-Apr

This lOth day of April, 2003.

s/ DANIEL F. EVANS Daniel F. Evans Publisher The Houston Home Journal Perry, GA 31069

Sworn and subscribed before me this 1Oth day of April 2003

sf CAROLINE F. LITTLE Caroline F. Little Notary Public, Houston County My Commission expires Aug. 2, 2005 (SEAL)

NOTICE State of Georgia, County of Houston
City of Warner Robins Pursuant to official code ofGeorgia code 21-2-65 notice is hereby given to voters of the City of Warner Robins, Georgia that by ordinance the Mayor and Council of the City of Warner Robins proposed new voting precincts being: District 3 - Miller Elementary School & Second Baptist Church District 4 - Houston County Annex & Houston Mall

4702

MUNICIPAL HOME RULE ORDINANCES

District 5 - WR Recreation Dept.

District 6 - Northside Senior High

*A MAP IS POSTED IN THE CITY CLERK'S OFFICE, 700 WATSON BLVD,

WARNER ROBINS, GA. FOR VIEWING AND QUESTIONS.

4-48

4/3 - 4/10

Filed in the Office of the Secretary of State May 23, 2003.

CITY OF LOVEJOY - READING REQUIREMENT; REPEAL.
STATE OF GEORGIA CITY OF LOVEJOY
ORDINANCE NO. 03-2
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF LOVEJOY, GEORGIA; TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; TO PROVIDE AN ADOPTION AND EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES.
WHEREAS, the duly elected governing authority of the City of Lovejoy, Georgia is the Mayor and Council thereof;
WHEREAS, the governing authority desires to remove the reading requirement contained in the Charter; and
WHEREAS, the amendments contained herein would benefit the health, safety, morals and welfare of the citizens of the City of Lovejoy.
BE IT AND IT IS HEREBY ORDAINED by the Mayor and Council of the City of Lovejoy, Georgia, and by the authority thereof:
Section 1. That section 2.12 of the Charter of the City of Lovejoy, Georgia is hereby stricken and reserved.
Section 2. The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set out herein.
Section 3. This Ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City ofLovejoy.
Section 4. (a) It is hereby declared to be the intention of the Mayor and Council
that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are

GEORGIA LAWS 2004 SESSION

4703

or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional.

(b) It is hereby declared to be the intention of the Mayor and council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance.

(c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgement or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, septences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.

Section 5. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.

Section 6. Penalties in effect for violations of the Code of Ordinances, City of Lovejoy, Georgia at the time ofthe effective date ofthis Ordinance shall be and are hereby made applicable to this Ordinance and shall remain in full force and effect.

Section 7. The effective date of this Ordinance shall be the date of adoption unless otherwise specified herein.

ORDAINED this 19 day ofMay, 2003.

MAYOR AND COUNCIL CITY OF LOVEJOY, GEORGIA

s/ JOE MURPHY JOE MURPHY, Mayor

ATTEST: s/ CHERYL MURPHY CHERYL MURPHY, City Clerk

4704

MUNICIPAL HOME RULE ORDINANCES

APPROVED AS TO FORM:

s/ GREG HECHT GREG K. HECHT, City Attorney

State of Georgia County of Clayton

Personally appeared before the undersigned, Lisa G. Holley, who after being first duly sworn states that he/she is the Advertising Manager of the News Daily, Official legal organ of CLAYTON COUNTY, GEORGIA, and that upon his/her own personal knowledge he/she knows that the advertisement, a true copy ofwhich is hereto annexed, was published in said newspaper of general circulation on the following dates:

April28, May 5, and May 12, 2003

s/ LISA G. HOLLEY Affiant

Sworn to and subscribed before me this 15th day of May, 2003

sf NANCY M. CROW Nancy M Crow, Notary Public My commission expires October 9, 2004 SEAL

NOTICE OF CHARTER AMENDMENT Notice is hereby given by the Mayor and Council of the City of Lovejoy that the City Council at its regular meeting on the 19th day of May, 2003 at the Council Chambers, City Hall City ofLovejoy shall consider and adopt an amendment to the Charter of the City of Lovejoy, Georgia to remove the reading requirement for ordinances, and for other lawful purposes.

Copies of the proposed ordinance are at City Hall and the office of the Clerk of the Superior Court of Clayton County, and may be reviewed by any person during normal business hours.

THE CITY OF LOVEJOY CHERYL MURPHY, CITY CLERK

Filed in the Office of the Secretary of State June 6, 2003.

GEORGIA LAWS 2004 SESSION

4705

CITY OF GORDON- CITY CLERK; CITY TREASURER; APPOINTMENT AND REMOVAL.

ORDINANCE AMENDING THE CHARTER OF THE CITY OF GORDON GEORGIA

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF GORDON TO CHANGE CERTAIN PROVISIONS RELATED TO THE CITY CLERK; TO CHANGE CERTAIN PROVISIONS RELATED TO THE CITY TREASURER; TO PROVIDE FOR RELATED MATTERS; TO REPEAL CONFLICTING PROVISIONS OF THE CHARTER; AND FOR OTHER PURPOSES.

WITNESSETH:

WHEREAS, the City of Gordon is authorized by law to amend its Charter pursuant to Official Code ofGeorgia Annotated 36-35-3, relating to the method of appointment, term of office and removal of the City Clerk, City Treasurer; to provide for related matters, and for other purposes.

NOW THEREFORE, PURSUANT TO SECTION 3.16 OF THE CHARTER OF THE CITY OF GORDON, THE COUNCIL OF THE CITY OF GORDON, GEORGIA HEREBY ORDAINS THE FOLLOWING AMENDMENT TO THE CITY CHARTER:

SECTION 1.

Section 4.10 of the Charter shall be amended by deleting subsection (e) of Section 4.10 and inserting in lieu thereof the following:

section 4.10:

(e) All directors, including the city clerk and city treasurer, under the supervision of the mayor, shall be nominated by the mayor with confirmation of appointment by the city council. The Mayor may suspend or remove directors under his or her supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council; provided, however, that in the event the mayor determines that the director presents an imminent danger to other city personnel or the general public, the mayor may suspend such director immediately, with or without compensation at the discretion of the mayor, pending an investigation. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of four council members."

4706

MUNICIPAL HOME RULE ORDINANCES

SECTION2.

The Charter is further amended by deleting Section 4.13 and inserting in lieu thereof the following:

"Section 4.13. City Clerk.

The clerk shall be nominated by the mayor with confirmation of appointment by the city council. The clerk shall not be a member of the council. The clerk shall serve at the pleasure of the council and until a successor is appointed and qualified, provided that the clerk shall not be prohibited from succeeding himself or herself. The clerk shall be subject to the terms and conditions of Article IV, Section 4.10 of this charter with respect to supervision, suspension, and removal from office. The city clerk shall be the 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."

SECTION 3.

The Charter is further amended by deleting Section 4.14 and inserting in lieu thereof the following:

"Section 4.14. Treasurer.

The city treasurer shall be nominated by the mayor with confirmation of appointment by the city council. The city treasurer shall serve at the pleasure of the city council. The city treasurer shall collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances ofthe city and shall enforce all laws ofGeorgia relating to the collection of delinquent taxes and the sale or foreclosure for non-payment of taxes to the city. The treasurer shall be subjectto the terms and conditions ofArticle IV, Section4.10 of this charter with respect to supervision, suspension, and removal from office. The city treasurer 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 treasurer."

SECTION 4. REPEALER.

All ordinances and parts of ordinances in conflict with this ordinance are herebY repealed.

GEORGIA LAWS 2004 SESSION

4707

SECTION 5. EFFECTIVE DATE.

This Ordinance shall become effective upon its adoption as provided in the charter and as provided by Georgia Law.

APPROVED:

s/ KENNETH L. TURNER Mayor

s/ FREDDIE L. DENSLEY Council Member

s/ WILLIAM SANDERS JR. Council Member

s/ GERALD LAYTON Council Member

s/ TERRY REESE Council Member

Council Member

Council Member

First Reading on the 5th day of May, 2003.

Ayes _1_

Nays _Q_

Second Reading on the 19 day of May, 2003.

Ayes .i_ Nays _Q_

Adopted and effective on the 19th day of May, 2003.

ATTEST:

s/ TOWANA BROWN Towanna Brown CITY CLERK (CITY SEAL)

4708

MUNICIPAL HOME RULE ORDINANCES

CLERK'S CERTIFICATION

GEORGIA, WILKINSON COUNTY

The undersigned, duly qualified and acting as City Clerk of the City of Gordon, Georgia, certifies to the following:

The foregoing Ordinance of the Mayor and Council of the City of Gordon, Georgia was duly adopted at a legally convened and regularly scheduled meeting of the Mayor and Council on May 5, 2003 and May 19, 2003, and that the copy of said Ordinance attached hereto is a true and correct copy thereof.

This 19th day of May, 2003.
s/ TOWANA BROWN TOWANNA BROWN CITY CLERK (CITY SEAL)

Affidavit of Publication

GEORGIA, WILKINSON COUNTY

Personally appeared before the undersigned attesting officer, Will Davis, who on oath says that he is Publisher of The Wilkinson County News and that the legal advertisement which is attached was published in said newspaper on the following dates: May 1, 8 and 15,2003.

s/ WILL DAVIS Publisher

This the 3rd day of June, 2003. (Seal)

Sworn and subscribed before me this 3rd of June, 2003.

s/ SONIA JOHNSON Notary Public
City Of Gordon Georgia Notice Of Amendment Of Charter
Notice is hereby given that the City of Gordon will amend its charter pursuant ~0 the Home Rule Provisions of Georgia Law. This amendment will change certaJll

GEORGIA LAWS 2004 SESSION

4709

provisions of the charter related to the appointment and removal of the city clerk; will change certain provisions related to the appointment and removal of the city treasurer; will change certain provisions related to the suspension ofcertain officers by the mayor; will provide for related matters; will repeal conflicting laws; and for other purposes. The ordinances amending the city charter will be considered at the next regular meetings of the council on May 5, 2003 and May 19, 2003.

A copy of the proposed amendment is on file and is available for public inspection and copying at the Gordon City Hall, 115 College Street, Gordon, Georgia, and in the office of Cinda S. Bright, Clerk of the Superior Court of Wilkinson County, Georgia, at the Clerk's office in the Wilkinson County Courthouse, Irwinton, Georgia.

Kenneth L. Turner, Mayor.

5/1-8-15

Filed in the Office of the Secretary of State June 18, 2003.

CITY OF GAINESVILLE - RETIREMENT PLAN MERGER

Filed in Clerk's Office 04-18-03

First Reading 5/6/2003

Published

04/18/2003

Published

04/26/2003

Published

05/02/2003

Passed

05/20/2003

AN ORDINANCE

No. HR-2003-02

AN ORDINANCE TO AMEND ARTICLE 6 OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA ENTITLED "RETIREMENT SYSTEM" ASAUTHORIZEDBYOCGA36-35-1 ET.SEQ.BY AMENDING SECTION 3.61 REFERRED TO AS RETIREMENT PLAN B TO CONVERT, TRANSFER, AND MERGE THE DEFINED CONTRIBUTION RETIREMENT PLAN SET OUT IN SECTION 3.62 REFERRED TO AS RETIREMENT PLAN C, INTO SECTION 3.61 OF THIS CHARTER; TO PROVIDE FOR EMPLOYEE SELECTION OF ROLLOVER OPTIONS FOR EMPLOYEES COVERED BY RETIREMENT PLAN C; TO REPEAL SECTION 3.62 IN ITS ENTIRETY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR

4710

MUNICIPAL HOME RULE ORDINANCES

CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GAINESVILLE, GEORGIA AS FOLLOWS:

SECTION I.

Section 3.61 of the Charter ofthe City ofGainesville, Georgia is hereby amended to read as follows:

Section 3.61. Adoption ofdefined benefit retirement system for certain other employees.

(a) There is hereby authorized a defined benefit retirement system, to be effective as of July 1, 1994, for certain eligible employees of the City of Gainesville who participate in the federal Social Security program, in order to provide these employees with benefits to supplement those benefits provided under Social Security. This retirement system shall also provide benefits for elected and appointed officials of the governing authority. This retirement system shall be amended, documented, administered, and funded by separate Ordinance of the City of Gainesville in accordance with and pursuant to the City's general powers as provided in O.C.G.A. 36-34-2(4), the City's powers pursuant to O.C.G.A. 36-35-4, and in accordance with and pursuant to the authority provided in O.C.G.A. Title 47, Chapter 5. The defined benefit retirement system described herein shall be referred to as "Retirement Plan B". (b) The defined contribution retirement system established and maintained by the City of Gainesville Parks and Recreation Agency for its employees known and referred to as Retirement Plan "C" is converted, transferred and merged into defined benefit retirement system Retirement Plan B, as described in subparagraph (a) above, effective June 30, 2003. (c) On or before June 20, 2003, each employee of the Parks and Recreation Agency covered by Retirement Plan C shall elect in writing one of the rollover options set out in the City of Gainesville Parks and Recreation Money Purchase Plan 204(h) Notice.

SECTION II.

Effective July 1, 2003, Section 3.62 of the Charter of the City of Gainesville, Georgia is repealed in its entirety.

SECTION Ill.

All Ordinances and parts ofOrdinances in conflict herewith are hereby repealed

GEORGIA LAWS 2004 SESSION

4711

SECTION IV.

If any portion of this Ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional.

SECTIONV.

This Ordinance is enacted as an amendment to the 1979 Charter Laws of the City of Gainesville, Georgia.

SECTION VI.

The effective date of this Ordinance shall be upon approval by the City Council of the City of Gainesville.

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF HALL.

Before me, the undersigned, a Notary Public, this day came Linda Carder, who, being first duly sworn, according to law, says that she is an agent of The Times, the official newspaper in which the Sheriff's advertisements in and for the City of Gainesville and the County of Hall are published, and a newspaper of general circulation, with its principal place ofbusiness in said County, and that the attached copy of the notice that the Charter Laws of the City of Gainesville, Georgia are to be amended as provided in Exhibit "A", attached hereto and by reference made a part hereof, was published once a week for three (3) weeks on the following days:

04/18/03,04/26/03,05/02/03

THE TIMES By: s/ LINDA K. CARDER Title: Inside Sales Mgr.

Sworn to and subscribed before me this 10 day of June, 2003.

s/ COURTNEY SMITH Notary Public My Commission Expires: Sept. 9, 2006
(SEAL)

4712

MUNICIPAL HOME RULE ORDINANCES

Public Notice Home Rule Ordinance 2003-02 AN ORDINANCE TO AMEND ARTICLE 6 OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA ENTITLED "RETIREMENT SYSTEM" AS AUTHORIZED BY OCGA 36-35-1 ET. SEQ. BY AMENDING SECTION 3.61 REFERRED TO AS "RETIREMENT PLAN B" TO CONVERT, TRANSFER, AND MERGE THE DEFINED CONTRIBUTION RETIREMENT PLAN SET OUT IN SECTION 3.62 REFERRED TO AS "RETIREMENT PLAN C" INTO SECTION 3.61 OF THIS CHARTER; TO PROVIDE FOR EMPLOYEE SELECTION OF ROLLOVER OPTIONS FOR EMPLOYEES COVERED BY RETIREMENT PLAN C; TO REPEAL SECTION 3.62 IN ITS ENTIRETY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

A copy of the proposed Charter amendment is on file in the office of the Clerk of the City Council for the City of Gainesville and a copy of the proposed Charter amendment is on file in the office of the Clerk of Superior Court of Hall County, Georgia. A copy ofthe proposed Charter amendment shall be furnished by the City Clerk of the City Council of Gainesville, Georgia upon request. #496891. 4/18

Public Notice Home Rule Ordinance 2003-02 AN ORDINANCE TO AMEND ARTICLE 6 OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA ENTITLED "RETIREMENT SYSTEM" AS AUTHORIZED BY OCGA 36-35-1 ET. SEQ. BY AMENDING SECTION 3.61 REFERRED TO AS "RETIREMENT PLAN B" TO CONVERT, TRANSFER, AND MERGE THE DEFINED CONTRIBUTION RETIREMENT PLAN SET OUT IN SECTION 3.62 REFERRED TO AS "RETIREMENT PLAN C" INTO SECTION 3.61 OF THIS CHARTER; TO PROVIDE FOR EMPLOYEE SELECTION OF ROLLOVER OPTIONS FOR EMPLOYEES COVERED BY RETIREMENT PLAN C; TO REPEAL SECTION 3.62 IN ITS ENTIRETY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
A copy of the proposed Charter amendment is on file in the office of the Clerk of the City Council for the City of Gainesville and a copy of the proposed Charter amendment is on file in the office of the Clerk of Superior Court of Hall County, Georgia. A copy of the proposed Charter amendment shall be furnished by the City Clerk of the City Council of Gainesville, Georgia upon request. #497598. 4/26

GEORGIA LAWS 2004 SESSION

4713

Public Notice Home Rule Ordinance 2003-02 AN ORDINANCE TO AMEND ARTICLE 6 OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA ENTITLED "RETIREMENT SYSTEM" AS AUTHORIZED BY OCGA 36-35-1 ET. SEQ. BY AMENDING SECTION 3.61 REFERRED TO AS "RETIREMENT PLAN B" TO CONVERT, TRANSFER, AND MERGE THE DEFINED CONTRIBUTION RETIREMENT PLAN SET OUT IN SECTION 3.62 REFERRED TO AS "RETIREMENT PLAN C" INTO SECTION 3.61 OF THIS CHARTER; TO PROVIDE FOR EMPLOYEE SELECTION OF ROLLOVER OPTIONS FOR EMPLOYEES COVERED BY RETIREMENT PLAN C; TO REPEAL SECTION 3.62 IN ITS ENTIRETY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

A copy of the proposed Charter amendment is on file in the office of the Clerk of the City Council for the City of Gainesville and a copy of the proposed Charter amendment is on file in the office of the Clerk of Superior Court of Hall County, Georgia. A copy of the proposed Charter amendment shall be furnished by the City Clerk of the City Council of Gainesville, Georgia upon request. #497599. 5/2

Filed in the Office of the Secretary of State June 26, 2003.

CITY OF GAINESVILLE-WARDS; REAPPORTIONMENT.

Filed in Clerk's Office 05/0112003

First Reading 05/20/2003

Published

05/02/2003

Published

05/09/2003

Published

05/17/2003

Passed

06/03/2003

AN ORDINANCE

No. HR-2003-03

ANORDINANCETOAMENDCHAPTER6ENTITLED"ELECTIONS"OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA, AS AUTHORIZED BY THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA AND THE OFFICIAL CODE OF GEORGIA 36-35-3 AND 36-35-4.1; BY AMENDING SECTION 6.13 ENTITLED "WARDS" TO PROVIDE FOR BOUNDARY LINES OF THE FIVE WARDS

4714

MUNICIPAL HOME RULE ORDINANCES

ESTABLISHED PURSUANT TO THE 2000 UNITED STATES DECENNIAL CENSUS TO MAINTAIN, AS NEAR AS PRACTICABLE, EQUAL POPULATION FOR EACH WARD; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY GAINESVILLE, GEORGIA AS FOLLOWS:

SECTION I.

Section 6.13 ofthe Charter ofthe City ofGainesville, Georgia is hereby amended to read as follows:

Section 6.13. Wards. For the purpose of electing the five (5) council members, the territory ofthe City
of Gainesville shall be divided into five (5) wards to be designated respectively as
Wards One through Five. One council member shallbe a resident of each ward, but each such council member shall be elected by a majority vote of the voters of the entire City of Gainesville voting at the elections provided for hereinafter. The boundaries of the five (5) wards of the City of Gainesville shall be as follows:

WARDl Hall County
Tract: 4 BG: 1
100010021005 1006 lOll 101210141017101910201021 1022 1024 1025 1027 1028 1029 1030 103I 1032 I033 I035 I997 I998 I999 BG:2 200 I 2002 2003 2005 2006 2008 2009 20 10 20 II 20 I2 20 I6 20 17 2986 2987 299I 2992 2994 2996 2997 2999 BG:3 3010 30 ll 3017 3995 3997 3998 Tract: 5 BG:2 2997 2998 BG: 3 3016 3017 3018 3019 3020 3021 3027 3028 3029 3030 3031 3032 3033 3035 3036 3037 3038 3039 3040 3045 3048 3049 3050 3052 3054 3055 3056 3057 3058 3059 3064 3065 3066 3067 3068 3069 3070307I 3072398739883989399I3992399539963998

GEORGIA LAWS 2004 SESSION

4715

BG: 5 5019 5020 5021 5022 5988 5989 5991 5993
Tract: 9 BG: 1
1000 1001 1010 1011 1012 1013 BG: 2
2001 2002 2003 BG: 3
3000 3001 3002 3003 3004 3005 3006 3007 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020

WARD2 Hall County
Tract: 11 BG: 1
1000 1007 1010 1011 1012 1013 1014 1022 Tract: 5 BG: 1
1019 1020 1998 BG: 2
2005 2006 2996 BG: 5
5000 5002 5007 5008 5009 5010 5011 5014 5015 5023 5024 5026 5027 5028 5029 5030 5031 5034 5035 5036 5995 5996 5997 5999 . Tract: 6 BG: 1 1012 1013 BG: 2 200420092010201120122013202120222023202420252026 2028 2029 2030 2032 2033 2034 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2997 BG: 3 3014 3015 3016 3017 3020 3021 3028 3029 3030 3032 3033 3035 3038 3039 3041 3042 3046 3047 3048 3049 3050 3051 3052 3053 3054 3056 3057 3990 3997 Tract: 8 BG:4 4000 4001 4002 4003 4004 4006 4007 4008 4009 4010 4011 4012 40 13 40 14 40 15 4016 4017 40 18 40 19 4020 Tract: 9 BG: 2 2000 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 20 17 2018 2019 2020 2021 2022 2023

4716

MUNICIPAL HOME RULE ORDINANCES

WARD3 Hall County
Tract: 11 BG: 1
1019 1020 1021 1023 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 BG:2 2000 200 1 2002 2003 2004 2005 2006 2007 Tract: 12 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1020 1021 1022 1023 1024 1025 1026 1027 1038 BG:3 3000300130023005306430653999 BG:4 40 17 4018 40 19 4022 4023 4024 4999 Tract: 13 BG: 1 1000 Tract: 7 BG:2 2006 2007 2008 2015 2016 2017 2019 2020 2024 2025 2026 2027 2032 2037 2039 Tract: 8 BG: 1 1006 1008 1011 1012 1013 1014 1020 1026 BG: 2 2005 2010 2012 2013 2014 2015 2016 2017 BG: 3 BG:4 4005 4021 4022 4023 4024 4025

WARD4 Hall County
Tract: 10.01 BG: 1
1000 1001 1002 1003 1004 1005 1008 BG:2
2000 2003 2020 2023 2024 2025 2026 BG: 3
3000 3005 3009 3011 3013 3014 3020 3021

GEORGIA LAWS 2004 SESSION

47I7

BG:4 40 I3 40 I6 40 I7 4020 402I 4022 4023 4025 4028 4030 403I 4996
Tract: 10.02 BG: 1
1000 I001 1002 1003 1004 1005 1013 1014 1016 BG: 2
2001 2003 2004 2005 2008 2009 BG: 3
3001 3002 3007 3011 30I2 3013 3018 3023 3026 3027 Tract: 11 BG: I
1005 I006 1015 IOI6 I017 IOI8 I025 BG: 2
2008 2009 2010 2011 2012 20I4 2017 2018 202I BG: 3
3000 3001 3002 3003 3007 3008 3009 30 10 30 II 30 12 3015 30 I7 3018 3019 3023 3028 3029 3030 3034 303 7 304I 3042 3043 3045 3047 3049 3050 3052 3053 3055 3057 3059 BG:4 4000400240044007401340I44016401740204021 40224026 4027403640464047404940504052 BG: 5 5000 5003 5004 5005 5009 5010 5013 5014 5015 5017 5018 5020 50235024502850295030503350345038503950415062 Tract: I2 BG: 1 1043 1046 I047 1051 I052 BG: 3 3014 3055 3056 3059 3061 Tract: 13 BG: I 1002 1003 1005 1006 1007 1010 1011 1016 1021 1024 I046 1049 I050 I051 BG: 2 2002 Tract: 14.01 BG: I 100I 1022 1024 1025 BG: 2 2002 2011 BG:4 4002 4004 4046 Tract: 14.02

4718

MUNICIPAL HOME RULE ORDINANCES

BG:2 2001

WARD5 Hall County
Tract: 10.01 BG: 3
3023 3024 3027 3034 3035 3036 3037 3038 3039 3040 3041 3044 30463047305530563995399639973998 BG:4 4008 4997 Tract: 11 BG: 1 1001 1002 1003 1004 1008 1009 Tract: 3.02 BG: 2 2019 2021 2998 BG:4 4000 400 l 4999 Tract: 4 BG:2 2024 2025 2028 2029 2030 2031 2032 2036 2037 2038 2040 2041 2042 2984 2985 2988 2989 Tract: 9 BG: l 1002 1003 1004 1005 1006 1007 1008 1009 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 BG: 3 3008

SECTION II.

The passage of this Ordinance is authorized by the Charter of the City of Gainesville, Georgia and the Official Code of Georgia Annotated 36-35-3 and4.

SECTION III.

All Ordinances and parts of Ordinances in conflict herewith are hereby repealed.

SECTION IV.

If an portion of this Ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining

GEORGIA LAWS 2004 SESSION

4719

portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional.

SECTIONV.

This Ordinance is enacted as an amendment to the 1979 Charter Laws of the City of Gainesville, Georgia.

SECTION VI.

The effective date of this Ordinance shall be upon approval by the City Council of the City of Gainesville.

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF HALL

Before me, the undersigned, a Notary Public, this day came, s/ LINDA CARDER, who, being first duly sworn, according to law, says that she is an agent of The Times, the official newspaper in which the Sheriffs advertisements in and for the City of Gainesville and the County of Hall are published, and a newspaper of general circulation, with its principal place ofbusiness in said County, and that the attached copy of the notice that the Charter Laws of the City of Gainesville, Georgia are to be amended as provided in Exhibit "A", attached hereto and by reference made a part hereof, was published once a week for three (3) weeks on the following days:

5/2/03, 5/9/03, 5/17/03

THE TIMES By: s/ LINDA K. CARDER Title: Inside Sales Mgr.

Sworn to and subscribed before me This 10 day of June, 2003.

s/ COURTNEY SMITH Notary Public My Commission Expires: Sept. 9, 2006 (SEAL)

Filed in the Office of the Secretary of State June 26, 2003.

4720

MUNICIPAL HOME RULE ORDINANCES

CITY OF ALBANY- WARDS; REAPPORTIONMENT.

AN ORDINANCE 03-111 ENTITLED
AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF ARTICLE 36, CHAPTER 35,
OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, AS AMENDED, AMENDING THE CHARTER OF THE CITY OF ALBANY SO
AS TO CHANGE THE DESCRIPTION OF EACH OF THE SIX WARDS WITHIN THE
CITY PROPER; REPEALING PRIOR ORDINANCES IN CONFLICT AND FOR
OTHER PURPOSES.

WHEREAS, the City of Albany, Georgia, a municipal corporation of the State of Georgia, operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended; and

WHEREAS, the City has now determined that it is necessary to make certain amendments to its Charter pursuant to its home rule powers pursuant to Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A. 36-35-1 through 36-35-7; and

NOW, THEREFORE,BEITORDAINEDbytheBoardofCommissionersofthe City of Albany, Georgia and it is hereby ordained by authority of same, as follows:

SECTION 1. The Charter of the City ofAlbany, Georgia, which was established by an Act creating a new Charter for the City of Albany, Georgia, approved on August 18, 1923 (Ga. L. 1923, p. 370), as amended, is hereby amended by striking from Paragraph Two of Section 2 of the Charter of the City of Albany, Georgia, as amended, the description of the wards contained therein, and ordaining in lieu thereof the following:
The City proper shall be divided into six wards. A description of each of said wards is contained in an exhibit attached to this Ordinance as Exhibit "A", and said descriptions of each ward as reapportioned in accordance with the census of 2000 are incorporated herein by reference as fully as if set forth verbatim.

SECTION 2. Pursuant to the provisions of Section 36-35-3 of the Official Code of Georgia Annotated, as amended, this ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of

GEORGIA LAWS 2004 SESSION

4721

Albany at two regular consecutive meetings and after compliance ~ith all the provisions of the Municipal Home Rule Act of 1965, as amended.

SECTION 3. All charter provisions, or parts of charter provisions, ordinances, or parts ofordinances, and laws, or parts oflaws, in conflict herewith are repealed.

SECTION 4. If any part of this ordinance shall be declared void, it is the intent and purpose hereofthat all other provisions not so declared void shall remain in full force and effect.

SECTION 5. The City Attorney is hereby authorized and directed to cause a notice, a copy of which is attached hereto as Exhibit "B" and hereby incorporated by reference, to be published in The Albany Herald, the official newspaper in which Sheriffs advertisements are published in Dougherty County, in which the City is located, once a week for three weeks within a period ofsixty (60) days immediately preceding the day of the final adoption of this ordinance. The City Attorney is also hereby authorized and directed to cause the publisher of The Albany Herald to execute an affidavit of such publication.

ATTEST:

s/ Tommy Coleman MAYOR

s/ Sue Hammond CITY CLERK

Adopted: 4-22-03 Adopted: 5-27-03

EXHIBIT A

Ward 1

That portion of the City with a beginning point located at the intersection ofBn:>ad Ave. and Broadway St., proceed in an easterly direction along Broad Ave. to the intersection of Merritt St. and Broad Ave, proceed then in a northerly direction along Merritt St. to the intersection of Merritt and Clark Avenue, proceeding in an easterly direction along Clark Ave. to the intersection of Clark Ave. and Maple St., proceeding then in a northerly direction along Maple St. to the Liberty Expressway., proceed in a northwesterly direction to the intersection of Blaylock St. and Liberty Expressway., proceed then north along Blaylock St. the intersection ofBlaylock St. and Evelyn Ave., proceeding along Evelyn Ave. to the intersection ofEvelyn Ave. and N. Maple St., then proceeding north along Maple St. to the intersection ofN. Maple St. and Cromartie Beach Rd meandering along the shoreline of Georgia

4722

MUNICIPAL HOME RULE ORDINANCES

Power Lake and the Flint River and along Piney Woods Creek to a point at the 700 Blk. of McCollum Dr., proceeding in a southerly direction crossing over Cordele Rd., and following the boundary of the City Limits to Clark Ave., proceeding then in an easterly direction to the intersection of Clark Ave. and Pine BluffRd., proceeding then in a southerly direction along the eastern portion ofPine Bluff Rd. to the intersection of Pine Bluff Rd. and Highway 82 (Sylvester Rd.) crossing Highway 82 proceeding in a southerly direction following the City Limit boundary along Pinson Rd. to a point 50 feet south of Gurr St., proceeding in an
easterly direction a distance of 1655 ft., proceeding then in a southerly direction a
distance of 1176 ft., proceeding the in a westerly direction a distance of 1655 ft. to Pinson Rd., proceeding in a southerly direction to Atlantic and GulfRailroad tracks proceeding along the City limit boundary in a westerly direction to Mock Rd., proceeding then in a southerly direction following the City Limit boundary along
Mock Rd. to the intersection of Mock Rd. and Cutts Dr., proceeding then in a
westerly direction to the intersection of Wyandote and the Georgia Northern Railway, proceeding then in a northwesterly direction along the Georgia Northern Railway and following the City Limit Boundary to and crossing under the Liberty Expressway, proceeding to southern portion of the Atlantic and Gulf Railway continuing northwesterly along the Atlantic and Gulf Railway to the Intersection of Cason St. and Silica Ave., proceeding along Silica Ave. to the Atlantic and Gulf Railway still in continuation along Silica Ave. to the intersection of Silica Ave. and Mobile Ave., proceeding in a southerly direction along Mobile Ave., to the intersection ofMobile Ave., and Mitchell Ave., proceeding westerly along Mitchell
Ave., to the intersection of Mitchell Ave. and Van Demen St. and proceeding in a
northerly direction along Van Demen St. to the intersection of Van Demen St. and Dunes Dr., proceeding westerly along Dunes Dr. to the intersection Dunes Dr. and Frotscher St., proceeding southerly along Frotscher St. to the intersection of Frotscher St. and Mitchell Ave., proceeding westerly along Mitchell Ave. to the intersection of Mitchell Ave. and Rood St., proceeding in a northerly direction along Rood St. To the Intersection ofRood St. and Dunes Dr., proceeding westerly along Dunes Dr. to the intersection of Dunes Dr. and South St., proceeding then in a southerly direction to the intersection of South St. and Mitchell Ave., proceeding westerly along Mitchell Ave. to the intersection ofMitchell Ave. and Crawford Dr., proceeding then in a northerly direction and following Crawford Dr. to the intersection of Crawford Drive And Radium Springs Rd., proceeding then along Radium Springs Rd. to the point of.beginning.
Ward2
That portion ofthe City with a point ofbeginning at the Intersection ofNorth Maple St. and Clark Ave., proceeding then in a northerly direction along the western portion of North Maple St. to the southwestern portion of the Liberty Express~ay (Highway 19 North) and proceeding then in a northwesterly direction to intersecuon of Blaylock St. and the Liberty Expressway, proceeding then in a northerly

GEORGIA LAWS 2004 SESSION

4723

direction along the western portion of Blaylock St. to intersection Blaylock St. and Evelyn Ave., proceeding then in an easterly direction along the Northern portion ofEvelyn Ave. to the intersection ofEvelyn Ave., and North Maple St., proceeding then in a northerly direction along the western portion of North Maple St. to the intersection of North Maple St. and Cromartie Beach Rd., proceeding then in a northwesterly direction along the southwestern shoreline of Georgia Power Lake, Lake Worth and the Kitchefoonee Creek to Philema Rd., continuing to follow the southwestern shoreline of the Kitcheefoonee Creek along North Jefferson St. and following the City Limit boundary, to the intersection of North Slappey Blvd. and Ledo Rd., proceeding westerly along the southern portion of Ledo Rd. to intersection of Ledo Rd. and Nottingham Way, proceeding then in a southerly direction along the eastern portion of Nottingham Way to the intersection of Nottingham Way and Stuart Ave., proceeding then in an easterly direction along the northern portion ofStuart Ave. to the intersection ofStuart Ave. and Doncaster Dr., proceeding then in a southerly direction along the eastern portion of Doncaster Dr. to the intersection of Doncaster Dr. and Whispering Pines Rd., proceeding then in and easterly direction along the northern portion of Whispering Pines Rd. to the intersection of Whispering Pines Rd. and Murray Hill Ln., proceeding then along the eastern portion of Murray Hill Ln. to intersection of Murray Hill Ln. and Oak Glenn Alley, proceeding then in an easterly direction along the northern portion of Oak Glenn Alley to the intersection ofOak Glenn Alley and Hilltop Dr., proceeding then in a southeasterly direction along the eastern portion of Hilltop Dr. to the intersection of Hilltop Dr. and 11th Ave., proceeding in a northeasterly direction along the northern portion of 11th Ave. a distance of 190 ft., proceeding then along the northern portion of 11th Ave. to the intersection of 11th Ave. and Edgewood Dr., proceeding then in a northeasterly direction along the western portion of Edgewood Dr. to the intersection of Edgewood Dr. and Whispering Pines Rd., proceeding then in an easterly direction along the northern portion of Whispering Pines Rd. to the intersection of Whispering Pines Rd. and North Slappey Blvd., proceeding then in a southerly direction along the eastern portion ofNorth Slappey Blvd. to the intersection ofNorth Slappey Blvd. and 2nd Ave., proceeding then in an easterly direction along the northern portion of 2nd Ave. to the intersection of 2nd Ave. and North Jefferson St., continuing easterly to intersection of 2nd Ave. and N. Jackson St., continuing easterly to intersection of 2nd Ave. and North Washington St., continuing easterly to Central ofGeorgia Railroad, proceeding then in a northerly direction and intersecting with 3rd Ave., proceeding then in an easterly direction along the northern portion of3rd Ave. to the eastern shoreline of the Flint River and following the eastern shoreline of the Flint River to Broad Ave. Bridge, proceeding then in an easterly direction along the northern portion ofBroad Ave. to intersection of Broad Ave. and Broadway St. and continuing easterly along the northern portion ofBroad Ave. to the intersection ofBroad Ave. and Merritt St., proceeding then in a northerly direction along the western portion of Merritt St. to the intersection of Merritt St. and Clark Ave., proceeding then in an easterly direction along Clark Ave. to the point of beginning.

4724

MUNICIPAL HOME RULE ORDINANCES

Ward3

That portion of the City with a point of beginning on the western shoreline of the Flint River at the Broad Ave. Bridge and following the western shoreline of the Flint River in a northerly direction to 3rd Ave., proceeding then in a westerly direction along the southern portion of 3rd Ave. intersecting at the Central of Georgia Railroad, proceeding then in a southerly direction along the Central of Georgia Railroad to the intersection of 2nd Ave., proceeding then in a westerly direction along the southern portion of2nd Ave. to the intersection of 2nd Ave. and North Washington St., continuing westerly along the southern portion of2rid Ave. to the intersection of2nd Ave. and North Jackson St., continuing westerly along the southern portion of 2nd Ave. to intersection of 2nd Ave. and North Jefferson St., continuing westerly along the southern portion of 2nd Ave. to intersection of 2nd Ave. and North Slappey Blvd., proceeding then in a southerly direction along the eastern portion of North Slappey Blvd. to southern portion of the Central of Georgia Railroad, proceeding then in a south westerly direction along the southern portion on the Central of Georgia Railroad to the intersection at Valencia Dr., proceeding then in a southerly direction along the eastern portion of Valencia Dr. to intersection of Valencia Dr. and Gordon Ave., proceeding then in an easterly direction to the western portion ofthe Central ofGeorgia Railroad, proceeding then in a southeasterly direction along the western portion of the Central of Georgia Railroad to the intersection of the Central of Georgia Railroad and Waddell Ave., proceeding then in southerly direction along the western portion of the Central of Georgia Railroad to the Intersection of the Central of Georgia Railroad and Westown Rd., proceeding the in a northerly direction along the western portion of Westown Rd. to intersection ofWestown Rd. and Centennial Ave., proceeding then in an easterly direction along the northern portion of Centennial Ave. to the intersection of Centennial Ave. and South Slappey Blvd., proceeding then in a southerly direction along the eastern portion of South Slappey Blvd. to the intersection of South Slappey Blvd. and Lippitt Dr., proceeding then in an easterly
direction along the northern portion of Lippitt Dr. to the intersection of Lippitt Dr.
and Newton Rd., proceeding then in a northeasterly direction to the intersection of Newton Rd. and Jefferies Ave., proceeding then in an easterly direction along the northern portion of Jefferies Ave. to the intersection of Jefferies Ave. and South Madison St., proceeding in a southerly direction along the eastern portion of South Madison St. to the intersection of South Madison St. and Alice Ave., proceeding then in an easterly direction along the northern portion of Alice Ave. to the intersection of Alice Ave. and South Jackson St., proceeding then in a southerlY direction along the eastern portion of South Jackson St. to the intersection of South Jackson St. and Oakridge Dr., proceeding then in an easterly direction along the
northern portion of Oakridge Dr. to the western shoreline of the Flint River ~d
following the western shoreline of the Flint River In a northerly direction to poUlt of beginning.

GEORGIA LAWS 2004 SESSION

4725

Ward4

That portion of the City with a point of beginning located at the intersection of Whispering Pines Rd. and North Slappey Blvd., proceeding then in a southerly direction along the western portion ofSlappey Blvd. to a point at the eastern portion of the Central of Georgia Railroad at Gillionville Rd., proceeding then in a southwesterly direction along the Central ofGeorgia Railroad to the intersection at Valencia Dr., proceeding then in a southerly direction along the western portion of Valencia Dr. to the intersection of Valencia Dr. and Gordon Ave., proceeding then in an easterly direction along the southern portion of Gordon Ave. to the intersection at the Central of Georgia Railroad, proceeding then in a southeasterly direction along the western portion of the Central of Georgia Railroad and following the railroad to the intersection with Westown Rd., proceeding then in a southerly direction along the western portion ofofWestown Rd. to the intersection ofWestown Rd. and Oakridge Dr., proceeding then in a westerly direction along the northern portion of Oakridge Dr. to the intersection of Oakridge Dr. and Old Pertoria Rd., proceeding then in a southwesterly direction along the western portion of Old Pretoria Rd. to the City Limit boundary, proceeding then in a westerly direction along the City Limit boundary, turning then in a southerly direction and still following along the City Limit boundary to it's most southern edge, proceeding then in a westerly direction along the City Limit boundary crossing South Westover Blvd., proceeding westward along the City Limit boundary to and crossing the Cooleewahee Creek to a point at the most western edge of the City Limit boundary, proceeding then in a northerly direction along the City Limit boundary to a point at the southern shoreline of the Cooleewahee Creek running along the City Limit boundary and proceeding in a northwesterly direction to a point, then in a westerly direction along the City Limit boundary to most western edge of the City Limit boundary, proceeding then in a northerly direction intersecting with Gillionville Rd., proceeding then in an easterly direction along the southern portion of Gillionville Rd. a distance of 348 ft., proceeding then in a northerly direction a distance of 364 ft., proceeding then in a westerly direction a distance of 494 ft., proceeding then in a northerly direction along the City Limit boundary to it's northern edge at the Springfield Subdivision, proceeding then in an easterly direction along the City Limit boundary at The Springfield Subdivision to the Cooleewahee Creek, poceeding then in a southerly direction following the Cooleewahee Creek to a point at Gillionville Rd., proceeding then following the City Limit boundary along Gillionville Rd. to Lockett Station Rd.,'proceeding then in a southerly direction along the City Limit boundary to a point 160 ft. south of Station Crossing Rd., proceeding then in an easterly direction along the City Limit boundary to a point 139ft. east ofthe Winterwood Subdivision, proceeding then in a southerly direction along the City Limit boundary a distance of683 ft., proceeding then in an easterly direction along the City Limit boundary to South Westover Blvd., proceeding then in a northerly direction along the City Limit boundary to the southern portion ofGillionville Road at Westover Blvd., proceeding then along the

4726

MUNICIPAL HOME RULE ORDINANCES

southern portion of Gillionville Rd. to the intersection of Gillionville Rd. and Meadowlark Dr., proceeding then in a northerly direction along Meadowlark Dr. to the intersection ofMeadowlark Drive and Kenilworth Dr., proceeding then in an easterly direction along Kenilworth Dr. to the intersection of Kenilworth Dr. and Lullwater Rd., proceeding then in a northeasterly direction along Lullwater Rd. to the intersection of Lullwater Rd. and Dawson Rd., proceeding then in a southeasterly direction to the intersection of Dawson Rd. and Robinhood Rd proceeding then in a northeasterly-easterly direction along Robinhood Rd. to the intersection ofRobinhood Rd. and Doncaster Dr:, proceeding then in a northerly direction along Doncaster Dr. to intersection of Doncaster Dr. and Oak Glenn Alley, proceeding then in an easterly direction along Oak Glenn Alley to the intersection of Oak Glenn Alley and Hilltop Dr., proceeding then in a southeasterly direction a distance of 114 ft., proceeding then in a northeasterly direction a distance of 190 ft. to II th Ave., proceeding then in a southeasterly-easterly direction along II th Ave. to the intersection of II th Ave. and Edgewood Ln., proceeding then in a northeasterly direction along Edgewood Ln. to the intersection of Edgewood Ln. and Whispering Pines Rd., proceeding then in an easterly direction along Whispering Pines Rd to the point of beginning.

WardS

That portion of the City with a point ofbeginning at the intersection of Stuart Ave. and Doncaster Dr. and proceeding in a westerly direction along the southern portion of Stuart Ave to the intersection of Stuart Ave. and Nottingham Way, proceeding then in a northerly direction to the intersection of Nottingham Way and Ledo Rd.,
proceeding then in a westerly direction along the southern portion ofLedo Rd. and
following the City Limit boundary to the intersection ofLedo Rd. and Dawson Rd., continuing along the City Limit boundary in a westerly direction to the western most edge of the Doublegate Subdivision at Doublegate Dr., proceeding then in a southerly direction along Doublegate Dr. and following the City Limit boundary to it's southern most point, proceeding then in an easterly direction along the City Limit Boundary to it's intersection with Beattie Rd., proceeding then in a south-southeasterly direction to the intersection ofBeattie Rd. and Gillionville Rd., proceeding then in an easterly direction along the northern portion of Gillionville Rd. to the intersection of Gillionville Rd and North Westover Blvd., continuing eastward along the northern portion of Gillionville to intersection of Gillionville Rd. and Meadowlark Dr., proceeding then in a northerly direction along the western portion of Meadowlark Dr. to the intersection of Meadowlark Dr. and Kenilworth Dr., proceeding then in an easterly direction to the intersection of Kenilworth Dr. and Lullwater Rd., proceeding then in a northeasterly direction along the western portion of Lullwater Rd. to the intersection of Lullwater Rd. and Dawson Rd., proceeding then in a southeasterly direction along the eastern portion of Dawson Rd. to the intersection of Dawson Rd. and Robinson Rd., proceeding then in 8 northeasterly-easterly direction along the northern portion ofRobinhood Rd to the

GEORGIA LAWS 2004 SESSION

4727

intersection ofRobinhood Rd. and Doncaster Rd., proceeding then in a northerly direction to the intersection of Doncaster Rd. and Oak Glenn, proceeding then in an easterly direction along the northen portion of Oak Glenn to the intersection of Oak Glenn and Murray Hill Ln., proceeding then in a northerly direction along the western portion of Murray Hill Ln. to intersection of Murray Hill Ln. and Whispering Pines Rd., proceeding then in a westerly direction to the intersection of Whispering Pines Rd. and Doncaster Ln., proceeding then in a northerly direction along the western portion of Doncaster Rd. to the point of beginning.

Ward6

That portion of the City with a point of beginning at the southern portion of the intersection of Broad Ave. and Broadway St., proceeding in a southerly direction along the western portion of Radium Springs Road to the intersection of Radium Springs Rd and Crawford Dr., proceeding then in a westerly direction along the southern portion ofCrawford Dr. to the intersection ofCrawford Drive and Mitchell Ave., proceeding then in a westerly direction along the southern portion ofMitchell Ave. to the intersection of Mitchell Ave. and South St., proceeding then in a northerly direction along the eastern portion ofSouth St. to the intersection ofSouth St. and Dunes Dr., proceeding then in a southerly direction along the southern portion ofDunes Dr. to the intersection ofDunes Dr. and Rood St., Proceeding then in a southerly direction along the western portion of Rood St. to the intersection of Rood St. and Mitchell Ave., proceeding then in a westerly direction along the southern portion ofMitchell Ave. to the intersection ofMitchell Ave. and Frotscher St., proceeding then in a northerly direction along the eastern portion ofFrotscher St. to the intersection ofFrotscher St. and Dunes Dr., Proceeding then in an easterly direction along the southern portion of Dunes Dr. to the intersection of Dunes Dr. and Van Demen St., proceeding then in a southeasterly direction along the western portion of Van Demen St., proceeding then in a southerly direction along the western portion of Van Demen St. to intersection of Van Demen St. and Mitchell Ave., proceeding then in an easterly direction along the southern portion ofMitchell Ave. to the intersection of Mitchell Ave. and Mobile St., proceeding then in a northerly direction along the eastern portion of Mobile St. to the intersection of Mobile St. and Silica Dr., proceeding then in an easterly direction along the southern portion of Silica Dr. still following Silica Dr. in a southerly direction the western portion to the intersection ofSilica Dr. and the Atlantic Coastline Railroad, proceeding then in an easterly direction along the southern portion of Silica Dr. to the intersection of Silica Dr. and Cason St. proceeding the in a southeasterly direction along the southern portion ofSilica Dr. and the Atlantic GulfRailroad and following the Atlantic and Gulf Railroad to the Liberty Expressway, proceeding then in a southerly direction following the western portion of the Liberty Expressway to the interchange of the Liberty Expressway and Ga. Highway 133 (Moultrie Rd.), proceeding then in a northwesterly direction and following the City Limit boundary along the northern portion of Moultrie Rd. to Atlantic and Gulf

4728

MUNICIPAL HOME RULE ORDINANCES

Railroad, proceeding then in a southerly direction along the western portion of the Atlantic and Gulf Railroad and the City Limit boundary to the Radium Springs Gardens Subdivision, proceeding then in a westerly direction and still following the City Limit boundary to Radium Springs Rd., proceeding then in a northeasterly direction along the eastern portion ofRadium Springs to the Marine Corps Drainage Canal, proceeding then in a southwesterly direction along the northern portion of the Marine Corps Drainage Canal and the City Limit boundary to the Flint River, proceeding along the City Limit boundary to Martin Luther King, Jr. Dr;, proceeding then in a southerly direction along the western portion ofMartin Luther King, Jr. Dr. to the intersection of Martin Luther King, Jr. Dr and Story Rd, proceeding then in a westerly direction along the northern portion of Story Rd. to the City Limit boundary, proceeding then in a northerly direction along the City Limit boundary to Johnny W. Williams Rd., proceeding then in a westerly direction along the City Limit boundary in continuation southwesterly to the intersection of Newton Rd. and Oakhaven Dr., proceeding westerly along Oakhaven Dr. and the City Limit boundary to the City Limit boundary, proceeding then northerly along the City Limit Boundary still following the City Limit boundary to the western portion of Ayers Rd. intersecting with Old Pretoria Rd. and following the southeastern portion of Old Pretoria Rd. to intersection of Old Pretoria Rd. and Oakridge Dr., proceeding then in an easterly direction along the southern portion of Oakridge Dr. to the intersection of Oakridge Dr. and Westown Rd., proceeding then in a northerly direction along the eastern portion of Westown Rd. to the intersection of Westown Rd. and Centennial Dr., proceeding then in an easterly direction along the southern portion of Centennial Dr. to the intersection of Centennial Dr. and South Slappey Blvd., proceeding then in a southerly direction along the western portion of South Slappey Blvd. to the intersection of South Slappey Blvd. and Lippit Dr., proceeding then along the southern portion of Lippit Dr. to intersection of Lippit Dr. and Newton Rd., proceeding then in a northeasterly direction to the intersection of Newton Rd. and Jefferies Ave., proceeding then along the southern portion of Jefferies Ave. to the intersection of Jefferies Ave. and South Madison St., proceeding then in a southerly direction along the western portion of South Madison St. to Intersection of South Madison St. and Alice Ave., proceeding then along the southern portion of Alice Ave. to intersection of Alice Ave. and South Jackson St., proceeding then in a southerly direction along the western portion ofSouth Jackson St. to the intersection ofSouth Jackson St. and Oakridge Dr., proceeding then in an easterly direction to the eastern shoreline of the Flint River following the shoreline of the Flint River northward to the southern portion of Broad Ave., proceeding then easterly to the point of beginning.

CITY OF ALBANY

I do hereby certify that this is a true and correct copy.

GEORGIA LAWS 2004 SESSION

4729

sf Sue Hammond City Clerk Albany, GA

6/10/03 Date

Affidavit of Publication

Georgia, Dougherty County

Personally, appeared before the undersigned, an officer, authorized to administer oaths, Donna Gray, who being sworn, says that she is Retail Advertising Manager of The Albany Herald Publishing, Inc. a corporation with principal offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty County, Early County, Clay County, Calhoun County, Mitchell County, Decatur County, Baker County, Worth County, Lee County, Terrell County, Miller County, Randolph County, Turner County, Sumter County and Seminole County, and that the advertisement of AMEND CITY CHARTER, a TRUE COPY of which is affixed hereto, was published in The Albany Herald in all its editions for April 18, 25 & May 2, 2003.

s/ Donna Gray Donna Gray Retail Sales Manager

Sworn to and subscribed before me at Albany, Georgia this 13th Day of June, 2003.

s/ Annette Oliver Notary Public (SEAL)

NOTICEOFINTENTIONTOAMENDCHARTEROFTHECITYOFALBANY, GEORGIA BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS "THE MUNICIPAL HOME RULE ACT OF 1965"

Notice is hereby given that an ordinance will be introduced on April22, 2003, and read for final adoption on the 27th day of May, 2003, to amend the Charter of the City ofAlbany, Georgia, which was created by an act amended on August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to change the description of each of the six wards within the City of Albany.

A copy of this proposed amendment to the Charter of the City of Albany, Georgia is on file in the office of the Clerk of the City of Albany, and is on file in the office

4730

MUNICIPAL HOME RULE ORDINANCES

of the Clerk of the Superior Courts of Dougherty County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

This Ist day of April, 2003

AI Grieshaber, Jr. City Attorney City of Albany, Georgia

Filed in the Office of the Secretary of State June 30, 2003.

CITY OF CALHOUN- MUNICIPAL COURT; INCREASE FINE FOR CONTEMPT; REDUCE CONFINEMENT TIME FOR ORDINANCE
VIOLATIONS; APPOINTMENT AND DUTIES OF MINISTERIAL OFFICERS.

STATE OF GEORGIA COUNTY OF GORDON CITY OF CALHOUN

ORDINANCE NUMBER 754

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CALHOUN RELATING TO THE MUNICIPAL COURT SO AS TO INCREASE THE AMOUNT OF FINE FOR CONTEMPT; TO REDUCE THE PERIOD OF TIME OF CONFINEMENT AS PUNISHMENT FOR VIOLATION OF A MUNICIPAL ORDINANCE; TO PROVIDE FOR THE APPOINTMENT AND DUTIES OF THE MINISTERIAL OFFICERS OF THE MUNICIPAL COURT; TO PROVIDE FOR OTHER MATTERS RELATIVETHERETO;TOREPEALCONFLICTINGSECTIONSOFTHE CHARTER OF THE CITY OF CALHOUN; AND FOR OTHER PURPOSES.

WHEREAS, the City of Calhoun, Georgia is a municipal corporation of the State of Georgia (the "City") and operates pursuant to the Constitution and general laws of the State of Georgia and its Charter, approved April 8, 1983 (Ga. L. 1983, p. 4710, as amended); and

WHEREAS, the City has determined that it is necessary to make certain amendments to its Charter pursuant to its home rule powers granted pursuant to Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and Official Code of Georgia Annotated Sections 36-5-1 through Section 36-35-7;

NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF CALHOUN, GEORGIA, HEREBY ORDAINS:

GEORGIA LAWS 2004 SESSION

4731

Section 1: The Charter ofthe City ofCa1houn, Georgia, approved April8, 1983 (Ga. L. '1983, p. 4710, as amended) is hereby amended by striking from Article VI- Municipal Court, Section 6.04 (d), and inserting in lieu thereof the following:

"(d) When sitting in court, the chief judge or any associate judge thereof shall have the power to punish for contempt by fine not exceeding $1 ,000.00, by imprisonment not exceeding 30 days, or by one or both or any part thereof in the discretion of the presiding judge."

Section 2: The Charter of the City of Calhoun, Georgia, approved April8, 1983 (Ga. L. 1983, p. 4710, as amended) is hereby amended by striking from Article VI- Municipal Court, Section 6.04(g) and inserting in lieu thereof the following:

"(g) (1) Except as provided in paragraph (2) of this subsection the judge of the municipal court may fix as punishment for offenses within the court's jurisdiction a fine not exceeding $1 ,000.00, by imprisonment not to exceed six (6) months, by work in the public work gang on the public streets or on such public works as the authorities may employ the work gang not to exceed thirty (30) days, or by anyone or more of these punishments in the discretion of the presiding judge of the municipal court.

(2) In those cases where the municipal court has jurisdiction to try cases involving the violation ofstate law, the presiding judge will impose those penalties as provided by state law."

Section 3: The Charter of the City of Calhoun, Georgia, approved April8, 1983, (Ga. L. 1983, p. 4710, as amended) is hereby amended by striking from Article VI. Municipal Court, Section 6.05(a) and inserting in lieu thereof the following:

(a) The City Administrator shall appoint a clerk and such deputy clerks as deemed necessary to provide for the orderly and efficient administrative duties of the municipal court. The ministerial officers of the municipal court shall be the city marshal and such deputy marshals as appointed by the City Administrator with the advice and consent of the Mayor and Council. The city marshal and all deputy marshals shall be certified under the provisions of Chapter 8, Title 35 of the Georgia Code, "Georgia Peace Officer Standards and Training Act," The city marshal and deputy marshals shall attend regularly all sessions of the municipal court and are authorized to serve, in any matter prescribed by applicable law, .any process, summons, citation, notice or order on all persons when the paper to be served arises out of or relates to an activity or condition conducted or maintained by such person within the city limits in violation of an applicable law or ordinance

4732

MUNICIPAL HOME RULE ORDINANCES

and the paper to be served originates in or is issued under the authority of the judge of the municipal court or under the authority of any department head of the city.

Section 4: The effective date of this Ordinance shall be the date when a copy of these amendments are filed with the Secretary of State and in the office of the Clerk of the Superior Court of Gordon County, Georgia together with the affidavit and notice required under O.C.G.A. 36-33-5.

THE ABOVE AND FORGOING ORDINANCE was duly passed and approved two regular consecutive meetings of the Mayor and Council of the City ofCalhoun on April28, 2003 and May 26, 2003.

CITY OF CALHOUN, GEORGIA s/ James F. Palmer, Mayor
_ ATTEST:~s/ _______________________ Cathy Harrison, City Administrator/Clerk

GEORGIA, GORDON COUNTY

I CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF THE ORIGINAL WHICH APPEARS OF RECORD IN THIS OFFICE.

IN WITNESS WHEREOF, I HAVE THIS DAY 19 OF JUNE, 2003 AFFIXED THE CITY SEAL AND MY SIGNATURE.

s/Cathy Harrison CATHY HARRISON CITY CLERK CITY OF CALHOUN

STATE OF GEORGIA COUNTY OF GORDON

AFFIDAVIT REGARDING PUBLICATION OF NOTICE FOR AMENDMENT OF THE CHARTER OF THE CITY OF CALHOUN, GEORGIA UNDER THE PROVISIONS OF THE MUNICIPAL HOME RULE ACT OF 1965
Personally appeared before the undesigned officer, duly authorized to administer oaths, JOHN WILLIS, who, upon being duly sworn states:

GEORGIA LAWS 2004 SESSION

4733

I. I am Publisher of The Calhoun Times, the official organ of Gordon County, Georgia wherein the City of Calhoun is located.

2. A notice containing a synopsis of the proposed amendment to the Charter of the City of Calhoun, Georgia, was published in The Calhoun Times on May 7, 14, and 21, 2003 in the following form:

"NOTICE OF AMENDMENT TO CHARTER OF CITY OF CALHOUN

Pursuant to the provisions ofO.C.G.A. Section 36-35-3(b)(l) the Mayor and Council of the City of Calhoun are considering a proposed amendment to the Charter of the City of Calhoun, approved April 8, 1983 (Ga. L. 1983 p. 471 0), as amended, relating to the Municipal Court so as to increase the amount of time for contempt; To reduce the period of time of confinement as punishment for violation of a Municipal Ordinance; To provide for the appointment of court personnel and the appointment and duties of the ministerial officers of the Municipal Court; To provide for other matters relative thereto; to repeal conflicting sections of the Charter ofthe City ofCalhoun; and for other purposes.

Said proposed amendment shall be considered in an ordinance to be considered by the Mayor and Council, after public hearing, at two regular consecutive meetings of the Mayor and Council on April 28, 2003 at 7:00 o'clock p.m. and May 26, 2003 at 7:00 o'clock p.m. Each meeting to be held at the City Council Chambers at the Depot Community Room, I09 South King Street, Calhoun, Georgia.

A copy of said proposed amendment is on file in the office of the City Clerk, City Hall, 226 South Wall Street, Calhoun, Georgia 30701 and in the office ofthe Clerk of the Superior Court of Gordon County, Georgia for the purpose of examination and inspection by the general public.

CATHY HARRISON CITY CLERK/ADMINISTRATOR CITY OF CALHOUN, GEORGIA"

Further Affiant sayeth not.

4734

MUNICIPAL HOME RULE ORDINANCES

Sworn to and subscribed before me this l day of July, 2003.

S/ Dana Erwin NOTARY PUBLIC STATE OF GEORGIA AT LARGE MY COMM. EXPIRES July 27, 2004

S/ John Willis JOHN WILLIS, PUBLISHER THE CALHOUN TIMES CALHOUN, GEORGIA

CT524 NOTICE OF AMENDMENT TO CHARTER OF CITY OF CALHOUN

Pursuant to the provisions of O.C.G.A. Section 36-35-3(b)(l) the Mayor and Council of the City of Calhoun are considering a proposed amendment to the Charter of the City of Calhoun, approved AprilS, 1983 (Ga. L. 1983 p. 4710), as amended, relating to the Municipal Court so as to increase the amount of find for contempt; To reduce the period of time of confinement as punishment for violation of a Municipal Court; To provide for the appointment of court personnel and the appointment and duties of the ministerial officers of the Municipal Court; To provide for other matters relative thereto; to repeal conflicting sections of the Charter of the City of Calhoun; and for other purposes.

Said proposed amendment shall be considered in an ordinance to be considered by the Mayor and Council, after public hearing, at two regular consecutive meetings of the Mayor and Council on April28, 2003 at 7:00 o'clock p.m. and on May 26, 2003 at 7:00 o'clock p.m. Each meeting to be held at the City Council Chambers at the Depot Community Room, 109 South King Street, Calhoun, Georgia.

A copy of said proposed amendment is on file in the office of the City Clerk, City Hall, 226 South Wall Street, Calhoun, Georgia 3070 land in the office of the Clerk of Superior Court of Gordon County, Georgia for the purpose of examination and inspection by the general public.

3t-5-2l

CATHY HARRISON CITY CLERK/ADMINISTRATOR CITY OF CALHOUN, GEORGIA

Filed in the Office of the Secretary of State July 3, 2003.

GEORGIA LAWS 2004 SESSION

4735

CITY OF MACON- GENERAL EMPLOYEES RETIREMENT SYSTEM; COST OF LIVING ADJUSTMENTS.

Sponsor: Jim Lee

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND ARTICLE VII OF APPENDIX II OF THE CHARTER OF THE CITY OF MACON, RELATING TO THE GENERAL EMPLOYEES RETIREMENT SYSTEM SO AS TO PROVIDE FOR COST OF LIVING ADJUSTMENTS WITHOUT REGARD TO THE CONSUMER PRICE INDEX; AND FOR OTHER PURPOSES.

BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia, and it is hereby so ordained by the authority of the same that Article VII, Section 7-4 of Appendix II of the Charter of the City of Macon, relating to the General Employees Retirement System ( 1969 Ga. Laws, page 280 I) is amended pursuant to the authority granted to the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended O.C.G.A. Sec. 36-36-1 et. seq.) as follows:

Section 1

Section 7.4. of Article VII of the General Employee Retirement System is amended by deleting said Section 7.4 in its entirety and inserting in lieu thereof a new Section 7.4 to read as follows:

Sec. 7.4. Cost of living adjustment

Beginning sixty (60) days immediately following the effective date of this ordinance and each January 1 thereafter, all retired employees and beneficiaries thereof eligible to receive a monthly retirement payment shall receive an annual cost of living adjustment increase of 1.5% of their monthly retirement benefit, except that no such increase shall be effective as to any year for which such increase is disapproved by the governing body of the City of Macon, based on the financial soundness of the plan. The monthly retirement payment shall be adjusted by multiplying the amount of the monthly payment by 1.5%.

Section 2

The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of

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competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraph and sections of this Ordinance.
Section 3

All ordinances or parts thereof in conflict with provisions herein are hereby repealed.
SO ORDAINED this 1st day of July, 2003.

s/ ANITA J. PONDER President, City Council

SO APPROVED this 7th day of July, 2003.

s/ C. JACK ELLIS Mayor

SO ORDAINED this 15th day of July, 2003.
s/ ANITA J. PONDER President, City Council

SO APPROVED this 17th Day of July, 2003.
s/ C. JACK ELLIS Mayor
City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 7-1-2003. Witness my hand and seal of the City of Macon this 7-2-2003.
s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE July 2, 2003
RETURNED FROM MAYOR'S OFFICE July 8, 2003
11:15 AM

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City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City ofMacon, held 7-15-2003. Witness my hand and seal of the City of Macon this 7-16-2003.

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE July 16, 2003
RETURNED FROM MAYOR'S OFFICE July 17, 2003 10:15AM

I, John Pattan, Acting City Clerk of the City of Macon, Georgia, do hereby certify that the attached copy of the July 16, 2003 ordinance of the Mayor and Council of the City of Macon, Georgia, to amend Article VII of Appendix II of the Charter of the City of Macon, relating to the general employees retirement system so as to provide for cost of living adjustment without regard to the consumer price index, is a true and correct copy ofthe original on file in the City Clerk's Office, City Hall, Macon, Georgia.

Date: July 17, 2003

s/ JOHN PATTAN John Pattan
Acting City Clerk

STATE OF GEORGIA COUNTY OF BIBB

Personally appeared before me, a notary public within and for above state and county, Meschael Fields, who deposes and says she is the classified/legal supervisor for The Macon Telegraph and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as follows has been published in The Macon Telegraph on the following dates:

06/06/2003 06/13/2003 06/16/2003

149410 l #GEORGIA, BIBB COUNTY PUBLIC NOTICE-The City ofMacon proposes to amend Article VII, Section 7-4, Appendix II of the Charter of the City of Macon relating to the Macon Pension and Retirement Systems so as to provide for an annual 1.5% Cost of Living Adjustment without regards to the Consumer Price Index. The Proposed Charter amendment is available for public inspection in the Office of the City Clerk, City Hall, 700 Poplar Street, and the Office of the

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Clerk of Superior Court, Bibb County Courthouse, Mulberry Street, Macon, Georgia. #1494191: 6/6,13,16

SIGNED s/ Meschael Fields Sworn to and subscribed before me this 16 day of JUNE 2003

Notary Public s/ AMANDA D. OWENS SEAL

PUBLIC NOTICE

The City of Macon proposes to amend Article VII, Section 7-4, Appendix II of the Charter of the City of Macon relating to the Macon Pension and Retirement Systems so as to provide for an annual 1.5% Cost of Living Adjustment without regards to the Consumer Price Index. The Proposed Charter amendment is available for public inspection in the Office ofthe City Clerk, City Hall, 700 Poplar Street, and the Office of the Clerk of Superior Court, Bibb County Courthouse, Mulberry Street, Macon, Georgia.

Filed in the Office of the Secretary of State July 22, 2003.

CITY OF MANCHESTER- MAYOR AND COUNCIL; MEETINGS.
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF MANCHESTER, GEORGIA
TO AMEND THE CITY CHARTER
WHEREAS, the City ofManchester, Georgia was established by charter enacted by the General Assembly in Georgia Laws 1909, page 1071, as amended; and
WHEREAS, the City's charter provides that the City Council shall hold meetings at least twice monthly under Section 16, Ga. L. 1923, p. 16; and
WHEREAS, the City Council has determined that it is in furtherance of and in the interests of the health, safety and welfare of the public to amend the City Charter to hold meetings at least once monthly.
NOW THEREFORE, be it Ordained by the City Council of the City of Manchester, Georgia, and it is hereby ordained by the authority of the same that City Charter, Section 16, Ga. L., 1932, p. 16., also codified in the City Code of Ordinances as Section 2-108, is deleted in its entirety and replaced with the following:

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"Section 2-108. Meetings; minutes; votes; extra meetings.

The said council shall meet at least once each month at stated periods; shall keep minutes of their proceedings, and shall record all oftheir actions thereon. All votes shall be taken by "aye" and "nay" and shall appear in the minutes. The Council shall be required to meet at such times and as often in extra meetings as any two (2) of councilmembers or the mayor may designate of call."

First adoption being this 12th day of May, 2003 and second adoption being this 9th day of June, 2003 in duly assembled open session, and advertised in the legal organ on April23, 2003, April30, 2003 and May 7, 2003 as required by law.

SO ORDAINED upon second adoption.

CITY OF MANCHESTER, GEORGIA

Attest:

s/ DORSEY L. WILSON Mayor Dorsey L. Wilson

s/ BRUCE BURT Councilman Bruce Burt

s/ SOLOMON FERGUSON Councilman Solomon Ferguson

s/ ANTHONY D. CLIFTON Councilman Anthony D. Clifton

s/ K.ATHY M. STOREY City Clerk Kathy M. Storey

s/ TRAVIS FERGUSON Councilman Travis Ferguson

PUBLISHER'S AFFIDAVIT

I, Mike Hale, Publisher of the Manchester Star Mercury, do hereby certify that a display advertisement was published 4/23, 4/30 & 517/2003 concerning a Proposed Amendment to the Charter on Number of Meetings.

s/MIKE HALE Mike Hale, Publisher

s/ JAYNE U. GOLDSTON JAYNE U. GOLDSTON NOTARY PUBLIC

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Sworn to and subscribed before me this 23rd day of July, 2003. My commission expires 2/03/04. (SEAL)

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

The City Council of the City of Manchester, Georgia is considering the adoption of the following proposed amendment to the City Charter.

"Section 2-108. Meetings; minutes; votes; extra meetings.

The said council shall meet at least once each month at stated periods; shall keep minutes of their proceedings, and shall record all of their actions thereon. All votes shall be taken by "aye" and "nay" and shall appear in the minutes. The Council shall be required to meet at such times and as often in extra meetings as any two (2) of councilmembers or the mayor may designate of call."

The purpose of this amendment is to change the number of required monthly meetings. A copy of this proposed amendment is on file at City Hall in the City Clerk's office and the office of the Superior Court Clerk of Meriwether County for examination and inspection.

The first reading of the ordinance will be held at the Regular Council Meeting on May 12, 2003 and the second reading and adoption will be held at the Regular Council Meeting on June 9, 2003.

Kathy Storey City Clerk City of Manchester, Georgia

Filed in the Office of the Secretary of State August 6, 2003.

CITY OF MANCHESTER- MAYOR AND COUNCIL; COMPENSATION.
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF MANCHESTER, GEORGIA
TO AMEND THE CITY CHARTER
WHEREAS, the City ofManchester, Georgia was established by charter enacted by the General Assembly in Georgia Laws 1909, page I071, as amended; and

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WHEREAS, the City's charter specifies the compensation for the Mayor and Councilmembers; and

WHEREAS, the City Council has determined that it is in furtherance of and in the interests of the health, safety and welfare of the public to amend the City Charter to increase the Mayor's and member's compensation.

NOW THEREFORE, be it Ordained by the City Council of the City of Manchester, Georgia, and it is hereby ordained by the authority of the same that City Charter, Section 2-105, is deleted in its entirety and replaced with the following:

"Section 2-105. Mayor, member's compensation.

Each of said Councilmembers shall receive a salary of three hundred and twenty-three and 50/100 Dollars ($323.50) per month. The Mayor shall receive a salary of four hundred and four and 58/100 Dollars ($404.58) per month."

First adoption being this 14th day of April, 2003 and second adoption being this 28th day of April, 2003 in duly assembled open session, and advertised in the legal organ on March 26th, 2003, April 2nd, 2003 and April 9th, 2003 as required by law.

SO ORDAINED upon second adoption.

Attest:

CITY OF MANCHESTER, GEORGIA
sf DORSEY L. WILSON Mayor Dorsey L. Wilson

sf BRUCE BURT Councilman Bruce Burt

sf ANTHONY D. CLIFTON Councilman Anthony D. Clifton

sf SOLOMON FERGUSON Councilman Solomon Ferguson

sf KATHY M. STOREY City Clerk Kathy M. Storey

sf TRAVIS FERGUSON Councilman Travis Ferguson

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PUBLISHER'S AFFIDAVIT

I, Mike Hale, Publisher of the Manchester Star Mercury, do hereby certify that a display advertisement was published 3/26, 4/2 & 4/9/2003 concerning a Proposed Amendment to the Charter on Compensation.

s/MIKE HALE Mike Hale, Publisher

s/ JAYNE U. GOLDSTON JAYNE U. GOLDSTON NOTARY PUBLIC Sworn to and subscribed before me this 23rd day of July, 2003. My commission expires 2/03/04. (SEAL)

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER
OF THE CITY OF MANCHESTER, GEORGIA
The City Council of the City of Manchester, Georgia is considering the adoption of the following proposed amendment to the City Charter:

"Section 2-105. Mayor, member's compensation.

Each of said councilmembers shall receive a salary of three hundred and twenty-three and 50/100 Dollars ($323.50) per month. Each Mayor shall receive a salary of four hundred and four and 581100 Dollars ($404.58) per month."

A copy of this proposed amendment is on file at City Hall in the City Clerk's office and the office of the Superior Court Clerk of Meriwether County for examination and inspection.
The first reading of the ordinance will be held at the Regular Council Meeting on April 14, 2003 and the second reading and adoption will be held at the Regular Council Meeting on April28, 2003.

Kathy Storey City Clerk
City of Manchester, Georgia

Filed in the Office of the Secretary of State August 6, 2003.

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CITY OF THOMASTON- MAYOR AND COUNCIL; COMPENSATION.

ORDINANCE NO. 964

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF THOMASTON BY STRIKING SECTION 19 THEREOF, AND BY INSERTING, IN LIEU THEREOF A NEW SECTION 19 TO INCREASE THE SALARY OF THE MAYOR AND THE MEMBERS OF COUNCIL; TO REPEAL THE PORTION OF ANY OTHER CHARTER PROVISION AND OF ANY OTHER ORDINANCE IN CONFLICT HEREWITH; AND FOR LIKE PURPOSES.

*****************

WHEREAS, the City of Thomaston, Georgia, a municipal corporation of the State of Georgia (the "City'), operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved March 15, 1933 (Ga. L. 1933, p. 1070), as amended; and

WHEREAS, the City has now determined that it is necessary to make certain amendments to its Charter pursuant to its home rule powers granted pursuant to Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A. Section 36-35-1 through 36-35-8;

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Thomaston, Georgia, and IT IS HEREBY ORDAINED, by the authority of the same, as follows:

Section 1.

The Charter of the City ofThomaston, Georgia, which was established by an Act creating a new Charter for the City ofThomaston, Georgia, approved on March 15, 1933 (Ga. L. 1933, p. 1070), as amended, is hereby further amended by striking Section 19 thereof, and by inserting, in lieu thereof a new Section 19 to read as follows:

Section 19. Salaries of mayor and council members.

"The salary of the mayor shall be three thousand six hundred ($3,600.00) dollars per annum. The salary of the mayor pro tern shall be two thousand seven hundred ($2,700.00) dollars per annum, and the salary ofeach other member ofcouncil shall be two thousand four hundred ($2,400.00) dollars per annum. All of said salaries shall be paid monthly."

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MUNICIPAL HOME RULE ORDINANCES

SECTION 2.

The salaries enacted by this Ordinance shall be and become effective as of January I, 2004.

SECTION 3.

Each part of the Charter, any 9other amendments thereto, and any part of any ordinance in direct conflict herewith be and the same are hereby repealed.
*****************

This ordinance was introduced, read and adopted at a regular lawful meeting of the Mayor and Council of the City of Thomaston held on August 19, 2003, and read, passed, and adopted for the second and final time in like meeting held on September 2, 2003, and transmitted by me to the Mayor for his approval, on this 2nd day of September, 2003.

s/ Dennis Truitt CITY CLERK, CITY OF THOMASTON, GEORGIA

Approved by me and returned as "approved" to said City Council, in open meeting, this 2nd of September, 2003.

s/ Samuel A. Brewton. Sr. MAYOR, CITY OF THOMASTON, GEORGIA

CLERK'S CERTIFICATE

NOW COMES the undersigned Clerk of the City of Thomaston, Georgia (the "City"), keeper ofthe records and seal thereof, and certifies that the foregoing pages of typewritten matter constitute a true and correct copy of an Ordinance duly adopted b the City in public meetings properly and lawfully assembled on August 19, 2003, and September 2, 2003, in compliance with Official Code of Georgia Annotated Section 50-14-1, which meetings were open to the public and at which a quorum was present and acting throughout, the original of which Ordinance has bee entered n the official records of the City and is in my official possession, custody and control and that such Ordinance is in full force and effect as of the date herein below set forth.

This 2nd day of September, 2003.

[SEAL]

s/ Dennis Truitt Dennis Truitt, Clerk

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STATE OF GEORGIA COUNTY OF UPSON

Personally appeared before the undersigned attesting officer, Kathy Matthews, who, on oath deposes and says that she is the publisher of the newspaper known as The Thomaston Times, and that The Thomaston Times published on Wednesday of each week is the newspaper in which Sheriffs advertisements for Upson County are published. Further deposing, she says that as publisher of that newspaper, she is the person duly vested with authority to sign for that newspaper in all such matters and things as contained in this affidavit, and further says that the foregoing and attached Notice oflntention to Amend the Charter of the City of Thomaston, Georgia, was published in The Thomaston Times on August 13, 20 and 27,2003.

Ths 4th day of September, 2003.

s/ Kathy Matthews, Publisher

Sworn to and subscribed before me this 4th day of February, 2003.

Shirley S. Reeves Notary Public, Upson County, Georgia My Commission Expires: 7-21-07

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF THOMASTON, GEORGIA BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS THE "MUNICIPAL HOME RULE ACT OF 1965"

CITY OF THOMASTON, GEORGIA UPSON COUNTY

Notice is hereby given that an ordinance will be introduced on August 19, 2003, and read for final adoption on the 2nd day of September, 2003, to amend the Charter of the City of Thomaston, Georgia, which was created by an act dated March 15, 1933 (Ga. L. 1933, p. 1070), as amended, so as to increase the salaries of the Mayor and Council, and for like purposes.

A copy of this proposed amendment to the Charter of the City of Thomaston, Georgia, is on file in the office of the Clerk of the City of Thomaston, and is on file in the office of the Clerk of the Superior Court of Upson County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

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MAYOR & COUNCIL CITY OF THOMASTON, GA

August 13, 20, 27 -08-35-

Filed in the Office of the Secretary of State September 5, 2003.

CITY OF EAST POINT- ESTABLISHMENT OF LAW DEPARTMENT AND CITY CLERK DEPARTMENT.

AN ORDINANCE

035-03

STATE OF GEORGIA COUNTY OF FULTON

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAST POINT, GEORGIAPURSUANTTOTHEMUNICIPALHOMERULEACTOF 1965TO CHANGE THE CHARTER OF THE CITY TO PROVIDE FOR THE ESTABLISHMENT OF A LAW DEPARTMENT AND CITY CLERK DEPARTMENT; TO PROVIDE THAT THE LAW DEPARTMENT SHALL BE CONSTITUTED OF A CITY ATTORNEY AND OTHER ASSISTANT ATTORNEYS; TO PROVIDE THAT THE CITY ATTORNEY AND ASSISTANT CITY ATTORNEYS ARE APPOINTED BY COUNCIL; TO PROVIDE OTHER EMPLOYEES FOR THELAWDEPARTMENT ASAPPOINTEDBYTHECITY MANAGER;TOPROVIDETHATTHECITYCLERKDEPARTMENTSHALL BE CONSTITUTED OF A CITY CLERK AND ASSlSTANT CITY CLERK AND SUCH OTHER OFFICERS AND EMPLOYEES AS THE CITY MANAGER MAY DIRECT; TO PROVIDE FOR COMPLIANCE WITH THE HOME RULE ACT OF 1965, TO PROVIDE FOR ENROLLMENT, TO PROVIDE FOR AN EFFECTIVE DATE, TO REPEAL CONFLICTING LAWS, AND FOR OTHER PURPOSES.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EAST POINT, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME THAT:

An Act establishing a new Charter for the City of East Point approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) as amended, is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), as follows:

Section 1. Amend Charter Section 4-102 to read as follows:

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"The operation of city services shall be constituted of the following departments, finance, parks and recreation, community services, public works, public utilities, police, court, fire, human resources, economic development, law and city clerk."

Section 2. Insert Charter Section 4-113. Law Department to read as follows:

"The law department shall be constituted of a city attorney and assistant city attorneys as appointed by council. The city manager shall appoint any other employees or administrative personnel as deemed necessary."

Section 3. Insert Charter Section 4-114. City Clerk Department to read as follows:

"The city clerk department shall be constituted of a city clerk, assistant city clerk and such other officers and employees as the city manager shaH direct."

Section 4. The City Clerk of East Point, Georgia, is hereby authorized to publish a notice containing a synopsis of this proposed Ordinance in the official organ of Fulton County, Georgia, and in the official newspaper of the City ofEast Point once a week for three weeks within a period of sixty days immediately preceding the final adoption of this Ordinance. Said City Clerk shall further file a copy of this proposed Ordinance in the office of said clerk and in the office of the clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public. Said City Clerk is further directed to furnish anyone upon written request a copy ofthis proposed ordinance. Upon adoption ofthis Ordinance by the City Council, the City Clerk is instructed within thirty days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Geogia Laws thereafter.

Section 5. This ordinance shaH become effective upon its second adoption and approval by the Mayor.

Section 6. AU ordinances in conflict herewith are hereby repealed.

Section 7. Severability. In the event any section, subsection, sentence, clause or phrase of this Ordinance shall be declared invalid or unconstitutional, such adjudication shaH in no manner effect the previously existing provisions of the other sections, subsections, sentences, clauses or phrases of this Ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clauses or phrases so declared or adjudicated invalid or unconstitutional were not origina1ly a part thereof. The City Council hereby declares that it would have passed the remaining parts of this Ordinance or retained the previously existing provisions if it had known that such part or parts hereofwould be declared or adjudicated invalid or unconstitutional.

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First Adoption 8f5f2003 Second Adoption 8118f2003

APPROVED by the Mayor this 18th day of August, 2003.

sf PATSY J HILLIARD PATSY JO HILLIARD, MAYOR

ATTEST: sf BRENDA B. JAMES CITY CLERK

Personally appeared before the undersigned notary public, Brenda B. James, Clerk of the City of East Point, and after being duly sworn deposes and states under oath as follows: I am the City Clerk of the City of East Point, Georgia, and pursuant to my responsibilities as City Clerk and in compliance with the Municipal Home Rule Act of 1965, hereby certify that with respect to that Municipal Home Rule Ordinance adopted June 5, 1995, I have in proper and timely fashion transmitted a copy of the said ordinance and the publication notice for filing with the Clerk ofthe Superior Court of Fulton County, Georgia, for its inspection by the public, together with maintaining a copy of said ordinance in the office of the Clerk of the City of East Point for inspection by the public, together with providing for publication of the legal notice, a copy of with it attached hereto, and is further evidenced by an affidavit of the publishers.

Furthermore, in execution of the Affidavit, I am transmitting herewith a certified copy of the ordinance as adopted by the Mayor and Council of the City of East Point to the Secretary of State of Georgia for enrollment in Georgia Laws as provided in the Municipal Home Rule Act of 1965 as amended.
This 5 day of September, 2003.

sf BRENDA B. JAMES Brenda B. James, City Clerk

Sworn to and subscribed before me this 5th day of September, 2003.

sf BOBBIE JONES Bobbie Jones My Commission Expires June 24, 2006 Notary Public Henry County Georgia

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AFFIDAVIT OF PUBLICATION

I, Wade W. Stephens do solemnly swear that I am Advertising Director of the Marietta Daily Journal, Cherokee Tribune, and Neighbor Newspapers, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisement of:

CITY OF EAST POINT, for "Notice of Home Rule Ordinance" was inserted in the South Fulton Neighbor Newspaper on July 30, August 6, and August 13, 2003.

s/ WADE W. STEPHENS

Subscribed and sworn to before this 28th day of AUGUST 2003.

s/ ALICE F. DAVIS Notary Public, Cobb County, Georgia My Commission Expires August 20, 2004

NOTICE OF HOME RULE ORDINANCE As its regularly scheduled meeting on August 4, 2003 at 6:30 p.m. at 2777 East Point Street, East Point, Georgia the City Council of the City of East Point will consider for adoption an ordinance to amend the City Charter. The second and final reading of the Ordinance will be held on August 18, 2003 at 6:30p.m. A synopsis of the Ordinance is as follows:

ORDINANCE

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAST POINT, GEORGIA PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 TO CHANGE THE CHARTER OF THE CITY TO PROVIDE FOR THE ESTABLISHMENT OF A LAW DEPARTMENT AND CITY CLERK DEPARTMENT ANDCITYCLERKDEPARTMENT; TO PROVIDE THAT THE LAW DEPARTMENT SHALL BE CONSTITUTED OF A CITY ATTORNEY AND OTHER ASSISTANT ATTORNEYS; TO PROVIDE THAT THE CITY ATTORNEY AND ASSISTANT CITY ATTORNEYS ARE APPOINTED BY COUNCIL; TO PROVIDE OTHER EMPLOYEES FOR THE LAW DEPARTMENT AS APPOINTED BY THE CITY MANAGER; TO PROVIDE THAT THE CITY CLERK DEPARTMENT SHALL BE CONSTITUTED OF A CITY CLERK AND ASSISTANT CITY CLERK AND SUCH OTHER OFFICERS AND EMPLOYEES AS THE CITY MANAGER MAY DIRECT; TO PROVIDE FOR COMPLIANCE WITH THE HOME RULE ACT OF 1965, TO

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PROVIDE FOR ENROLLMENT, TO PROVIDE FOR AN EFFECTIVE DATE, TO REPEAL CONFLICTING ORDINANCES, AND FOR OTHER PURPOSES.

A copy of the proposed ordinance is on file and available for inspection in the office of the City Clerk and the office of the Clerk of Superior Court, Fulton County.

Brenda James City Clerk City of East Point 2777 East Point Street East Point, GA 3034

Filed in the Office of the Secretary of State September 11, 2003.

CITY OF MANCHESTER- ORDINANCES; PROCEDURE.
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF MANCHESTER, GEORGIA
TO AMEND THE CITY CHARTER
WHEREAS, the City of Manchester, Georgia was established by charter enacted by the General Assembly in Georgia Laws 1909, page 1071, as amended; and
WHEREAS, the City's charter provides that all ordinances shall be read at two separate meetings prior to adoption in accordance to Section 2-107 (Georgia Laws 1993, page 5475) and
WHEREAS, the City Council has determined that it is in furtherance of and in the interests of the health, safety and welfare of the public to amend the City Charter to allow adoption of ordinances upon submittal to the Council in writing.
NOW THEREFORE, be it Ordained by the City Council of the City ofManchester, Georgia, and it is hereby ordained by the authority of the same that City Charter, Section 2-1 07(a), is deleted in its entirety and replaced with the following:
"Section 2-107. PROCEDURE FOR ORDINANCES; QUORUM.
(a) Whenever any legislation shall be proposed, it shall be reduced to writing and brought before the Mayor and Council in the form of an ordinance. Ordinances shall be duly adopted by reading the short title thereof, by motion, and affirmative vote by a majority ofthe Council. In considering an ordinance, the Council shall have the authority to approve or disapprove, or amend the

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same. Ordinances shall become effective immediately unless a different date is established therein."

First adoption being this 14th day ofJuly, 2003 and second adoption being this 11th day of August, 2003 in duly assembled open session, and advertised in the legal organ on June 18, 2003, June 25, 2003 and July 2nd, 2003 as required by law.

SO ORDAINED upon second adoption.

CITY OF MANCHESTER, GEORGIA

ATTEST:

s/ DORSEY L. WILSON Mayor Dorsey L. Wilson

s/ BRUCE S. BURT Councilman Bruce Burt

s/ SOLOMON FERGUSON Councilman Solomon Ferguson

s/ ANTHONY D. CLIFTON Councilman Anthony D. Clifton

s/ KATHY M. STOREY City Clerk Kathy M. Storey

s/ TRAVIS FERGUSON Councilman Travis Ferguson

PUBLISHER'S AFFIDAVIT

I, Mike Hale, Publisher of the Manchester Star Mercury, do hereby certify that a display adv.ertisement was published 6/18, 6/25 & 7/2/2003 concerning a Proposed Amendment to the Charter on Number of Readings on Ordinances.

s/MIKE HALE Mike Hale, Publisher

s/JAYNE U. GOLDSTON JAYNE U. GOLDSTON NOTARY PUBLIC Sworn to and subscribed before me this 23rd day of July, 2003. My commission expires 2/03/04. SEAL

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MUNICIPAL HOME RULE ORDINANCES

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

The City Council of the City of Manchester, Georgia is considering the adoption of the following proposed amendment to the City Charter:

"Section 2-107. PROCEDURE FOR ORDINANCES; QUORUM.

(a) Whenever any legislation shall be proposed, it shall be reduced to writing and brought before the Mayor and Council in the form of an ordinance. Ordinances shall be duly adopted by reading the short title thereof, by motion, and affirmative vote by a majority ofthe Council. In considering an ordinance, the Council shall have the authority to approve or disapprove, or amend the same. Ordinances shall become effective immediately unless a different date is established therein."

A copy of this proposed amendment is on file at City Hall in the City Clerk's office and the office of the Superior Court Clerk of Meriwether County for examination and inspection.

A first reading of the ordinance will be held at the Regular Council Meeting on July 14, 2003 at 5:00p.m. and the second reading and adoption will be held at the Regular Council Meeting on August 11, 2003 at 5:00p.m.

Kathy Storey City Clerk
City of Manchester, Georgia

Filed in the Office of the Secretary of State October 30, 2003.

CITY OF NEWNAN-MAYOR AND COUNCIL MEMBERS; COMPENSATION; EXPENSE REIMBURSEMENT.
AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga. L. 1965, P. 298, 3) SO AS TO AMEND SECTION 2.3, COMPENSATION AND EXPENSES, OF ARTICLE II, CITY GOVERNMENT, OF THE CHARTER OF THE CITY OF NEWNAN, TO PROVIDE FOR THE SALARIES OF THE MAYOR AND COUNCIL MEMBERS; TO PROVIDE FOR THE REIMBURSEMENT OF EXPENSES INCURRED BY THE MAYOR AND COUNCIL IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES; TO PROVIDE FOR AN EFFECTIVE

GEORGIA LAWS 2004 SESSION

4753

DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

BE IT AND IT IS HEREBY ORDAINED by the Mayor and Council ofthe City of Newnan, Georgia, and by the authority thereof:

Section 1. An Act creating a new Charter for the City of Newnan, Georgia, effective July 1, 1987, (Ga. L. 1987 p. 5160), as amended, is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298 et. seq.) by deleting Section 2.3, Compensation and Expenses, of Article II, City Government, and by adding a new Section 2.3 to said Article to read as follows:

"Section 2.3. Compensation of mayor and councilmembers as fixed; expenses of office allowable.

(a) The mayor shall receive an annual salary and each councilmember shall receive such annual salary as shall be established by ordinance adopted in accordance with state law. Said salaries shall be paid in twelve ( 12) equal monthly installments on or before the last day of each month.

(b) In addition to their salaries, each councilmember may be reimbursed for actual out of pocket expenses incurred on behalf of the city as provided by ordinance.

Section 2. This ordinance shall become effective January I, 2004.

Section 3: Should any phrase, clause, or section of this ordinance be deemed unconstitutional by a court of competent jurisdiction, such determination shall not affect the remaining provisions of this ordinance, which provisions shall remain in full force and effect.

Section 4: All ordinances or resolutions, orparts thereof, which conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed.

DONE, RATIFIED and PASSED, by the City Council of the City ofNewnan,

Georgia, on a first reading this 13th day of May, 2003, and on a final reading this

the _ _ day of

, 2003, in regular session assembled.

ATTEST:
s/ DELLA HILL Deiia Hill, City Clerk

s/ L. KEITH BRADY L. Keith Brady, Mayor
s/ JOHN P. GOODRUM, JR. John P. Goodrum, Jr. Mayor Pro Tern

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MUNICIPAL HOME RULE ORDINANCES

REVIEWED:
s/ C. BRADFORD SEARS, JR. C. Bradford Sears, Jr., City Attorney
s/ W. DANNY LEWIS W. Danny Lewis, City Manager

s/ DR. PHILLIP G. SWORDS Dr. Philip G. Swords, Councilman
(Absent) Sidney Pope Jones, Jr., Councilman
(Absent) William Weston Arnall, Councilman

(Opposed) George B. Bradshaw, Councilman

s/ DR. DAVID IWAMOTO Dr. David Iwamoto, Councilman

DONE, RATIFIED and PASSED, by the City Council of the City of Newnan, Georgia, on a first reading this 13th day of May, 2003, and on a first reading this the 27th day of May, 2003, in regular session assembled.

ATTEST:
s/ DELLA HILL Della Hill, City Clerk
REVIEWED:
s/ C. BRADFORD SEARS, JR. C. Bradford Sears, Jr., City Attorney
s/ W. DANNY LEWIS W. Danny Lewis, City Manager

s/ L. KEITH BRADY L. Keith Brady, Mayor
s/ JOHN P. GOODRUM, JR. John P. Goodrum, Jr. Mayor Pro Tern
s/ DR. PHILLIP G. SWORDS Dr. Philip G. Swords, Councilman
s/ SIDNEY POPE JONES, JR. Sidney Pope Jones, Jr., Councilman
s/ WILLIAM WESTON ARNALL William Weston Arnall, Councilman

(Opposed) George B. Bradshaw, Councilman

s/ DR. DA VTD TW AMOTO Dr. David Iwamoto, Councilman

GEORGIA LAWS 2004 SESSION

4755

CLERK'S CERTIFICATION

hereby certify that the attached is a true and exact copy of Ordinance No. 2003-12 amending the Charter ofthe City ofNewnan to provide for salaries for the Mayor and Council of the City of Newnan and that they shall be entitled to receive their actual and necessary expenses and/or per diem in the performance of their duties in office, adopted by the Mayor and Council of the City of Newnan, :Jeorgia on May 27, 2003.

s/ DELLA HILL Della Hill, City Clerk

fhis the 29th day of May, 2003.

PUBLISHERS' AFFIDAVIT

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

May 24,31 and June 7

Sworn before me on this 29 day of October, 2003.

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

s/ SAM 0. JONES Sam 0. Jones, Publisher

NOTICE OF HOME RULE AMENDMENTS CITY OF NEWNAN, GEORGIA

CITY OF NEWNAN, COWETA COUNTY

NOTICE IS HEREBY GIVEN that an ordinance will be introduced and read for final adoption at 2:30 p.m. on the lOth day of June, 2003 so as to amend Section 2-30 Compensation of Council Members and Section 2-95, Compensation (Mayor); of Chapter 2, Administration, of the Code of Ordinances of the City of Newnan and that the Mayor and Council members shall be entitled to receive their actual and necessary expenses and/or per diem in the performance of their duties in office.

A copy ofthis proposed amendment to the Charter and Code ofOrdinances ofthe City of Newnan is on file in the Office of the Clerk of Newnan, and is on file in the

4756

MUNICIPAL HOME RULE ORDINANCES

office of the Clerk of Superior Court of Coweta County, Georgia, for the purpose of examination and inspection by the public, all as required by law.
Della Hill, City Clerk City of Newnan

Filed in the Office of the Secretary of State October 31, 2003.

CITY OF ROME - CHAIRMAN AND CHAIRMAN PRO TEMPORE OF CITY COMMISSION; CHANGE OF NAME. 2002-9-1 ADOPTED 9-3-2002
A HOME-RULE ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ROME, GEORGIA, AND PARTICULARLY SECTIONS 2-l(a), 2-7, 2-9 and 12-8(k) THEREOF; TO AMEND THE CHARTER OF THE CITY OF ROME TO CHANGE THE
NAME OF THE CHAIRMAN AND CHAIRMAN PRO TEMPORE OF THE ROME CITY COMMISSION TO MAYOR AND MAYOR PRO TEMPORE, RESPECTIVELY; TO REPEAL CONFLICTING PROVISIONS; AND FOR OTHER PURPOSES.
SECTION I:
BE IT ORDAINED by the Rome City Commission, and it is ordained by authority of the same, that the Charter of the City of Rome, Georgia, be amended to change all references to the chairman and chairman pro tempore of the Rome City Commission to Mayor and Mayor pro tempore, respectively. It is the intention of the Rome City Commission that said change be made for the purpose of changing the titles only and that there be no change whatsoever to the structure of government, the powers and duties of said offices or the powers and duties of the City Manager.
SECTION II:
BE IT FURTHER ORDAINED by the Rome City Commission, and it is ordained by authority of the same, that Section 2-1 (a) of the Charter of the City of Rome, Georgia, be amended to read as follows:
Section 2-1 Vesting of governing and legislative authority; commission members, eligibility, compensation, Mayor, legal process; election and terms.

GEORGIA LAWS 2004 SESSION

4757

(a) The governing and legislative authority of the city shall be vested in a commission of nine (9) members. Three (3) of said commissioners from each ward of the city shall be elected by a plurality of the consolidated vote of the entire city. The members of said commission shall have attained the age of twenty-one (21) years, and shall have been residents and citizens of said city for at least one (1) year next preceding their election. The members at the time of and during their continuance in office shall be bona fide residents and citizens of the city and the ward from which they are elected and must also at the time of their qualification for election have been a registered voter and elector ofthe city at least ninety (90) days prior to their qualification for election. Each member of said commission shall receive a salary of eight thousand four hundred dollars ($8,400.00) per annum (effective January 1, 1998). At their first meeting, or as soon thereafter as possible, the members of said commission shall elect one (1) of their members as Mayor, who shall receive a salary of one hundred ten (11 0) percent ofthe salary of a city commissioner (effective January 1, 1998), and one (1) as Mayor pro tempore. The Mayor, or in his absence, the Mayor pro tempore shall preside over the deliberations of the commission and shall have the right to vote on all questions; he shall preserve order and decorum at all meetings of the commission and shall enforce the rules of the body; and shall have power to punish all persons for contempt of such rules; and shall perform all other duties incident to his office. Service oflegal process directed to or against the city shall be served upon the Mayor.

SECTION III:

BE IT FURTHER ORDAINED by the Rome City Commission, and it is ordained by authority of the same, that Section 2-7 of the Charter of the City of Rome, Georgia, be amended to read as follows:

Section 2-7 Meetings, regulations, minutes, quorum, adopting vote.

The commission shall have power to fix regular meetings at such times as it may select by resolution; it may adopt such rules and regulations for control and guidance as it may see fit, with a right to change same at any time by a majority vote at two (2) separate meetings; or it may suspend such rules temporarily by unanimous consent. The commission may meet as often in extra session as the Mayor, or any two (2) commissioners, may designate or call, provided personal notice is given to each commissioner present in the city. Five (5) commissioners shall constitute a quorum at any meeting for the transaction of any business. It shall keep accurate minutes of its proceedings, and shall have all its acts and doings recorded thereon, and all votes taken shall be "aye" or "no," and shall be made to appear on the minutes. All meetings of the commission for the transaction of business shall be open to the public.

4758

MUNICIPAL HOME RULE ORDINANCES

SECTION IV:

BE IT FURTHER ORDAINED by the Rome City Commission, and it is ordained

by authority of the same, that Section 2-9 of the Charter of the City of Rome,

Georgia, be amended to read as follows:



Section 2-9 Legislative powers; passage of ordinances and resolutions.

The commission shall be vested with full legislative power. It may pass ordinances, adopt resolutions, levy taxes and provide for their collection, fix licenses and provide for their payment, and perform all legislative rights and powers incident to the government of the city. All ordinances and resolutions shall first be reduced to writing, and shall be acted on by the commission, which shall have authority to approve, disapprove or amend the same. A resolution may be passed at the time it is offered, but in no case shall an ordinance be put upon its passage until it has been read at two (2) different regular meetings on two (2) separate days. Five (5) members of the commission must vote affirmatively to pass any ordinance, resolution, or motion. Unless inconsistent with the provisions of this Charter or the Code of Ordinances passed thereunder, Robert's Rules of Order shall govern procedure before the commission. In case any proposed legislation is defeated or passed over the protest of the Mayor, he shall have authority within forty-eight (48) hours thereafter to suspend the operation of the same, and order a referendum thereon. The legislation shall be published in the official organ of Floyd County at least ten (l 0) days prior to said referendum.

SECTIONV:

BE IT FURTHER ORDAINED by the Rome City Commission, and it is ordained by authority of the same, that Section 12-8(k) of the Charter of the City ofRome, Georgia, be amended to read as follows:

Section 12-8 Improvements and assessments therefor.

(k) The Rome city commission, upon the passage of the resolution confirming and levying the assessments for the paving or otherwise improving the streets, avenues, alleys, lanes, or any parts thereofofthe city, may, by resolution, provide for the issuance ofbonds in the aggregate amount of such assessments remaining unpaid, bearing date fifteen (15) days after the passage of the resolution levying the assessments, and of such denominations as the commission may determine, which bond or bonds shall in no event become a liability of the City of Rome. The bonds shall be payable in equal annual installments over the same period of years, not less than two nor more than ten, as has been fixed and provided by the city commission for the payment of the assessments in installments. The bonds

GEORGIA LAWS 2004 SESSION

4759

shall bear interest at a rate not exceeding ten (10) percent per annum from their date until maturity, payable annually, and shall be designated as street improvement bonds, and shall, on the face thereof, recite the street or streets, part ofstreet or streets, or other public places for the improvement ofwhich they have been issued as herein provided, and that they shall be payable solely from assessments levied upon the lots and tracts ofland benefited by the improvement under authority of this act. The bonds shall be signed by the Mayor and attested by the secretary of the commission, and shall have the impression of the corporate seal ofsuch city thereon, and shall have interest coupons attached, and all bonds issued by authority of this act shall be payable at such place either within or without the State of Georgia as shall be designated by the Rome city commission. The bonds shall be sold at not less than par, and the proceeds applied to the payment of the contract price or other expenses of the improvements on which they are issued by the Rome city commission; or such bonds, in the amount that shall be necessary for that purpose, may be turned over and delivered to the contractor at par value in the payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for the improvements shall be sold or otherwise disposed of as the Rome city commission shall direct. The bonds shall be registered by the finance director in a book to be provided for that purpose, and certificates of registration by the finance director shall be endorsed upon each of the bonds. Such bonds may be validated by proceedings in the superior court held for that purpose, and shall be incontestable after such validation.

SECTION VI:

BE IT FURTHER ORDAINED that all Charter provisions, or parts ofprovisions, in conflict herewith be, and the same are, hereby repealed.

STATE OF GEORGIA FLOYD COUNTY:

I, Joseph F. Smith, certify that I am the Secretary for the Rome City Commission, and keep all the records of said Commission including the minutes. I hereby certify that the above ordinance is a true and correct copy passed by the Rome City Commission at a regular meeting held on Sept. 3, 2002 recorded on Minute BookA-K.

s/ JOSEPH F. SMITH SECRETARY ROME CITY COMMISSION

4760

MUNICIPAL HOME RULE ORDINANCES

CITY OF ROME CHARTER AMENDMENT

The Rome City Commission will consider an amendment to the City of Rome Charter to change the title ofthe Chairman of the Rome City Commission to Mayor and the title of Chairman Pro Tern to Mayor Pro Tern. This Amendment is scheduled for a vote at the Rome City Commission meeting on Tuesday, September 3rd at 7:00 p.m. in the City Commission Chambers of City Hall, 601 Broad Street, Rome, GA.

If adopted, this Charter Amendment would be a title change only. There will be no change whatsoever to the structure of government, the powers and duties ofsaid officers or the powers and duties of the City Manager. There will be no change in City of Rome election process.

Copies of this proposed Charter Amendment are available for public review at the office of the Rome City Clerk, 601 Broad Street and at the office of the Clerk of Floyd County Superior Court.

Joseph F. Smith City Clerk

AFFIDAVIT OF PUBLICATION

This is to certify that the attached advertisement for the City of Rome, Georgia was published in the AUGUST 8, 15 & 22, 2002 issues of THE ROME NEWS-TRIBUNE.

THE ROME NEWS-TRIBUNE is the official legal organ for Floyd County Published in Rome, Georgia, County of Floyd, State of Georgia

s/

EVELYN DAVENPORT

Signature

Classified Manager Title

Sworn to this 18 day ofNovember, 2003.

s/ STEPHANIE D. BANKS (Seal) Notary Public
My Commission Expires Oct. 9, 2006

Filed in the Office of the Secretary of State November 26, 2003.

GEORGIA LAWS 2004 SESSION

4761

CITY OF MCDONOUGH- CORPORATE BOUNDARIES; TERMS OF OFFICE; CODE OF ETHICS; POWERS AND DUTIES OF MAYOR; MAYOR PROTEM; RULES OF PROCEDURE; QUORUM AND VOTING; ORDINANCES; DEPARTMENT DIRECTORS; BOARDS, COMMISSIONS, AND AUTHORITIES; PAY PLANS; MUNICIPAL COURT; ELECTIONS; COUNCIL DISTRICTS; REMOVAL FROM OFFICE; PROPERTY TAX; OCCUPATION AND BUSINESS TAXES; CAPITAL IMPROVEMENTS BUDGET; AUDIT; SALE OF PROPERTY; EMINENT DOMAIN; BONDS.

STATE OF GEORGIA CITY OF MCDONOUGH

ORDINANCE NO. 03-09-08

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF MCDONOUGH, GEORGIA; TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; TO PROVIDE AN ADOPTION AND EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES.

WHEREAS, the duly elected governing authority of the City of McDonough, Georgia is the Mayor and Council thereof;

WHEREAS, the governing authority desires to amend various charter provisions; and

WHEREAS, the amendments contained herein would benefit the health, safety, morals and welfare of the citizens of the City of McDonough.

BE IT AND IT IS HEREBY ORDAINED by the Mayor and Council of the City of McDonough, Georgia, and by the authority thereof:

Section 1. That section 1.11 of the Charter of the City of McDonough, Georgia is hereby amended to read as follows:

"Section 1.11 Corporate boundaries.

fc) The botmdm ie:s uf the city, at aU time-s, :shall be :shovm <'II a mrrp f<' be 1 etainedpe1 mmre11tl-p i11 the office rYjthe city de1 k a11d f<' be desig1rated. 'Ci~r rYj McDmrot~gh, Gemgia. r Ph<'trYgl rrphic m (}thel C<'pie:s Oj~ttch metp tel tified by the de1k:shall be admitted a-s evidence ill aU C<'m t:s a11d:shah' have the jamej01a and effict m vrith the m iginal mrrp.

4762

MUNICIPAL HOME RULE ORDINANCES

(d) The Maym a11d Conncil may p1 ovithftn the 'em rmi1tg ifmry 5nc!r map. 1f 1ern aMr map shallsnpe!5edefm altpmpous the em lie1 map 01 map5 ~hich it i:t
titt:.~ if'JJ.dfPii (I} J PJh)Jr.P "

"Section 2.11 Terms and qualification for office.

Except as otherwise provided for their initial terms, the members of the governing body shall serve for terms of twrr-flj four (4) years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he shall have been a resident ofthe cityfor a period ofone (1) year immediately prior to the date ofthe election ofthe mayor or members ofthe council and shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections ofthis city."

Section 4. That section 2.15 of the Charter of the City of McDonough, Georgia is hereby amended to read as follows:

"Section 2.15 Code ofethics.

The mayor and council may enact by ordinance a code of ethics which shall apply to all elected officials, appointed officers and employees ofthis city."

Section 5. That section 2.19 of the Charter of the City of McDonough, Georgia is hereby amended to read as follows:

"Section 2.19 Powers and duties ofmayor.

(2) shall preside at all meetings ofthe mayor and council mrd ~ote in the oent
ofa tie rote among the comrcit', mrd ~otepm :Jnant to thep1 o vi5iom <if8ectimr2.24;
(3) ~JwH appoint and1 emo re all office; :5, depm tment head!>, mrd empt'oyees o~ dry by wrd ~ith tfre come11t ofcmmcit except as othe1 ~iu p1 ot!idedfo; in this
I Mi11 t.. l
(5) 5hall p1 epm e and snhmit to the conncil a 1ecommended ammal ope; ating hndget wrd; ecomme11ded capital hndget,
f6) Jhall snhmit to the conncit at {ea5t once a yea; a stateme11t cove; ing the financial cmrditiom ofthe city andfi om time to time snch othe; i;tfo; mation as the cmmcil ma v ;ecme5t.

Section 6. That section 2.20 of the Charter of the City of McDonough, Georgia is hereby amended to read as follows:

GEORGIA LAWS 2004 SESSION

4763

"Section 2.20 Mayor protem; selection; duties.

Following any induction ofnew members, the mayor and council shall elect by majority vote from among its members a mayor pro tern who shall assume the duties andpowers ofthe mayor upon the mayor's disability or absence. The mayor pro tern shall servefor a term ofone (1) year and until his successor is elected and qualified. The mayor and council shall elect an acting mayorpro temfrom among its membersfor any period in which the mayorpro tern is disabled, absent or acting as mayor. Any such absence, action or disability shall be declared by majority vote ofall members of the mayor and council. 11

Section 7. That section 2.21 of the Charter of the City of McDonough, Georgia is hereby amended to read as follows:

"Section 2.21 Organization meeting.

fa) The mayor and council shall meet for organization on the first scheduled meeting in January nextfollowing the city election. The meeting shall be called to order and the oath ofoffice shall be administered to the newly elected members as follows:

(b) FoUrming the indnctimr &jmembel~, the cotmcil by majm i(~ rote ofaH the membe; ~ tfre1 eoj!>halt' elect one oftheil nnmbe1 to be maym p1 o tem. The ma.~m p1 o tem !>hall 3el refm a te1 m ofmre (}) yem and ttntil lti!> 3ttCCd301 i3 elected and qttalified. 11

Section 8. That section 2.23 of the Charter of the City of McDonough, Georgia is hereby amended, with remaining subsections to be renumbered accordingly, as follows:

"Section 2.23 Rules ofprocedure.

The mayor and council :rhttH may adopt its rules of procedure and order of business consistent with the provisions ofthis charter and :rhttH may provide for keeping a journal of its proceedings v~hich shall be a pttblic 1epm t. 11

Section 9. That section 2.24 of the Charter of the City of McDonough, Georgia is hereby amended, with remaining subsections to be renumbered accordingly, as follows:

"Section 2.24 Quorum; voting.

(a) For transaction ofall business, except as otherwise provided in this Charter act, the mayor and three (3) cottncilmen councilpersons shall constitute a quorum.

4764

MUNICIPAL HOME RULE ORDINANCES

The vote of four (4) cotmcit'men councilpersons shall decide any question. Alternatively, the vote ofthree (3) cotmcibnen councilpersons v~ith th~ u"11 .w ...... ,.
ofand the mayor shall decide any question.
(b) Voting on the adoption of ordinances shall be taken by voice or electronical~v. The ayes and nays shall be recorded in the minutes, but the mayor
or any member ofthe council shall have the right to request a roll-call vote, except as otherwise provided in this Charter. 11

Section 10. That section 2.25 ofthe Charter of the City ofMcDonough, Georgia is hereby amended, with remaining subsections to be renumbered accordingly, as follows:

"Section 2.25 Actions 1eattilim: an by ordinance.

(a) Except as herein provided, every official action ofthe mayor and council which is to become law~ may be by ordinance or resolution. Each proposed ordinance or resolution~ may be introduced in writing and in theform required for final adoption. No 01 dinance !>ha{{ cmztain a snbjec; v~hic!z i!> not up1 eS!>ed ill itt-titk-: The enacting clause ~ may be: 'Be it ordained by the Mayor and Council ofthe City ofMcDonough and it is hereby ordained by authority thereof.. ' and every ordinance ~ may so begin.
(b) An ordinance may be introduced by any member ofthe council, the mayor, any city staff member, the city administrator or the city attorney and read and adopted at a regular or special meeting of the mayor and council. Ordinances ~may be considered and adopted or rejected by the council in accordance with the rules which it~ may establish. Upon adoption ofany ordinance, the clerk may, as soon as reasonable, file a reasonable number ofcopies in the office ofthe clerk and at such other public places as the council may designate. 11

Section 11. That section 2.26 ofthe Charter of the City ofMcDonough, Georgia is hereby amended, with remaining subsections to be renumbered accordingly, as follows:
"Section 3.10 Administrative and service departments.

(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 mrz.ym- city administrator, be responsible for the administration and direction ofthe affairs and operations ofhis department or agency.
(e) All di1 ectms nnde1 the snpe1 vi!> ion ryfthe maym !>hall be nominated by the ma.rm vvith co1tji1 mation r>jappointment by the conneil. The maym may snspemi "' ; Ellm ve dil ec:tm ~ rmde1 his .!ttlJel visimz. The di1 ectm ill volvedma r armeal to the

GEORGIA LAWS 2004 SESSION

4765

cmmcit' r~ho, aft~! a: h~m i1rg, may M~ll ide th~ maym ~ action by a rote offiJw (4j
conneil' m~mb~; s."

Section 14. That section 3.11 ofthe Charter of the City of McDonough, Georgia is hereby amended to read as follows:

"Section 3.11 Boards, commissions and authorities.

(e) No m~mb~1 ofa bomd, commi:J:Jimz m anthm ity :Jhall m:Jnm~ office nntit' h~ ha:J ~x~cnt~d aitdfU~d v~ith th~ d~1 k O"j th~ cit.~ an oath obligatil'tg lzims~lf to
faithfnl(~ and impm tiaUy p~rfm 111 th~ dnti~:J of his 6ffice, snch oath to b~
admilti:Jt~l ~d by th~ maym. (e) Any member ofa board, commission or authority ofthe city may be removed
from office for cause by a majority vote offon; (4j m~mb~1 :5 of the mayor and
council.
If
Section 15. That section 3.17 of the Charter ofthe City of McDonough, Georgia is hereby amended to read as follows:
"Section 3.17 Position classification and pay plans.
The mr:rym- city administrator may be responsible for the preparation of a position classification and pay plan which shall be submitted to the mayor and councilfor approval. Said plan may apply to all employees ofthe city and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted, the mayor and council shall not increase or decrease the salaries ofindividual employees except by amendment ofsaid pay plan. For purposes of this section, all elected and appointed city officials are not city employees."
Section 16. That section 4.12 ofthe Charter of the City of McDonough, Georgia is hereby amended to read as follows:
"Section 4.12 Jurisdiction.
The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of$1,000.00 or imprisonmentfor not more than H six months or both such fine and imprisonment or mayfix punishment byfine, imprisonment, or alternative sentencing as now or hereafter provided by law. The city is expressly authorized to contract with Henry County or any otherjurisdiction or entityfor the detention ofcity prisoners."

4766

MUNICIPAL HOME RULE ORDINANCES

Section 17. That section 4.14 ofthe Charter of the City ofMcDonough, Georgia is hereby amended to read as follows:

"Section4.14 Vacancy in office.

In the event ofabsence, sickness or disqualification ofthe judge or vacancy in such office, a judge pro tempore appointed by the mayor and council, the mayor, or any member of the council designated by the mayor, may preside over the municipal court and hear and try all cases therein, and in the performance ofsaid office shall be clothed with the same powers and authority as are granted to the judge under this charter and the laws of the State of Georgia. The mayor and council is empowered to provide for the compensation of any such person appointed to preside over said court as herein provided. "

Section 18. That section 5.10 ofthe Charter ofthe City ofMcDonough, Georgia is hereby amended to read as follows:

"Section 5.10 Applicability ofgeneral law.

All elections, including special elections, shall be held and conducted in accordance with the Gemgia hft:micipal Election Code, Title 34A ifthe Code of Gemgia if1933 (Ca. Lav~;, 1968, p. 885) fO.C.G.A. Title 21, Ch. 3} applicable provisions of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended, and any other applicable law. "

Section 19. That section 5.11 ofthe Charter ofthe City of McDonough, Georgia is hereby amended, with remaining subsections to be renumbered accordingly, as follows:

"Section 5.11 Election ofmayor and council.

(a) On thefi;;, t Wedne3day o}Decembe1, }982 election day providedfor by State Law in November of2005, there shall be an election for the Mayor and tlu ee (Jf conncilmen, one at-large councilperson, and councilpersons for Wards One and Two. At such election, the Mayor and one conncilman at-large councilperson shall be elected by plurality vote by all the qualified voters within the City for a term of twrrf2} four (4) years and until the election and qualification ofa successor. At such election, the conncibnen councilpersons in di3tl ids } a11d 2 for Wards One and Two shall be elected by plurality vote by all the qualified voters within each conncil disttict respective Ward ofthe Cityfor a term oftwo-(2}four (4) years and until the election and qualification ofa successor.
(b) On thefi; st Wedmsday ()fDecembe1, 1982 election day providedfor by State Law in November of2003, there shall be an election for th1 ee (3) conncilmt:n one at-large councilperson and councilpersons for Wards Three and Four. At such

GEORGIA LAWS 2004 SESSION

4767

election, the one conncilman at-large councilperson shall be elected by plurality vote by all the qualified voters within the City for a term oftwo-fZf four (4) years and until the election and qualification of a successor. At such election, the councilpersons for Wards comzcihnen i11 di:1t1 ict;<; 3 mzd 4 Three and Four shall be elected by plurality vote by all the qualified voters within each conned di:1t1 ict respective Ward of the City for a term of two-fZ7 four (4) years and until the election and qualification ofa successor.
(c) The te11m af office of the may01 and conlzcitmw elected m p1 o vided in section 5. JJ(a) shall begin on Jmmary 1, 1983, mzd the teum o-foj:fia ofthe th1 ee (3) conncit'men elected a;<; p1 ovidedi11 section 5. h'(b) 3haHbe digible to holdojjia nntil they have takw the oath rifoj:fia as p1orided i11 section 2.21(a) of this chm tel."

Section 20. That section 5.12 ofthe Charter of the City of McDonough, Georgia is hereby amended to read as follows:

"Section 5.12 Special elections; vacancies.

In the event that the office ofmayor or any council member shall become vacant for any cause whatsoever, the mayor and city council or those remaining shall order a special election to jill the balance of the unexpired term ofsuch office; provided, however, ifsuch vacancy occurs within six (6) months ofthe expiration ofthe term of that office, the mayor and council or those remaining shall not be required to call an election to jill the vacancy. Special elections Jha{{ be he{d and
conducted i11 acc01 dana vrith the Gem gia Mtmicipal Election Code, Title 34A of
the Code (![Georgia afl933 (Ga. Laws 1968,p. 885) fO.C.G.A. Title 21, Ch. 3}, m no vr 01 lu1 eajte1 ame11ded. "

Section 21. That section 5.14 of the Charter of the City ofMcDonough, Georgia is hereby amended to read as follows:

"Section 5.14 City council districts; adjustment ofdistricts.

(a) There shall be four (4) city council districts. (b) The city comzcil shaH appoi11t six (6) persmzs vrho me qnalified vote1s fm
the d-ection rif maym and conncilmen who shall comp1 ise the dist1 icting
col1lllliJJ ion. The mte1:1 choun shaH not be emplvyed by the cdy i12 any othm capacity. (c) Five (5) mo11thsp1op1 to t;\e election in Deambe1, 1982, and witlzi11 one 91) yem of the official pnbt'ishing of tfze U11ited State;<; decennial amns the1 eajte1 Oze di:1 t1 icting commissimz J!mH file vritfz the city cle1 k a 1epm t containi11g a ncomme11ded plan fm adjNJtmmt af Oze city crmncil di:1t1 ict bonndm ie;<; to comply vrith theu ;<;pecification;<;.

4768

MUNICIPAL HOME RULE ORDINANCES

(}) Eadl dist1 ict 3hah' be fm med ofcrmrpact, amtignons te1 1itory, a:s neatly t ectangnlnt a3 i3 pv33ibl-e, and itJ bonndmy line3 3hallfolfrm the antet lines of:stt eetJ vi othei v~eh' defined bonndm ies.
(2) Each di3ti ict Jl~ah' contain aJ 11ea1 ry a3 p033ible the 3ame ilttlilbet of
peopl-e vrith the lr11gest di3ti ict 110t diffei ing in popnlatio11 by mOte than HJ pet ce11t ofthe peopl-e i11 the smah'e3t distt ict n eated. (3) The i ep01 t 3haU i11dnde a map a11d de3et iptio11 ofthe di3tt ictJ a11d :shaH be jil'ed witfz the ct'ei k. The mcryoi and contlcil shall ha t~e the anthot ity to dzange, at'tet, 01 amend any 3ttdrpi'tzil and3hai'-lhat~e the anthmity to dtafta
new pi'nn. Ail}' pi'a11, npo11 appi oval by the mayoi a11d comrcit', :shah' be int1 odnced by a membe1 ot membets ofthe con11cil as a11 01 di11a11ce a11dJhall
be adopted a3 a11 01 dinatrce ptttJttallt to the pt Misioll3 ofthi3 chat tet.
(d) The city conllcilshaU adopt the vi a'i11ance at t'ea3t 9e days befm e the next
1 egnlm city et'ectioll.
(e) The new city con11cil di.!tt icts a11d bonndm ies as &/the date ofenactmeilt, shaH 3npet ude p1 e t~ions city cott11cil diJ 11 icts a11d bomrdat ie3 fot aU the pmpous tJ.J"the next t egt~t'tzi city et'ectioll. The ne vv diJtlictJ a11d bomrdat ies_
3haU snpet Jede pte ~ion:s distt ictJ and bomrdat iesfm aU othe1 pmposes as of
the date on v~hich aH comrcilmembei J elected at tlzat t et' tll'at citv el-ection take
office.,

Section 22. That the text of section 5.15 of the Charter of the City of McDonough, Georgia is hereby deleted and that section reserved.

Section 23. That section 5.17 ofthe Charter of the City ofMcDonough, Georgia is hereby amended to read as follows:

"Section 5.17 Procedure for removal.

Removal of an above described officer may be accomplished by one of the following methods:
(a) By majority vote ofthe mayor andftrH council after an investigative hearing, the officer to be removed not voting ifhe is the mayor or a member ofthe council.
In the event an elected officer is sought to be removed by the action ofthe mayor and council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than 10 days after the service ofsuch written notice. Any elected officer sought to be removedfrom office as herein provided shall have the right of appeal from the decision ofthe mayor and council to the Superior court ofHenry County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. . ... "

Section 24. That section 6.10 ofthe Charter of the City ofMcDonough, Georgia is hereby amended to read as follows:

GEORGIA LAWS 2004 SESSION

4769

"Section 6.10 Property tax.

The mayor and council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits ofthe 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 of principal and interest on general obligations; and for any other public purpose as determined by the mayor and council in its discretion."

Section 25. That section 6.12 ofthe Charter of the City ofMcDonough, Georgia is hereby amended to read as follows:

"Section 6.12 Occupation and business taxes.

The mayor and council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by gwe1at' :5tate applicable law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The mayor and council may classify businesses, occupations, professions or callings for the purpose ofsuch taxation in any way which may be lawful and compel the payment ofsuch taxes as provided in this Article. "

Section 26. That section 6.25 ofthe Charter ofthe City ofMcDonough, Georgia is hereby amended, with remaining subsections to be renumbered accordingly, as follows:

"Section 6.25 Capital improvement budget.

The maym- city administrator may submit to the mayor and council a proposed capital improvements budget with his recommendation as to the means offinancing the improvements proposed for the ensuing fiscal year. The mayor and council shall have power to accept with or without amendments or reject the proposed program and proposed means offinancing. The mayor and council shall not authorize an expenditure for the construction ofany building, structure, work or improvement unless the appropriationsfor such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of the city's inhabitants, provided that such authorization is passed by a two-thirds (213) vote ofthe membem'1ip OJ'the mayor and council.
(b) No appropriation providedfor in the capital improvements budgetshall/apse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the maym- city administrator may submit amendments to the capital improvements budget, accompanied by his

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MUNICIPAL HOME RULE ORDINANCES

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 ofthe mayor and council. "

Section 27. That section 6.26 of the Charter of the City ofMcDonough, Georgia is hereby amended to read as follows:

"Section 6.26 Independent audit.

There shall be an annual, independent audit of all city accounts, funds and financial transactions by a qualified public accountant selected by the mayor and council. The audit shall be conducted according to general~v accepted governmental accounting principles. Any audit ofanyfunds by the state orfederal governments may be accepted as satisfying the requirements of this Charter. "

Section 28. That section 6.29 of the Charter of the City ofMcDonough, Georgia is hereby amended to read as follows:

"Section 6.29 Sale ofcity property.

The mayor and council may sell and convey any real orpersonalproperty owned
or held by the cityfor governmental or otherpurposes as provided by general state
law, Chapter 37 ofTitle 36 ofthe Official Code ofGeorgia Annotated, or any other
applicable law m ;mvr 01 i'-ate; -amemfed by sectiol! 69-318 o{the 1933 Code of
r;,.,,r>i.> fr;., r..nb.l !97ft , 1SAJ rnrr;A .'W. 1ft-17-ft7''

Section 29. That section 7.I 0 of the Charter of the City of McDonough, Georgia is hereby amended to read as follows:

"Section 7.10 Eminent domain.

The mayor and 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, electric12l 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
chapte1 36-282 of the Gemgi-a Corle Titles 22 and 32 of the Official Code of
Georgia Annotated, subject to such amendments as shall be enacted, or any other r;,.," ";,, law applicable now or provided in the future. "

Section 30. That section 7.12 ofthe Charter of the City of McDonough, Georgia is hereby amended to read as follows:

GEORGIA LAWS 2004 SESSION

4771

"Section 7.12 Official bonds.

The officers and employees ofthe city, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the mayor and council shall from time to time require by ordinance or as may be provided by state law. "

Section 31. The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set out herein.

Section 32. This Ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City of McDonough.

Section 33. (a) It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional.
(b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance.
(c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgement or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.

Section 34. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.

Section 35. Penalties in effect for violations of the Code of Ordinances, City of McDonough, Georgia at the time ofthe effective date ofthis Ordinance shall be and are hereby made applicable to this Ordinance and shall remain in full force and effect.

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MUNICIPAL HOME RULE ORDINANCES

Section 36. The effective date of this Ordinance shall be the date of adoption unless otherwise specified herein.

ORDAINED this 8 day of September, 2003.

MAYOR AND COUNCIL CITY OF MCDONOUGH, GEORGIA

ATTEST:

sf RICHARD CRAIG RICHARD CRAIG, Mayor

sf EVELYN CRAIG EVELYN CRAIG, City Clerk

APPROVED AS TO FORM:

sf DAVID P. BRENSKELLE DAVID P. BRENSKELLE, City Attorney

CERTIFICATION

I hereby certify that I am an officer ofthe public entity shown below, that I hold the title indicated, and the official custodian of the document certified herein. The attached Ordinance ofthe City of McDonough to amend the Charter; to provide for repeal of conflicting ordinances and resolutions; to provide an adoption and effective date; and to provide for other lawful purposes is a true, correct and accurate copy.

s/ EVELYN CRAIG Evelyn Craig, City Clerk City of McDonough

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

sf BRENDA V. ITER Notary Public, Henry County, Georgia My Commission Expires June 19, 2005

NOTICE OF CHARTER AMENDMENT

Notice is hereby given by the Mayor and Council of the City ofMcDonough that the City Council at its regular meetings on the 18th day of August, 2003, and the

GEORGIA LAWS 2004 SESSION

4773

8th day ofSeptember, 2003, in the McKibben Chambers which serves as the Mayor and Council meeting room on the second floor of McDonough City Hall located at 136 Keys Ferry Street, McDonough, Georgia 30253, shall consider and adopt an amendment to the Charter of the City ofMcDonough, Georgia to amend numerous provisions, and for other lawful purposes.

Copies of the proposed ordinance are at City Hall and at the office of the Clerk of the Superior Court ofHenry County, and may be reviewed by any person during normal business hours.

THE CITY OF MCDONOUGH EVELYN CRAIG, CITY CLERK

Aug-22,29/Sept-5,2003-2295

State of Georgia County of Henry

Personally appeared before the undersigned, Linda Brooks, who after being first duly sworn states that she is the legal clerk for the Daily Herald, official legal organ ofHENRY COUNTY, GEORGIA, and that upon her own personal knowledge she knows that the advertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates:

Aug 22, 29/Sept. 5, 2003

s/ LINDA BROOKS Affiant

Sworn to and subscribed before me this 15 day of Sept, 2003

s/ KATHERINE A. CASE Signed Katherine A. Case, Notary Public My commission expires October 4, 2003

Filed in the Office of the Secretary of State December 16, 2003.

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MUNICIPAL HOME RULE ORDINANCES

CITY OF GAINESVILLE - ROAD IMPROVEMENTS

Filed in Clerk's Office 11114/2993

Published

11116/2003

Published

11123/2003

Published

11/30/2003

First Reading

12/02/2003

Passed

12116/2003

AN ORDINANCE

HR-2003-04

AN ORDINANCE TO AMEND CHAPTER 4 ENTITLED "FINANCIAL AND FISCAL ADMINISTRATION" OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA, AS AUTHORIZED BY THE OFFICIAL CODE OF GEORGIA 36-35-3; BY AMENDING SECTION 4.19 TO PROVIDE THAT THE CITY COUNCIL SHALL HAVE THE AUTHORITY TO FUND ROAD IMPROVEMENTS NOT EXCEEDING ONE THOUSAND (1,000) FEET; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GAINESVILLE, GEORGIA AS FOLLOWS:

SECTION I.

Section 4.19 of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows:

Section 4.19. Proportion of paving costs.
The lots, pieces or parcels of lands fronting and abutting upon both sides of said improvements shall be charged with the cost thereofaccording to the just pro rata of the entire cost of said improvements for said frontage, provided that the frontage of intersecting streets, avenues, Janes or alleys shall be assessed as real estate abutting upon the street, avenue, lane or alley to be paved, or otherwise improved, and the municipal corporation shall be for all intents and purposes of these paving provisions of this act the owner or legal representative of real estate abutting on any street, avenue, lane or alley, shall possess the same rights and privileges as other owners of real estate abutting on any such street, avenue, lane or alley, and the council shall pay from the city treasury the just pro rata of the entire cost of said work or improvement for the said frontage. It is further

GEORGIA LAWS 2004 SESSION

4775

provided that in the event the city receives a federal or state grant for such improvements, the city council shall have the power to relieve the owners of the lots, pieces or parcels of land fronting and abutting upon both sides of said improvements to the extent the grant will cover the entire cost of said improvements. Further, it is provided that in the event the city has sufficient funds and/or SPLOST funds to pay for improvements which do not exceed one thousand (1 ,000) feet, the city council shall have the authority to relieve the owners ofthe lots, pieces or parcels ofland fronting and abutting upon both sides of said improvements to the extent said funds will cover the cost of said improvements.

SECTION II.

All Ordinances and parts of Ordinances in conflict herewith are hereby repealed.

SECTION III.

If any portion of this Ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional.

SECTION IV.

This Ordinance is enacted as an amendment to the 1979 Charter Laws of the City of Gainesville, Georgia.

SECTIONV.

The effective date of this Ordinance shall be upon approval by the City Council of the City of Gainesville.

CERTIFIED COPY OF ORDINANCE

STATE OF GEORGIA COUNTY OF HALL

This is to certify that I am City Clerk of the City Council of the City of Gainesville. As such, I keep its official records, including its minutes, and in that capacity do certify that this is a true and correct copy of Ordinance Number HR2003-04.

The incumbent officer or officers authorized to execute the instruments referred to are the Mayor and Council, each now being in office and fully powered so to act.

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MUNICIPAL HOME RULE ORDINANCES

Witness of my official signature and seal this 16th day of December, 2003.
s/ DENISE 0. JORDAN Denise 0. Jordan City Clerk (Seal)

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF HALL.

Before me the undersigned, a Notary Public, this day came Norma A. Chandler, who, being first duly sworn, according to law, says that she is an agent of The Times, the official newspaper in which the Sheriffs advertisements in and for the City of Gainesville and the County of Hall are published, and a newspaper of general circulation, with its principal place of business in said County, and that the attached copy of the notice that the Charter Laws of the City of Gainesville, Georgia are to be amended as provided in Exhibit "A", attached hereto and by reference made a part hereof, was published once a week for three (3) weeks on the following days:

Nov. 16, 23 & 30 of2003
THE TIMES By: s/ NORMA A. CHANDLER Title: Legal Representative

Sworn to and subscribed before me this 17 day of Dec., 2003.

s/ COURTNEY SMITH COURTNEY SMITH Notary Public, Hall County, Georgia My Commission Expires September 9, 2006

HOME RULE ORDINANCE HR-2003-04
AN ORDINANCE TO AMEND CHAPTER 4 ENTITLED "FINANCIAL AND FISCAL ADMINISTRATION" OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA, AS AUTHORIZED BY THE OFFICIAL CODE OF GEORGIA 36-35-3; BY AMENDING SECTION 4.19 TO PROVIDE THAT THE CITY COUNCIL SHALL HAVE THE AUTHORITY TO FUND ROAD IMPROVEMENTS NOT EXCEEDING ONE THOUSAND (I ,000) FEET; TO

GEORGIA LAWS 2004 SESSION

4777

REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

A copy ofthe proposed Charter amendment is on file in the office of the City Clerk for the City of Gainesville and a copy ofthe proposed Charter amendment is on file in the office of the Clerk of the Superior Court of Hall County, Georgia. A copy of the proposed Charter amendment shall be furnished by the City Clerk of the City Council of Gainesville, Georgia upon request. #516077, 11/16,23,30

Filed in the Office of the Secretary of State January 6, 2004.

CITY OF BROXTON- MAYOR AND COUNCIL; EMPLOYMENT BY CITY DURING TERM OF OFFICE.
ORDINANCE AMENDING SECTION 2.12 "PROHIBITIONS" (a) OF THE CHARTER OF THE CITY OF BROXTON
This ordinance shall be known as the "Ordinance Amending Section 2.12, "Prohibitions," (a) of the Charter of the City of Broxton. It is the purpose of this ordinance to provide that the Mayor and/or any member of the city council of Broxton may also be employed by said government or any agency thereof during the term for which he was elected.
-1-
The Mayor and Council ofthe City ofBroxton hereby ordained that Section 2.12 Prohibitions (a) of the Charter of the City ofBroxton is hereby amended to provide as follows:
(a) Except where authorized by law, neither the Mayor nor any Council member shall hold any other elective or compensated appointive office in the City of Broxton during the term for which he was elected or within one year after the expiration ofthe term for which he was elected. Provided, however, that the Mayor and/or any council member may also be employed by the City of Broxton or any agency thereof during the term for which he was elected.
So adopted this 5th day of March, 2002, effective immediately.
s/ JAMES ROBERT REYNOLDS, SR. Mayor

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MUNICIPAL HOME RULE ORDINANCES

s/ TRACY R. LOTT City Clerk

CITY OF BROXTON

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF BROXTON, GEORGIA.

Pursuant to the Official Code of Georgia Annotated 36-35-3, this is to notify all citizens of the City of Broxton, Georgia, that an ordinance entitled "Amendment to Section 2.12. 'Prohibitions' (a) of the Charter of the City of Broxton, providing that the Mayor or any council member of the City ofBoxton may be employed by said government or any agency thereof during the term for which he was elected was introduced, read, and approved as to form at the regular meeting of the Mayor and City Council on February 5, 2002. The aforesaid ordinance will be read a second time and voted on by the Mayor and City Council at the next regularly held meeting at City Hall on March 5, 2002 at 6:00P.M. A copy of the proposed amendment is on file in the office of the Clerk of the City of Broxton, and in the Office of the Clerk of Coffee County Superior Court for the purpose of examination and inspection by the public.
sl _____________________
BOBBY REYNOLDS, Mayor City of Broxton

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COFFEE COUNTY

Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oaths, Elaine W. Fox who on oath deposes and says that she is publisher of the Coffee County News, a newspaper published in the City of Douglas, Georgia, a general circulation in Coffee County, Georgia, and that the attached advertisement has been published in the Coffee County News once a week for 3 week(s) in the regular issue(s) of the Coffee County News on the following dates: Feb. 15, 22, Mar. 1, 2002. This is the legal organ ofCoffee County, Georgia.

s/ ELAINE W. FOX Publisher, Coffee County News

GEORGIA LAWS 2004 SESSION
Sworn to and subscribed before me this 14th day of January, 2004.
s/ SARENA FINKLER Notary Public, Coffee County, Georgia My Commission Expires April 14,2007
Filed in the Office of the Secretary of State February 16, 2004.

4779

CITY OF ATLANTA- COMPREHENSIVE DEVELOPMENT PLANS.

CITY COUNCIL ATLANTA, GEORGIA

AN ORDINANCE

03-0-2240

BY THE COMMUNITY DEVELOPMENT/HUMAN RESOURCES

COMMITTEE

AN ORDINANCE TO AMEND THE CHARTER AND CODE OF ORDINANCES OF THE CITY OF ATLANTA RELATING TO THE CITY'S COMPREHENSIVE DEVELOPMENT PLAN SO AS TO ELIMINATE THE REQUIREMENT OF AN ANNUAL UPDATE OF THE COMPREHENSIVE DEVELOPMENT PLAN; AND FOR OTHER PURPOSES.

WHEREAS, the annual update ofthe comprehensive development plan has proven inimical to the function of such a plan to provide a long-range policy guide for the growth and development of the City of Atlanta ("City"); and

WHEREAS, the City has determined that a long range comprehensive development plan is more effective and beneficial to the development goals, objectives and policies of the City; and

WHEREAS, five and 15-year plans shall be most appropriate and suitable to address the physical, social, and economic, needs of the City and its inhabitants;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, AS FOLLOWS:

SECTION 1. That Chapter 6, Article 3, of the City Charter be amended by deleting existing Section 3-602 in its entirety and by inserting in lieu thereof the following:

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MUNICIPAL HOME RULE ORDINANCES

Section 3-602. Five-year development plans.

The mayor shall have a comprehensive five and 15-year development plan prepared which shall: (I) present a recommended generalized land use development pattern to guide the growth of the city over a succeeding five-year period and (2) include the city's specific development goals and objectives based upon existing and projected demographic and socioeconomic factors and public and private community facilities for the entire city and individual geographic areas and communities within the city, as related to the comprehensive development plan and to regional plans.

SECTION 2. That Chapter 6, Article 3, of the City Charter by amended by deleting existing subsections (a) and (d) of Section 3-603 in their entirety and by inserting in lieu thereof the following:

Section 3-603. Implementation; updating and revision. (a) Prior to the preparation of each comprehensive development plan, the mayor shall have hearings held in such manner, as the council shall prescribe by ordinance. The mayor shall submit to the council such plans that will include a 15-year and five year comprehensive development plan, along with a comprehensive land use plan for all property within the city limits. These plans, updated each five years, shall be submitted to the council not later than its first regular meeting in May of the year in which the plan is updated. Beginning with the transmittal date of said plans to council, the general public shall be afforded a period of 45 consecutive days in which to review said plans. Subsequent to the expiration of the aforementioned 45-day period, the council shall conduct public hearings concerning such plans. Thereafter, the council shall adopt the comprehensive development plans, after making any amendments or revisions thereto that the council considers appropriate, but not later than the last regular council meeting in July of the year in which the plan is updated. Such plans shall become effective immediately upon adoption and approval of the authorizing legislation.

(d) Fallowing the updating and adoption of the city's development plans, the council shall amend the city's zoning ordinance to conform with the updated development plans in accordance with procedures prescribed by general law.

SECTION 3. That Chapter 2, Article IV, of the Code of Ordinances be amended by deleting existing subsections (2), (6), and (13) of Section 2-241 in their entirety and inserting in lieu thereof the following:

(2) Preparing and revtsmg the city's 15 and five year comprehensive development plan in accordance with the requirements set forth in sections 3-601' 3-602, and 3-603 of the Charter;

GEORGIA LAWS 2004 SESSION

4781

(6) Preparing reports on the status of all projects set forth in the city's adopted comprehensive development plan;

(13) Preparing appropriate sections of the comprehensive development plan;

SECTION 4. That Part 6, Chapter 3, Article A, of the Code of Ordinances be amended by deleting existing Section 6-3002 in its entirety and inserting in lieu thereof the following:

Sec. 6-3002. Comprehensive development plans; kept current.

It is hereby found and declared that the City of Atlanta Comprehensive Development Plans must be kept consistent with the five year planning cycle in order to be used as the chiefpolicy guide for the orderly development ofthe city, which necessarily involves amendment to the plan between each review and updating. This requires that council procedures be established to review and consider recommendations on appropriate courses of action in respect to all such amendments.

SECTION 5. That Part 6, Chapter 3, Article A, of the Code of Ordinances be amended by deleting existing subsection (5) of Section 6-3004 in its entirety and by inserting in lieu thereof the following:

(5) Any amendment denied by the full council, with the exception of the update every five years, shall have a 24-month waiting period prior to reapplication.

SECTION 6. That Part 6, Chapter 3, Article A, of the Code of Ordinances be amended by deleting existing subsection (6) of Section 6-3005 in its entirety and by inserting in lieu thereof the following:

(6) Any amendment, other than a change included as part of a council committee recommendation, which is introduced or otherwise submitted in council after public hearings.

SECTION 7. That Part 6, Chapter 3, Article A, of the Code of Ordinances be amended by deleting existing Section 6-3006 in its entirety and by inserting in lieu thereof the following:

Sec. 6-3006. Adopting ordinance.

The ordinance adopting each five year update of the comprehensive development plans shall be read at three (3) separate meetings of council, shall be in final form at the time of the third reading, and shall be ripe for adoption at the third meeting.

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MUNICIPAL HOME RULE ORDINANCES

SECTION 8. That Part 6, Chapter 3, Article B, of the Code of Ordinances be amended by deleting existing subsection (c) ofSection 6-3013 in its entirety and by inserting in lieu thereof the following:

(c) Neighborhood planning units. The neighborhood planning unit may recommend an action, a policy or a comprehensive plan to the city and to any city agency on any matter affecting the livability of the neighborhood, including, but not limited to, land use, zoning, housing, community facilities, human resources, social and recreational programs, traffic and transportation, environmental quality, open space and parks; assist city agencies in determining priority needs for the neighborhood; review items for inclusion in the city budget and make recommendations relating to budget items for neighborhood improvement; and advise the bureau of planning on the preparation of the 15 and five year comprehensive development plans.

SECTION 9: That Part 6, Chapter 3, Article B, of the Code of Ordinances be amended by deleting existing subsection (a) of Section 6-3014 in its entirety and by inserting in lieu thereof the following:

(a) Manner in which hearings are to be held. The bureau of planning shall hold hearings to focus on the six study areas as defined in the currently adopted comprehensive development plan. Said hearings shall be held in such a manner that there be not less than one public hearing for each study area prior to the preparation of any comprehensive development plan.

SECTION 10. That Part 6, Chapter 3, Article B, ofthe Code of Ordinances be amended by deleting existing subsection (a) of Section 6-30 15 in its entirety and by inserting in lieu thereof the following:
(a) The mayor shall prepare a schedule ofcitizen involvement regarding the draft of the comprehensive development plan. This report shall be presented to the community development/human resources committee at a regularly scheduled meeting in January of the year in which the plan is to be updated.

SECTION 11. That Part 6, Chapter 4, Article A, of the Code of Ordinances be amended by deleting existing subsection (2) of Section 6-4003 in its entirety and by inserting in lieu thereof the following:

(2) Serve as an advisory board to the city on city-wide problems, issues, goals and objectives relative to the preparation and updating of the comprehensive development plan;

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SECTION 12. That Part 6, Chapter 4, Article D, of the Code of Ordinances be amended by deleting existing subsection (c)(7) of Section 6-4044 in its entirety and by inserting in lieu thereof the following:

(c)(7) To assist the bureau of planning in the preparation and update of the historic preservation and urban design components of the city's comprehensive development plan;

SECTION 13. That Part 8, Chapter I, Article B, of the Code of Ordinances be amended by deleting existing subsections (2), (6) and ( 13) of Section 8-1008 in its entirety and by inserting in lieu thereof the following:

(2) Preparing and updating the city's 15 and five year comprehensive development plan in accordance with the requirements set forth in sections 3-60 I, 3-602 and 3-603 of the Charter;

(6) Preparing reports on the status of all projects set forth in the city's adopted comprehensive development plan;

( 13) Preparing appropriate sections of the comprehensive development plan.

SECTION 14. That Part 19, Chapter I, of the Code of Ordinances be amended by deleting existing subsections (a)( I) and (a)(2) of Section 19-10 17 in their entirety and by inserting in lieu thereof the following:

Sec. 19-1017. Review.

(a) Review. (I) As part of the city's annual capital improvement program process, or comprehensive planning process, or as part of any other planning process which causes the city to evaluate development potential in any area, the city may review the development potential of any area within the city, whether it be a previously designated service area or not, or the city as a whole. Based on such review of development potential, the city may adjust boundaries of service areas or create new service areas. (2) As part of the city's annual capital improvement program process, or comprehensive planning process, or as part of any other planning process which causes the city to evaluate development potential in any area, the city may review capital facilities plans in service areas and modifY such plans as a result of development occurring in the previous year or requests for permission to develop.

Section 15. That all ordinances or parts of ordinances in conflict with this ordinance are repealed.

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A true copy,

ADOPTED by the Council

APPROVED by the Mayor

RHONDA DAUPHIN JOHNSON

Municipal Clerk, CMC

FEB 02,2004 FEB 10,2004

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON

DONNA MCDUFFIE, personally appeared before me, the undersigned Notary Public, who states she is a Legal Clerk for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper ofgeneral circulation published in the City of Atlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal and The Atlanta Constitution on the following dates: January 15, 22, 29, 2004.

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 30TH DAY OF JANUARY 2004.

s/ WANDA W. MOORE (NOTARY SIGNATURE) MY COMMISSION EXPIRES FEBRUARY 20, 2006

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

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

03-0-2240 An Ordinance by Community Development/Human Resources Committee to amend the Charter and Code of Ordinances of the City of Atlanta relating to the City's Comprehensive Development Plan so as to eliminate the requirement of an annual update of the Comprehensive Development Plan; and for other purposes.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

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GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 7th day of January, 2004.

Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County ofDeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, CITY'S COMPREHENSIVE PLAN was published in said newspaper on the following date(s):

01115/04,01122/04,01/29/04

s/ CAROLYN JERNIGAN-GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 01/29/04.

s/ JACINDA HOLLEY Notary Public My commission expires September 22, 2006

PUBLIC NOTICE

Notice of Proposed Amendment to the Charter of the City of Atlanta

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

03-0-2240 An Ordinance by Community Development/Human Resources Committee to amend the Charter and Code of Ordinances of the City of Atlanta relating to the City's Comprehensive Development Plan so as to eliminate the requirement of an annual update of the Comprehensive Development Plan; and for other purposes.

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A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

Given under my hand and seal of this office on this 7th day of January, 2004.

Rhonda Dauphin Johnson Municipal Clerk, CMC

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 03-0-2240

Before me, the undersigned, a Notary Public, this day personally came Julia Jackson who, being duly sworn, according to law, says she is an agent of the American Lawyer Media, L.P. publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:

01/15/04,01/22/04,01/29/04

s/ JULIA JACKSON Julia Jackson

Subscribed and sworn to before me this 01/29/04.

s/ KAWEEMAH NELSON Notary Public

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

NOTICE is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.) as amended, and Ordinance be captioned as follows:
03-0-2240 An Ordinance by Community Development/Human Resources Committee to amend the Charter and Code of Ordinances of the City of Atlanta relating to the City's Comprehensive Development Plan so as to eliminate the

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requirement of an annual update of the Comprehensive Development Plan; and for other purposes.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 7th day of January, 2004.

Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC #37: l/15-3pdg

Filed in the Office of the Secretary of State February 20, 2004.

CITY OF THOMASVILLE- CITY COUNCIL; COMPENSATION; NAME CHANGE; OATHS; ASSISTANT CITY MANAGER; MAYOR PRO TEMPORE; MUNICIPAL COURT MARSHAL ELIMINATED; USE OF COUNTY VOTING EQUIPMENT; CITY CLERK; DUTIES; AD VALOREM TAXATION; UTILITIES; REPORTS.
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF THOMASVILLE, WHICH WAS ESTABLISHED BY AN ACT APPROVED OCTOBER3, l889,ENTITLED"ANACTTOINCORPORATETHETOWNOF THOMASVILLE AS THE CITY OF THOMASVILLE" (GA. LAWS 1888-89, PAGES 854-64, INCLUSIVE), AS AMENDED BY SEVERAL SUBSEQUENT ACTS, BY DELETING IN EVERY INSTANCE THE WORD "BOARD" AS REFERRING TO THOMASVILLE'S GOVERNING BODY AND SUBSTITUTING THEREFOR THE TERM "CITY COUNCIL;" TO MAKE CERTAIN CHANGES TO THE PROVISIONS OF SECTION 2.13, CAPTIONED "SALARY OF MAYOR AND COUNCILMEMBERS," OF ARTICLE II CAPTIONED "GOVERNMENT STRUCTURE," REGARDING COMPENSATION FOR MEMBERS OF THE CITY COUNCIL AND THE MAYOR; TO PROVIDE FOR THE ADMINISTERING OF AN OATH TO ALL MEMBERS OF THE CITY COUNCIL AS PROVIDED BY STATE LAW; TO PROVIDE FOR AVAILABILITY TO THE PUBLIC OF ALL ORDINANCES INTRODUCED BEFORE THE CITY COUNCIL; TO PROVIDE FOR THE APPOINTMENT OF AN ASSISTANT CITY MANAGER OR ASSISTANT CITY MANAGERS; TO CHANGE THE DESIGNATION OF THAT MEMBER OF

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THE CITY COUNCIL NOW DESIGNATED AS THE VICE CHAIRMAN; BY ELIMINATING THE REQUIREMENT OF AN OATH FOR MEMBERS OF BOARDS, COMMISSIONS AND AUTHORITIES; TO PROVIDE FOR THE ELIMINATION OF THE POSITION OF MARSHAL OF THE MUNICIPAL COURT; TO MAKE PROVISIONS FOR THE USE OF CERTAIN VOTING EQUIPMENT PROVIDED COUNTIES BY THE STATE OF GEORGIA; TO MAKE CERTAIN CHANGES IN THE DUTIES OF THE CITY CLERK AS CITY REGISTRAR AND ELECTIONS SUPERINTENDENT; TO MAKE AN AMENDMENT WITH RESPECT TO AD VALOREM TAXATION; TO MAKE A CHANGE WITH RESPECT TO THE DESIGNATION OF A GENERAL SUPERINTENDENT OF THE UTILITIES DEPARTMENT; TO PROVIDE FOR A SEPARATE WATER AND SEWER RESERVE FUND; TO AMEND THE REQUIREMENTS FOR REPORTS BY THE GENERAL SUPERINTENDENT OF THE UTILITIES DEPARTMENT; TO CORRECT CERTAIN TYPOGRAPHICALERRORSSETFORTHINTHECHARTERASCODIFIED; TO PROVIDE THAT THIS ORDINANCE SHALL IN NOWAY CHANGE THE EXISTING CHARTER OR FORM OF GOVERNMENT OF THE CITY OF THOMASVILLE IN ANY MANNER, EXCEPT AS SET FORTH ABOVE; TO PROVIDE THE EFFECTIVE DATE OF THIS ORDINANCE; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

SECTION I

BE IT ORDAINED by the Council of the City of Thomasville, and it is hereby ordained by the authority of the same, that the Charter of the City of Thomasville, which was established by an act approved October 3, 1889, entitled "An Act to Incorporate the Town of Thomasville as the City of Thomasville," (Ga. Laws 1888-89, pages 854-64, inclusive), as amended by several subsequent acts, be and the same is, hereby amended as follows:

A. By deleting in every instance the word "Board" as referring to Thomasville's governing body and substituting therefor the term "City Council;"
B. By amending Section 2.13, captioned" Salary ofmayor and councilmembers," of Article II, captioned "Government structure," so as to provide that each councilmember, with the exception of the councilmember designated as mayor, shall receive a salary of $650.00 per month, and so as to provide that the councilmember designated as mayor shall receive a salary of $750.00 per month. Otherwise, the provisions of Section 2.13 shall remain unchanged.
C. By adding to Section 2.20, captioned "Organizational meetings," of Article II the following sentence: "In addition, at the first regular meeting held in January following each municipal election, all members of the city council, including the

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Mayor, shall be administered the oath required by O.C.G.A. 45-3-1." Otherwise, the provisions of Section 2.20 shall remain unchanged.

D. By deleting in its entirety subsection (b) of Section 2.24, captioned "Ordinance form; procedures," of Article II, and substituting therefor an entirely new subsection (b), with the new subsection (b) to read as follows:

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 as provided by ordinance. Upon introduction of any ordinance, the clerk shall make a copy available of the ordinance by U.S. Mail, by email or by facsimile to any member of the public who requests a copy and shall otherwise keep on file a copy of the ordinance in the office ofthe clerk for inspection by any member ofthe public.

E. By striking in its entirety Section 2.29, captioned "Acting city manager," of Article II, and by substituting therefor an entirely new Section 2.29, to be captioned "Assistant city manager," with the new Section 2.29 to read as follows:

The city manager shall have the authority to designate such assistant city manager or assistant city managers as he deems appropriate, with such assistant city manager or managers to have such duties and to exercise such authority as specified by the city manager, so long as such designation of duties and authority does not violate other provisions of the charter or state law.

F. By amending Section 2.32, captioned "Selection ofmayor and vice chairman," of Article II and Section 2.34, captioned "Vice chairman," of Article II by substituting in the titles of both sections and in the text of both sections the term "mayor pro tempore" for the term "vice chairman." Otherwise, Sections 2.32 and 2.34 shall remain unchanged.

G. By amending Section 3.11, captioned "Boards, commissions and authorities," or Article III, captioned "Administrative affairs," so as to delete subparagraph (t) from Section 3.11. Otherwise, the provisions of Section 3.11 shall remain unchanged.

H. By striking in its entirety Section 4.16, captioned "Power and duties of marshal and clerks; service of summons," of Article IV, captioned "Judicial branch," and substituting therefor an entirely new Section 4.16, to be captioned "Power and duties of clerks; service of summons," with the new Section 4.16 to read as follows:

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The clerks of the municipal court shall also be officers of the court. Any person charged with the violation ofan ordinance, rule or regulation ofthe city, unless the offense is of such nature as to require the arrest and confinement of the party, shall be served by any policeman of the city with a copy of a summons, signed by the clerk and bearing authority in the name of the judge of municipal court or the presiding officer for that case, setting out in a plain, summary manner the nature of the offense charged, and the time when and the place where the party is required to appear and stand trial.

I. By adding to the first sentence of Section 5.12, captioned "Use of voting machines," ofArticle V, captioned "Elections," the following provision: "including, but not limited to, the use of voting equipment provided by the state to Thomas County as provided for in O.C.G.A. 21-2-300, and by contracting with Thomas County for the use of such voting equipment as provided for in that section." Otherwise, the provisions of Section 5.12 shall remain unchanged.

J. By deleting in its entirety the text of Section 5.16 captioned "Designation of city clerk as city registrar, absentee ballot clerk, municipal elections superintendent," of Article V and substituting therefor entirely new text for Section 5.16, whose title shall remain unchanged, with the new text for Section 5.16 to read as follows:

The city clerk is hereby designated as the official city registrar to receive from the board of registrars of Thomas County, prior to all city elections, the list of voters residing within the corporate limits of the city who, according to the records of the board, at that time are fully qualified and registered to vote in state and county elections at polling places within the city limits. Unless already accomplished by other duly acting election officials, the city registrar shall, upon receipt of such list, purge same in accordance with the provisions of the Georgia Municipal Election Code and certify such list to the city clerk as the official voters list to be used in pending elections.

The city clerk is hereby designated as the absentee ballot clerk and, unless already accomplished by other duly acting election officials, shall conduct such absentee balloting in accordance with the provisions ofthe Georgia Municipal Election code, as amended.

The city clerk is hereby designated as municipal elections superintendent and shall conduct all city elections in accordance with the provisions ofthe Georgia Municipal Election Code, as amended. The superintendent shall serve without compensation. Provided further, however, that such city elections may be conducted by Thomas County election officials in cooperation with and in conjunction with the city's municipal elections superintendent.

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In the event of disability or other disqualification of the city clerk, the city council may by official declaration of such fact and the entering of same upon the minutes ofany regular or special council meeting thereupon designate such other person as such registrar, absentee ballot clerk, or municipal elections superintendent, and such person shall immediately assume the discharge of all such responsibilities in accordance with the provisions of the Georgia Municipal Election Code, and no such action at any time in the election or run-off process shall be cause to invalidate any subsequent act of such person or persons.

K. By amending Section 6.11, captioned "Property tax," ofArticle VI, captioned "Finance," by deleting the last sentence of Section 6.11. Otherwise, the provisions of Section 6.11 shall remain unchanged.

L. By amending Section 9.12, captioned" Superintendent ofutilities department," of Article IX captioned "Utilities system," by substituting the word "may" for the word "shall" as it appears in Section 9.12. Otherwise, the provisions of Section 9.12 shall remain unchanged.

M. By amending Section 9.13, captioned "Utilities department general reserve fund," of Article IX, captioned "Utilities system," to provide a new title for Section 9.13, which new title shall read, "Utilities department general reserve fund; water and sewer reserve fund." Section 9.13 shall be further amended by deleting from the text of that section as it currently exists all references to "water," and by adding to Section 9.13, the following:

There shall also be created and maintained a fund to be known as the City of Thomasville Water and Sewer Reserve Fund. The city, from revenues derived from the operations of its water and sewer systems now owned or which it may hereafter acquire, shall pay into such fund twelve percent (12%) of the net income from its systems before depreciation charges are made. The monies in such fund shall be used and applied solely for improvements, extensions, and replacements of the lands, buildings, equipment, and distribution systems now owned and used or which may hereafter be acquired by the city in connection with the operation of its water and sewer systems and shall not be used or applied for ordinary operation and maintenance nor for ordinary service connections for the city's water and sewer systems.

N. By deleting the text ofSection 9.16, captioned "Same- reports," ofArticle IX and by substituting therefor an entirely new Section 9.16, which will continue to be captioned "Same- reports," the new Section 9.16 to read as follows:

At the request ofthe city council, the superintendent of the utilities department shall make such written reports to the city council as the city council may

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require with respect to the acts, transactions and operations of the utilities commission or the utilities department. Any such reports provided by the superintendent of the utilities department pursuant to such request shall be examined by the city council and recorded in the minutes of the city council.

SECTION II

BE IT FURTHER ORDAINED that all provisions of this ordinance, other than paragraph B of Section I, shall become effective immediately upon the passage of this ordinance. Paragraph B of Section I shall become effective on and after January 2, 2006.

SECTION III

BE IT FURTHER ORDAINED that all portions of the charter or amendments thereto or all ordinances in conflict herewith be and the same are hereby repealed.

SECTION IV

BE IT FURTHER ORDAINED that if any part of this ordinance be declared void, it is the intent and purpose thereof that all other provisions not so declared void shall remain in full force and effect.

SECTIONV

BE IT FURTHER ORDAINED that a notice, a copy ofwhich is attached hereto, will be made a part hereof, which notice embodies, among other things, the substance of this ordinance with a certificate of the publisher and general manager ofthat publication known as the Thomasville Times-Enterprise which published the Thomasville Times-Enterprise daily edition, the official organ of Thomas County, Georgia, in which the City of Thomasville is located, said certificate showing that the above and foregoing notice was published once a week for three weeks within a period of sixty days immediately preceding the day of the final adoption of this ordinance.

This ordinance was introduced and read at a lawful meeting of the Council of the City of Thomasville held January 28,2004, and read the second time, passed and adopted in like meeting held on February 9, 2004.

STATE OF GEORGIA COUNTY OF THOMAS

I, Kathleen Vinson, Clerk of the City of Thomasville, Georgia, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted at a meeting

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of the Council of the City of Thomasville held on February 9, 2004, to amend various sections of the Charter of the City of Thomasville.

IN TESTIMONY WHEREOF, witness my hand and seal of said City, this the 16th day of February, 2004.

s/ KATHLEEN VINSON Kathleen Vinson City Clerk

GEORGIA, THOMAS COUNTY.

Personally appeared before the undersigned attesting officer, Kathleen Vinson, Clerk of the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City ofThomasville was filed in her office on the 20th day of January, 2004, for the purpose of examination and inspection by the public.

Further deposing, I say, under oath, that I am custodian of all records and the keeper of the minutes of the City Council for the City of Thomasville, and that the foregoing ordinance is a true and exact copy of that ordinance which was finally adopted by the City of Thomasville in a regular meeting of the City Council held in chambers on the 9th day of February, 2004, the original of which is in my possession and appears as a part of the official minutes of that meeting.

s/ KATHLEEN VINSON Kathleen Vinson City Clerk

Sworn to and subscribed Before me this 16th day of February, 2004.

s/ SYLVIA JO DELOACH Notary Public My commission expires: 6/9/07 {NOTARY PUBLIC}

GEORGIA, THOMAS COUNTY.

Personally appeared before the undersigned attesting officer, S. Jane Benton, who, on oath, deposes and says that she is the publisher of that publication known as the Thomasville Times-Enterprise, which publishes the Thomasville Times-Enterprise Daily Edition and that the Thomasville Times-Enterprise Daily Edition published on Friday of each week is the newspaper in which sheriffs

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advertisements for Thomas County are published. Further deposing, she says that as publisher of that publication, she is the person duly vested with authority to sign for that publication in all such matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the charter of the City of Thomasville was published in the Thomasville Times-Enterprise Daily Edition on the 23rd day of January, 2004, and on the 30th day of January, 2004, and on the 6th day of February, 2004.

This __ day of February, 2004.

s/ S. JANE BENTON S. Jane Benton, Publisher

Sworn to and subscribed Before me on this 17 day of February, 2004.

s/ MELISSA C. SANDERS Notary Public, Thomas County, Georgia My Commission Expires June 2, 2007 {NOTARY SEAL)

NOTICE OF INTENTION TO AMEND THE CHARTER OF THE CITY OF THOMASVILLE BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE municipal HOME RULE ACT OF 1965, (O.C.G.A. 36-35-1 ET SEQ.)

Notice is hereby given that an ordinance will be introduced for first reading on January 28, 2004, and read for final adoption on February 9, 2004, to amend the Charter of the City of Thomasville, which was established by an act approved October 3, 1889, entitled An Act to incorporate the Town of Thomasville as the City of Thomasville (Ga. Laws 1888-89, Pages 854-64, inclusive), as amended by several subsequent acts, by deleting in every instance the word "Board" as referring to Thomasville's governing body and substituting therefor the term city council; to make certain changes regarding compensation for members of the city council and the mayor; to provide for the administering of an oath to all members of the city council as provided by state law; to provide for availability to the public of all ordinances introduced before the city council; to provide for the appointment ofan assistant city manager or assistant city managers; to change the designation of that member of the city council now designated as the vice chairman; by eliminating the requirement of an oath for members of boards, commissions and authorities; to provide for the elimination of the position of marshal of the municipal court; to make provisions for the use of certain voting equipment provided counties by the State of Georgia; to make certain changes in the duties of the city clerk as city

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registrar and elections superintendent; to make an amendment with respect to ad valorem taxation; to make a change with respect to the designation of a general superintendent ofthe utilities department; to provide for a separate water and sewer reserve fund; to amend the requirements for reports by the general superintendent; to correct certain typographical errors set forth in the charter as codified; to provide that this ordinance shall in no way change the existing charter or form of government of the City of Thomasville in any manner, except as set forth above; to provide the effective date of this ordinance; to repeal all ordinances in conflict herewith; and for other purposes.

A copy of this proposed amendment to the Charter of the City of Thomasville is on file in the office of the clerk of the City of Thomasville and is on file in the office of the Clerk of the Superior Court of Thomas County, for the purpose of inspection by the public, all as required by law.

This 21ST day of January, 2004.

William C. Sanders Attorney for the City of Thomasville, Georgia.

RUN: January 23, January 30, and February 6, 2004

7923/907248

Filed in the Office of the Secretary of State February 23, 2004.

CITY OF DALTON- REPEAL EXTENSION OF CORPORATE LIMITS.
ORDINANCE 04-05
To Amend The Charter Of The City Of Dalton, Georgia, First Approved February 24, 1874 (1874 Georgia Laws, p. 181); By Striking, Deleting, And Repealing Article II Captioned "Extension OfCorporate Limits" In Its Entirety And Reserving Article II For Future Use; To Provide For Severability; To Provide For An Effective Date; To Repeal Conflicting Ordinances; And For Other Purposes.
BE IT ORDAINED by the Mayor and Council of the City of Dalton and by authority of the same, IT IS HEREBY ORDAINED as follows:
Section 1.
Strike, delete, and repeal Article II of the Charter of the City of Dalton, Georgia captioned "Extension of Corporate Limits" in its entirety and reserve Article II for future use.

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Section 2.

This Ordinance shall be effective after adoption upon the filing of a copy of this ordinance, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which the notice was published with the Secretary of State of Georgia, the office of the Clerk of the Superior Court of Whitfield County, Georgia, and the office of the Clerk of the City of Dalton, Georgia.

Section 3.

It is hereby declared to be the intention of the Mayor and City Council ofthe City of Dalton that the section, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or otherwise invalid by a court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance.

Section 4.

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

SO ORDAINED this 1st day of March, 2004.

The foregoing Ordinance received its first reading on 02-16-2004 and a second reading on 03-01-2004. Upon second reading a motion for passage ofthe ordinance was made by Alderman Robinson, second by Alderman Grant and upon the question the vote is 4 ayes, 0 nays and the Ordinance is adopted.

ATTEST:

s/RAYELROD MAYOR

s/ FAYE L. MARTIN CITY CLERK

CLERK'S CERTIFICATE

I, Faye L. Martin, the duly appointed and qualified City Clerk of the City of Dalton, Georgia do hereby certify that the attached is an true and exact copy of an ordinance amending the Charter ofthe City of Dalton, Georgia to strike, delete and repeal Article II captioned "Extension of Corporate Limits". Said Ordinance was adopted on the 1st day of March, 2004.

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(Seal)

s/ FAYE L. MARTIN City Clerk

AFFIDAVIT OF PUBLICATION

I, Jeff Mutter, do solemnly swear that I am the Ad Director of The DaiZv Citizen News, printed and published in Dalton, Whitfield County, Georgia and that from my own personal knowledge and reference to the files of said publication the attached advertisement of the Notice of Proposed Amendment to the City Charter of the City of Dalton, Georgia was inserted into the regular edition of said publication on February 13, February 20, and February 27,2004.

This 2nd day of March, 2004.

s/ JEFF MUTTER Affiant

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

s/ JUDY TROTTER Notary Public, Whitfield County, Georgia My Commission Expires Dec. 7, 2004

Notice of Proposed Amendment to the City Charter of the City of Dalton, Georgia

The City of Dalton, Georgia proposes to amend its Charter to strike, delete and repeal Article II captioned "Extensions of Corporate Limits". A copy of the proposed home rule ordinance is on file in the office of the City Clerk of the City of Dalton, Georgia and in the office of the Clerk of the Whitfield County Superior Court, a copy of the proposed home rule ordinance shall be furnished for examination and inspection.

s/ FAYE L. MARTIN City Clerk

Filed in the Office of the Secretary of State March 15, 2004.

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CITY OF DALTON- MUNICIPAL COURT.

ORDINANCE 04-07

To Amend The Charter Of The City Of Dalton, Georgia, First Approved February 24, 1874 (1874 Georgia Laws, p. 181) By Striking, Deleting, And Repealing Article VI Captioned "Courts" In Its Entirety And Substituting In Lieu ThereofA New Article VI Captioned "Municipal Court"; To Provide For Severability; To Provide For An Effective Date; To Repeal Conflicting Ordinances; And For Other Purposes

BE IT ORDAINED by the Mayor and Council of the City of Dalton and by authority of the same, IT IS HEREBY ORDAINED as follows:

Section 1.

Strike, delete, and repeal Article VI of the Charter of the City of Dalton, Georgia captioned "Courts" in its entirety and substitute in lieu thereof a new Article VI captioned "Municipal Court" which shall read as follows:

Sec. 6-1. Municipal court creation.

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

Sec. 6-2. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by 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 of21 years, shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the mayor and 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 mayor and council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor or his designee, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor or partiality.

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Sec. 6-3. Convening.

The municipal court shall be convened at regular intervals as scheduled by the municipal court administrator after approval by the mayor and council.

Sec. 6-4. 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 two hundred dollars ($200.00) or ten (10) days in jail.
(c) The municipal court may fix punishment up to the maximums specified by general law including the maximums specified in subparagraph (a)(2)(B) and (a)(2)(C) ofO.C.G.A. 36-35-6.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation.
(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, 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 (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(h) Each judge of the municipal court shall be authorised 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

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magistrate of the state to issue warrants for offenses against state laws committed within the city.
Sec. 6-5. Certiorari.

The right ofcertiorari from the decision and judgment ofthe 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 Whitfield County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
Sec. 6-6. Rules for court.

With the approval of the mayor and council, the municipal court administrator shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations applicable to 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.

Sec. 6-7. Prosecutor.

The mayor and council may employ a qualified attorney to prosecute violations ofcity ordinances and other offenses over which the municipal court has jurisdiction upon such terms as the mayor and council may determine.

Sec. 6-8. Costs and administrative fee.

The mayor and council may by ordinance establish such costs and/or fees to be assessed against persons convicted of violations in municipal court as may be necessary to defray the cost of prosecution of such persons.
Section 2.

This Ordinance shall be effective after adoption upon the filing of a copy of this ordinance, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which the notice was published with the Secretary of State of Georgia, the office of the Clerk of the Superior Court of Whitfield County, Georgia, and the office of the Clerk of the City of Dalton, Georgia.

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Section 3.

It is hereby declared to be the intention ofthe Mayor and City Council of the City of Dalton that the section, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or othetwise invalid by a court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance.

Section 4.

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

SO ORDAINED this 15th day of March, 2004.

The foregoing Ordinance received its first reading on 03-01-2004 and a second reading on 03-15-2004. Upon second reading a motion for passage ofthe ordinance was made by Alderman Robinson, second by Alderman Grant and upon the question the vote is 4 ayes, 0 nays and the Ordinance is adopted.

ATTEST:

sf RAY ELROD MAYOR

sf FAYE L. MARTIN CITY CLERK

CLERK'S CERTIFICATE

I, Faye L. Martin, the duly appointed and qualified City Clerk of the City of Dalton, Georgia do hereby certify that the attached is an true and exact copy of an ordinance amending the Charter of the City of Dalton, Georgia to strike, delete and repeal Article IV captioned "Courts". Said Ordinance was adopted on the 15th day ofMarch, 2004.

(Seal)

sf FAYE L. MARTIN City Clerk

AFFIDAVIT OF PUBLICATION

I, Kim Carson, do solemnly swear that I am the Circulation Office Manager of The Daily Citizen News, printed and published in Dalton, Whitfield County,

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Georgia and that from my own personal knowledge and reference to the files ofsaid publication the attached advertisement ofthe Notice ofProposed Amendment to the City Charter of the City of Dalton, Georgia was inserted into the regular edition of said publication on February 27, 2004, March 5, and March 12, 2004.

This 19th day ofMarch, 2004.

s/ KIM CARSON Affiant

Sworn to and subscribed before me, this 19th day of March, 2004.

s/ BERNADETTE CHATTAM Notary Public, Whitfield County, Georgia My Commission Expires June 25, 2005

Notice of Proposed Amendment to the City Charter of the City of Dalton, Georgia

The City of Dalton, Georgia proposes to amend its Charter to strike, delete and repeal Article VI captioned "Courts" and to substitute in lieu thereof a new Article VI captioned "Municipal Court". A copy of the proposed home rule ordinance is on file in the office of the City Clerk of the City of Dalton, Georgia and in the office of the Clerk of the Whitfield County Superior Court, a copy of the proposed home rule ordinance shall be furnished for examination and inspection.

s/FAYE L. MARTIN City Clerk

Filed in the Office of the Secretary of State April 7, 2004.

CITY OF LAFAYETTE- MAYOR AND COUNCIL; COMPENSATION.
ORDINANCE NO. 04-5 ORDINANCE OF THE CITY OF LAFAYETTE, GEORGIA
AN ORDINANCE OF THE CITY OF LAFAYETTE, GEORGIA, FOR THE PURPOSE OF AMENDING THE CHARTER OF THE CITY OF LAFAYETTE, GEORGIA (Ga.L. 1969, p. 2298) BY INCREASING THE COMPENSATION OF THE MAYOR AND COUNCIL MEMBERS; TO

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REPEAL ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

BE IT ORDAINED, by the Mayor and Council ofthe City ofLaFayette, Georgia, and the Mayor and Council of the City of LaFayette, Georgia, hereby ordains as follows, to-wit:

Pursuant to The Municipal Home Rule Act of 1965, as amended, O.C.G.A. 36-35-3 of said Act, as amended, and O.C.G.A. 36-35-4, as amended, the Charter of the City of LaFayette, Georgia (Ga.L. 1969, p. 2298) is amended as follows, to-wit:

I. By deleting from Section 2.16 "one hundred seventy-five dollars ($175.00)" and "one hundred fifty dollars ($150.00)" and substituting in lieu thereof "Three Hundred Fifty ($350.00) Dollars" and "Three Hundred ($300.00) Dollars" respectively.

2. (A) All other ordinances or parts of ordinances heretofore enacted by the City of LaFayette, Georgia, in conflict herewith are hereby repealed. (b) This ordinance shall become effective upon its being adopted at two consecutive meetings of the Mayor and Council of the City of LaFayette, Georgia.

SO ORDAINED AND ADOPTED AT A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE CITY OF LAFAYETTE, GEORGIA, ON THE 9TH DAY OF FEBRUARY, 2004.

CITY OF LAFAYETTE, GEORGIA BY: s/ H. NEAL FLORENCE NEAL FLORENCE MAYOR

ATTEST: s/ MARY HUMPHREY MARY HUMPHREY CITY CLERK

SO ORDAINED AND ADOPTED AT A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE CITY OF LAFAYETTE, GEORGIA, ON THE 8TH DAY OF MARCH, 2004.

CITY OF LAFAYETTE, GEORGIA BY: s/ WAYNE SWANSON WAYNE SWANSON MAYOR PROTEM

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ATTEST: s/ MARY HUMPHREY MARY HUMPHREY CITY CLERK

WM159 NOTICE

Pursuant to 36-35-4 ofthe Official Code of Georgia Annotated, as amended, notice is hereby given that the Mayor and Council of the City of LaFayette, Georgia by Ordinance intends to amend the Charter of the City of LaFayette, Georgia (GA.L. 1969, p. 2298, as amended) by increasing the compensation of the Mayor and Council members. A copy of the proposed Ordinance amending the Charter is on file in the Office of the City Clerk for the City of LaFayette, Georgia and in the Office of the Clerk of Superior Court of Walker County, Georgia, for the purpose of examination and inspection by the public.

This 16th day of January, 2004.

MARY HUMPHREY CLERK, CITY OF LAFAYETTE, GEORGIA wmOl/21,28. 02/04

AFFIDAVIT OF PUBLICATION

State ofGeorgia, } County of Walker } S.S.

I, Donald A. Stilwell do solemnly swear that I am the publisher ofTHE WALKER COUNTY MESSENGER, printed and published at LaFayette in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of legal WMJ59 was inserted in THE WALKER COUNTYMESSENGER in space ofLegal Notices on dates asfollows: January 21, 2004, January 28, 2004, February 4, 2004.

Subscribed and sworn to before me This 15th day of March 2004.

sf RACHEL PENNINGTON SMITH Notary Public, Walker County, Georgia My Commission Expires September 10, 2008

Filed in the Office of the Secretary of State April 8, 2004.

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CITY OF MARlETTA- BOARD OF LIGHTS AND WATERWORKS.

File Reference No.: 20010371 ORDINANCE BILL NO. 6239

AN ORDINANCE AMENDING THE CITY CHARTER OF MARIETTA, GEORGIA

To provide for the amendment to the Charter of the City of Marietta amending Section 5.1 related to the Board of Lights and Waterworks of the City ofMarietta.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MARlETTA, GEORGIA, THAT:

Section I. The Charter of the City of Marietta, Georgia is amended by deleting previous Section 5.1 and adopting a new Section 5.1 to read as follows:

Section 5.1 Created; membership; terms; etc.

The board oflights and waterworks, hereinafter referred to as "board," is declared and created a body corporate with all the powers incident to and necessary to its duties and which has the right to sue and be sued and power to make all contracts and obligations necessary to the duties that devolve upon it. The board shall consist of the mayor of the city and a member of the council of the City of Marietta who shall be appointed by the mayor, with the consent of the majority of council, each January to be effective on the first Monday in January following such appointment for a one-year term and three (3) residents of the City of Marietta and two (2) individuals who have been continuous recipients of services or whose continuous employers have been in a location outside the city of Marietta but continuous recipients of services from the board for at least one and one-half(1-1/2) years and such recipient or employer and/or employment shall continue to receive such services and if such services or employment are discontinued, the member's position on the board shall be declared vacant. If the mayor should not appoint, with the consent of council, a member of council by January 31 of each year, the councilmen may select the council appointment from the council by majority vote. The clerk of the city council shall be ex officio clerk of the board of lights and waterworks, but shall not be a member of the board and shall have such duties as said board may impose upon him, and he shall be allowed such compensation as said board of lights and waterworks may fix previous to entering upon his duties. The members of the board shall be elected by a majority vote of the council and shall serve for a term of four (4) years, or a shorter term as may be specified by the Council at the time of the appointment, and at the end of said time, or sooner if there should be a vacancy in any one ofsaid places, their successors shall be elected

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by the council for the unexpired term. The members of the board shall be paid such compensation as is set by the council.

The board of lights and waterworks shall have a chairperson, a vice chairperson, a manager, and a clerk. The chairperson shall preside at all meetings of the board, shall set the agenda, and, together with the clerk, shall execute all documents in the name of such board. The chairperson shall have full voice and vote. The vice chairperson shall preside in the absence of the chairperson and otherwise perform the duties of the chairperson in the chairperson's absence or inability to perform such duties. The vice chairperson shall be elected annually by the board members from their number at the first meeting of the calendar year. The Mayor of the City of Marietta shall serve ex officio as chairperson of the board with voice and vote, and the Clerk of the City of Marietta shall serve ex officio as clerk and secretary of the board without voice or vote. The board manager shall be hired by the City Manager of the City ofMarietta and may be terminated by the city manager, either of which actions is subject to the approval of the board. The board manager shall report to and coordinate with the city manager concerning all shared departments and functions. The board manager shall have voice but no vote at the meetings of the board.

Section 2. It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses and phrases are severable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or invalid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance.

Section 3. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.

Section 4. This Ordinance shall become effective upon the signature or without the signature ofthe Mayor, subject to Georgia laws 1983, page 4119.

FIRST READING

VOTES FOR:

6

VOTES AGAINST: _ ____,_0_ _

DATE: April 11, 2001
ATTEST: s/ SHELIA R. HILL
SHELIA R. HILL, City Clerk

APPROVED: s/ ANSLEY L. MEADERS ANSLEY L. MEADERS, Mayor

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SECOND READING

VOTESFOR: ____~7~--- VOTES AGAINST: -~0~-

Date: May 9, 200 1
ATTEST: sf SHELIA R. HILL
SHELIA R. HILL, City Clerk

APPROVED: sf ANSLEY L. MEADERS ANSLEY L. MEADERS, Mayor

APPROVED AS TO FORM: sf DOUGLAS R. HAYNIE
Douglas R. Haynie, City Attorney

STATE OF GEORGIA - County of Cobb.

Before me, the undersigned, a Notary Public, this day personally came R. TERRY SMITH, who, being duly sworn, according to law, says that HE is the PRESIDENT of the Marietta Daily Journal, publishers of the Marietta Daily Journal, official newspaper published at Marietta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 27TH day(s) of APRIL 2001, and on the 4TH days of May, 2001, as provided by law.

sf R. TERRY SMITH

Subscribed and sworn to before me this 30th day of May, 200 I

sf DEBRA C. ADAMSON Notary Public My commission expires Aug 31 2004 (SEAL)

M394 PROPOSED CHARTER AMENDMENT
CITY OF MARlETTA, GEORGIA HEARING DATE MAY 9, 2001

Pursuant to O.C.G.A. Section 36-35-3 and O.C.G.A. Section 36-35-4, the City of Marietta has proposed to amend its Charter by amending Section 5.1 of the Charter. The Charter Amendment to be considered would change the definition of the two non-resident members of the Board of Lights and Water and their term.

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A copy of the proposed Charter Amendment is on file with the Clerk of Superior Court of Cobb County and is on file with the Clerk of the City ofMarietta, Georgia. The public hearing date for the proposed Charter Amendment will be May 9, 2001 at 7:00 p.m. in the City Hall for the City of Marietta, Council Chambers. Any member of the public is welcome to examine and inspect the proposed Amendments.

Executed this 16th day of April, 200 l.

Shelia R. Hill, Clerk City of Marietta, Georgia
4:27, 5:4

Filed in the Office of the Secretary of State April 21, 2004.

CUSSETA-CHATTAHOOCHEE COUNTY CHARTER

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CUSSETA-CHATTAHOOCHEE COUNTY- CHARTER; REFERENDUM.

A RESOLUTION OF THE
CUSSETA-CHATTAHOOCHEE COUNTY CHARTER AND UNIFICATION COMMISSION

To provide for the unification of the existing governments of the City of Cusseta and Chattahoochee County; to provide for the creation of the unified government of Cusseta- Chattahoochee County, Georgia; to provide for the status, boundaries, and powers of the unified government; to provide for the form of, administration of, and affairs of the unified government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for a referendum election with respect to the effectiveness of the foregoing; to repeal conflicting laws; and for other purposes.

BE IT RESOLVED BY THE CUSSETA-CHATTAHOOCHEE COUNTY CHARTER AND UNIFICATION COMMISSION:

The following provisions, exclusive of the Table of Contents which is included solely as a convenience to the reader, shall constitute and may be referred to as the charter of the unified government of Cusseta-Chattahoochee County, Georgia.

TABLE OF CONTENTS

ARTICLE I UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS
OF UNIFIED GOVERNMENT

Section 1-101. Unification of County and City; Creation of Unified Government; Name.
Section 1-102. Boundaries. Section 1-103. Status of Unified Government as Municipal Corporation and
County. Section 1-104. Powers of the Unified Government. Section 1-105. Taxing Districts. Section 1-106. Construction.

ARTICLE II LEGISLATIVE ARTICLE

Chapter 1--The Commission

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CUSSETA-CHATTAHOOCHEE COUNTY CHARTER

Section 2-101. Name and Composition. Section 2-102. Term of Office; Qualifications; Disqualifications. Section 2-103. Salary and Expenses of the Commission. Section 2-104. Organization; Oath; Rules; Quorum; Meetings; Records. Section 2-105. Powers of the Commission. Section 2-106. Filling of Vacancies.

Chapter 2--Legislative Procedure

Section 2-201. Legislation by Ordinance. Section 2-202. Introduction, Consideration, and Passage of Ordinances and
Resolutions. Section 2-203. Emergency Ordinances. Section 2-204. Authentication; Recording; Effective Date. Section 2-205. Codes of Technical Regulations. Section 2-206. Codification of Ordinances. Section 2-207. Prima-Facie Evidence.

Chapter 3--Ethics and Prohibited Practices

Section 2-301. Conflict oflnterest. Section 2-302. Disclosure. Section 2-303. Testimony of Public Officials Relating to Public Affairs. Section 2-304. Contracts Voidable and Rescindable. Section 2-305. Hearings and Determinations. Section 2-306. Removal of the Chairman or Commissioner; Procedure for
Removal.

ARTICLE III ADMINISTRATION

Chapter !--Officers

Section 3-101 .. Manager; Appointment; Qualifications; Compensation. Section 3-102. Manager; Powers and Duties. Section 3-103. Attorney; Appointment; Term; Qualifications; Duties;
Compensation. Section 3-104. Sheriff. Section 3-105. Judge of the Probate Court. Section 3-106. Clerk of Superior Court. Section 3-107. Tax Commissioner. Section 3-108. Coroner.

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Chapter 2--Administrative and Service Departments

Section 3-201. Creation and Functions; Generally. Section 3-202. Administrative Reorganization. Section 3-203. Appointment of Directors of Departments. Section 3-204. Departments under State Law.

Chapter 3--Merit System ofPersonne1 Administration

Section 3-301. Establishment of Merit System.

Chapter 4--Boards, Commissions, and Authorities

Section 3-401. Certain Boards, Commissions, and Authorities Continued.

ARTICLE IV JUDICIARY

Section 4-10 1. Superior Court and District Attorney; Unaffected by Charter; Redesignation.
Section 4-102. Juvenile Court; Unaffected by Charter; Redesignation. Section 4-103. Probate Court; Unaffected by Charter; Redesignation. Section 4-104. Magistrate Court; Unaffected by Charter; Redesignation. Section 4-105. Municipal Court ofthe City ofCusseta; Continuation of Operations
in the Magistrate Court and Probate Court of the Unified Government.

ARTICLE V ELECTIONS

Chapter 1--Conduct of Elections

Section 5-l 01. Applicability of General Laws. Section 5-102. Regular Election; Time for Holding; Voting. Section 5-103. Special Elections.

ARTICLE VI REVENUE AND FINANCE

Chapter 1--Taxation and Other Revenues

Section 6-101. Levy and Collection of Taxes, Fees, Charges, and Assessments; Appropriations.
Section 6-102. Collection ofDe1inquent Taxes and Fees.

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Chapter 2--Borrowing and Indebtedness

Section 6-201. Issuance of General Obligation Bonds. Section 6-202. Debt Limitation; General Obligation Bonds. Section 6-203. Revenue Bonds. Section 6-204. Use of Bond Proceeds.

Chapter 3--Financial Administration

Section 6-30 l. Fiscal Year. Section 6-302. Preparation of Budgets. Section 6-303. Scope of Budgets. Section 6-304. Submission of Budgets to the Commission. Section 6-305. Adoption of Budgets. Section 6-306. Property Tax Levies. Section 6-307. Limitation of Funds. Section 6-308. Transfer of Funds. Section 6-309. Lapse of Appropriations. Section 6-310. Annual Audit.

Chapter 4--Procurement and Disposition of Property

Section 6-40 I. Contracting. Section 6-402. Sale and Disposition of Property.

ARTICLE VII GENERAL PROVISIONS

Section 7-101. Application of Laws; Laws in Force. Section 7-102. Limitation on Claims and Service. Section 7-103. Tort and Nuisance Liability. Section 7-104. Conflict of Laws. Section 7-105. Competitive Bidding. Section 7-106. Execution of Assessments. Section 7-107. Authority to Deal with Federal and State Agencies. Section 7-108. Federal and State Aid. Section 7-109. Budgets of County Officers and Agencies. Section 7-II 0. Existing Pension Rights Protected. Section 7-Ill. Establishment of New Pension Systems; Merging of Existing
Systems. Section 7-112. Amending Charter. Section 7-113. Fidelity Bonds. Section 7-114. Examples ofPowers. Section 7-115. Section Captions.

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Section 7-116. Effect ofRepeals. Section 7-117. Severability Clause. Section 7-118. Repeal of Conflicting Laws.

ARTICLE VIII TRANSITION PROVISIONS

Section 8-101. Special Election of First Officials. Section 8-102. Initial Terms of Office. Section 8-103. Effective Date of Charter. Section 8-1 04. Cooperation ofFormer Governments. Section 8-105. Existing Ordinances and Resolutions Continued in Effect. Section 8-106. Contracts and Obligations. Section 8-107. Dissolution of Existing Governments. Section 8-108. Transfer of Records and Equipment. Section 8-109. Officers Serve Until Successors Qualify. Section 8-110. Referendum on the Charter.

ARTICLE I UNIFICATION, CREATION, BOUNDARIES, STATUS, AND
POWERS OF UNIFIED GOVERNMENT

SECTION 1-101. Unification of County and City; Creation of Unified Government;
Cusseta-Chattahoochee County.

(a) The governmental and corporate powers, duties, and functions now vested in the governing authority of the City of Cusseta, a municipal corporation chartered by an Act of the General Assembly of Georgia, approved Apri/17, 1975 (Ga. L. 1975, p. 3617), are hereby unified with the governmental and corporate powers, duties, and functions of Chattahoochee County. This unification shall result in the creation and establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits ofChattahoochee County, which single government shall supersede and replace the governments ofthe City ofCusseta and Chattahoochee County. Said county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the state, to be known as the "Unified Government of Cusseta-Chattahoochee County, Georgia," (herein at times called the "Unified Government,") having all the governmental and corporate powers, duties, and functions heretofore held by and vested in the City of Cusseta and Chattahoochee County, and also the powers, duties, and functions provided in this charter. The unified government shall be a public corporation; shall have perpetual existence; shall adopt a common seal; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all the properties of whatsoever kind or nature, assets, contracts,

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franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, enjoyed, or held by the City of Cusseta or Chattahoochee County; and by the name of Cusseta-Chattahoochee County, Georgia, shall be capable of suing and being sued when authorized by this charter and by the Constitution and laws of the State of Georgia. From and after the effective date of this charter, the political subdivision known as Chattahoochee County, Georgia, and the municipal corporation known as the City of Cusseta, Georgia, shall be unified into the said new political entity herein created. (b) The unification of the governments of the City of Cusseta and Chattahoochee County is authorized pursuant to the provisions of Article IX, Section III, Paragraph II(a) of the Constitution of Georgia of 1983, as amended, and an Act establishing the Cusseta-Chattahoochee County Charter and Unification Commission, approved Aprill3, 2001, (Ga. L. 2001, p. 4305).

SECTION 1-102. Boundaries.

The unified government shall embrace the total area included within the existing territorial limits of Chattahoochee County as such limits are fixed and established on the effective date of this charter. However, such limits may be altered and changed from time to time as provided by the Constitution and laws of the State of Georgia pertaining to counties.

SECTION 1-103. Status of Unified Government as Municipal Corporation and County.

The unified government shall be deemed to be both a municipal corporation and a county throughout the total territory ofsaid government. It is the express intention of this section to declare as a city and as a part of the unified government all of the area of Chattahoochee County except as otherwise provided in this charter.

SECTION 1-104. Powers of the Unified Government.

(a) The Unified Government of Cusseta-Chattahoochee County, Georgia, shall have all powers of self-government authorized by the Constitution and not otherwise prohibited by the laws of Georgia. (b) In addition to the foregoing, the unified government shall have all rights, powers, duties, privileges, and authority that the City of Cusseta or Chattahoochee County, or both, have under the Constitution and general and local laws ofthe State of Georgia at the time of adoption of this charter, except as herein expressly modified. This authority shall include but shall not be limited to the authority to adopt home rule ordinances and resolutions as provided in Article IX, Section II of the Constitution of the State of Georgia.

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(c) In addition to the foregoing, the unified government shall have all rights, powers, duties, privileges, and authority herein conferred or herein enlarged, and such other rights, powers, duties, privileges, and authority as may be necessary and proper for carrying the same into execution, and also all rights, powers, duties, privileges, and authority, whether express or implied, that may be now vested in or hereafter granted to counties or municipal corporations, or both, by the Constitution and laws of the State of Georgia, including the powers vested in the unified government by this charter. (d) The unified government, in addition to the rights, duties, powers, privileges, and authority expressly conferred upon it by this charter, shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of said government and its constituents and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein and to do and perform all of the acts pertaining to its property, affairs, and local government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions. (e) No enumeration of any right, power, privilege, or authority hereinafter made shall be construed as limiting or abolishing any right, power, privilege or authority hereinabove set forth. (f) In addition to and supplementary to all other powers which it may possess, and by way of illustration and not of limitation, the unified government shall have the powers specifically enumerated in Section 7-114 of this charter.

SECTION 1-105. Taxing Districts.

(a) The unified government shall divide the county into two or more taxing districts. Such taxing districts shall include one district conterminous with the former boundaries of the City of Cusseta, and within such district such taxes shall be levied as may be necessary to retire any bonded indebtedness of the City of Cusseta, which is outstanding on the effective date of the abolishment of the City of Cusseta. Additionally, in the taxing district of the former City of Cusseta, the unified government shall levy such taxes as are necessary to retire any other indebtedeness of the City of Cusseta which is outstanding on the effective date of the abolishment of the City of Cusseta. Such taxing districts may also include one or more service districts. (b) Taxes shall be assessed, levied, and collected in accordance with the kind, character, type, degree, and level of services provided by the government within said service districts, and the rate and manner of taxation may vary in any one district from that in another or other districts.

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(c) The unified government may also establish special services districts, which shall embrace such territory or territories for which provision is made by the Commission for additional or higher levels of services provided by the unified government. (d) In the establishment or modification of service districts and special services districts, the unified government shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date ofsuch hearings shall be published in the official legal organ of Chattahoochee County at least once a week during the two weeks immediately preceding the date of hearing.

SECTION 1-106. Construction.

The powers of the unified government shall be construed liberally in favor of the unified government. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general powers of the unified government as provided in this article. It is the intention hereof to grant to the unified government full power and right to exercise all governmental authority authorized by the Constitution and laws of Georgia which is necessary for the effective operation and conduct of the unified government within its territory and for the conduct of all of its affairs.
ARTICLE II LEGISLATIVE ARTICLE

CHAPTER 1--The Commission

SECTION 2-101. Name and Composition.

There is hereby created the "Commission of Cusseta-Chattahoochee County, Georgia." Membership on the Commission is a part-time position. The Commission shall consist of five members elected at-large for specified posts.

SECTION 2-102. Term of Office; Qualifications; Disqualifications.

(a) The term of office of all members of the Commission, except for the initial terms of the initial members, shall be four years with members serving until their successors are elected and qualified. A Commissioner appointed or elected to fill a vacancy shall serve only for the balance of the unexpired term as provided in Section 2-106 of this charter. All terms of office following the initial terms shall commence at the first regular meeting in January next following the election.

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(b) No person shall be eligible for election or appointment to the Commission unless such person, on or before the date of election or appointment, shall have attained the age of 21 years, shall be a qualified voter of the unified government, and shall have resided within the county for one year on the date of qualifying for election. A member of the Commission shall continue to reside within the county during such member's term of office. (c) No member of the Commission, during that member's term of office, shall hold any other federal, state, or local government elected or appointed office.

SECTION 2-103. Salary and Expenses of the Commission.

(a) The salary of each Commissioner shall be $3,600.00 per year, payable in equal monthly installments. The Chairman shall receive an additional $600.00 per year, payable in equal monthly installments. (b) In addition to the salary, Commissioners shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government. (c) The salary of members of the Commission may be changed by ordinance or resolution, in the manner specified for county governing authorities in Code Section 36-5-24 of the O.C.G.A. or any similar future general law of the State of Georgia.

SECTION 2-104. Organization; Oath; Rules; Quorum; Meetings; Records.

(a) The Commission shall meet for organization and swearing-in purposes on the first Monday in January next following its election or as soon thereafter as practicable. At this meeting, the newly elected or reelected Commissioners shall each take the following oath of office, to be administered by the judge of the probate court or any other person duly authorized to administer oaths:

"I do solemnly swear (or affirm) that I will well and truly perform the duties of Commissioner of the Unified Government of Cusseta-Chattahoochee County, Georgia, and that I will support and defend the charter thereof, as well as the Constitution and laws of the State of Georgia and of the United States of America, so help me God."

(b) The Commission, by majority vote, shall adopt rules of procedure governing the transaction of its business consistent with the provisions of this charter, shall adopt by ordinance or resolution the time, date, and place for regular meetings, which will be held at least once each month, and shall provide for keeping minutes of its proceedings by the Manager as provided in Section 3-102 of this charter.

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(c) At its first organization meeting, the Commission shall select the date when it will hold its regular monthly meetings. (d) Three of the five members of the Commission shall constitute a quorum for the transaction ofbusiness; however, a smaller number may adjourn from time to time. (e) Special meetings of the Commission may be called by the chairperson or by any three Commissioners upon no less than 24 hours' written notice to each member served personally or left at the usual place ofbusiness or residence ofsuch member. Such notice of a special meeting may be waived in writing either before or after the meeting. Subject to subsection (d) of Code Section 50-14-1 of the O.C.G.A., special meetings may be held at any time without notice to all Commissioners, upon attendance at such meeting by all members of the Commission, or by waiver of notice of those not in attendance. (f) All meetings of the Commission, except for those exceptions provided for in general law, shall be public and any citizen shall have access to the minutes and records thereof at reasonable times. (g) At its first meeting in January of each year, a chairperson and vice-chairperson shall be elected by and from the membership of the Commission to serve for terms of one year. Such an election shall take place at the first regular meeting of the Commission each year and whenever necessary to fill a vacancy in either office.

SECTION 2-105. Powers of the Commission.

(a) All legislative powers of the unified government of Cusseta-Chattahoochee County, Georgia, including any such powers, which may hereafter be conferred by law upon said government, shall be vested exclusively in and exercised by the Commission in accordance with the provisions of this charter. (b) In addition to its legislative powers, the Commission shall specifically have the power to:
( 1) Adopt and from time to time amend the budget; (2) Approve or reject recommendations concerning the appointments of the Manager, Attorney, and Auditor; and (3) Remove from office the Manager, Attorney, and Auditor by majority vote of the entire Commission. (c) In the exercise of its powers, the Commission shall adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this charter and for the promotion and protection of the safety, health, peace, security, and general welfare of the inhabitants of the Cusseta-Chattahoochee County, Georgia, and may enforce such ordinances, resolutions, rules, and regulations by imposing penalties for violations thereof, as prescribed by ordinance, by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding 60 days, or both.

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(d) Except as otheJWise provided by the Constitution, general or local law, or this charter, the Commission may by ordinance or resolution create, change, alter, combine, abolish, consolidate, and redefine the manner of appointment, membership, powers, and duties of bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of the unified government, including positions of public employment, and may transfer and delete functions and assign additional functions to any bureaus, offices, agencies, departments, divisions, boards, authorities, commissions, and positions of public employment existing under this charter. The Commission may by ordinance or resolution transfer all the assets, liabilities, and obligations thereof to a department, a division, or other unit of a department of the unified government, which shall have the power, and its duty shall be, to perform and exercise all the functions and powers theretofore performed and exercised by such board, commission, authority, division, agency, bureau, office, department, or position of public employment. This subsection, however, does not apply to any authorities or boards, which were created by either a local constitutional amendment or by a local Act of the General Assembly. (e) The Commission shall have the power to conduct or cause to be conducted inquiries and investigations of the operations of any office, department, or agency or the conduct of any officer or employee thereof administering the affairs of the unified government. In conducting inquiries and investigations, the Commission shall have the right to administer oaths; subpoena witnesses, documents, records, or other evidence; take testimony; and require the production of evidence. The conduct ofproceedings at Commission inquiries and investigations shall be subject to such rules and regulations as the Commission may prescribe by general ordinance or resolution. (f) The Commission shall provide for the form of oaths and the amount and condition of surety bonds as may be required of any officer or employee of the unified government. (g) The Commission shall have and exercise such other powers as conferred upon it by this charter and the laws of Georgia.

SECTION 2-106. Filling of Vacancies.

(a) In the event that the office ofa member of the Commission shall become vacant by reason of death, resignation, or any other cause, and the term shall expire in less than 180 days, the vacant position shall be filled by appointment by the remaining members of the Commission. Any individual so appointed must have the same qualifications required for election to the office. (b) If the term of the vacant Commission position will continue for more than 180 days, a special election shall be held as provided in this charter and in general state law to elect a new member of the Commission to serve for the remainder of the term.

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CHAPTER 2--Legislative Procedure

SECTION 2-201. Legislation by Ordinance.

Every official act of the Commission which, is to have the force and effect oflaw, shall be by ordinance and shall begin with the words: "The Commission of Cusseta-Chattahoochee County, Georgia, hereby ordains". All other acts of the Commission shall be by resolution or shall take such other form as prescribed by its rules.

SECTION 2-202. Introduction, Consideration, and Passage of Ordinances and Resolutions.

(a) Every proposed ordinance and every amendment shall contain not more than one subject which shall be clearly expressed in its title. (b) Every proposed ordinance and every amendment shall be introduced in writing. (c) Prior to the introduction of any ordinance, copies of it shall be prepared by the Manager and distributed to each member of the Commission and to the Attorney. It shall be the duty of the Attorney to review the draftsmanship and impact of each ordinance. Within seven days after a proposed ordinance has been introduced, the Manager shall cause to be published in a newspaper of general circulation designated as the legal organ of the unified government a brief description of the subject and purpose of the ordinance and notice of the availability of the proposed ordinance for public inspection in the office of the Manager. (d) A summary of every proposed ordinance shall be read upon first introduction and by title at the next regular meeting not less than fourteen days following the meeting ofits introduction. In no event however, except for emergency ordinances, may any ordinance be voted on in less than fourteen days after it is introduced. (e) The adoption of any ordinance shall be by the affirmative vote of at least three of the five Commissioners. (f) The passage of all ordinances shall be contingent upon the recording of the "ayes" and "nays" of each Commissioner, and the names of the Commissioners voting for and against each proposed ordinance or amendment, those abstaining, and those absent shall be entered upon the minutes of the proceedings of the Commission. (g) Resolutions may be adopted at any regular or special called meeting provided same shall be by the affirmative vote of at least three of the five commissioners.

SECTION 2-203. Emergency Ordinances.

To meet a public emergency threatening life, health, property, or public safety, the Commission may adopt emergency ordinances; provided, however, that such

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ordinances may not be enacted to levy taxes; to grant, renew, or extend a franchise; to regulate the rate charged for any public utility or service; or to authorize the borrowing of money unless it shall be repaid in 30 days or less. An emergency ordinance shall be in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain a declaration stating what emergency exists. An emergency ordinance may be adopted with or without amendment or it may be rejected at the meeting at which it is introduced, but the affirmative vote of at least four of the five members of the Commission shall be required for adoption. An emergency ordinance shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed on the thirtieth day following the date on which it was adopted; but if the emergency still exists, this shall not prevent reenactment ofthe ordinance in the manner specified in this section. An emergency ordinance may also be repealed by adoption of a regular repealing ordinance or an emergency repealing ordinance.

SECTION 2-204. Authentication; Recording; Effective Date.

All ordinances which have become law shall immediately be deposited in the official archives of the Manager. The Manager shall note on the face of the ordinance the date and time it has become law and the ordinance shall become effective at noon on the day following it becoming law or at such later time as it may specify. The Manager shall authenticate by his or her signature each ordinance which has become law.

SECTION 2-205. Codes of Technical Regulations.

(a) The Commission 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 ofany adopted code oftechnical regulations shall be made available by the Manager for public inspection and for purchase at a reasonable price as fixed by the Commission.

SECTION 2-206. Codification of Ordinances.

The Commission shall provide for the preparation of a general codification of all ordinances of a general or permanent nature as provided in Code Section 36-80-19 of the O.C.G.A.

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SECTION 2-207. Prima-Facie Evidence.

A record or entry made by the Manager or a copy of such record or entry, duly certified by the Manager, shall be prima-facie evidence of the terms of every ordinance and its due publication.

CHAPTER 3--Ethics and Prohibited Practices

SECTION 2-301. Conflict of Interest.

No elected official, appointed officer, or employee of Cusseta-Chattahoochee County, Georgia, or any agency or political entity to which this charter applies shall knowingly:
(I) Engage in any business or transaction in which the person has a financial interest, which is incompatible with the proper discharge of official duties; (2) Disclose confidential information concerning the property, government, or affairs ofthe governmental body by which such person is engaged or is a member of without proper legal authorization or use that information to advance the financial or other private interest of such person or others; (3) Accept any gift that has a value of $100.00 or more from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body he or she is a member of or by which such 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 campaign; (4) Represent private interests other than his or her own in any action or proceeding against Cusseta-Chattahoochee County, Georgia, or any portion of its government; or (5) Vote or otherwise actively participate in the negotiation or the making of any contract between Cusseta-Chattahoochee County, Georgia, and any business or entity in which he or she has a financial interest.

SECTION 2-302. Disclosure.

Any elected official, appointed officer, or employee of the unified government or of any board, commission, authority, or agency thereof who shall have any private financial interest, direct or indirect, in any contract or matter pending before or within any department ofthe unified government shall disclose such private interest to the Commission. Any Commissioner who has a private interest in any matter pending before the Commission shall disclose such private interest and such disclosure shall be entered on the records of the Commission, and he or she shall

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disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any board, commission, authority, or agency of the unified government who shall have any private financial interest, direct or indirect, in any contract or matter pending before or within such entity, shall disclose such private interest to the Commission.

SECTION 2-303. Testimony of Public Officials Relating to Public Affairs.

Any officer or employee of the unified government or of any board, commission, authority, or agency thereofwho is duly and properly called as a witness before any unified government, state, or federal judicial or administrative tribunal and who shall before such tribunal fail to answer any proper question concerning the performance ofhis or her official duties shall be guilty ofa violation of this charter.

SECTION 2-304. Contracts Voidable and Rescindable.

Any contract by the unified government or any board, commission, authority, agency, or entity thereof made in violation of the provisions of this charter shall be voidable or rescindable at the option of the Commission at any time if any elected official, appointed officer, or employee of such unified government or board, commission, authority, agency, or entity thereof has any interest in such contract and does not disclose such interest in accordance with Section 2-302 ofthis charter.

SECTION 2-305. Hearings and Determinations.

Upon the sworn complaint of any person alleging facts which if true would constitute a violation of this charter, the Commission may conduct a public hearing at which the accused shall be given an opportunity to be heard, either personally or through counsel. At the conclusion of such hearing, the Commission, with the exception ofany commissioner who stands accused shall, in written findings of fact and conclusions based thereon, make a determination by a majority of the Commission concerning the propriety of the conduct of the official or employee in question.

SECTION 2-306. Removal of the Chairman or Commissioner; Procedure for Removal.

(a) The chairman or any commissioner shall be subject to removal from any office for any one (1) or more of the following causes:
( l) Incompetence, misfeasance or malfeasance in office;

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(2) Conviction of a crime involving moral turpitude or a crime punishable as a felony; (3) Failure at any time to possess any of the qualifications of office as provided by this Charter or by law; (4) Violation of Ethics and Prohibited Practices as set forth in Article II, Chapter 3 of this Charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this Charter or by law. (b) Removal of an elected officer provided for in this Section from office may be accomplished by one (1) of the following methods: (1) By affirmative vote of four (4) members of the Commission. In the event an elected officer is sought to be removed by the action of the Commission, such officer shall be first entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than 30 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 Commission to the superior court for a jury trial de novo. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By information filed in the superior court as authorized by Code Section 9-6-64 of the O.C.G.A., as amended.

ARTICLE III ADMINISTRATION

CHAPTER !--Officers

SECTION 3-101. Manager; Appointment; Qualifications; Compensation.

The Manager shall be appointed as the full-time administrative officer ofthe unified government. No person holding an elective office in Cusseta-Chattahoochee County shall be eligible for appointment until one year after leaving elective office. Such appointment shall be by a majority vote of the total membership of the Commission. The Manager shall be prohibited from engaging in any political activity, and the Manager shall not be eligible to qualify as a candidate for an elective office in Cusseta-Chattahoochee County for one year after leaving office. The Manager shall be appointed for a term of three years; may succeed himself or herself; and at any time may be removed from office for cause after written notice and hearing by a majority vote of the entire Commission. The Manager need not be a resident of Cusseta-Chattahoochee County at the time of his or her appointment but shall establish residence therein within six months of such appointment and continue to reside therein throughout such appointment. The

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qualifications and compensation of the Manager shall be fixed by ordinance or resolution.

SECTION 3-102. Manager; Powers and Duties.

(a) The Manager shall be responsible for: (1) The management and coordination of the operations and activities of the various departments and agencies of the unified government; (2) The appointment and removal of all heads of departments who are subject to his or her control and direction as provided for by this Charter but only after having first obtained the advice and consent of the commission; (3) The preparation of the proposed annual budget; (4) Keeping the Commission at all times fully advised as to the financial condition and needs of the unified government; (5) Conducting studies and investigations and making reports thereon to the Commission concerning the operations of the departments, offices, and agencies of the unified government; (6) Requiring any department, board, commission, or agency under the Manager's jurisdiction to submit written reports and to provide other information as deemed necessary; (7) Prescribing, requiring, publishing, and implementing standards of administrative, management, and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies ofthe unified government which are subject to the Manager's supervision and jurisdiction; (8) Acting as the purchasing agent of Cusseta-Chattahoochee County; and (9) Maintaining all required records of the operations and activities of Cusseta-Chattahoochee County, including the minutes of all meetings of the Commission of Cusseta-Chattahoochee County. (10) Perform such other duties as may be required by law, this Charter, Ordinance or resolution of the Commission. (11) Directing and supervising the administration of the construction, maintenance, and operation ofpublic streets, sidewalks, roads, bridges drains and buildings and other public works.
(b) Except for the purpose of inquiry and investigation, the Commission shall deal with employees of the unified government who are subject to appointment and removal by the Manager solely through the Manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly.

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SECTION 3-103. Attorney; Appointment; Term; Qualifications;
Duties; Compensation.

(a) The Attorney shall be appointed by a majority vote of the entire Commission and at any time may be removed for cause after written notice and hearing by a majority vote of the entire Commission. (b) The Attorney shall be an active member of the State Bar of Georgia in good standing and shall satisfy any other qualifications established by ordinance and shall have had at least five (5) years experience in active practice of the law. (c) The Attorney shall be the legal counsel to the unified government and shall perform such other duties as may be required by this charter or by ordinance. (d) The compensation of the Attorney shall be as prescribed by a duly adopted ordinance or resolution.

SECTION 3-104. Sheriff.

The Sheriff of Chattahoochee County in office on the effective date of this charter shall be the Sheriff of Cusseta-Chattahoochee County, Georgia. The Sheriff shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for Sheriff shall be on the same basis as provided by law for the election of sheriffs generally. The Sheriff shall be responsible for the operation of the jail, the transport of prisoners, the service of process, and such other duties being provided on the effective date of this charter. The Sheriff shall have such other or different powers and duties as provided by the Constitution and laws of Georgia.

SECTION 3-105. Judge of the Probate Court.

The Judge of the Probate Court of Chattahoochee County in office on the effective date of this charter shall be the Judge of the Probate Court of Cusseta-Chattahoochee County, Georgia. The Judge of Probate Court shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the Judge of the Probate Court shall be on the same basis as provided by law for the election of probate judges generally._ The Judge ofthe Probate Court shall perform the same duties and exercise the same powers as conferred on probate judges generally by the Constitution and laws of Georgia.

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SECTION 3-106. Clerk of Superior Court.

The Clerk of Superior Court of Chattahoochee County in office on the effective date of this charter shall be the Clerk of Superior Court of Cusseta-Chattahoochee County, Georgia. The Clerk of Superior Court shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the Clerk of Superior Court shall be on the same basis as provided by law for the election of clerks of superior court generally. The Clerk of Superior Court shall perform the same duties and exercise the same powers as conferred on clerks of superior court generally by the Constitution and laws of Georgia.

SECTION 3-107. Tax Commissioner.

The Tax Commissioner of Chattahoochee County in office on the effective date of this charter shall be the Tax Commissioner of Cusseta-Chattahoochee County, Georgia. The Tax Commissioner shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for Tax Commissioner shall be on the same basis as provided by law for the election of tax commissioners generally. The Tax Commissioner shall perform the same duties and exercise the same powers as conferred on tax commissioners generally by the Constitution and laws of Georgia.

SECTION 3-108. Coroner.

The Coroner of Chattahoochee County in office on the effective date ofthis charter shall be the Coroner ofCusseta-Chattahoochee County, Georgia. The Coroner shall serve for the same term as provided by law, and compensation shall be fixed as provided by law. Subsequent elections for Coroner shall be on the same basis as provided by law for the election of coroners generally. The Coroner shall perfonn the same duties and exercise the same powers as conferred on coroners generally by the Constitution and laws of Georgia.

CHAPTER 2--Administrative and Service Departments

SECTION 3-201. Creation and Functions; Generally.

Except as otherwise provided by this charter or by law, the administrative and service departments of the unified government shall be created and established by ordinance or resolution and shall perform such functions, duties, services, and

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responsibilities as enumerated therein and as prescribed by administrative regulations.
SECTION 3-202. Administrative Reorganization.

The Commission may, by ordinance or resolution, reorganize, combine, consolidate, or discontinue any department or agency of the unified government subject to the jurisdiction of the Commission and may, by ordinance or resolution, prescribe the functions and duties thereof and may establish, abolish, or alter all non-elective offices and positions of employment as necessary for the proper administration of the unified government.

SECTION 3-2il3. Appointment of Directors of Departments.

All directors of departments under the supervision and direction of the Manager shall be appointed by the Manager subject to the advice and consent of the Commission. The directors of all such departments shall serve at the pleasure of the Manager subject to the advice and consent of the Commission.

SECTION 3-204. Departments under State Law.

All departments which are created pursuant to state or federal law and which administer various state and federal programs and services shall continue their operations without interruption resulting from the adoption of this charter.

CHAPTER 3--Merit System of Personnel Administration
SECTION 3-301. Establishment of Merit System.

(a) The Commission may establish, by ordinance, a Merit System of Personnel Administration for Cusseta-Chattahoochee County, Georgia. In such case, all positions in the service of Cusseta-Chattahoochee County, Georgia, shall be in the Classified (Merit System) Service except the following which are declared to be in the Unclassified Service:
(1) Officers elected by the people and persons appointed to fill vacancies in elective offices; (2) Members ofboards and commissions; (3) Directors of departments; (4) Persons temporarily employed in a professional or scientific capacity or to conduct a special inquiry, investigation, examination, or installation;

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(5) Temporary and part-time employees; and (6) Such other employees as may be excluded from coverage under the merit system as provided by ordinance or resolution or other applicable law. (7) The manager and attorney. (b) The Merit System of Personnel Administration, ifso established, shall provide for classification of positions, the manner and method of publicizing vacancies, employing and appointing personnel, the qualifications of employees, employee performance evaluations, salaries, hours of employment, vacations, sick leave, special workers' compensation, job security, promotion, demotion, disciplinary procedures, transfer, layoff, removal, welfare of employees, retirement policy, payment of premiums of employee insurance benefits, grievance procedures, service awards, training leave, and any other measures that promote the hiring and retaining of capable, diligent, and honest career employees, all of which shall be in accordance with the concept of affirmative action as provided by federal law.

CHAPTER 4--Boards, Commissions, and Authorities

SECTION 3-401. Certain Boards, Commissions, and Authorities Continued.

All existing boards, commissions, and authorities are continued without interruption on the effective date of this charter.

ARTICLE IV JUDICIARY

SECTION 4-101. Superior Court and District Attorney; Unaffected by Charter; Redesignation.

The Superior Court of Chattahoochee County, including the office of the District Attorney, shall continue its operations without interruption resulting from the adoption ofthis charter, and nothing herein shall be construed as affecting the status of said court. The court shall be known as the Superior Court of Cusseta-Chattahoochee County, Georgia.

SECTION 4-102. Juvenile Court; Unaffected by Charter; Redesignation.

The Juvenile Court of Chattahoochee County shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of said court. The court shall be known as the Juvenile Court of Cusseta-Chattahoochee County, Georgia.

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SECTION 4-103. Probate Court; Unaffected by Charter; Redesignation.

The Probate Court of Chattahoochee County shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of said court. The court shall be known as the Probate Court of Cusseta-Chattahoochee County, Georgia.

SECTION 4-104. Magistrate Court; Unaffected by Charter; Redesignation.

The Magistrate Court of Chattahoochee County shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of said court. The court shall be known as the Magistrate Court of Cusseta-Chattahoochee County, Georgia.

SECTION 4-105. Municipal Court of the City of Cusseta; Continuation of Operations in the
Magistrate Court and Probate Court of the Unified Government.

On the effective date of this charter, the Municipal Court of the City of Cusseta shall be abolished, and all jurisdiction and pending matters of the municipal court shall be transferred to the Magistrate Court or Probate Court of Cusseta-Chattahoochee County, Georgia.

ARTICLE V ELECTIONS

CHAPTER 1 -Conduct of Elections

SECTION 5-101. Applicability of General Laws.

Except as otherwise provided by this charter, primaries and regular and special elections shall be conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." As used in said Code, the terms "election" or" general election" shall be construed to include the term "regular election" as provided in this charter; the term "governing authority" shall include the Commission ofCusseta-Chattahoochee County, Georgia; the terms "municipal," "municipality," or "county" shall include Cusseta-Chattahoochee County, Georgia; and the term "public office" shall include elective offices ofCusseta-Chattahoochee County, Georgia. Pursuant to the authority granted in Article 9 Section 3 paragraph 2(a) of the Georgia Constitution and the authority granted in Senate Bill No. 228 Act No. 149 section 6(b) approved by the Governor on Aprill3, 2001 (Ga Laws

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2001, p. 4305) elections for members ofthe Commission ofthe unified government shall be conducted in nonpartisan primaries and elections.

SECTION 5-102. Regular Election; Time for Holding; Voting.

Except for the initial elections which may or may not be held on the date of regular state elections, regular elections for the elective public offices of Cusseta-Chattahoochee County, Georgia, shall be held on the same Tuesday in November when regular state elections are held.

SECTION 5-103. Special Elections.

All special elections shall be held and conducted in accordance with applicable provisions of Chapter 2 ofTitle 21 of the O.C.G.A., the "Georgia Election Code," that govern the conduct of county elections.

ARTICLE VI REVENUE AND FINANCE

CHAPTER 1-Taxation and Other Revenues

SECTION 6-101. Levy and Collection of Taxes, Fees, Charges,
and Assessments; Appropriations.

(a) For the purpose of raising revenue for the support and maintenance of the government ofCusseta-Chattahoochee County, Georgia, the Commission shall have full power and authority to levy and collect taxes to the extent hereinafter provided and to appropriate funds and expend money:
( I) For the purposes authorized by this charter; (2) For the discharge of the powers, duties, obligations, liabilities, and functions specified in this charter; (3) For any and all purposes and any and all subjects of taxation for which the City of Cusseta or Chattahoochee County may have been authorized and in accordance with those authorizations to levy and collect taxes and to appropriate and expend funds under the Constitution or any general or special law ofGeorgia applicable to the City of Cusseta or Chattahoochee County on the effective date of this charter; and (4) For any purpose authorized by the Constitution or any general or special law of Georgia applicable to municipal corporations and counties generally now of force or hereafter enacted.

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(b) The Commission shall have full power and authority to levy and collect the following taxes, charges, and assessments:
( 1) Ad valorem taxes on all real and personal property situated within Cusseta-Chattahoochee County, Georgia, which is subject to taxation for state, county and municipal purposes, or for any other public purpose, to the full extent permitted by the Constitution and laws of Georgia; (2) Occupation and business license taxes that are not prohibited by the Constitution and general laws of Georgia; (3) An excise tax on rooms, lodgings, or accommodations as now or hereafter provided by law for counties and municipalities; (4) License fees and taxes on insurance companies as authorized by Code Sections 33-8-8 through 33-8-8.6 of the O.C.G.A.; (5) A public utility franchise tax, fee, or both, on each electric light and power company, gas company, telephone and telegraph company, and other public utility making use of the roads, streets, alleys, or other public ways of the unified government for the purpose of rendering services therein; (6) Franchise fees on cable television systems as now or hereafter provided by law for counties; (7) Fees, assessments, and charges for the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, storm sewers, drainage structures, or other utility mains and appurtenances from the abutting property owners under any terms and conditions as provided by ordinance; (8) Fees, assessments, charges, and tolls for sanitary and health services or any other services rendered within and outside the limits of the unified government under such terms and conditions as provided by ordinance; (9) All other such taxes, charges, or assessments as the City of Cusseta or Chattahoochee County were authorized and empowered to make and collect upon the effective date of this charter, which powers may be exercised throughout the area ofthe unified government, or appropriate portions thereof, including any tax now or hereafter authorized by state 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 the Commission to govern its local affairs. When authorized by this charter or a statute or the Constitution of the State of Georgia, the Commission shall have full power and authority to assess, levy, charge, and collect taxes, rentals, interest, fees, penalties, fines, and costs; to receive income on investments; to accept funds, services, or property from other political subdivisions and public agencies, either local, state, or national, and from 'private persons, firms, or corporations; and to contract with them for any public purpose; ( 10) An excise tax upon the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink as now or hereafter provided by law for counties and municipalities; ( 11) An excise tax upon the sale, transfer, or dispensing of malt beverages and alcoholic beverages within Cusseta-Chattahoochee County, Georgia, by

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wholesale or retail dealers as now or hereafter provided by law for counties and municipalities. In addition, the Commission shall have the authority to impose, assess, levy, and collect an excise tax upon the sale, transfer, or dispensing of wine by wholesale or retail dealers within Cusseta-Chattahoochee County, Georgia, as now or hereafter provided by law for counties and municipalities; and (b) Such other taxes and charges as provided by law.

SECTION 6-102. Collection of Delinquent Taxes and Fees.

The collection of delinquent taxes and fees shall be as provided in state law for the collection of delinquent property taxes by counties.

CHAPTER 2--Borrowing and Indebtedness

SECTION 6-201. Issuance of General Obligation Bonds.

(a) The Commission shall be authorized to issue and sell general obligation bonds, after approval of the qualified voters, under the provisions of the Constitution and general laws of Georgia for any public purpose for the benefit of the unified government or any tax area or service district thereof; provided, however, that for the purpose of issuing and selling such general obligation bonds, the unified government shall be deemed a county and the provisions of the Constitution and laws of Georgia governing the limitations, terms, and procedures for the issuance and sale of bonds by counties shall apply to the unified government unless otherwise provided by this charter. (b) All general obligation bonds shall be issued in the name of Cusseta-Chattahoochee County, Georgia, and shall be an obligation thereof, and the full faith and credit of the unified government shall be pledged for all general obligation bonds issued thereunder which are payable from ad valorem taxes, and for such purpose, the Commission shall have the authority to levy and collect ad valorem taxes without limit as to rate or amount on all taxable property within the territorial limits of the unified government.

SECTION 6-202. Debt Limitation; General Obligation Bonds.

The total general obligation bond indebtedness of the unified government payable from ad valorem taxes (including all outstanding general obligation bonds of the former City of Cusseta and Chattahoochee County on the effective date of this charter) shall not exceed 10 percent of the assessed value of all taxable property within the territorial limits of the unified government.

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SECTION 6-203. Revenue Bonds.

The Commission shall be empowered and authorized to issue revenue bonds for the purposes and in the manner as now or hereafter provided by Article 3 of Chapter 82 ofTitle 36 of the O.C.G.A., the "Revenue Bond Law."

SECTION 6-204. Use of Bond Proceeds.

All revenue derived by the unified government from the issuance and sale ofbonds shall be used exclusively for the purposes for which such bonds were issued, and all ad valorem taxes collected for the purpose of servicing or retiring such bonds shall be used exclusively for the payment of principal and interest thereof.

CHAPTER 3--Financial Administration

SECTION 6-301. Fiscal Year.

The fiscal year of Cusseta-Chattahoochee County, Georgia, shall begin on the first day of July of each year and shall end on the thirtieth day of June next following. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, institution, agency, and activity of the unified government, unless otherwise provided by state or federal law.

SECTION 6-302. Preparation of Budgets.

The preparation of an annual budget and a capital improvements budget shall be as prescribed by ordinance and provisions of this charter.

SECTION 6-303. Scope of Budgets.

(a) The annual budget should consist of two parts: (I) Part I of the annual budget shall apply only to the operating expenses of the unified government; and (2) Part II of the annual budget shall apply only to capital improvement expenses of the unified government.
(b) Each section of the annual operating and capital budget shall contain with respect to each ofthe operating funds ofthe government of Cusseta-Chattahoochee County, Georgia, to which they are applicable:

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(1) A reasonable estimate of cash revenues to be received during the ensuing year, classified according to source; (2) Proposed expenditures detailed by each department, board, commission, office, agency, and activity in accordance with an established classification of accounts, including those capital outlays which are to be financed from the revenues of the ensuing year and including all debt service requirements in full for such fiscal year; and (3) Such other information as may be considered necessary or desirable by the Manager or the Commission. (c) In no event shall the total proposed expenditures from any fund exceed the total anticipated revenues plus the estimated unappropriated surplus or fund balance and applicable reserves less any estimated deficit at the end of the current fiscal year. (d) The capital improvements budget shall describe capital projects anticipated, the proposed expenditures therefore, and the revenues or other sources of funds anticipated to finance such capital projects.

SECTION 6-304. Submission of Budgets to the Commission.

On or before a date fixed by the Commission but not later than 60 days prior to the beginning of each fiscal year, the Manager of the unified government shall submit to the Commission a proposed operating budget and a proposed capital improvements budget for the ensuing fiscal year. The operating budget and the capital improvements budget, the budget message, and any supporting schedules shall be filed in the Manager's office and shall be open to public inspection.

SECTION 6-305. Adoption of Budgets

(a) The Commission may approve, reject, or modify the proposed budget. The budget as fmally adopted must provide for all expenditures required by law or by other provisions ofthis 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 constituting the resources available of such fund. (b) The Commission shall adopt the final annual operating budget for the ensuing fiscal year not later than the thirtieth day of June of each year and such budget shall be effective for the fiscal year beginning on the first day of July. In the event the Commission fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year, with appropriate items prorated accordingly until such time as the Commission shall adopt a budget for the ensuing fiscal year. Adoption of the annual operating budget shall take the form of an appropriation ordinance or resolution setting out estimated revenues in detail by source and making

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appropriations accordingly to fund organizational units, purposes, or activities as set forth in the budget document. (c) The amount set out in the adopted operating budget for each organization unit, purpose, or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable. (d) The Commission shall adopt by ordinance or resolution the capital improvements program and capital budget for the ensuing fiscal year not later than the thirtieth day of June of each year. The capital budget ordinance or resolution shall show in detail the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the Commission and shall be in full conformity with that part of the capital program applicable to the year which it covers. Amounts specified as intended to be spent out of new appropriations shall, upon enactment of the capital budget ordinance or resolution, constitute appropriations of such amounts.

SECTION 6-306. Property Tax Levies.

Following the adoption of the operating and capital improvements budgets for each fiscal year the Commission shall levy by ordinance or resolution a general tax on all real and personal property within the county and one or more taxes on all real and personal property in each service district and special services district. The tax rates set by such ordinance or resolution shall be such that a reasonable estimate of cash revenues from such levy shall be at least sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated in such budgets.

SECTION 6-307. Limitation of Funds.

Upon certification by the Manager that the revenues or other resources actually realized with respect to any fund will be less than was anticipated and will be insufficient to meet the amounts appropriated from such fund, it shall be the duty ofthe Manager upon the instruction of the Commission to limit such appropriations as may be necessary to prevent deficit operation.

SECTION 6-308. Transfer of Funds.

Upon recommendation of the Manager, the Commission may make interfund or interdepartmental transfers in the current operating budget or capital improvements

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budget at any regular or special meeting called for such purpose, provided funds are also available.

SECTION 6-309. Lapse of Appropriations.

All 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 6-310. Annual Audit.

(a) The Commission shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the government of Cusseta-Chattahoochee County, Georgia, and of every office, department, board, commission, authority, or other agency. The audit shall be made by a certified public accountant who shall have no personal interest, direct or indirect, in the fiscal affairs of Cusseta-Chattahoochee County, Georgia, or of any of its departments, offices, boards, commissions, authorities, or agencies. The Commission shall by competitive bids, taking into consideration the lowest and best bid, designate such accountant or firm annually or for a period not exceeding three years. (b) The audit may be conducted on a quarterly or continuing basis and the fmal report of the annual audit shall be completed as soon as practicable after the close of the fiscal year and in no event later than six months after the close of the fiscal year. The audit report shall be filed with the Manager and made available to the public. (c) The Commission may at any time order an examination or special audit of any office, department, board, commission, or other agency of Cusseta-Chattahoochee County, Georgia.

CHAPTER 4--Procurement and Disposition of Property

SECTION 6-401. Contracting.

a. The Commission shall prescribe by ordinance or resolutions rules and regulations, which must be followed in the making of contracts in order to bind the government of Cusseta-Chattahoochee County, Georgia. Except where otherwise provided by law or by ordinance or resolution, all contracts of the government of Cusseta-Chattahoochee County, Georgia, shall be signed by the Chairperson and authenticated by the Manager.

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b. All contracts and all ordinances or resolutions which make or authorize contracts shall be reviewed for form and legal sufficiency by the unified government attorney. (c) All contracts entered into by the Commission with other persons on behalf of the unified government shall be in writing and entered on its minutes.

SECTION 6-402. Sale and Disposition of Property.

(a) The Commission is authorized to sell any real or personal property owned or held by Cusseta-Chattahoochee County, Georgia, and not needed for governmental or other public purposes in such manner as is required in state law for counties, as provided for in Code Sections 36-9-2 and 36-9-3 of the O.C.G.A. (b) The Commission is empowered to authorize the following transactions:
( l) A transfer ofany real or personal property owned by Cusseta-Chattahoochee County, Georgia, to another governmental entity upon finding that such transfer is in the public interest; (2) A sale of any such property to another governmental entity; and (3) An exchange of such property for property that is owned privately or by some other governmental entity. In each instance, whether the property is transferred, sold, or exchanged, the requirements of a public sale shall not be required; but a statement thereof shall be published in the newspaper designated as the legal organ of the unified government once a week for the two weeks preceding the day in which such transaction is to be concluded. Such statement shall contain a description ofthe property or properties involved and the prices and estimated values as to each item of property. (c) Cusseta-Chattahoochee County, Georgia, may quitclaim any rights it may have in property not needed for public purposes upon a report by the Manager of the unified government and the adoption by the Commission of a resolution, both finding that the property is not needed for public purposes and that the interest of the government of Cusseta-Chattahoochee County, Georgia, therein has no readily ascertainable monetary value (d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of Cusseta-Chattahoochee County, Georgia, a small parcel or tract of land is cut off or separated by such work from a larger tract of land owned by Cusseta-Chattahoochee County, Georgia, the Commission may authorize the execution and deliverance in the name ofthe government ofCusseta-Chattahoochee County, Georgia, of 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 in said street, avenue, alley, or public place, or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances so executed and delivered shall convey all title and interest the government of Cusseta-Chattahoochee County, Georgia, has in such property.

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ARTICLE VII GENERAL PROVISIONS

SECTION 7-101. Application of Laws; Laws in Force.

(a) The general laws ofthe State ofGeorgia of a criminal nature shall be applicable to and within the limits of the unified government. (b) In construing the applicability ofprovisions of the Constitution and the general laws of Georgia which apply in general terms to either counties or municipalities, or both, and local Acts of the General Assembly that apply specifically to Chattahoochee County or the City of Cusseta, or both, the following terms as used in such laws shall be construed to include the unified government as follows:
(1) "County" shall be construed to include Cusseta-Chattahoochee County, Georgia; (2) "City," "town," "municipal corporation," or "municipality" shall be construed to include Cusseta-Chattahoochee County, Georgia; (3) "Commissioners of Roads and Revenues" and "Board of County Commissioners" shall be construed to include the Commission of Cusseta-Chattahoochee County, Georgia; (4) "Council," "Mayor and Council," "Aldermen,"' and "Board of Aldermen" shall be construed to include the Commission of Cusseta-Chattahoochee County, Georgia; (5) "Chairman of the Commissioners of Roads and Revenues" and "Chairman of the Board of County Commissioners" shall be construed to include the Chairperson of the Commission of Cusseta-Chattahoochee County, Georgia; (6) "Mayor" shall be construed to include the Chairperson of the Commission of Cusseta-Chattahoochee County, Georgia; and (7) Any other terms and provisions as used in such Acts to refer specifically to Chattahoochee County or the City of Cusseta, or both, and the officers, employees, departments, and agencies thereof shall be construed to mean Cusseta-Chattahoochee County, Georgia, and its officers, employees, departments, and agencies. (c) In construing the applicability of laws in force to the unified government, the following order shall prevail: (1) The Constitution of the State of Georgia; (2) The general laws ofuniform application now in force or hereafter enacted by the General Assembly (as distinguished from general laws of local application through classification by population) applicable to municipal corporations or counties, or both; (3) This charter and all ordinances and resolutions passed pursuant thereto; (4) Special laws applicable to Chattahoochee County, not in conflict with this charter;

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(5) Special laws applicable to the City of Cusseta, not in conflict with this charter; and (6) Existing ordinances and resolutions of the former City of Cusseta and existing ordinances and resolutions of the former County of Chattahoochee not in conflict with this charter.

SECTION 7-102. Limitation on Claims and Service.

(a) All contractual claims against the unified government shall be presented within 12 months after they accrue or become payable or the same as claimed, unless held by minors or other persons laboring under disabilities, who are allowed 12 months after the removal of such disability. (b) Service on the unified government of any suit, process, or order of court shall be served upon the Manager.

SECTION 7-103. Tort and Nuisance Liability.

The tort and nuisance liability of the unified government shall follow the law and rules of tort liability applicable to counties in Georgia.

SECTION 7-104. Conflict of Laws.

For purposes of all applicable laws, the unified government shall constitute a municipality and a county, or both. Except as otherwise provided by this charter, if a law applicable to municipalities and the same or another law applicable to counties are in conflict, the law applicable to municipalities shall prevail.

SECTION 7-105. Competitive Bidding.

The unified government must utilize competitive bidding procedures as required and in compliance with the General Law of the State of Georgia.

SECTION 7-106. Execution of Assessments.

Whenever any tax or special assessment is authorized or empowered to be levied or imposed by this charter which is required to be collected by the unified government and such is not paid within the time period specified by the Commission and no specific provision is elsewhere provided in this charter for its collection, then the Manager shall issue execution in the name of the unified

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govermnent against such person, firm, or entity liable therefore or property subject thereto for such sums as may be due with interest at the legal rate from due date and penalties and costs. The unified govermnent shall have the right to enforce payment of such execution by levy and sale as in the case of county taxes, and the purchaser at such sale shall acquire the same title and rights as a purchaser at a sale for county taxes. Executions issued by the Manager of Cusseta-Chattahoochee County, Georgia, and the levy and sale thereunder shall be governed by general law.

SECTION 7-197. Authority to Deal with Federal and State Agencies.

The unified govermnent shall have the power and authority to participate in, cooperate in, and take all necessary action with respect to any and all projects, programs, and undertakings of any nature authorized by any statute, rule, or regulation of the United States, the State of Georgia, or any federal or state agency or instrumentality, including but not limited to community development, highways, aviation, aviation terminals, airports, airport facilities, municipal, area, or regional development, sewer and sewage disposal, public housing, housing for the aged, and transportation or mass transit or any phase thereof; to borrow money and issue promissory notes, general obligation bonds, or revenue bonds or a combination thereof for any such purposes in accordance with provisions of this charter; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the unified govermnent is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency.

SECTION 7-108. Federal and State Aid.

The unified govermnent shall be deemed a county but shall also be deemed an incorporated city or municipality for the purpose of determining its right to receive and for the purpose of receiving state aid or grant-in-aid from the state of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private. The unified govermnent shall be entitled to receive as state aid or as grant-in-aid from the State of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private, all funds to which a county is, or may hereafter be, entitled, and also all funds to which an incorporated city or municipality is or may be hereafter entitled, and to receive the same without diminution or loss by reason of unification. When state aid or other grant-in-aid is distributed to any county on the basis ofpopulation or area, or both, then the entire population and the total area of Cusseta-Chattahoochee County, Georgia, shall be considered in calculating and determining the basis for such distribution.

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SECTION 7-109. Budgets of County Officers and Agencies.

All elected officers and all agencies not under the direct control and jurisdiction of the Manager such as the Board of Health and the Board of Family and Children Services, which receive appropriations from the Commission, shall, on the same date as is applicable to budgets submitted by department heads, submit to the Manager annual operating and capital budget requests for the ensuing fiscal year. Such budget requests, after any revisions therein by the Manager, shall be incorporated into the overall unified government budget for submission by the Manager to the Commission, which shall grant a hearing to any such officer or agency on such proposed budgets.

SECTION 7-110. Existing Pension Rights Protected.

(a) Persons who, at the time this charter takes effect, are employed by any office, department, board, commission, or agency ofthe former City of Cusseta shall retain all pension rights, which have accrued to them under any existing pension system. The unified government shall continue in force and effect any existing pension system for city employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter. (b) Persons who, at the time this charter takes effect, are employed by any office, department, board, commission, or agency of the former County of Chattahoochee shall retain all rights, which have accrued to them under any existing pension system. The unified government shall continue in force and effect any existing pension system for county employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter.

SECTION 7-111. Establishment of New Pension Systems;
Merging of Existing Systems.

The Commission is hereby authorized and empowered to establish and maintain a new pension system or pension systems affecting new employees and such other employees as desire to be covered thereby and to revise, combine, and consolidate any pension system in effect on the effective date of this charter; provided, however, that in no event shall any revision, combination, or unification of any existing pension system in effect when this charter is adopted result in the curtailment or diminishment ofany right accrued under any existing pension system to any person heretofore employed by the City of Cusseta, Chattahoochee County, or of any agency of such former governments.

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SECTION 7-112. Amending Charter.

This charter may be modified, rescinded, changed, or amended by only the following methods:
( 1) An Act of the General Assembly of Georgia; or (2) An ordinance adopted by the Commission ofCusseta-Chattahoochee County, Georgia, as provided for in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia.

SECTION 7-113. Fidelity Bonds.

All officers of the unified government, both elected and appointed, shall execute such official bonds in such amounts and upon such terms and conditions as the law or the Commission may require.

SECTION 7-114. Examples of Powers.

The powers ofCusseta-Chattahoochee County, Georgia, shall include, but shall not be limited to, the following powers:
( 1) Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all taxable property; (2) Other taxes: to levy, assess, and collect other taxes allowed by general law and in accordance therewith; (3) Business regulation and taxation: to levy, assess, and collect occupational and business taxes and to license and regulate occupations and businesses; (4) Appropriations: to make appropriations and expend funds for support of the unified government and any other lawful purpose; (5) Debts: to borrow money and issue bonds as authorized by general law; (6) Property: to own property and interests in property; (7) Gifts: to accept gifts and grants for any purpose related to the powers and duties of the unified government on such terms as the donor may impose; (8) Condemnation: to condemn property inside Cusseta-Chattahoochee County for present or future use; (9) Public utilities: to acquire, lease, operate, and dispose of public utilities; ( 10) Franchises: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts; (11) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights of way thereon; (12) Public facilities: to acquire, operate, and dispose ofpublic buildings, public projects, parks, cemeteries, recreational facilities, and other public improvements inside Cusseta-Chattahoochee County;

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(13) Building regulation: to regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heating, and air-conditioning codes; (14) Planning and zoning: to adopt land use plans and exercise the power of zoning, subdivision regulation, and the like; ( 15) Police power: to exercise the police power for the public safety and well-being of the citizens of Cusseta-Chattahoochee County; (16) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads; ( 17) Health: to prescribe and enforce health and sanitation standards; (18) Pollution: to regulate emissions which pollute the air and water; (19) Fire safety: to fix fire limits and to prescribe and enforce fire safety regulations; (20) Public hazards: to provide for the destruction or removal ofpublic hazards; (21) Waste disposal: to provide for and regulate the collection, disposal, and recycling of garbage and wastes; (22) Water and sewer fees: to fix and collect water and sewer fees; (23) Garbage fees: to fix and collect garbage fees; (24) Nuisances: to define and provide for the abatement of nuisances; (25) Property protection: to preserve and protect the property of the unified government; (26) Prisoners: to provide for public work by prisoners and for their confinement; (27) Animal control: to regulate or prohibit the keeping of animals; (28) Motor vehicles: to regulate the operation and parking of motor vehicles; (29) Taxicabs: to regulate vehicles operated for hire in Cusseta-Chattahoochee County; (30) Pensions: to provide and maintain a system of pensions and retirement for employees and officers of the unified government; (31) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements; (32) Contracts: to enter into lawful contracts and agreements; (33) Agencies: to create, alter, or abolish departments, boards, offices, commissions, authorities, and agencies of the unified government and to confer appropriate authority upon them; (34) Penalties: to provide penalties for violations of ordinances of the unified government; (35) Police and fire protection: to exercise the power ofarrest through appointed policemen and to operate a fire department; (36) Emergencies: to provide for the determination, proclamation, and combating of emergencies; (37) Urban redevelopment: to organize and operate an urban redevelopment program;

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(38) Public transportation: to organize and operate public transportation systems

and

'

(39) General health, safety, and welfare: to define, regulate, and prohibit any act,

practice, conduct, or use ofproperty which is detrimental to the health, sanitation cleanliness, welfare, and safety of the inhabitants of Cusseta-Chattahooche~

County.

SECTION 7-115. Section Captions.

The captions to the several sections of this charter are informative only and are not to be construed as a part thereof.

SECTION 7-116. Effect of Repeals.

No law heretofore repealed, expressly or by implication, shall be revived by the repeal herein of the repealing Act or by any provision of this charter that disclaims an intention to repeal or affect enumerated laws.

SECTION 7-117. Severability Clause.

If any provision of this charter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this charter which can be given effect without the invalid provision or application, and to this end the provisions of this charter are declared to be severable.

SECTION 7-118. Repeal of Conflicting Laws.

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

ARTICLE VIII TRANSITION PROVISIONS

SECTION 8-101. Special Election of First Officials.

(a) A special election shall be held on a date fixed by the county election superintendent but not later than 120 days following the date of approval of this charter as provided in Section 8-110 of this charter, for the purpose of electing the first members of the Commission of the unified government. The Superintendent

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of elections shall publish notice of the call for such election in the newspaper in which the Chattahoochee County Sheriffs advertisements appear at least 30 days prior to the date of such election. Candidates may qualify until 15 days before the date of the election. (b) In all other respects, the election shall be held in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," applicable to county elections. Within 30 days following the approval of this charter as provided in Section 8-110 of this charter, the election superintendent of Chattahoochee County shall prepare a list of qualified voters for the five county wide posts. The officials elected at such election shall commence the term of their office on the effective date of this charter. (c) The qualifications for office for such initial election shall be as prescribed by applicable provisions of this charter. (d) Any elected official of Chattahoochee County or of any municipality lying wholly or partially therein who is otherwise qualified under this charter shall be entitled to qualify and run for an office of the unified government.

SECTION 8-102. Initial Terms of Office.

The initial terms for Posts 1 and 2 of the first Commissioners of the unified government shall expire at the end of the first even-numbered year after their election. The initial terms for Posts 3, 4, and 5 shall expire at the end of the second even-numbered year after their election. All terms thereafter shall be four years.

SECTION 8-103. Effective Date of Charter.

This charter shall become effective upon the election ofmembers of a Commission ofCusseta-Chattahoochee County, Georgia, and their taking office as the governing authority of the unified government.

SECTION 8-104. Cooperation of Former Governments.

All officers, officials, and employees of the former City of Cusseta and Chattahoochee County shall cooperate with and assist the Commission, the Manager, and other officers of Cusseta-Chattahoochee County, Georgia:
(1) In planning the unification of departments, boards, commissions, and agencies ofsaid former governments and in transferring the functions, duties, and responsibilities of such departments, boards, connrusswns, authorities, and agencies to the appropriate agencies of the unified government of Cusseta-Chattahoochee County, Georgia; and

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(2) In all other respects in order that the transfer of the governments be accomplished in the most orderly manner possible. The officers of the unified government shall be entitled to examine all records, files, and other data in the possession of the former governments and of all officers, officials, employees, and departments thereof. The former governments shall, to the extent possible, provide working areas and facilities for the officers of the unified government.

SECTION 8-105. Existing Ordinances and Resolutions Continued in Effect.

(a) Subject to subsection (d) of this section, existing ordinances and resolutions of the Commission of Chattahoochee County and existing rules and regulations of county departments or agencies, not inconsistent with the provisions ofthis charter, shall continue in effect as ordinances, resolutions, rules, or regulations of Cusseta-Chattahoochee County, Georgia, or the appropriate department or agency thereof until they have been repealed, modified, or amended. (b) Subject to subsection (d) of this section, existing ordinances and resolutions of the City of Cusseta, not inconsistent with the provisions of this charter, shall continue in effect as ordinances and resolutions within the former boundaries ofthe City of Cusseta, until they have been repealed, modified, or amended. (c) Subject to subsection (d) of this section, in the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to the territory of the unified government that such ordinance or resolution applied prior to the effective date ofthis charter and until such ordinance or resolution is repealed, changed, or amended to eliminate the conflict. (d) The Commission shall review all ordinances and resolutions and take whatever action is needed to remove any conflicts between ordinances and resolutions continued by this section in order to produce a uniform body of ordinances and resolutions, free of any conflicts or contradictions between such provisions.

SECTION 8-106. Contracts and Obligations.

(a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Chattahoochee County or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the unified government; provided, however, any obligation created by Chattahoochee County to become effective after the date of approval of this charter shall be subject to ratification and approval by the Commission ofthe unified government within six months following the effective date of this charter. (b) Except as otherwise provided by this charter, contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Cusseta or for its benefit prior to the effective date of this charter, shall continue in effect according

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to the terms thereof as obligations and rights of the unified government; provided, however, any obligation created by the City ofCusseta to become effective after the date of approval of this charter shall be subject to ratification and approval by the Commission of the unified government within six months following the effective date of the Charter. (c) No pending action or proceeding ofany nature (whether civil, criminal,judicial, administrative, or other) by or against the City ofCusseta or Chattahoochee County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and the unified government shall stand substituted as a party in lieu thereof.

SECTION 8-107. Dissolution of Existing Governments.

On the effective date of this charter, the Board ofCommissioners ofChattahoochee County and the Mayor and Council of the City of Cusseta and all the officers thereof and the offices thereof not continued under this charter are abolished, and all emoluments appertaining thereto shall cease. Thereupon, the governments of Chattahoochee County and the City of Cusseta shall terminate as separate political entities and all powers, functions, duties, and obligations thereofshall be transferred to and vested in the unified government created by this charter.

SECTION 8-108. Transfer of Records and Equipment.

When an agency of the City of Cusseta or of Chattahoochee County is abolished or unified by this charter, all books, papers, maps, charts, plans, records, other equipment, and personal property in possession ofthe same shall be delivered to the agency to which its rights, powers, duties, and obligations are transferred.

SECTION 8-109. Officers Serve Until Successors Qualify.

Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Cusseta or Chattahoochee County may continue to perform the duties thereof until a successor, whether under the same title or office of another, shall be elected or appointed and qualified to perform the duties, it being the intention hereof that no duty or service shall lapse or be abandoned because of lack of an officer to perform same.

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SECTION 8-110. Referendum on the Charter.

(a) Not less than 30 days nor more than 60 days after receipt of the certified copy of the proposed charter and after receipt of approval by the Department of Justice of such proposed charter, it shall be the duty of the Chattahoochee County election superintendent to call a special election for approval or rejection of the proposed charter. The election superintendent shall set the date of the election for a day not less than 30 days nor more than 90 days after the issuance of the call. The election superintendent shall cause the date and purpose ofthe election to be published once a week for two calendar weeks immediately preceding the date thereof in the official legal organ of Chattahoochee County. The ballot shall have written or printed thereon the following:
"YES ( ) Shall the charter unifying the governments of the City of Cusseta and Chattahoochee County and creating a single county-wide
NO ( ) government to supersede and replace those governments be approved?"
(b) All persons desiring to vote for approval of the charter shall vote "YES," and those persons desiring to vote for rejection of the charter shall vote "NO." If more than one-half of the votes cast by the qualified voters of Chattahoochee County residing within the corporate limits of the City of Cusseta are for approval of the charter and if more than one-half of the total votes cast by all the qualified voters of Chattahoochee County are for approval of the charter, then the charter shall become effective. Otherwise, it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Cusseta and Chattahoochee County. (c) The special election shall be conducted pursuant to Chapter 2 ofTitle 21 ofthe O.C.G.A., the "Georgia Election Code," except to the extent specifically provided otherwise by this Charter. (d) A qualified voter, as used herein, shall mean a voter of Chattahoochee County qualified to vote for members of the General Assembly of Georgia. The election superintendent shall certify the returns to the Secretary of State. The election superintendent shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue a proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the clerk of the governing authority of the City of Cusseta who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of Chattahoochee County who shall attach the same to the copy of the charter previously certified to him or her. (e) Whenever a charter for the unification of the governments of the City of Cusseta and Chattahoochee County has been accepted, the above-certified copies thereof, with the proclamation ofthe Secretary ofState ofGeorgia attached thereto,

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shall be deemed duplicate original copies of the charter of the unified government for all purposes. The certified copy ofthe charter and proclamation deposited with the clerk of the governing authority of the City of Cusseta and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Chattahoochee County shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter and any copy so certified shall be deemed a duplicate original copy of the charter of the unified government for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file, and copies so certified shall be deemed duplicate original copies of the charter of the unified government for all purposes. Duly approved and adopted by a majority vote of the members of the Cusseta-Chattahoochee County Charter and Unification Commission, this date, November 26, 2002.

s/ Charles R. Wright Charles Wright, Chairman Cusseta-Chattahoochee County Charter and Unification Commission

Certified true and correct copy, this date, November 26, 2002. s/ Jane H. Culilllm,er Jane H. Culpepper, Secretary