Acts and resolutions of the General Assembly of the State of Georgia 2006, volume 2, book 2

LOCAL AND SPECIAL ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
2006
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume Two Book Two

COMPILER'S NOTE
General and Local Acts and Resolutions of the 2005 Extraordinary Session of the General Assembly of Georgia will be found in Volume One, Book One beginning at page ES3. The Extraordinary Session convened on September 6, 2005, and adjourned sine die on September 10, 2005. The proclamation of the Governor convening the General Assembly of Georgia in Special Session will be found on page ESl.
General Acts and Resolutions of the 2006 Regular Session of the General Assembly of Georgia will be found in Volume One, Book One beginning at page 1. The Supplementary Appropriations Act for FY 05-06 and the Appropriations Act for FY 06-07 will be found in the Volume One, Book Two Appendix. These two Acts have been separately placed in the Appendix in order to maintain the special formatting and unique characteristics of the underlying bills. Local and Special Acts and Resolutions will be found in Volume Two 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, 2005, and Apri130, 2006, are printed in Volume Two beginning at pages 4687 and 4 707, respectively.
There are no numbered pages between page 1113, the last page of Volume One, Book One, and page 3501, the first page of Volume Two. This allows both volumes to be prepared simultaneously. Volume One has been divided into two books because of the number of pages in the volume. The only page numbers in Volume One, Book Two will be those appearing in the underlying bills.
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 Three. Indexes cover material in both Volumes One and Two. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. When possible, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.
Each Act and Resolution is preceded by a caption written by the compilers of the Georgia Laws solely to assist the reader in quickly determining the subject matter of the Act or Resolution. This caption includes the Act number assigned by the Governor and the House or Senate Bill or Resolution number which it was given when it was introduced in the General Assembly. These captions are not part of the Act or Resolution when they are enacted or adopted by the General Assembly. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor.

GEORGIA LAWS 2006
TABLE OF CONTENTS
VOLUME ONE
2005 Extraordinary Session ..................................... ES 1 Acts and Resolutions of General Application . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY 05-06 ................ Appendix General Appropriations Act for FY 06-07 ...................... Appendix
VOLUME TWO
Acts and Resolutions of Local Application ........................ 3501 County and Consolidated Government Home Rule Actions ........... 4687 Municipal Home Rule Actions .................................. 4707
VOLUME THREE
Acts by Numbers-Page References ................................ 1A Bills and Resolutions-Act Number References ....................... 6A Index-Tabular ................................................ 12A Index-General ................................................ 41A Population of Georgia Counties-Alphabetically ..................... 1OOA Population of Georgia Counties-Numerically ...................... 107A Population of Municipalities-Alphabetically ....................... 112A Population of Municipalities-Numerically ......................... 119A Population of Judicial Circuits .................................. 126A Georgia Senate Districts, Alphabetically by County ................. 130A Georgia Senators, Numerically by District ......................... 132A Georgia House Districts, Alphabetically by County .................. 135A Georgia Representatives, Numerically by District ................... 13 7A Status of Referendum Elections ................................. 146A Vetoes by the Governor ....................................... 311A State Auditor's Report on Funding of Retirement Bills ............... 317A Legislative Services Committee and Staff ......................... 320A

GEORGIA LAWS 2006 SESSION

4181

BRYAN COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM.

No. 792 (House Bill No. 1634).

AN ACT

To provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead for residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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 Bryan County, including, but not limited to, ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of Bryan County is granted an exemption on that person's homestead from all Bryan County ad valorem taxes for county purposes in the amount of $30,000.00 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 tax commissioner of Bryan County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Bryan County in the event that person for any reason becomes ineligible for that exemption.

4182 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Bryan 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, 2007.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bryan County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Bryan County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, 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 Bryan County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Bryan County ad valorem taxes for county purposes in the
NO ( ) amount of $30,000.00 of the assessed value of the homestead for residents of that county?"
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." Ifmore 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, 2007. 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 Bryan 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 2006 SESSION

4183

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the Regular 2006 Session of the General Assembly of Georgia a bill to provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $30,000 of the assessed value of the homestead for certain residents of that county who are under the age of 65 years; 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; and for other purposes.

This 8th day of March 2006

Bryan County Board of Commissioners

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who on oath deposes and says that he is the Representative from District 158 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Bryan County News which is the official organ of Bryan County on March 9, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/BOB LANE Bob Lane Representative, District 15 8

Sworn to and subscribed before me, this 14th day of March 2006.

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

Approved May 4, 2006.

4184 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BRYAN COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; 65 YEARS OR OLDER; REFERENDUM.
No. 793 (House Bill No. 1633).
AN ACT
To provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (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 the Bryan County, including, but not limited to, ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of Bryan County who is a senior citizen is granted an exemption on that person's homestead from all Bryan County ad valorem taxes for county purposes in the amount of$50,000.00 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 tax commissioner of Bryan 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 subsection (c) of this section, it shall not be necessary to make

GEORGIA LAWS 2006 SESSION

4185

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 Bryan County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Bryan 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, 2007.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bryan County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Bryan County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, 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 Bryan County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which pro~ides a homestead exemption from Bryan County ad valorem taxes for county purposes in the
NO ( ) amount of $50,000.00 of the assessed value of the homestead for residents of that county who are 65 of age or over?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2007. 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 Bryan 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.

4186 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 2006 Session of the General Assembly of Georgia a bill to provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $50,000 of the assessed value of the homestead for certain residents of that county 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; and for other purposes.
This 8th day of March 2006
Bryan County Board of Commissioners Bryan County Board of Education City of Pembroke City of Richmond Hill
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who on oath deposes and says that he is the Representative from District 158 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Bryan County News which is the official organ of Bryan County on March 9, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/BOB LANE Bob Lane Representative, District 15 8
Sworn to and subscribed before me, this 14th day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 4, 2006.

GEORGIA LAWS 2006 SESSION

4187

CITY OF BAXLEY- CORPORATE LIMITS.

No. 794 (House Bill No. 1661).

AN ACT

To amend an Act providing a new charter for the City of Baxley, approved August 21, 1911 (Ga. L. 1911, p. 700), as amended, particularly by an Act approved Aprill3, 1982 (Ga. L. 1982, p. 4725) and an Act approved March 20, 1990 (Ga. L. 1990, p. 4134), so as to provide for the deannexation of certain territory from the corporate limits of said city; to provide for the annexation of certain territory into the corporate limits of said city; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a new charter for the City of Baxley, approved August 21, 1911 (Ga. L. 1911, p. 700), as amended, particularly by an Act approved Aprill3, 1982 (Ga. L. 1982,p. 4725) and an Act approved March 20,1990 (Ga. L. 1990, p. 4134), is amended by inserting at the end of Section 1.2 two new subsections to read as follows:
'(f) Notwithstanding any other provision of this charter to the contrary, the corporate limits of the City of Baxley shall not include the following described territory:
(1) All of Dunn's Lake Road; (2) All streets and roads within Tara Lake Subdivision, including without limitation Scarlett Drive, Rhett Butler Drive, and Pitty Pat Lane; (3) All of that portion of Ten Mile Highway from Dunn's Lake Road southwesterly to its intersection with State Route 144; (4) All ofL.W. Hutchinson Road; (5) All of Manning Williams Road; (6) All of Cleland Lane; (7) All of that portion of Prentiss Road from Cleland Lane southerly to Zoar Road; (8) All of that portion of Friendship Church Road from Cleland Lane southerly across Zoar Road to Sycamore Road (aka Sycamore Lane); (9) All of Sycamore Road; (10) All of Patterson Road except that portion from its intersection with Sycamore Road northeasterly to the historical corporate limits of the City of Baxley; and (11) All of Mimosa Road. (g) In addition to the territory described in this section, the corporate limits of the City of Baxley shall include the following described territory:

4188 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(l) All of the right ofway of State Route 27 (U.S. Hwy. l) from the currently annexed limit at the Georgia Power Railroad to the northern right of way of Park West Drive; and (2) All that tract or parcel of land lying and being in Land Lot No. 376 of the Second Land District of Appling County, Georgia, consisting of 193.8 acres, more or less, being more particularly described as follows:
BEGINNING at the southwest corner of the said Land Lot No. 376; thence along and with the south boundary line of said Land Lot 2,435.61 feet to a point on the northeastern right of way of State Route 27 (U.S. Hwy. 341); thence continuing along said highway right of way North 67'46'37" West 360.84 feet to a point; thence continuing along said highway right of way North 67.49'04" West 1,514.89 feet to a point; thence turning North 25.42'43" East 383.75 feet to a point; thence North 68.26'52" West 463.26 feet to a point on the western boundary line of the aforesaid Land Lot No. 376; thence along and with said Land Lot boundary line North 00.04'38" East 924.70 feet to a point; thence South 89.14'58" East 2,180.96 feet to a point; thence South 89.14'12" East 573.47 feet to a point; thence South 89.14'59" East l ,683.13 feet to a point on the eastern boundary line of the aforesaid Land Lot No. 376; thence turning South 00"02'41" West 2,078.26 feet along and with the said Land Lot line to the Point of Beginning. This description according to a survey and plat thereof by Merlin J. Tomberlin, G.R.L.S. No. 2477, dated January23, 2002,revised February8, 2002, on file in the office of the City Manager of the City of Baxley, which plat is incorporated herein for a more full and complete description and all other purposes.'
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 2006 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City ofBaxley, approved August 21, 1911, (Ga. L. 1911, p. 700), as amended; and for other purposes.
This 3rd day ofMarch, 2006.
Honorable Tommy Smith Representative, District 168

GEORGIA LAWS 2006 SESSION

4189

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who on oath deposes and says that he is the Representative from District 168 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner which is the official organ of Appling County on March 8, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOMMY SMITH Tommy Smith Representative, District 168

Sworn to and subscribed before me, this 20th day of March, 2006.

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

Approved May 4, 2006.

CITY OF RICHMOND HILL- HOMESTEAD EXEMPTION; CITY TAXES; 65 YEARS OR OLDER; REFERENDUM.
No. 795 (House Bill No. 1656).
AN ACT
To provide for a homestead exemption from City of Richmond Hill ad valorem taxes for municipal purposes in the amount of $50,000.00 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; 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:

4190 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 Richmond Hill, 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 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Richmond Hill who is a senior citizen is granted an exemption on that person's homestead from City of Richmond Hill ad valorem taxes for municipal purposes in the amount of $50,000.00 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 Richmond Hill, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Richmond Hill, 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 Richmond Hill, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Richmond Hill, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.

GEORGIA LAWS 2006 SESSION

4191

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Richmond Hill 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 Richmond Hill for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bryan 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 Richmond Hill ad valorem taxes for municipal
NO ( ) purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over?"
All persons desiring to vote for approval ofthe Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2007. 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 Richmond Hill. 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 2006 session of the General Assembly of Georgia a bill to provide for a homestead exemption from the City of Richmond Hill ad valorem taxes for municipal purposes in the amount of $60,000.00 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

4192 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
applicability; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 14th day of March, 2006.
Representative Bob Lane 15 8th 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 164 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Bryan County News which is the official organ of Bryan County on March 16,2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RON STEPHENS Ron Stephens Representative, District 164
Sworn to and subscribed before me, this 20th day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 4, 2006.
CITY OF PEMBROKE- HOMESTEAD EXEMPTION; CITY TAXES; 65 YEARS OR OLDER; REFERENDUM.
No. 796 (House Bill No. 1655).
AN ACT
To provide for a homestead exemption from City of Pembroke ad valorem taxes for municipal purposes in the amount of $50,000.00 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

GEORGIA LAWS 2006 SESSION

4193

relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
( 1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Pembroke, 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 Pembroke who is a senior citizen is granted an exemption on that person's homestead from City of Pembroke ad valorem taxes for municipal purposes in the amount of $50,000.00 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 Pembroke, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Pembroke, 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 Pembroke, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Pembroke, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu

4194 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of and not in addition to any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Pembroke 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 Pembroke for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bryan 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 Pembroke ad valorem taxes for municipal purposes in
NO ( ) the amount of $50,000.00 of the assessed value ofthe 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 all persons desiring to vote for rejection of the Act shall vote "No." Ifmore 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, 2007. 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 Pembroke. 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 2006 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Pembroke ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value ofthe homestead for residents of that city who are

GEORGIA LAWS 2006 SESSION

4195

65 years of age or over, to provide for definition; 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 14th day of March, 2006.

Representative Bob Lane !68th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who on oath deposes and says that he is the Representative from District 15 8 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Bryan County News which is the official organ of Bryan County on March 16, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/BOB LANE Bob Lane Representative, District 15 8

Sworn to and subscribed before me, this 20th day of March 2006.

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

Approved May 4, 2006.

CATOOSA COUNTY- BOARD OF EDUCATION; COMPENSATION.
No. 797 (House Bill No. 1653). AN ACT
To amend an Act to reconstitute the Board of Education of Catoosa County, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, so as to provide an

4196 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
increase in compensation for members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to reconstitute the Board of Education of Catoosa County, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, is amended by striking Section 6 and inserting in its place a new Section 6 to read as follows:
'SECTION 6. Members of the Board of Education of Catoosa County shall be compensated in the amount of $250.00 per month and shall be reimbursed for actual expenses necessarily incurred for attending meetings in the performance oftheir official duties when those meetings occur outside the Catoosa County School District. The meetings of the board shall be conducted consistent with Robert's Rules of Order:
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 2006 session of the General Assembly of Georgia a bill to amend an Act to reconstitute the Board of Education of Catoosa County, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended; to provide for related matters; and for other purposes.
This 9 day of March, 2006.
Representative Jay Neal 1st District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Neal, who on oath deposes and says that he is the Representative from District 1 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on March 15, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
sf JAY NEAL Jay Neal Representative, District 1

GEORGIA LAWS 2006 SESSION
Sworn to and subscribed before me, this 20th day of March 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 4, 2006.

4197

CITY OF MILLEDGEVILLE- MAYOR AND COUNCIL; TRANSACTION OF BUSINESS; QUORUM; DUTIES AND POWERS OF MAYOR; TEMPORARY APPOINTMENT OF CITY MANAGER; BIDS; ADOPTION OF POLICIES, PROCEDURES, AND COMPENSATION PLANS.
No. 798 (Senate Bill No. 666).
AN ACT
To amend an Act providing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, particularly by an Act approved August 19, 1916 (Ga. L. 1916, p. 819), and an Act approved March 5, 1976 (Ga. L. 1976, p. 2820), and an Act approved May 22, 2003 (Ga. L. 2003, p. 3661), so as to provide for the transaction of business of the city council; to establish a quorum and the votes necessary to pass or enact any matter; to provide for meetings of the city council and notice thereof; to provide for the duties and powers ofthe mayor; to provide for the temporary appointment of individuals to act as city manager under certain circumstances; to provide additional duties ofthe city manager; to provide for the circumstances in which the mayor and council may give directions to employees under the city manager; to provide for competitive bids under certain circumstances; to provide for the appointment of certain city officers and the adoption ofcertain policies, procedures, and compensation plans; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, particularly by an Act approved August 19, 1916 (Ga. L. 1916, p. 819), and an Act approved March 5, 1976 (Ga. L. 1976, p. 2820), and an Act approved May 22,2003 (Ga. L. 2003,

4198 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
p. 3661), is amended by striking Section 12 and inserting in lieu thereof a new Section 12 and Section 12.1 to read as follows:
'SECTION 12. (a) In addition to other acts required by general state law or by specific provisions of this charter to be done by ordinance, acts of the city council which have the force and effect of law shall be done by ordinance. The city council by ordinance shall adopt such rules of procedure and form as it deems appropriate for the reading, consideration, and enactment of ordinances. (b) Four councilmembers shall constitute a quorum and shall be authorized to transact business of the city council; provided, however, that, when there are no more than four members of council present, it shall require at least three votes to pass any measure, except as otherwise provided in this charter. (c) Whenever in this charter a majority vote of councilmembers is required, it shall mean the affirmative vote of at least four councilmembers or, in the case of a tie, the affirmative vote of the mayor and three councilmembers. (d) It shall not be necessary to the validity of any ordinance passed by such city council to publish the same in any newspaper or to post a copy of said ordinance.
SECTION 12.1. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember' s presence. Only the business stated in the caii may be transacted at the special meeting. (c) All meetings of the city council at which any official action is to be taken shall be public to the extent required by Code Section 50-14-1, et seq., of the O.C .G.A., as amended; and notice of such meetings, whether regular or special, shall be made fully as is reasonably possible at least three days prior to such meetings.'
SECTION 2. Said Act is further amended by striking Section 21.2 and inserting in lieu thereof a new Section 21.2 to read as foiiows:

GEORGIA LAWS 2006 SESSION

4199

'SECTION 21.2. The mayor shall:
(1) Preside at all meetings of the city council; (2) Be the head of the city for purpose of service ofprocess and for ceremonial purposes; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Nominate members of citizen advisory boards, committees, authorities, and commissions with the advice and consent of the city council; (6) Vote on matters before the city council only in the event of a tie; and (7) Appoint city council committees and all ad hoc committees:

SECTION 3. Said Act is further amended by striking Section 21.7 and inserting in lieu thereof a new Section 21.7 to read as follows:

'SECTION 21.7. In the event of the suspension of the city manager by the city council or the scheduled or anticipated absence or disability of the city manager for a period of ten or more consecutive days, the city council shall designate by a majority vote of all councilmembers a person or persons to perform the functions and duties of the city manager during his or her suspension or absence or disability. Vacancies in the office of city manager shall be filled by the city council as early as practicable and, until such a vacancy is filled, the city council shall have full powers to make a temporary appointment of a qualified person to perform the functions and duties of the manager's office.'

SECTION 4. Said Act is further amended in Section 21.8 by redesignating paragraphs (8) and (9) as paragraphs (9) and (1 0), respectively, and inserting a new paragraph (8) to read as follows:
'(8) Prepare and organize the city council agenda for all meetings and work sessions;'.

SECTIONS. Said Act is further amended by striking Section 21.9 and inserting in lieu thereof a new Section 21.9 to read as follows:

'SECTION 21.9. Except for the purpose of inquiries or investigations authorized by a majority vote of councilmembers, neither the mayor nor the city council or its members

4200 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall direct or give orders to city officers or employees who are subject to the direction and supervision of the city manager.'
SECTION 6. Said Act is further amended by striking Section 21.11 and inserting in lieu thereof a new Section 21.11 to read as follows:
"SECTION 21.11. It shall be the duty of the city manager or the city manager s designee to obtain competitive bids for the purchase of any real or personal property with a fair market value exceeding an amount as the city council may from time to time establish by ordinance, except when such property is acquired through state contract, or, unless such ordinance provides otherwise, in cases in which an emergency exists or other circumstances require that an immediate purchase be made and such facts are so stated in a resolution adopted by the city council authorizing such purchase.'
SECTION 7. Said Act is further amended by striking Section 22 and inserting in lieu thereof a new Section 22 to read as follows:
"SECTION 22. (a) The city council shall appoint by majority vote of councilmembers the following city officers and officials:
(1) City auditor; (2) Municipal court judge; (3) Municipal court solicitor; and (4) Municipal court public defender. (b) All city officers and officials appointed pursuant to this section and Section 23 .l shall serve at the pleasure of the city council and are subject to immediate removal or suspension at any time by a majority vote of the councilmembers. (c) All other personnel, officers, or agents of the city shall be appointed by the city manager, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. (d) The city council by ordinance may adopt such personnel policies, procedures, classifications, and compensation plans as it deems necessary for the proper administration of the affairs and government of this city.'
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

GEORGIA LAWS 2006 SESSION

4201

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, particularly by an Act approved August 19, 1916, (Ga. L. 1916, p. 819), and an Act approved March 5, 1976, (Ga. L. 1976, p. 2820), and an Act approved May 22, 2003, (Ga. L. 2003, p. 3661), so as to provide for the transaction of business of the city council; to establish and provide for the transaction of business of the city council; to establish a quorum and the votes necessary to pass or enact any matter, to provide for meetings ofthe city council and notice thereof; to provide for the duties and powers of the mayor; to provide for the temporary appointment of individuals to act as city manager under certain circumstance; to provide additional duties of the city manager; to provide for the circumstance in which the mayor and council may give directions to employees under the city manager; to provide for competitive bids under certain circumstances; to provide for the appointment ofcertain city officers and the adoption ofcertain policies, procedures, and compensation plans; to provide for related matters; and for other purposes.

The 7th day ofMarch, 2006.

Senator Johnny Grant 25th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Grant, who on oath deposes and says that he is the Senator from District 25 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Union Recorder which is the official organ of Baldwin County on March I 0, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHNNY GRANT Johnny Grant Senator, District 25

Sworn to and subscribed before me, this 13th day of March 2006.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)

4202 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved May 5, 2006.
COBB JUDICIAL CIRCUIT- JUDGES; COMPENSATION.
No. 799 (Senate Bill No. 616).
AN ACT
To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184 ), as amended, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chiefjudge of said circuit; to repeal conflicting laws; to provide an effective date; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, is amended by striking subsections (a) and (b) of Section 4H and inserting in lieu thereof the following:
'(a) Each judge of the Superior Court of the Cobb Judicial Circuit shall receive an annual supplement of$49,711.00, payable in equal monthly installments from the funds of Cobb County. (b) In addition to the supplement provided for in subsection (a) of this section, the chief judge of the Superior Court of the Cobb Judicial Circuit shall receive $8,800.00 annually, payable in equal monthly installments from the funds of Cobb County.'
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended; and for other purposes.

GEORGIA LAWS 2006 SESSION

4203

This lOth day of January 2006.

Rep. R. Steve Tumlin, Jr. Chairman, Cobb County Delegation District 38 Georgia House of Representatives

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John J. Wiles, who on oath deposes and says that he is the Senator from District 37 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 13, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

sf JOHN J. WILES John J. Wiles Senator, District 37

Sworn to and subscribed before me, this 28th day of February 2006.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)

Approved May 5, 2006.

HABERSHAM COUNTY - HABERSHAM COUNTY WATER AND SEWERAGE AUTHORITY; RECONSTITUTION.
No. 800 (Senate Bill No. 627).
AN ACT
To amend an Act creating the Habersham County Water and Sewerage Authority, approved April6, 1981 (Ga. L. 1981, p. 3327), as amended, so as to continue in existence and reconstitute the authority; to provide for legislative findings; to provide for the termination of the terms of members of the authority appointed under previous law; to provide for the appointment of members and their

4204 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
qualifications, terms, chairperson, quorum, meetings, vacancies, and compensation; to provide for perpetual existence of the authority; to provide for ratification of outstanding revenue bond debt; to revise the powers of the authority; to provide that the authority shall exercise its powers with the consent of the Board of Commissioners of Habersham County; to expressly authorize lease of the assets of the authority, transfer of the authority's employees, and the provision of advice and recommendations to the Board of Commissioners of Habersham County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Habersham County Water and Sewerage Authority, approved April 6, 1981 (Ga. L. 1981, p. 3327), as amended, is amended by inserting a new section to be designated Section 1.1 to read as follows:
'Section 1.1. The General Assembly finds that it is advantageous to reconstitute the Habersham County Water and Sewerage Authority for the following reasons:
( 1) The exceptionally rapid growth of the county requires careful planning for infrastructure, which would be made easier by reconstituting the authority; (2) The planning and construction of a water system designed to fulfill the county's water needs for the next several decades inaugurates a new era for the county and the authority; and (3) Close coordination of expansion of the sewerage system with planning for commercial and business development would be more feasible with a reconstituted authority.'
SECTION 2. Said Act is further amended by striking Section 2 and inserting in lieu thereof the following:
'Section 2. (a) This Act continues the existence of a body corporate and politic, known as the Habersham County Water and Sewerage Authority, which is deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all court of law and equity. (b) The terms of members of the authority appointed under the provisions of prior law and serving on the authority on the effective date of this Act shall terminate at noon on the effective date ofthis Act. On and after 12:01 P.M. of the effective date of this Act, the authority shall consist of five members appointed by the Board of Commissioners of Habersham County, one of such members appointed by each district commissioner. (c) Each member of the authority shall be a resident of Habersham County. For their initial appointments, authority members shall be appointed as follows: the

GEORGIA LAWS 2006 SESSION

4205

county commissioners from districts 1 and 2 shall each appoint an authority member to serve for three years; the county commissioners from districts 3 and 4 shall each appoint an authority member to serve for two years; and the county commissioner from district 5 shall appoint an authority member to serve for one year. Upon expiration of these initial appointments, all succeeding appointments shall be for three year terms. Members of the authority shall serve at the will and pleasure of the Board of Commissioners of Habersham County. Any member of the authority may be appointed to succeed himself or herself. (d) The members of the authority shall elect one oftheir number as chairperson. Three members shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The authority shall meet at least annually in the month of January of each year and at such other times as the authority may deem necessary. (e) In the event of a vacancy on the authority for any reason, a replacement member to complete the unexpired term shall be appointed in the same manner as the member whose absence created the vacancy. (f) The members of the authority shall be compensated in the amount of $50.00 for each meeting of the authority attended by a member. All compensation shall be from funds available to the authority. (g) The authority shall provide an annual report of its activities to the Board of Commissioners of Habersham County on such time frame as specified by the board. (h) The authority shall have perpetual existence. The authority as reconstituted by this Act continues in existence the authority created by the 19 81 Act, despite the changes in membership. All revenue bond debt of the authority outstanding on the effective date of this Act is expressly ratified and confirmed as revenue bond debt of the authority reconstituted by this Act.'

SECTION 3. Said Act is further amended by striking Section 4 and inserting in lieu thereof the following:
'Section 4. The authority shall have the following powers to be exercised with the consent of the Board of Commissioners of Habersham County:
(1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with

4206 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
respect to the use of or dispose of the same in any manner it deems to be 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 make contracts, leases, or agreements and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed or acquired, and any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of the state are hereby authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facilities by the authority to such municipal corporations, counties, and political subdivisions for a term not exceeding 50 years; (6) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain, and manage projects, as hereinabove defined, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To make loans with, and accept loans and grants of money or materials or property of any kind from, the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To make loans with, and accept loans and grants of money or materials or property of any kind from, the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions that is not in conflict with the Constitution and laws of this state; and (11) To do all things necessary or convenient to carry out the powers expressly granted by this Act:

GEORGIA LAWS 2006 SESSION

4207

SECTION 4. Said Act is further amended by inserting a new section to be designated Section 4.1 to read as follows:
'Section 4.1. (a) Without limiting the generality of paragraph (5) of Section 4 of this Act, the authority is expressly authorized to enter into a written lease agreement with the Board of Commissioners of Habersham County for the lease of all ofthe assets of the authority and the management of the operations of such assets in exchange for payments by the board of commissioners sufficient to service the current and future debts and other liabilities of the authority. (b) In the event that the authority enters into a lease agreement as described in subsection (a) of this section, all persons employed by the authority immediately prior to the execution of such agreement shall become employees of the Board of Commissioners of Habersham County, and members of the civil service system of such county, except for the director and department heads, who shall serve at the will and the pleasure of the board of commissioners. For purposes of computing the length of service and for all other purposes under such civil service system, such employees shall be deemed to have been employees of the county for all periods of time they were employed by the authority. (c) In the event that the authority enters into a lease agreement as described in subsection (a) of this section, the authority is authorized to provide advice and recommendations to the board of commissioners regarding infrastructure developments and the review of plans for water and sewer requests in the county.'

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

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act creating the Habersham County Water and Sewerage Authority, approved April 6, 1981 (Ga. L. 1981, p. 3327), as amended; and for other purposes.
This 14th day of February 2006.
sf Senator Nancy Schaefer 50th District

4208 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nancy Schaefer, who on oath deposes and says that she is the Senator from District 50 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Northeast Georgian which is the official organ of Habersham County on February 21, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/NANCY SCHAEFER Nancy Schaefer Senator, District 50
Sworn to and subscribed before me, this 21st day ofFebruary 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
GRADY COUNTY- BOARD OF EDUCATION; COMPENSATION.
No. 80 I (Senate Bill No. 660).
AN ACT
To amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, so as to provide for the compensation of 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 creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, is amended by striking subsection (c) of Section 3 and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) The members ofthe board shall be compensated as provided in Code Section 20-2-55 of the 0 .e.G .A., as it presently exists or may be amended in the future:

GEORGIA LAWS 2006 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

4209

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend the compensation of the members of the Grady County Board of Education (Ga. Laws 1968, p. 2120 as amended) and for related purposes.
This 14th day of February, 2006.
Grady County Board of Education Steve A. Wooten Superintendent
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Bulloch, who on oath deposes and says that he is the Senator from District ll and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger which is the official organ of Grady County on March 1, 2006, and that the notice requirements of Code Section 28-l-14 have been met.
sf JOHN BULLOCH John Bulloch Senator, District 11
Sworn to and subscribed before me, this 6th day of March 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 5, 2006.

4210 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
HABERSHAM COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; BASE YEAR; REFERENDUM.
No. 802 (Senate Bill No. 629).
AN ACT
To amend an Act providing for a homestead exemption from certain Habersham 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 approved May 16, 2002 (Ga. L. 2002, p. 5864), so as to change the definition of homestead for purposes of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a homestead exemption from certain Habersham County ad valorem taxes for county 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 approved May 16, 2002 (Ga. L. 2002, p. 5864), is amended by striking paragraph (3) of subsection (a) of Section 1 and inserting in its place a new paragraph (3) to read as follows:
"(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. 'Homestead' also includes real property where the person who is the applicant holds real property subject to a written lease, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improvements located on the real property.'
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Habersham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Habersham County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, state-wide general election, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereofin the official organ of Habersham County. The ballot shall have written or printed thereon the words:

GEORGIA LAWS 2006 SESSION

4211

"YES ( ) Shall the Act be approved which provides the homestead exemption from certain Habersham County ad valorem taxes for county
NO ( ) purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead shall also apply to real property where the person who is the applicant holds real property subject to a written lease, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improvements located on the real property?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2007, and shall apply to all taxable years beginning on or after that date. Ifthe Act is not so approved or if the election is not conducted as provided in this section, Section 1 ofthis Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Habersham 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 2006 session of the General Assembly of Georgia a bill to amend an Act to provide for a homestead exemption from certain Habersham County ad valorem taxes for county purposes, approved May 16, 2002 (Ga. L. 2002, p. 5864), as amended; and for other purposes.
This 14th day of February, 2006.
s/ Senator Nancy Schaefer 50th District

4212 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nancy Schaefer, who on oath deposes and says that she is the Senator from District 50 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Northeast Georgian which is the official organ of Habersham County on February 21, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
sf NANCY SCHAEFER Nancy Schaefer Senator, District 50
Sworn to and subscribed before me, this 21st day of February 2006.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
GWINNETT COUNTY- GWINNETT COUNTY ARTS FACILITY AUTHORITY; MEETING TIMES.
No. 803 (Senate Bill No. 663).
AN ACT
To amend an Act creating the Gwinnett County Arts Facility Authority, approved Aprill4, 1991 (Ga. L. 1991, p. 3542), so as to change the numberoftimes each year the authority shall meet; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Gwinnett County Arts Facility Authority, approved April14, 1991 (Ga. L. 1991, p. 3542), is amended by striking subsection (e) of Section 3 and inserting in lieu thereof the following:
'(e) The authority shall not meet more than 12 times each year and shall not meet outside Gwinnett County.'

GEORGIA LAWS 2006 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

4213

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act creating the Gwinnett County Arts Facility Authority, approved Aprill4, 1991 (Ga. L. 1991, p. 3542): to repeal conflicting laws; and for other purposes.
This 16th day of February, 2006.
s/ Senator Curt Thompson 5th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Curt Thompson, who on oath deposes and says that he is the Senator from District 5 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on February 17, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CURT THOMPSON Curt Thompson Senator, District 5
Sworn to and subscribed before me, this 28th day of February 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 5, 2006.

4214 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LEE COUNTY- LOCAL AUTHORITIES; TERMS; REMOVAL FROM OFFICE.
No. 804 (House Bill No. 1630).
AN ACT
To amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues, and public buildings, and public property, and finances for the County of Lee," approved August 6, 1921 (Ga. L. 1921, p. 517), as amended, so as to provide for the establishment of terms of offices for members oflocal authorities; to provide for the removal of members of such authorities for cause; 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 entitled "An Act to create a Board of Commissioners of Roads and Revenues, and public buildings, and public property, and finances for the County of Lee," approved August 6, 1921 (Ga. L. 1921, p. 517), as amended, is amended by inserting immediately following Section 8A a new section to read as follows:
'SECTION 8B. (a) Unless prohibited by applicable federal or state law, the board of commissioners of Lee County shall be authorized to adopt an ordinance or ordinances providing that the office of any member of a particular board, commission, or authority appointed by the board of commissioners of Lee County shall be declared vacant upon a determination by the members of the board of commissioners of Lee County that such member has been, while in office, arrested for or convicted of a felony, a misdemeanor of a high and aggravated nature, or a crime involving moral turpitude, or is found by the board of commissioners of Lee County to have moved such member's residence from the unincorporated area of Lee County during such member's term of office. The board of commissioners of Lee County shall be authorized to remove any member of such a board, commission, or authority from office by a two-thirds' vote of the board of commissioners of Lee County in the event that such member is found by the board of commissioners of Lee County to be guilty of misfeasance or malfeasance in office, is found by the board of commissioners of Lee County to have failed to attend three or more successive regular meetings of the board, commission, or authority to which such member was appointed without a reasonable excuse approved by a resolution of the board, commission, or authority or who is found by the board of commissioners of Lee County to have engaged in actions or activities which are determined by the board of

GEORGIA LAWS 2006 SESSION

4215

commissioners of Lee County to have been detrimental to the carrying out ofthe duties and obligations of the board, commission, or authority. (b) The Lee County Board of Commissioners shall also be authorized to make any such ordinance or ordinances adopted pursuant to subsection (a) of this section applicable to all members of such board, commission, or authority holding office on or after the effective date of any such ordinance or ordinances. (c) Unless prohibited by applicable federal or state law, the board of commissioners of Lee County shall be authorized to adopt an ordinance or ordinances providing that the term of all memhers appointed to a particular board, commission, or authority by the board of commissioners of Lee County shall be one year, but any such appointed member shall be authorized to succeed himself or herself. (d) The Lee County Board of Commissioners shall be authorized to make any such ordinance or ordinances adopted pursuant to subsection (a) of this section applicable to all members of such board, commission, or authority appointed or reappointed on or after July 1, 2006.'

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 2006 session of the General Assembly of Georgia a bill to amend an act entitled "An act to create a Board of Commissioners of Roads and Revenues, and public buildings, and public property, finances for the County of Lee," approved August 6, 1921 (Ga. L. 1921, p. 517), as amended; and for other purposes.
This seventh day of March, 2006
Representative Ed Rynders 152nd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Rynders, who on oath deposes and says that he is the Representative from District 152 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Lee County

4216 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Ledger which is the official organ of Lee County on March 8, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ED RYNDERS Ed Rynders Representative, District 152
Sworn to and subscribed before me, this 15th day of March, 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.
SATILLA REGIONAL WATER AND SEWER AUTHORITYCOMPOSITION AND SELECTION OF MEMBERS; DUTIES;
APPOINTMENT, TERM, AND EVALUATION OF EXECUTIVE DIRECTOR.
No. 805 (House Bill No. 1651).
AN ACT
To amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3689), so as to provide for the composition and selection of the members of the authority; to provide for the appointment, term, and evaluation of an executive director; to provide for certain duties of the authority; 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 Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3689), is amended by striking subsections (b)

GEORGIA LAWS 2006 SESSION

4217

through (f) of Section 2 and inserting in lieu thereof new subsections (b) through (h) to read as follows:
'(b) The authority shall consist of four members who shall be elected by the consumers ofthe authority, as provided in subsection (d) of this section, and a fifth member who shall be the chairperson of the Board of Commissioners of Ware County or, in the event that such chairperson is unable or unwilling to serve, another member of the Board of Commissioners of Ware County as designated by proper resolution ofthe Board ofCommissioners ofWare County. The chairperson of the Board of Commissioners of Ware County or his or her designated substitute shall serve as an ex officio member of the authority with all the rights, privileges, and immunities of an elected member of the authority. The term of office, as a member of the authority, of the chairperson of the Board of Commissioners of Ware County or his or her designated substitute shall run concurrently with the elected term of office of the chairperson of the Board of Commissioners of Ware County. Each member of the authority who is serving as a member of the authority as of the effective date of this section shall serve out the remainder of the five-year term to which such member was most recently appointed by the Board of Commissioners of Ware County and until such member's successor is duly elected and qualified as provided in subsection (d) of this section. Successors shall be elected as provided in subsection (d) of this section. Each successor shall thereafter take office on the first day ofAugust for a term of four years and until his or her respective successor is duly elected and qualified as provided in subsection (d) of this section. No member of the authority may be elected to succeed himself or herself for more than one consecutive elected term of office. Immediately after taking office, the members of the authority shall enter upon their duties. The members of the authority shall be entitled to compensation for their services in an amount which shall be determined by the authority and which shall not be less than $50.00 per meeting attended, payable in monthly payments, and all members shall additionally be reimbursed 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. (c) In the event that the authority should expand its provision of services to any other county or municipality in accordance with the provisions of this Act, the chief elected executive officer of such county or municipality or, if such chief elected executive officer is unable or unwilling to serve, another member of the board of commissioners of such county or municipality as designated by proper resolution of the board of commissioners of such county or municipality shall serve as an ex officio member of the authority with all the rights, privileges, and immunities of an elected member of the authority. The term of office, as a member of the authority, ofthe chief elected executive officer of such county or municipality or his or her designated substitute shall run concurrently with the elected term of office of the chief elected executive officer of such county or

4218 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
municipality. If the addition as a member of the authority of a chief elected executive officer of a county or municipality or his or her designated substitute should result in an even number of members of the authority, then there shall be added to the authority one additional member who shall be elected by the consumers of the authority as provided in subsection (d) of this section. Such additional elected member shall be subject to the same terms and conditions of office as set forth in subsection (b) of this section, except that such additional elected member shall enter upon his or her duties immediately upon his or her election and shall serve a term of office extending until four years from the first day of August immediately following his or her election and until his or her successor is duly elected and qualified as provided in subsection (d) of this section. (d) For purposes of electing members of the authority, each person, firm, corporation, or other entity having an account with, and receiving services from, the authority shall be entitled to cast one vote for each such account maintained with the authority in accordance with the following procedures:
( 1) Each natural person holding an account individually shall be required, as a precondition to submitting or signing a petition for the nomination of a candidate and to receiving a voting ballot for the applicable account, to provide to the authority in writing his or her full name and social security number, as well as his or her accompanying sample handwritten signature; (2) Any account holder, including multiple concurrent holders of a single account, other than a natural person holding an account individually shall be required, as a precondition to submitting or signing a petition for the nomination of a candidate and to receiving a voting ballot for the applicable account, to file with the authority a written designation of the full name and social security number of the natural person authorized to submit or sign petitions for the nomination of candidates and to cast votes on behalf of such account, and to provide an accompanying sample handwritten signature of such natural person; provided that the authority shall be required to immediately notify in writing the account holder, by certified mail, return receipt requested, directed to the account holder's billing address on file with the authority, ofthe receipt by the authority of conflicting designations of natural persons authorized to submit or sign petitions for the nomination of candidates and to cast votes on behalf of such account; and further provided that the authority shall not provide a voting ballot to any such account holder unless and until the authority receives satisfactory written evidence from such account holder of the resolution of any such conflicting designations; (3) Prior to each election for the position of a member of the authority, the authority shall establish a period of time for the submission of nominations of candidates. Each sitting member of the authority shall be entitled to nominate one candidate. Additionally, any account holder complying with the provisions of paragraph ( 1) or (2) of this subsection shall be en titled to submit one petition for nomination of a candidate, provided that such petition, to be

GEORGIA LAWS 2006 SESSION

4219

valid, shall be accompanied by the signatures of at least 50 other account holders complying with the provisions of paragraph (1) or (2) of this subsection. Following the close of the nominations period, the authority shall designate for inclusion on the election ballot the name of each candidate nominated by a sitting authority member, as well as the name ofeach candidate for which a valid petition for nomination was submitted; (4) In addition to the names of the candidates, the election ballot shall contain spaces for the full name, social security number, and handwritten signature of the account holder as designated in paragraphs ( 1) and (2) of this subsection. The election ballot shall be submitted by the authority to each account holder complying with the provisions of paragraph (1) or (2) of this subsection by mailing such ballot, with the account holder's monthly authority bill, to each account holder at such account holder's billing address on file with the authority. After voting for one candidate and providing the account holder's full name, social security number, and handwritten signature, the account holder shall seal the ballot in an envelope addressed to the auditor of the authority and shall mail or hand deliver such ballot to the auditor of the authority at such address as may be designated by said auditor. No ballot shall be counted which is not actually received by or on behalf of the auditor at the address designated by the auditor on or before the due date of the account holder's bill. No account holder shall submit his or her monthly authority bill payment in the envelope containing the completed ballot which is submitted to the auditor. The auditor of the authority shall tabulate the election ballots; provided, however, that the auditor shall not count any ballot which, in the judgment of the auditor, has been fraudulently prepared or fraudulently submitted or which otherwise fails to comply with the procedural requirements set forth in paragraphs (1) through (4) of this subsection; and (5) The candidate receiving the greatest number of votes shall be elected as a member of the authority, provided that such candidate must also receive a majority of the votes cast. In the event that no candidate receives a majority of the votes cast, then the names of the candidates having the two greatest numbers of votes shall be submitted to the consumers of the authority on a runoff ballot in accordance with paragraph (4) of this subsection. Thereafter, the candidate receiving a majority of the votes cast in such runoff shall be elected as a member of the authority. (e) If a vacancy by reason of death, disqualification, resignation, or other reason occurs with respect to a member, the consumers of the authority shall be entitled to elect a member, through the provisions ofsubsection (d) of this section, to fill the unexpired term of the member whose position has been vacated; provided, however, that, in the event that the length of such unexpired term shall be less than 180 days, the sitting members of the authority shall select a member to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral

4220 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
turpitude or enters a plea ofnolo contendere thereto; who discontinues his or her account and services with the authority as a consumer of the authority; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his or her duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of six months without excuse approved by a resolution of the authority. (f) To be eligible for election as a member of the authority, a person shall be at least 21 years of age; shall have an account with, and receive services from, the authority as a consumer of the authority; and shall not have been convicted of a felony. (g) 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. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution presented. (h) A majority of the total number of 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 ofthe authority.'
SECTION 2. Said Act is further amended by inserting a new Section 4.1 to read as follows:
'SECTION 4.1. The authority shall have the complete responsibility for the maintenance and upkeep of the equipment owned by the authority, including, but not limited to, any and all fire hydrants; provided, however, that, as to fire hydrants, the authority shall not be responsible for the maintenance and upkeep of any equipment not owned by the authority or any portion of the right of way not belonging to the authority.'
SECTION 3. Said Act is further amended by inserting a new Section 4.2 to read as follows:
'SECTION 4.2. The authority shall appoint an executive director who shall serve at the pleasure of the authority. The authority shall conduct an annual performance review of such executive director. In the event that the authority chooses to enter into a contract of employment with such executive director, such contract of employment shall not be longer than one year in duration, but shall be renewable by the authority for additional one-year periods upon a finding of satisfactory

GEORGIA LAWS 2006 SESSION

4221

performance by such executive director in each annual performance review by the authority.'

SECTION 4. Said Act is further amended by inserting a new Section 24.1 to read as follows:

'SECTION 24.1. The authority shall provide, upon customer request, a written receipt to the customer showing the actual date on which a payment from the customer to the authority was received by the authority. The authority is authorized to charge a late fee in an amount not to exceed $5.00 in the event that a bill is not paid in full by the due date specified on the authority's written billing. Only when a customer's bill remains unpaid or outstanding after 15 days beyond the due date may the authority disconnect service to such customer for nonpayment of a bill. In the event that service is disconnected for nonpayment of a bill pursuant to this section, the authority is authorized to require the payment of a reconnection fee in an amount not to exceed $10.00, as well as the payment of any outstanding late fee, prior to the reconnection of the service at the request of the customer.'

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

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act creating the Satilla Regional Water and Sewer Authority; previously known as the Ware County Water and Sewer Authority; approved October 1, 2001 (Ga. L. 2001, p. 705), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3689), so as to provide for the composition and selection of the members of the authority; to provide for the appointment, term, and evaluation of an executive director; to provide for certain duties of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 16th day of March, 2006.
s/ J. Mark Hatfield Representative J. Mark Hatfield District 177
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Mark Hatfield, who on oath deposes and says that he is the

4222 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Representative from District 177 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County on March 17,2006, and that the notice requirements of Code Section 28-1-14 have been met.
sf J. MARK HATFIELD J. Mark Hatfield Representative, District 177
Sworn to and subscribed before me, this 20th day of March 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.
CITY OF ALPHARETTA- CORPORATE LIMITS.
No. 806 (House Bill No. 1652).
AN ACT
To amend an Act creating a new charter for the City of Alpharetta, approved April 9, 1981 (Ga. L. 19 81, p. 4609), as amended, particularly by an Act approved April4, 1997 (Ga. L. 1997, p. 3633), so as to provide for annexation of certain property; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the City of Alpharetta, approved April9, 1981 (Ga. L. 1981, p. 4609), as amended, particularly by an Act approved April4, 1997 (Ga. L. 1997, p. 3633), is amended by adding at the end of Section 1.1 a new subsection to read as follows:
'(f) In addition to the area now embraced within the corporate limits of the City of Alpharetta, the following described property shall be included within said corporate limits:

GEORGIA LAWS 2006 SESSION

4223

All of that tract or parcel of land lying and being in Land Lot 1239 of the 2nd District, 2nd Section of Fulton County, Georgia, and bounded on the south by Rucker Road, bounded on the east by the corporate limits of the City of Roswell, bounded on the west by the corporate limits of the City of Roswell, and bounded on the north by the current corporate limits of the City of Alpharetta."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except as otherwise provided by Code Section 36-36-2 of the O.C.G.A.

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

NOTICE OF INTENTION OF INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Alpharetta, approved April9, 1981 (Ga. L. 1981, p. 4609), as amended; and for other purposes.
This 7th day of March, 2006.
REPRESENTATIVE JAN JONES 46th 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 Representative from District 46 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 legal organ of Fulton County on March 10, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAN JONES Jan Jones Representative, District 46

4224 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this I Oth day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission expires Aug. 2S, 2007 (SEAL)
Approved May S, 2006.
ALCOVY JUDICIAL CIRCUIT- JUDGES; COMPENSATION.
No. 807 (House Bill No. IS70).
AN ACT
To amend an Act creating the Alcovy Judicial Circuit, approved March 9, I972 (Ga. L. I972, p. IS2), as amended, particularly by an Act approved AprilS, 199S (Ga. L. I99S,p. 42I9), and an Act approved AprilS, I99S (Ga. L. 199S, p. 4221), so as to provide an increase in the salary supplement for the superior court judges; 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 Alcovy Judicial Circuit, approved March 9, I972 (Ga. L. I972, p. IS2), as amended, particularly by an Act approved, AprilS, I99S (Ga. L. I99S, p. 42I9), and an Act approved AprilS, 199S (Ga. L. 199S, p. 422I ), is amended by striking Section 2A of said Act in its entirety and inserting in lieu thereof a new Section 2A to read as follows:
'SECTION 2A. In addition to the salary and expense allowances payable from state funds, each judge of the Superior Courts of the Alcovy Judicial Circuit shall receive a salary supplement of $I ,SOO.OO per month from each county which comprises the Alcovy Judicial Circuit.'
SECTION 2. This Act shall become effective on July I, 2006.

GEORGIA LAWS 2006 SESSION
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

422S

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 1S2), as amended, particularly by an Act approved AprilS, 199S (Ga. L. 199S, p. 4219) and an Act approved AprilS, 199S (Ga. L. 199S, p. 4221); to provide for related matters; and for other purposes.
This 24th day of February, 2006.
Robert Mumford Len Walker
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert F. Mumford, who on oath deposes and says that he is the Representative from District 9S and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ ofWalton County on March 1, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ROBERT F. MUMFORD Robert F. Mumford Representative, District 9S
Sworn to and subscribed before me, this 6th day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 2S, 2007 (SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 1S2), as amended, particularly by an Act approved AprilS, 199S (Ga. L. 199S, p. 4219) and an Act approved AprilS, 199S (Ga. L. 199S, p. 4221 ); to provide for related matters; and for other purposes.

4226 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 24th day of February, 2006.
Representative Robert F. Mumford 95th District Representative Len Walker I 07th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert F. Mumford, who on oath deposes and says that he is the Representative from District 95 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ ofNewton County on March 3, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
sf ROBERT F. MUMFORD Robert F. Mumford Representative, District 95
Sworn to and subscribed before me, this 6th day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
RANDOLPH COUNTY- JUDGE OF PROBATE COURT: APPOINTMENT OF CLERK.
No. 808 (House Bill No. 1561).
AN ACT
To provide that the judge of the Probate Court of Randolph County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Randolph County; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2006 SESSION

4227

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Any other provision oflaw to the contrary notwithstanding, the judge of the Probate Court of Randolph County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Randolph 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 2006 session of the General Assembly of Georgia a bill to provide that the judge of Probate Court of Randolph County shall have the authority to appoint a person other than the clerk ofthe superior court to serve as clerk of the Probate Court of Randolph County; and for our purposes.

This 2nd day ofMarch, 2006

Representative Gerald E. Greene 149th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cuthbert Southern Tribune which is the official organ of Randolph County on March 2, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

sf GERALD E. GREENE Gerald E. Greene Representative, District 149

Sworn to and subscribed before me, this 6th day of March 2006.

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

4228 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved May 5, 2006.
MILLER COUNTY- STATE COURT; JUDGE; SOLICITOR-GENERAL; COMPENSATION.
No. 809 (House Bill No. 1560).
AN ACT
To amend an Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3921), so as to change the compensation of the judge and solicitor-general of said court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 53 8), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3921), is amended by striking in its entirety subsection (a) of Section 3 and inserting in lieu thereof the following:
'(a) The solicitor-general of the State Court ofMiller County shall receive for his or her services an annual salary in an amount not less than $14,000.00 nor greater than $18,000.00, as established by majority vote of a quorum of the county governing authority, payable in equal monthly installments from the funds of Miller County.'
SECTION 2. Said Act is further amended by striking in its entirety Section 34 and inserting in lieu thereof the following:
'SECTION 34. There shall be a judge of said court who shall be elected by the qualified voters of Miller County, Georgia, at the same time and under the same rules and regulations as other county officers are now elected. The judge of said court shall receive a salary in an amount not less than $16,000.00 nor greater than $20,000.00, as established by majority vote of a quorum of the county governing authority, payable in equal monthly installments from the funds of Miller County, which salary shall not be diminished during the judge's term of office. The judge of said court shall serve for a term of office of four years and until a successor is elected and qualified. It shall be the duty of the governing authority of said county to make provisions annually for levying taxes for the purpose of

GEORGIA LAWS 2006 SESSION

4229

compensating the judge of said court. Said judge shall receive no other compensation for his or her services but may practice law in any of the courts of this state except the State Court of Miller County.'

SECTION 3. This Act shall become effective on January 1, 2007.

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 2006 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended; and for other purposes.
This 24th day of February, 2006.
s/ Gerald Greene Honorable Gerald Greene Representative, District 149
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Miller County Liberal which is the official organ of Miller County on March 1, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GERALD E. GREENE Gerald E. Greene Representative, District 149
Sworn to and subscribed before me, this 6th day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)

4230 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved May 5, 2006.
CITY OF GUYTON- NEW CHARTER.
No. 810 (House Bill No. 1559).
AN ACT
To provide a new charter for the City of Guyton; to provide for incorporation, boundaries, and powers ofthe city; to provide for a governing authority ofsuch city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Guyton in the County of Effingham, approved Aprill2, 1982 (Ga. L. 1982, p. 3806); to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.10. Name.
The City of Guyton, in Effingham County, Georgia, is reincorporated by the enactment of this charter and is constituted and declared a body politic and

GEORGIA LAWS 2006 SESSION

4231

corporate under the name and style City of Guyton, Georgia, and by that name shall have perpetual succession.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Guyton, Georgia." Photographic, typed, or other copies ofsuch map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing,

4232 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G .A. or such other applicable laws as are now or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; ( 11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;

GEORGIA LAWS 2006 SESSION

4233

(13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; ( 14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency;

4234 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, public grounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, other public utilities, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits ofthe city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G .A. or such other applicable laws as are now or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions 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 Pub lie Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to

GEORGIA LAWS 2006 SESSION

4235

charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal ofgarbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereofto be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as ifsuchpowers 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.

4236 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1.13. Exercise of powers.
(a) 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. (b) Failure to exercise a power by the city shall not be a waiver or relinquishment of said power; the city may at any future time exercise or restrict such powers; and the failure to exercise such power shall not give any individual or entity any cause of action or claim against the city.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. The city council established in this charter shall in all respects be a successor to and continuation of the city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by this charter.
SECTION 2.11. City council terms and qualifications for office.
The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of the mayor or members of the city council; each shall continue to reside therein during that person's period ofservice and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; filling of vacancies; suspensions.
(a) Vacancies- The office of mayor or councilmember shall become vacant upon such person's failing or ceasing to reside in the city or upon the occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

GEORGIA LAWS 2006 SESSION

4237

(b) Filling of vacancies- A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter.

SECTION 2.13. Compensation and expenses.

The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance. The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties.

SECTION 2.14. Conflicts of interest; holding other offices.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest- No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
( 1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G .A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or

4238 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (c) Disclosure - Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property- No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Ineligibility of elected official- Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected. (g) Political activities of certain officers and employees- No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation ( 1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit that person's office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

GEORGIA LAWS 2006 SESSION

4239

SECTION 2.15. Inquiries and investigations.

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

SECTION 2.16. General power and authority of the city council.

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

SECTION 2.17. Eminent domain.

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

SECTION 2.18. Organizational meetings.

The city council shall hold an organizational meeting on the second Tuesday in January after an election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or councilmember, as the case maybe,) ofthis city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America."

4240 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.19. Regular and special meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or any member of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G .A. or other such applicable laws as are or may hereafter be enacted.
SECTION 2.20. Rules ofprocedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum; voting. Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers, or in cases where a bare quorum is present, a majority of the members of a bare quorum, shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote. The mayor and mayor pro tern shall each have a vote on the council.

GEORGIA LAWS 2006 SESSION

4241

SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Guyton, Georgia" 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, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

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

4242 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
emergency ordinance may also be repealed by adoption ofa repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G .A. or such other applicable laws as are or may hereafter be enacted.
SECTION 2.25. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally exceptthat: ( 1) the requirements of subsection (b) ofSection 2.22 ofthis charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Guyton, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council

GEORGIA LAWS 2006 SESSION

4243

shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes oftechnical regulations and other rules and regulations included in the code.

SECTION 2.27. Election of mayor; forfeiture; compensation.

The mayor shall be elected and serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall ~e a qualified elector of this city and shall have been a resident of this city for 12 months immediately preceding the mayor's election. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit that office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.

SECTION 2.28. Chief executive officer.

The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative power granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter.

SECTION 2.29. Powers and duties of the 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 all officers, department heads, and employees ofthe 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 councilmembers a recommended operating budget and capital budget; (5) Submit to the councilmembers at least once a year a statement covering the financial conditions of the city and from time to time such other information as the councilmembers may request; (6) Recommend to the councilmembers such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (7) Call special meetings of the councilmembers as provided for in subsection (b) of Section 2.19 of this charter; (8) Approve or disapprove ordinances as provided in Section 2.3 0 of this charter; (9) Provide for an annual audit of all accounts of the city;

4244 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1 0) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; ( 11) Vote on matters before the city council and be counted toward a quorum as any other councilmember; and (12) Perform such other duties as may be required by law, this charter, or ordinance.
SECTION 2.30. Submission of ordinances to the mayor; veto power.
(a) Every ordinance adopted by the councilmembers shall be presented promptly by the city clerk to the mayor after its adoption. (b) The mayor, within ten calendar days of receipt of an ordinance, shall 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 at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the councilmembers 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 councilmembers at their next meeting. If the councilmembers then or at their next meeting adopt the ordinance by an affirmative vote of three members, it shall become law. (d) The mayor may disapprove or reduce any item or items ofappropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the councilmembers over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the councilmembers as though disapproved and shall not become law unless overridden by the councilmembers as provided in subsection (c) of this section.
SECTION 2.31. Mayor pro tempore; selection; duties.
By a majority vote, the councilmembers shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the councilmembers and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability or absence. The councilmembers by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all councilmembers.

GEORGIA LAWS 2006 SESSION

4245

ARTICLE III ADMINISTRATIVE AFFAIRS

SECTION 3.10. Administrative and service departments.

(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies 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 of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer (i.e. "department head"). Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All directors under the supervision of the mayor and appointive officers shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors and appointive officers, or confirm the suspension or rem ova1of employees by department directors, and such action shall be effective immediately upon the mayor's decision; provided, however, that such director, officer, or employee shall have a right to appeal such action to the city council, which, after a hearing, may override the mayor's action by a vote of three councilmembers.

SECTION 3.11. Boards, commissions, and authorities.

(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms ofoffice, or manner of appointment is prescribed by this charter or by law. (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.

4246 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office; such oath shall be prescribed by ordinance and administered by the mayor. (g) All board members serve at-will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 3.12. City attorney.
The city council and mayor shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of such person's position as city attorney.
SECTION 3.13. City clerk.
The city council and mayor shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council.

GEORGIA LAWS 2006 SESSION

4247

SECTION 3.14. Position classification and pay plans.

The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.

SECTION 3.15. Personnel policies.

The city council shall adopt rules and regulations consistent with this charter concerning:
( 1) The method of employee selection, promotion, and transfer; (2) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the manner in which layoffs shall be effected; (3) A for-cause removal system, including provisions for such dismissal hearings as due process may require; and (4) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs.

ARTICLE IV MUNICIPAL COURT

SECTION 4.10. Creation; name.

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

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of21 years and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance.

4248 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fme of$1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance ofpersons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance ofa defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.

GEORGIA LAWS 2006 SESSION

4249

(t) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

SECTION 4.14. Certiorari.

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

SECTION 4.15. Rules for court.

With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.

SECTION 4.16. Right to counsel.

In all cases before the municipal court, an indigent defendant shall be advised as to the right to have counsel appointed and an attorney must be provided where desired except in such cases where the judge does not wish to impose a jail term.

4250 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.11. Election of the city council and mayor.
(a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two councilmembers at one election and at every other election thereafter. The remaining two city council seats shall be filled at the election alternating with the first election so that a continuing body is created.
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
SECTION 5.13. Election by majority.
The person receiving a majority ofthe votes cast for any city office shall be elected.
SECTION 5.14. Vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 ofthis charter, the remaining members ofthe city council shall by majority vote appoint a qualified person to fill such vacancy for the remainder of the unexpired term.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options

GEORGIA LAWS 2006 SESSION

4251

and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 5.16. Removal of officers.

(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Effingham 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 Effingham County following a hearing on a complaint seeking such removal brought by any resident of the City of Guyton.

ARTICLE VI FINANCE

SECTION 6.10. Property tax.

The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.

SECTION 6.11. Millage rate; due dates; payment methods.

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

4252 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory fees; permits.
The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, 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 city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

GEORGIA LAWS 2006 SESSION

4253

SECTION 6.15. Service charges.

The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. 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 and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. Ifunpaid, such charges shall be collected as provided in Section 6.18 ofthis charter.

SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes and fees.

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

SECTION 6.19. General obligation bonds.

The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance

4254 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
with the laws governing bond issuance by municipalities in effect at the time such issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.24. Preparation of budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.

GEORGIA LAWS 2006 SESSION

4255

SECTION 6.25. Submission of operating budget to city council.

On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.26. Action by city council on budget.

(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the beginning day of each fiscal year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.

SECTION 6.27. Tax levies.

The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for

4256 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Capital budget.
(a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the beginning day of each fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.

GEORGIA LAWS 2006 SESSION

4257

SECTION 6.31. Contracting procedures.

No contract with the city shall be binding on the city unless: ( 1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter.

SECTION 6.32. Centralized purchasing.

The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.

SECTION 6.33. Sale and lease of city property.

(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place 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 sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

4258 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Existing ordinances, resolutions, rules, and regulations.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of this city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which time the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or officers as may be provided by the city council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive.

GEORGIA LAWS 2006 SESSION

4259

(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) Except as specifically provided otherwise by this charter, the term:
(1) "City council" means the members of the city council and the mayor. (2) "Councilmember" means a member of the city council other than the mayor.

SECTION 7.15. Severability.

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

SECTION 7.16. Specific repealer.

An Act incorporating the City of Guyton in the County of Effingham, approved April 12, 1982 (Ga. L. 1982, p. 3806), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 7.17. Effective date.

This charter shall become effective on July 1, 2006.

SECTION 7.18. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to provide a new charter for the City of Guyton; 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

4260 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ordinances and codes; to provide for a mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation; licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal an Act reincorporating the City of Guyton, approved April 12, 1982 (Ga. L. 1982, p. 3806); and for other purposes.
This 14th day of February 2006
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jon Burns, who on oath deposes and says that he is the Representative from District 157 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 17,2006, and that the notice requirements of Code Section 28-1-14 have been met.
s! JON BURNS Jon Burns Representative, District 157
Sworn to and subscribed before me, this 6th day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

GEORGIA LAWS 2006 SESSION

4261

CITY OF SYLVANIA- CORPORATE LIMITS.

No. 811 (House Bill No. 1558).

AN ACT

To amend an Act to incorporate and to grant a new charter to the City of Sylvania, approved March 1, 1963 (Ga. L. 1963, p. 2030), as amended, so as to change the corporate boundaries of such city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to incorporate and to grant a new charter to the City of Sylvania, approved March 1, 1963 (Ga. L. 1963, p. 2030), as amended, is amended by designating the existing text contained in Section 4 of the Act as subsection (a) and inserting a new subsection (b) to read as follows:
'(b) In addition to the area described in subsection (a) of this section and those areas previously added by local annexation, the corporate limits of the city shall include the following areas:
TRACTNO. 1 All that certain tract or parcel ofland, situate, lying and being in the 34th G. M. District of Screven County, Georgia, being designated as Parcel 1, and containing 214.61 acres, according to a plat of survey by Warren E. Poythress, registered Land Surveyor No. 1953, dated February 21, 2006, the same being on file in the office of the City Clerk for the City of Sylvania located at 104 South Main Street, Sylvania, Georgia 30467. Said tract is described as follows:
Beginning at a point on the City Limits where lands of Hunter and Hunter and the right of way of South Main Street (State Highway #21) meet, and heading:
THENCE South 57 degrees 55 minutes 25 seconds East for a distance of 1860.47 feet to a point; THENCE North 32 degrees 04 minutes 35 seconds East for a distance of 29.24 feet to a RWMKR; THENCE South 57 degrees 59 minutes 23 seconds East for a distance of 323.52 feet to a RWMKR; THENCE South 57 degrees 47 minutes 13 seconds East for a distance of 949.24 feet to a CMF; THENCE North 85 degrees 08 minutes 09 seconds West for a distance of 349.84 feet to a CMF; THENCE South 20 degrees 26 minutes 10 seconds West for a distance of 468.59 feet to a CMF;

4262 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THENCE South 20 degrees 26 minutes 10 seconds West for a distance of 817.50 feet to a CMF; THENCE South 56 degrees 22 minutes 00 seconds East for a distance of 958.76 feet to a N\SFEN; THENCE South 83 degrees 44 minutes 14 seconds West for a distance of 2249.03 feet to a point; THENCE North 04 degrees 31 minutes 36 seconds East for a distance of 1194.80 feet to a point; THENCE South 72 degrees 10 minutes 36 seconds West for a distance of 815.60 feet to a point; THENCE South 17 degrees 49 minutes 19 seconds East for a distance of 100.00 feet to a point; THENCE South 72 degrees 10 minutes 37 seconds West for a distance of 774.50 feet to a point; THENCE South 03 degrees 47 minutes 01 seconds East for a distance of 456.38 feet to a CMF@30; THENCE North 77 degrees 47 minutes 07 seconds West for a distance of 61.55 feet to a N\S@30; THENCE South 82 degrees 11 minutes 07 seconds West for a distance of 459.03 feet to a 3/4"PIPE; THENCE North 16 degrees 59 minutes 14 seconds West for a distance of 1275.77 feet to a HWY COR; THENCE North 74 degrees 52 minutes 57 seconds East for a distance of 666.82 feet to a RWMKR; THENCE North 21 degrees 28 minutes 06 seconds East for a distance of 184.11 feet to a RWMKRDIST; THENCE North 03 degrees 42 minutes 21 seconds West for a distance of 1399.68 feet to a CITYLIM; THENCE along a curve to the left having a radius of5280.00 feet and an arc length of 1305.60 feet, being subtended by a chord of North 66 degrees 10 minutes 26 seconds East for a distance of 1302.27 feet to a point known as the point of beginning. The above referenced Poythress plat is by reference expressly incorporated herein for a more complete and accurate description of said property. TRACT NO.2 All that certain tract or parcel of! and, situate, lying and being in the 34th G. M. District of Screven County, Georgia, being designated as Parcel 2, and containing 641 .41 acres, according to a plat of survey by Warren E. Poythress, Registered Land Surveyor No. 1953, dated February 21, 2006, the same being on file in the office of the City Clerk for the City of Sylvania located at 104 South Main Street, Sylvania, Georgia 30467. Said tract is described as follows:

GEORGIA LAWS 2006 SESSION

4263

Beginning at a right of way marker where the lands of Helen Sharpe and Newton meet the southern right of way of the Savannah River Parkway, and heading:
THENCE South 15 degrees 23 minutes 16 seconds East for a distance of 334.68 feet to a CMF6X6TP; THENCE South 15 degrees 59 minutes 37 seconds East for a distance of 940.10 feet to a CMF; THENCE North 80 degrees 52 minutes 00 seconds West for a distance of 793.77 feet to a N\SFEN; THENCE North 32 degrees 28 minutes 59 seconds West for a distance of 615.99 feet to a RBSTP; THENCE South 86 degrees 16 minutes 57 seconds West for a distance of 420.32 feet to a CMF; THENCE South 86 degrees 16 minutes 57 seconds West for a distance of 885.38 feet to a CMF; THENCE South 88 degrees 25 minutes 47 seconds West for a distance of 549.72 feet to a FLATIRON; THENCE South 88 degrees 33 minutes 28 seconds West for a distance of l 061.74 feet to a CMF6X6; THENCE North 16 degrees 19 minutes 39 seconds West for a distance of 103.35 feet to a CMF6X6; THENCE North 16 degrees 19 minutes 39 seconds West for a distance of 199 .26 feet to a point; THENCE South 74 degrees 46 minutes 33 seconds West for a distance of 252.72 feet to a RWMKR; THENCE South 82 degrees 37 minutes 52 seconds West for a distance of 119.05 feet to a RWMKR; THENCE South 23 degrees 46 minutes 18 seconds West for a distance of 569.38 feet to a ns@50'; THENCE North 65 degrees 51 minutes 29 seconds West for a distance of 199.88 feet to a ns@40'&150'; THENCE South 74 degrees 57 minutes 57 seconds West for a distance of 263.91 feet to a point; THENCE South 73 degrees 03 minutes 28 seconds West for a distance of 543 .92 feet to a point; THENCE South 73 degrees 33 minutes 00 seconds West for a distance of 108.47 feet to a point; THENCE South 83 degrees 22 minutes 42 seconds West for a distance of 260.61 feet to a point; THENCE South 75 degrees 51 minutes 38 seconds West for a distance of 1235.50 feet to a rriron; THENCE South 15 degrees 59 minutes 24 seconds East for a distance of 1300.20 feet to a point;

4264 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THENCE South 16 degrees 59 minutes 22 seconds East for a distance of 1245.40 feet to a point; THENCE South 15 degrees 21 minutes 22 seconds East for a distance of 700.30 feet to an axle; THENCE South 22 degrees 42 minutes 27 seconds West for a distance of 222.84 feet to a cmfdist; THENCE North 65 degrees 32 minutes 16 seconds West for a distance of 44.5 8 feet to a point; THENCE South 22 degrees 04 minutes 38 seconds West for a distance of 73.90 feet to a point; THENCE South 82 degrees 00 minutes 38 seconds West for a distance of 1181.40 feet to a point; THENCE North 53 degrees 48 minutes 22 seconds West for a distance of 410.50 feet to a point; THENCE North 03 degrees 26 minutes 38 seconds East for a distance of 269.30 feet to a point; THENCE North 58 degrees 04 minutes 22 seconds West for a distance of 650.10 feet to a point; THENCE North 07 degrees 33 minutes 22 seconds West for a distance of 245.50 feet to a point; THENCE North 80 degrees 37 minutes 50 seconds West for a distance of 548.39 feet to a point; THENCE North 75 degrees 06 minutes 38 seconds East for a distance of 1652.00 feet to a point; THENCE North 16 degrees 41 minutes 34 seconds West for a distance of 1679.65 feet to a rwmkr; THENCE North 54 degrees 19 minutes 33 seconds East for a distance of 492.06 feet to a point; THENCE North 63 degrees 23 minutes 38 seconds East for a distance of 595.30 feet to a point; THENCE North 72 degrees 32 minutes 38 seconds East for a distance of 957.70 feet to a point; THENCE North 72 degrees 32 minutes 38 seconds East for a distance of 70.8 3 feet to a point; THENCE South 24 degrees 0 I minutes 43 seconds East for a distance of 116.75 feet to a point; THENCE South 37 degrees 10 minutes 06 seconds East for a distance of 71.07 feet to a point; THENCE North 81 degrees 37 minutes 15 seconds East for a distance of 180.95 feet to a point; THENCE North 73 degrees 33 minutes 00 seconds East for a distance of 102.83 feet to a point; THENCE North 73 degrees 32 minutes 59 seconds East for a distance of 543.90 feet to a CMF;

GEORGIA LAWS 2006 SESSION

4265

THENCE North 16 degrees 27 minutes 01 seconds West for a distance of 229.43 feet to a CMF; THENCE North 18 degrees 10 minutes 18 seconds East for a distance of 191.97 feet to a CMFDIST; THENCE North 13 degrees 26 minutes 02 seconds East fora distance of 192.24 feet to a CMFDIST; THENCE North 08 degrees 45 minutes 24 seconds East for a distance of 191.88 feet to a CMFDIST; THENCE North 04 degrees 03 minutes 03 seconds East for a distance of 95.91 feet to a CMF; THENCE North 03 degrees 58 minutes 34 seconds East for a distance of 96.04 feet to a CMF; THENCE North 00 degrees 50 minutes 32 seconds West for a distance of 191.71 feet to aCMFDIST; THENCE North 05 degrees 30 minutes 40 seconds West for a distance of 192.34 feet to a CMF; THENCE North 10 degrees 25 minutes 25 seconds West for a distance of 191.89 feet to a CMFDIST; THENCE North 14 degrees 58 minutes 41 seconds West for a distance of 191.88 feet to a CMFDIST; THENCE North 18 degrees 13 minutes 17 seconds West for a distance of 220.97 feet to a CMF; THENCE North 17 degrees 35 minutes 11 seconds West for a distance of 80.31 feet to a CMF; THENCE North 48 degrees 03 minutes 38 seconds West for a distance of 392.57 feet to a CMF; THENCE North 41 degrees 53 minutes 34 seconds East for a distance of 454.55 feet to a CMF6X6; THENCE North 3 7 degrees 38 minutes 31 seconds West for a distance of 1499.63 feet to a CMF6X6; THENCE North 70 degrees 23 minutes 38 seconds East for a distance of 555.13 feet to a CMF6X6; THENCE North 13 degrees 44 minutes 28 seconds East for a distance of 32.63 feet to a CLRUN; THENCE North 48 degrees 27 minutes 45 seconds West for a distance of 80.09 feet to a CLRUN; THENCE North 88 degrees 43 minutes 43 seconds West for a distance of 52.35 feet to a CLRUN; THENCE North 44 degrees 06 minutes 56 seconds West for a distance of 64.95 feet to a CLRUN; THENCE North 18 degrees 50 minutes 28 seconds East for a distance of 40.18 feet to a CLRUN; THENCE South 85 degrees 10 minutes 39 seconds East for a distance of 40.34 feet to a CLRUN;

4266 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THENCE North 29 degrees 12 minutes 08 seconds West for a distance of 53.49 feet to a CLRUN; THENCE, South 78 degrees 13 minutes 20 seconds West for a distance of 25.70 feet" to a CLRUN; THENCE North 30 degrees 06 minutes 02 seconds West for a distance of 74.39 feet to a CLRUN; THENCE North 56 degrees 27 minutes 08 seconds West fora distance of 23.97 feet to a CLRUN; THENCE North 26 degrees 52 minutes 07 seconds West for a distance of 75.65 feet to a CLRUN; THENCE North 23 degrees 40 minutes 55 seconds East for a distance of 83.47 feet to a CLRUN; THENCE North 76 degrees 36 minutes 17 seconds West for a distance of 58.66 feet to a CLRUN; THENCE North 24 degrees 56 minutes44 seconds West for a distance of 76.61 feet to a CLRUN; THENCE North 70 degrees 57 minutes 14 seconds West for a distance of 42.62 feet to a CLRUN; THENCE North 19 degrees 55 minutes 26 seconds West for a distance of 60.92 feet to a CLRUN; THENCE North 83 degrees 49 minutes 29 seconds West for a distance of 24.81 feet to a CLRUN; THENCE North 39 degrees 46 minutes 19 seconds West for a distance of 147.83 feet to a CLRUN; THENCE North 55 degrees 38 minutes 57 seconds West for a distance of 80.79 feet to a CLRUN; THENCE North 22 degrees 59 minutes 22 seconds West fora distance of 51.05 feet to a CLRUN; THENCE North 12 degrees 36 minutes 56 seconds West for a distance of 74.62 feet to a CLRUN; THENCE North 38 degrees 03 minutes 50 seconds West for a distance of 125.98 feet to a CLRUN; THENCE North 26 degrees 15 minutes 25 seconds West for a distance of 42.36 feet to a CLRUN; THENCE North 62 degrees 52 minutes 31 seconds West for a distance of 24.87 feet to a CMF6X6; THENCE North 51 degrees 42 minutes 59 seconds West for a distance of 81.55 feet to a CLRUN; THENCE North 50 degrees 25 minutes 36 seconds West for a distance of 48.38 feet to a CLRUN; THENCE North 06 degrees 43 minutes 08 seconds West for a distance of 71.12 feet to a CMF; THENCE North 75 degrees 39 minutes 02 seconds West for a distance of 95.70 feet to a CLRUN;

GEORGIA LAWS 2006 SESSION

4267

THENCE North 28 degrees 04 minutes 29 seconds West for a distance of 92.25 feet to a CLRUN; THENCE North 37 degrees 01 minutes 12 seconds West fora distance of 94.01 feet to a CLRUN; THENCE North 64 degrees 50 minutes 24 seconds West for a distance of 57.24 feet to a CLRUN&PL; THENCE North 47 degrees 54 minutes 41 seconds West for a distance of 129.65 feet to a CLRUN; THENCE North 04 degrees 11 minutes 16 seconds West for a distance of 45.51 feettoaCLRUN; THENCE North 43 degrees 15 minutes 48 seconds West for a distance of 120.47 feet to a CLRUN; THENCE North 13 degrees 19 minutes 02 seconds West for a distance of 77.65 feet to a CLRUN; THENCE North 22 degrees 02 minutes 58 seconds West for a distance of 137.36 feet to a CLRUN; THENCE North 40 degrees 39 minutes 50 seconds West for a distance of 105.44 feet to a CMF; THENCE North 36 degrees 34 minutes 31 seconds West for a distance of 72.77 feet to a CLRUN; THENCE North 33 degrees 11 minutes 42 seconds West for a distance of 92.01 feet to a CLRUN; THENCE North 36 degrees 53 minutes 10 seconds West for a distance of 56.20 feet to an IPF112CLRUN; THENCE North 13 degrees 38 minutes 41 seconds West for a distance of 39.51 feet to a point; THENCE North 28 degrees 49 minutes 40 seconds West for a distance of 137.06 feet to a clrun; THENCE North 2 9 degrees 28 minutes 05 seconds West for a distance of 47.89 feet to a clrun; THENCE North 13 degrees 21 minutes 08 seconds East for a distance of 18.46 feet to a clrun; THENCE North 16 degrees 17 minutes 30 seconds West for a distance of 64.20 feet to a clrun; THENCE North 13 degrees 16 minutes 16 seconds West fora distance of 55.13 feet to a clrun; THENCE North 31 degrees 46 minutes 24 seconds West for a distance of 44.67 feet to a clrun; THENCE North 16 degrees 00 minutes 37 seconds West fo~ a distance of 59.96 feet to a clrun; THENCE North 24 degrees 04 minutes 53 seconds West for a distance of 42.27 feet to an ipfl/2; THENCE North 49 degrees 59 minutes 50 seconds West for a distance of 28.66 feet to a clrun;

4268 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THENCE North 22 degrees 38 minutes 16 seconds East for a distance of 34.08 feet to a clrun; THENCE North 18 degrees 49 minutes 26 seconds West for a distance of 26.14 feet to a clrun; THENCE North 01 degrees 01 minutes 43 seconds West for a distance of 48.55 feet to a clrun; THENCE North 26 degrees 00 minutes 38 seconds West for a distance of 92.10 feet to a c1run; THENCE North 71 degrees 20 minutes 34 seconds West for a distance of 24.21 feet to a clrun; THENCE North 07 degrees 59 minutes 55 seconds West fora distance of 21.59 feet to a clrun; THENCE North 27 degrees 15 minutes42 seconds West for a distance of 42.97 feet to a clrun; THENCE North 48 degrees 31 minutes 27 seconds West for a distance of 39.83 feet to a clrun; THENCE North 36 degrees 59 minutes 56 seconds East for a distance of 19.80 feet to a clrun; THENCE North 31 degrees 11 minutes 42 seconds West for a distance of 39.47 feet to a clrun; THENCE North 07 degrees 59 minutes 15 seconds West for a distance of 52.12 feet to a clrun; THENCE North 15 degrees 46 minutes 57 seconds West for a distance of 35.31 feet to a clrun; THENCE North 39 degrees 08 minutes 39 seconds West for a distance of 40.28 feet to a clrun; THENCE North 03 degrees 16 minutes 28 seconds East for a distance of 72.10 feet to a clrun; THENCE North 26 degrees 21 minutes 00 seconds East for a distance of 34.38 feet to a c1run; THENCE North 24 degrees 56 minutes 00 seconds East for a distance of 55.40 feet to a clrun; THENCE North 14 degrees 02 minutes 26 seconds East for a distance of 67.96 feet to a clrun; THENCE North 01 degrees 33 minutes 15 seconds West for a distance of 74.01 feet to a c1run; THENCE North 36 degrees 23 minutes 55 seconds West for a distance of 27.54 feet to a clrun; THENCE North 07 degrees 54 minutes 46 seconds West for a distance of 43.11 feettoaclrun; THENCE North 04 degrees 46 minutes 40 seconds East for a distance of 49.89 feet to a clrun; THENCE North 04 degrees 21 minutes 58 seconds West for a distance of 113.77 feet to a clrun;

GEORGIA LAWS 2006 SESSION

4269

THENCE North 86 degrees 28 minutes 07 seconds East for a distance of 16.03 feet to a clrun; THENCE North 25 degrees 07 minutes 14 seconds West for a distance of 90.48 feet to a clrun&rd; THENCE North 12 degrees 06 minutes 23 seconds East fora distance of 265.62 feet to a NSRWINTER; THENCE North 20 degrees 23 minutes 54 seconds East for a distance of 80.09 feet to a point; THENCE South 71 degrees 38 minutes 02 seconds East for a distance of 79.81 feet to a NSRWINTER; THENCE South 71 degrees 59 minutes 02 seconds East for a distance of 166.35 feet to a point; THENCE South 78 degrees 20 minutes 50 seconds East for a distance of 620.76 feet to a RWMKR; THENCE South 84 degrees 42 minutes 39 seconds East for a distance of 177.71 feet to aRWMKR; THENCE South 82 degrees 51 minutes 17 seconds East for a distance of 617.66 feet to a NS@40; THENCE South 23 degrees 24 minutes 49 seconds West for a distance of 397.45 feet to a CMF6X6; THENCE South 39 degrees 56 minutes 39 seconds East for a distance of 997.13 feet to a CMF; THENCE South 38 degrees 3 1 minutes 30 seconds East for a distance of 1275.21 feet to an IPFl "; THENCE South 38 degrees 47 minutes 11 seconds East for a distance of 702.95 feet to a point; THENCE South 59 degrees 06 minutes 00 seconds East for a distance of 231.00 feet to a CMF6X6; THENCE North 52 degrees 55 minutes 53 seconds East for a distance of 637.11 feet to a point; THENCE along a curve to the left having a radius of 5280.00 feet and an arc length of 893.28 feet, being subtended by a chord of South 41 degrees 05 minutes 22 seconds East for a distance of 892.22 feet to a point; THENCE South 22 degrees 09 minutes 05 seconds West for a distance of 1136.58 feet to a R\WMKR; THENCE South 22 degrees 42 minutes 57 seconds West for a distance of 1146.17 feet to a CMF; THENCE South 83 degrees 43 minutes 36 seconds East for a distance of 490.11 feet to an axledis; THENCE North 75 degrees 42 minutes 27 seconds East for a distance of 99.03 feet to a emf; THENCE South 07 degrees 47 minutes 00 seconds East for a distance of 507.74 feet to a point;

4270 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THENCE South 07 degrees 54 minutes 38 seconds East for a distance of 820.50 feet to a point; THENCE North 74 degrees 02 minutes 00 seconds East for a distance of 201.80 feet to a point; THENCE North 07 degrees 54 minutes 45 seconds West for a distance of 416.52 feet to a point; THENCE North 86 degrees 24 minutes 09 seconds East for a distance of 61.05 feet to a point; THENCE South 61 degrees 15 minutes 00 seconds East for a distance of 59.60 feet to a point; THENCE North 60 degrees 16 minutes 00 seconds East for a distance of 124.50 feet to a point; THENCE North 48 degrees 25 minutes 00 seconds East for a distance of 121.40 feet to a point; THENCE North 20 degrees 14 minutes 30 seconds East for a distance of 131 .34 feet to a point; THENCE North 10 degrees 32 minutes 00 seconds East for a distance of 86.80 feet to a point; THENCE North 05 degrees 17 minutes 00 seconds East for a distance of 553 .20 feet to a point; THENCE North 27 degrees 10 minutes 00 seconds West for a distance of 222.10 feet to a point; THENCE North 13 degrees 14 minutes 44 seconds East for a distance of 259.11 feet to a 5/8REBAR; THENCE South 89 degrees 58 minutes 56 seconds East for a distance of 190.70 feet to a point; THENCE North 00 degrees 51 minutes 56 seconds West fora distance of 199.93 feet to a point; THENCE North 00 degrees 26 minutes 58 seconds West for a distance of 134.21 feet to a point; THENCE South 89 degrees 44 minutes 20 seconds East for a distance of 192.30 feet to a point; THENCE South 36 degrees 40 minutes 37 seconds East for a distance of 100.19 feet to a point; THENCE North 87 degrees 46 minutes 00 seconds East for a distance of 92.63 feet to a point; THENCE South 50 degrees 52 minutes 00 seconds East for a distance of 423 .88 feet to a point; THENCE South 86 degrees 57 minutes 00 seconds East for a distance of 71.22 feet to a point; THENCE South 83 degrees 24 minutes 06 seconds East for a distance of 114.43 feet to a point; THENCE South 89 degrees 13 minutes 28 seconds East for a distance of 571.07 feet to a point;

GEORGIA LAWS 2006 SESSION

4271

THENCE along a curve to the right having a radius of 1766.26 feet and an arc length of226. 76 feet, being subtended by a chord of South 17 degrees 56 minutes 01 seconds West for a distance of 226.61 feet to a point; THENCE South 23 degrees 01 minutes 53 seconds West for a distance of 889.40 feet to a point; THENCE along a curve to the left having a radius of 275.36 feet and an arc length of 285.74 feet, being subtended by a chord of South 14 degrees 48 minutes 18 seconds West for a distance of 27 3.09 feet to a point; THENCE North 74 degrees 06 minutes 02 seconds East for a distance of 710.96 feet to a point; THENCE South 15 degrees 23 minutes 53 seconds East for a distance of 606.63 feet to a point; THENCE South 15 degrees 28 minutes 44 seconds East for a distance of 228.63 feet to a RWMKR, the point of beginning. The above referenced Poythress plat is by reference expressly incorporated herein for a more complete and accurate description of said property.

TRACT NO.3 All that certain tract or parcel ofland situate, lying and being in the 34th G. M. District of Screven County, Georgia, being designated as Parcel 3, and containing 74.4 7 acres, according to a plat of survey by Warren E. Poythress, Registered Land Surveyor No. 1953, dated February 21, 2006, the same being on file in the office of the City Clerk for the City of Sylvania located at 104 South Main Street, Sylvania, Georgia 30467. Said tract is described as follows:
Beginning where the northernmost point of lands of the Screven County Industrial Dev. Auth. meet the existing city limits, and heading:
THENCE North 34 degrees 57 minutes 28 seconds West fora distance of 813.07 feet to a RWMKR; THENCE North 41 degrees 25 minutes 43 seconds West for a distance of 357.24 feet to a point; THENCE South 67 degrees 35 minutes 18 seconds West for a distance of 2042.35 feet to a NSCORFEN; THENCE North 44 degrees 49 minutes 44 seconds West for a distance of 1297.12 feet to a CMF6X6; THENCE North 75 degrees 33 minutes 40 seconds East for a distance of 1835.67 feettoanAXLE; THENCE North 58 degrees 43 minutes 03 seconds East for a distance of 266.64 feet to a CMF; THENCE North 58 degrees 55 minutes 10 seconds East for a distance of 603.03 feet to a CMF6X6; THENCE South 37 degrees 56 minutes 34 seconds East for a distance of 1340.55 feet to a cmf6x6;

4272 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THENCE North 85 degrees 37 minutes 48 seconds East for a distance of 585.35 feet to a rfwmkr; THENCE South 18 degrees 52 minutes 51 seconds West for a distance of 303 .80 feet to a point; THENCE along a curve to the left having a radius of 5280.00 feet and an arc length of 757.76 feet, being subtended by a chord of South 25 degrees 34 minutes 28 seconds West for a distance of757 .11 feet to a point known as the point of beginning. The above referenced Poythress plat is by reference expressly incorporated herein for a more complete and accurate description of said property.'
SECTION 2. This Act shall become effective on January 1, 2007.
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 2006 session of the General Assembly of Georgia a bill to amend an Act to incorporate and to grant a new charter to the City of Sylvania, approved March 1, 1963 (Ga. L. 1963, p. 2030), as amended, so as to change the corporate boundaries of such city; to provide for related matters; to provide an effective date; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jon G. Burns, who on oath deposes and says that he is the Representative from District 157 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sylvania Telephone Newspaper which is the official organ of Screven County on March 2, 2006, and that the notice requirements of Code Section 28-l-14 have been met.
sf JON G. BURNS Jon G. Burns Representative, District 157
Sworn to and subscribed before me, this 3rd day of March 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

GEORGIA LAWS 2006 SESSION
My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.

4273

STEPHENS COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; 65 YEARS OR OLDER OR DISABLED; REFERENDUM.
No. 812 (House Bill No. 1526).
AN ACT
To provide an additional homestead exemption from Stephens County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over or disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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 Stephens County, including, but not limited to, ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of Stephens County who is a senior citizen or who is disabled is granted an exemption on that person's homestead from all Stephens County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c)(l) 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

4274 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 partofand 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) of this section unless the person or person's agent files an application with the tax commissioner of Stephens 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 0 .C.G .A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such p-erson. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Stephens County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by this Act shall be in addition to and not in lieu of any other homestead exemption applicable to Stephens 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, 2007.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Stephens County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Stephens County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, 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 Stephens County. The ballot shall have written or printed thereon the words:

GEORGIA LAWS 2006 SESSION

4275

"YES ( ) Shall the Act be approved which provides an additional homestead exemption from Stephens County ad valorem taxes for county
NO ( ) purposes in the amount of$25,000.00 ofthe assessed value ofthe homestead for residents of that county who are 65 years of age or over or disabled?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become offull force and effect on January 1, 2007. Ifthe 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 Stephens 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 2006 session of the General Assembly of Georgia a bill to change the Homestead Exemption for Stephens County..
This 8th day of February, 2006.
Representative Jeanette Jamieson 22nd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who on oath deposes and says that she is the Representative from District 28 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County on February 14, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

4276 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ JEANETTE JAMIESON Jeanette Jamieson Representative, District 28
Sworn to and subscribed before me, this 1st day of March 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 5, 2006.
COBB COUNTY- STATE COURT; SOLICITOR-GENERAL; ASSISTANT SOLICITORS; COMPENSATION.
No. 816 (Senate Bill No. 470).
AN ACT
To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211 ), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3872), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211 ), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3872), is amended by striking paragraph (1) of subsection (b) of Section 2 7 and inserting in its place a new paragraph (I) to read as follows:
'(I) On the effective date of this Act, the solicitor-general of Cobb County shall receive an annual salary of $130,2 75.00 to be paid in biweekly installments from the funds of Cobb County.'
SECTION 2. Said Act is further amended by striking subsection (d) of Section 27 and inserting in its place a new subsection (d) to read as follows:

GEORGIA LAWS 2006 SESSION

4277

'(d) The solicitor-general shall have the authority to appoint the same number of assistant solicitors as the number of judges of Division I and Division II of the State Court of Cobb County and the same number of additional assistant solicitors as the number of magistrates of the Magistrate Court of Cobb County, plus three additional assistant solicitors, one ofwhom shall be the chief assistant solicitor, one of whom may be the deputy assistant solicitor, and one of whom may serve as an intake attorney at the Cobb County Adult Detention Center. The compensation of such assistant solicitors shall be determined by the solicitor-general. The compensation of the chief assistant solicitor shall not exceed $94,876.00, payable in biweekly installments from the funds of Cobb County. The compensation of the deputy assistant solicitor shall not exceed $88,530.00, payable in biweekly installments from the funds of Cobb County. The compensation ofthe third assistant solicitor shall not exceed $77,163.00 and shall be paid in the same manner as all other assistant solicitors. The solicitor-general shall prescribe the duties and assignments of said assistant solicitors and, while so employed, they shall not engage in the private practice of law.'

SECTION 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 2006 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended; and for other purposes.
This lOth day of January 2006
Representative R. Steve Tumlin, Jr. Chairman, Cobb County Delegation District 38 Georgia House of Representatives
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Wiles, who on oath deposes and says that he is the Senator from District 3 7 and further deposes and says that the attached Notice of Intention

4278 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on January 13, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHN WILES John Wiles Senator, District 37
Sworn to and subscribed before me, this 26th day of January 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
BARTOW COUNTY- BOARD OF COMMISSIONERS; CREATION; REFERENDUM.
No. 820 (House Bill No. 1481).
AN ACT
To create the Board of Commissioners of Bartow County; to provide for commissioner districts; to provide for definitions and inclusions; to provide for elections, qualifications, and terms of office; to provide for powers, duties, authority, and compensation of the chairperson and members of the board; to provide for vacancies; to provide for a county manager and the selection, compensation, powers, and duties thereof; to provide for a clerk; to provide for oaths of office and surety bonds; to provide for a vice chairperson; to provide for regular meetings, work sessions, and other meetings; to provide for formal bids for certain purchases; to provide for the appointment, removal, and compensation of employees and department heads; to provide for the preparation, submission, review, adoption, and amendment ofbudgets; to provide for expenditures ofcounty funds; to provide for audits of county finances and financial records; to provide for other related matters; to repeal an Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2006 SESSION

4279

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. As used in this Act, the term "board" means the Board ofCommissioners of Bartow County, including the chairperson and all members.

SECTION 2. (a) There is created the Board of Commissioners of Bartow County to be elected and organized as provided for in this Act. The board of commissioners shall be the successor to the Office of Commissioner of Bartow County and shall continue to have the obligations and liabilities of the commissioner of Bartow County as they existed immediately prior to January l, 2009. The board of commissioners shall constitute the governing authority of Bartow County and shall exercise the powers, duties, and responsibilities vested in and upon said officers by the provisions of this Act. (b) On and after January 1, 2009, the Board of Commissioners of Bartow County shall consist of five members all of whom shall be elected from commissioner districts described in subsection (c) of this section except for the member who is chairperson and who is elected at large as provided in subsection (c) of Section 3 ofthis Act. For purposes ofelecting members of the board of commissioners, other than the chairperson, Bartow County is divided into four commissioner districts. One member of the board shall be elected from each such district. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: bartowcc-4dre Plan Type: Local User:Shantee Administrator: 015. (c) When used in such attachment, the terms "Tract" and "BG" (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a "BG" heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Bartow 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 Bartow 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 commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia.

4280 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. (a) No person shall be a memberofthe board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office. (b) In order to be elected or appointed as a member of the board from a commissioner district, a person must have resided in that commission district for at least 12 months prior to election or appointment thereto and, if elected, must receive the number of votes cast as required by general law for that office in that district only and not at large. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant. (c) The member of the board who is chairperson of the board may reside anywhere within Bartow County and must have resided in Bartow County 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 the entire county. The chairperson must continue to reside within the county during that person's term of office or that office shall become vacant.
SECTION 4. (a) The members of the Board of Commissioners of Bartow County shall be elected as provided in this subsection. The first members from Commissioner Districts 1and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2008. Those members of the board elected thereto from Commissioner Districts 1 and 4 in 2008 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2010, and upon the election and qualification of their respective successors. The first chairperson and the first members from Commissioner Districts 2 and 3 shall be elected at the general election on the Tuesday next following the first Monday in November, 2008. The chairperson and those members of the board elected thereto from Commissioner Districts 2 and 3 in 2008 shall take office the first day of January immediately following that election and shall serve for initial terms bf office which expire December 31, 2012, and upon the election and qualification of their respective successors. Those and all future successors to the chairperson and to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms ofoffice of four years each. The chairperson and the members of the board shall serve for the terms ofoffice specified therefor in this subsection and until their respective successors are elected and qualified.

GEORGIA LAWS 2006 SESSION

4281

(b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C .G.A., the "Georgia Election Code."

SECTION 5. (a) A vacancy shall exist if the chairperson or any member of the board resigns; dies; moves, in the case of a district commissioner, from his or her district; moves his or her residence from the county; or is convicted of malfeasance in office, a felony, or any violation of election laws. (b) Any vacancy in office upon the board which occurs for any reason other than expiration of term shall be filled by special election. When a vacancy occurs in the office of a chairperson or any member of the board, it shall be the duty of the election superintendent to call a special election to elect a successor and fill the vacancy at the first available date under Code Section 21-2-540 of the O.C.G.A. which is not more than 120 days from the date the vacancy occurred. The election shall be held as provided by Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," and the cost of the election shall be defrayed by the county. In the event 120 days or less remain in the unexpired term of office, the vacancy shall not be filled. (c) Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the results of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder of the unexpired term. (d) A vice chairperson serving as chairperson shall not be authorized to vote as a member of the board of commissioners during such service unless the vice chairpersons vote would affect the outcome of any vote or issue before the board.

SECTION 6. Before entering upon the discharge of their duties, the chairperson and commissioners shall subscribe an oath before the judge of the probate court of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairperson and each commissioner shall further give a satisfactory surety bond to the judge of the probate court of the county and payable to the judge of the probate court or that judge's successor in office and filed in the office of the judge of the probate court in the sum of $10,000.00, conditioned upon the faithful performance of the duties of the office. The costs of said bonds shall be paid out of the county treasury.

SECTION 7. (a) Commissioners, other than the chairperson, shall serve on a part-time basis and be paid a salary of$1,000.00 per month. Such compensation shall be paid in equal

4282 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
monthly installments from the funds of Bartow County. Each such commissioner shall also receive reimbursement for actual and necessary expenses incurred for travel in the performance of his or her duties which has been approved in advance, in writing, by the chairperson upon presentation of a signed voucher setting forth the expenses anticipated for such travel. Reimbursement will be made upon presentation to and approval by the board of a signed voucher with receipts attached setting forth the expenses incurred in such travel. (b) The chairperson shall serve in such capacity on a part-time basis and shall be paid a salary of $1,500.00 per month. Such compensation shall be paid in equal monthly installments from the funds of Bartow County. The chairperson shall also receive reimbursement for actual and necessary expenses incurred for travel in the performance of his or her duties upon presentation to and approval by the board of a signed voucher with receipts attached setting forth the expenses incurred in such travel.
SECTION 8. At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the authority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board of commissioners in the absence of the chairperson and shall serve for the calendar year in which elected. When the vice chairperson presides at a meeting, he or she shall be entitled to vote on a question only if the vote would affect the outcome of a vote or an issue before the board. In the event of a vacancy in the office of vice chairperson, the board of commissioners shall elect a new vice chairperson to serve for the remainder of the calendar year.
SECTION 9. The board of commissioners shall hold a minimum of two regular meetings and one work session each month at the county seat, which meeting shall be open to the public. The time, date, and place of the meetings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the date, time, and place of its monthly meetings shall be published in the official county organ and the official Bartow County government website once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commissioners may hold such additional meetings as shall be necessary when called by the chairperson or any three commissioners, provided that all members of the board of commissioners shall have been notified of such special meeting which is open to the public. Any three commissioners or the chairperson and any two commissioners shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairperson shall be

GEORGIA LAWS 2006 SESSION

4283

entitled to vote on a question only if the chairperson's vote would affect the outcome of any vote or issue before the board. All regular and called meetings shall be conducted according to Rober(s Rules of Order.

SECTION 10. The chairperson shall preside over the meetings of the board of commissioners. The duties of the chairperson shall include, but shall not be limited to, the following:
(1) Calling meetings of the board as provided in Section 9 of this Act; (2) Setting or fixing the agenda for all meetings of the board; (3) Presiding at meetings of the board; (4) Representing the county government at ceremonial functions; (5) Being empowered to submit motions to the board of commissioners for action; (6) Appointing members and chairpersons to all committees of the board with the approval of the board of commissioners; and (7) Performing such other duties as shall be delegated to the chairperson by the board of commissioners or as provided by law or ordinance.

SECTION 11. The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction. Such policies, rules, and regulations, when so adopted with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding. The board of commissioners shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. The following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction:
(1) To levy taxes; (2) To fix fees; (3) To make appropriations; (4) To fix rates and charges for services provided by the county; (5) To authorize the incurring of indebtedness; (6) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (7) To authorize and provide for the execution of contracts; (8) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; (9) To accept for the county the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To exercise all powers, duties, and authority in respect to zoning and planning;

4284 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where such bonds are not fixed by statute; (13) To enact any ordinance or other legislation which the county may be given authority to enact. No ordinance, except in the case of an emergency which shall be stated in the ordinance, shall be approved until it shall have been read at two consecutive commission meetings not less than seven days apart; (14) To determine the priority of capital improvements; ( 15) To call elections for the voting of bonds; ( 16) Except as otherwise provided in this Act, to exercise all of the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; ( 17) To appoint retained legal counsel and an independent county auditor and provide for their compensation; ( 18) To hire a county manager and provide for his or her compensation; and ( 19) To hire a county clerk and provide for his or her compensation.
SECTION 12. Formal sealed bids shall be received for all purchases in amounts set by the board. Advertisements for such bids shall be published for two consecutive weeks in the official organ of Bartow County and the official Bartow County government website. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay. Notice of such emergency expenditures shall be published in the official organ of Bartow County and the official Bartow County government website within two weeks ofthe expenditure.
SECTION 13. The internal organization ofthe county government shall be established and altered by the board of commissioners. Existing departments may be abolished and their function transferred to other departments, additional departments may be created, and any two or more departments may be consolidated.
SECTION 14. The board of commissioners shall employ a county manager having at least a bachelor's degree in public administration or a related field and at least four years' experience in county or city management. At the time of his or her appointment, the county manager need not be a resident of the county, but shall reside therein during his or her tenure of office. The county manager shall serve at the pleasure of the board of commissioners, shall receive such salary as determined by the board of commissioners, shall not be an elected official of any county or municipality, and shall have the following duties, powers, and authority:

GEORGIA LAWS 2006 SESSION

4285

( 1) To supervise the administration of the affairs of the county and to see that the ordinances, resolutions, and regulations of the board of commissioners and the laws of the state are faithfully executed and enforced; (2) To employ and remove all department heads of the county under the jurisdiction of the board of commissioners and staff employees of the county manager pursuant to policies established by the board, except for the county attorney, county auditor, county clerk, deputy county clerk, and members of all the boards, commissions, and authorities who shall be appointed and removed by the board of commissioners pursuant to law or county ordinance; (3) To exercise managerial authority and supervision over the county manager's staff and all department heads under the jurisdiction of the board of commissioners; (4) To require reports from heads of departments and other employees entrusted with administrative duties or exercising discretion. The county manager shall have at all times the authority to examine all books and records of every officer and department of the county under the jurisdiction of the board of commissioners; (5) To attend all meetings ofthe board of commissioners with a right to take part in the discussions, but having no vote; and to prepare a proposed itinerary of the agenda for each meeting; (6) To recommend to the board ofcommissioners for adoption such measures as the county manager may deem necessary or expedient; (7) To supervise the performance of all contracts made by any person, company, or corporation with the county for work done for the board of commissioners; (8) To submit to the board of commissioners for approval, prior to July 31 of each year, a proposed operating budget for the next fiscal year showing budget revenues and expenditures during the preceding fiscal year; appropriations and estimated revenue and recommended expenditures for the next fiscal year; recommended tax levies; and such other information and data as may be considered necessary by the board of commissioners; (9) To keep the board of commissioners fully advised as to the financial condition and needs of the county; (10) To make or cause to be made a full written report to the board of commissioners each month showing the operations and expenditures of each department of the county government for the preceding month; (11) To delegate purely administrative duties to department heads or subordinates in the county government whose work the county manager shall supervise and direct; provided, however, that the delegation or assignment of duties to subordinates shall not relieve the county manager from responsibility for administration of such position; (12) To perform such other duties as may be prescribed by this Act or as may, from time to time, be required by the board of commissioners; and (13) To cooperate with elected and appointed county officers in management of the county's affairs.

4286 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 15. The clerk of the board of commissioners shall keep a proper and accurate book of minutes. The book of minutes of the board of commissioners shall contain all the acts, orders, and proceedings of the board of commissioners in chronological order. The minutes book of the board of commissioners shall be open to the public for inspection at all times during regular office hours; and certified copies of any entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as are other funds, to be assessed by the board of commissioners in an amount sufficient to defray the cost of preparing same.
SECTION 16. (a) The board will comply with Chapter 81 of Title 36 of the O.C.G .A., relating to local government budgets and audits, as well as the provisions of this section. (b) At the time the proposed budget is submitted to the board, the county manager shall cause to be published in the official organ of Bartow County and the official Bartow County government website a copy of the proposed budget along with the public notices required by subsection (e) of Code Section 36-81-5 of the O.C.G .A. It shall be the duty of the board to hold a meeting at the time and place specified in the notice for the purpose of conducting such public hearing. The board shall review the proposed budget at such public hearing and may adopt the same as submitted by the county manager or make such amendments thereto as the board may deem necessary to maintain the county in sound financial condition. The board may continue the hearing on the proposed budget from time to time, but the time of and the place where the hearing is continued shall be publicly announced at the previous hearing. The board shall adopt the proposed budget as submitted or as amended by the board as the budget for the county for the following fiscal year to which it applies. (c) The final budget adopted by the board shall constitute the board's appropriation of all funds for the fiscal year covered by the budget. The budget may be amended during the fiscal year which it covers upon the boards taking formal action for such purpose at a regular meeting of the board. Prior to taking such action, the board shall cause to be published in the official organ of Bartow County and the official Bartow County government website a notice setting forth the proposed changes in the budget and a summary of the reasons therefor. Said notice shall also state the time and place of the regular meeting of the board at which action to amend the budget is to be taken. Said notice shall be published at least ten days prior to the date of the meeting. No increase in appropriation shall be made without provision also being made to finance such increase. (d) A copy of the final budget adopted by the board and any amendment to or revision of the budget shall be transmitted by the county manager to the grand jury of the Superior Court of Bartow County then in session.

GEORGIA LAWS 2006 SESSION

4287

SECTION 17. No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The county manager shall enforce compliance with this provision by all departments of county government and to this end shall institute a system of allotments of all moneys appropriated and budgeted.

SECTION 18. The board of commissioners shall employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. Each annual report submitted to the board of commissioners shall be made available for public inspection as are other records in such office. The board of commissioners shall cause to be published in the official organ of Bartow County and the official Bartow County government website and to be posted at the courthouse door a statement of the financial condition of the county as of December 31 of each year. The accountant shall transmit to the grand jury of the Superior Court ofBartow County a copy of each annual report furnished by the accountant to the board of commissioners.

SECTION 19. The sole commissioner of Bartow County elected in 2004, or any person selected to fill a vacancy in such office, shall continue to serve as such sole commissioner until the regular expiration of the term of office on December 31, 2008. No successor to the sole commissioner shall be elected in 2008 or thereafter. An Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended, is repealed in its entirety on January 1, 2009.

SECTION 20. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bartow County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Bartow County for approval or rejection. The election superintendent shall conduct that election on the date ofthe November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bartow County. The ballot shall have written or printed thereon the words:

4288 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"YES ( ) Shall the Act be approved which provides that the governing authority of Bartow County be changed from a sole commissioner
NO ( ) form of government to a five-member board of commissioners to be composed of a chairperson and four additional district commissioners, with compensation for each and a county manager to be employed by the board of commissioners?"
All persons desiring to vote for approval of the 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, then those provisions of this Act necessary for the qualification and election of the members of the Board of Commissioners of Bartow County shall become effective on January 1, 2008, and this Act shall become effective for all other purposes on January 1, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Bartow County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 21. Except as otherwise provided in Section 20 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 22. The governing authority of Bartow 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 23. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: bartowcc-4dre Plan Type: Local User: Shantee Administrator: 015
Redistricting Plan Components Report
District 001 Bartow County
Tract: 9601 BG: 3 3085 Tract: 9604

GEORGIA LAWS 2006 SESSION

4289

BG: 1 1016 1017 1019 1021 1022 1029 1030 1031 1032 1033 10341035 1036 1037 1038 1039 1040 1041 1042 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1059 1060 1061 1062 BG: 2 2006 2009 2011 2023 2024 2035 2036 2039 2040 2042 2043 2044 2045 2046 2047 2048 2049 2052 2053 2054 2059 2063 2068 2069 2070 2071 2072 2076 2077 2080 2081 2082 2084 2085 2086 2087 2088 2089 2090 2091 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2112 2113 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2137 2138 2139 BG: 5 5010 5012 5013 5014 5015 5019 5022 5023 5027 5028 5029 5030 5031 5032 5033 Tract: 9605 BG: 1 BG: 2 BG: 3 3000 3030 BG:4 4014 4015 4016 4017 4018 4019 4020 4022 4023 4024 4025 4026 4027 Tract: 9606 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 10221023 1024 1025 1030 1031 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 BG: 2 BG: 3 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4030 4031 4032 4033 4034 BG: 5 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6034 6035 6036 6037 6038 6992 6994 6995 6996 6997 6998 6999 Tract: 9607 BG: 1

4290 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1023 1036 1037 1038 1039 1040 1042 1043 1044 1045 1046 1047 1048 1049 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 I069 I070 I07I I990 I99I I992 I993 I994 I995 I996 BG: 2 2000 200I 2002 2004 2005 2006 2009 20I2 20I3 20I4 20I5 20I6 20 I7 20 I8 20 I9 2020 202I 2022 2023 2024 2025 2026 2027 2028 2029 2030 203I 2032 2033 2034 2035 2036 2037 2038 2039 2040 204I 2042 2043 2045 BG: 3 300I 3002 3003 3006 3007 3008 3009 30II 30I2 30I3 30I4 30I5 30 I6 30 I7 30I8 3019 3020 302I 3022 3023 3024 3025 3026 3027 3028 3029 3030 303I 3032 3033 3034 3035 3036 BG:4 BG: 5 Tract: 9608.03 BG: 3 30I2 30I3 30I4 3023 3068 3069 3070 3998 Tract: 9609 BG: I I005 I006 I007 I008 I009 IOI3 IOI4 IOI7 IOI8 I02I I023 I024 I025 I028 I030 I03I I032 I034 I035 BG: 2 2000 2001 2002 2008 2030 203I 2032 2033 2034 2035 2036 203 7 2038 2039 2040 2042 2044 2997 2998 2999 BG: 3 3000 3002 3003 3004 3007 3008 3009 30 I0 30II 30 I8 30I9 3032 3062 3995 3997 3999
District 002 Bartow County
Tract: 960I BG: I 1000 IOOI I002 I003 1004 I005 I006 I007 I008 I009 IOIO IOI1 IOI2 IOI3 IOI4 IOI5 I035 I036 I037 I038 I039 I040 104I I042 I043 I044 1045 I046 I047 I048 I049 I050 I05I I052 I053 I054 I055 I056 I057 I058 I059 I060 I06I I062 I063 I064 I065 I066 I067 I068 I069 I070 I07I I072 I073 I074 1075 I076 1077 I078 I079 1080 108I I082 1083 I084 1085 1086 I087 1093 I094 1095 I096 1097 1098 I099 1100 II01 1102 I103 1104 1I05 I106 II07 I108 II09 11IO Ill I 1I12 II13 1I14 11I5 1116 1I17 I1I8 BG: 2 2000 200I 2002 2003 2004 20IO 201I 2012 20I3 20I4 20I9 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036

GEORGIA LAWS 2006 SESSION

4291

2037 2038 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3086 3087 3088 3089 3090 3091 3092 3093 3094 3998 3999 Tract: 9604 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1018 1020 1023 1024 1025 1026 1027 1028 1043 1058 BG: 2 2000 2001 2002 2003 2004 2005 2007 2008 2010 2012 2013 2014 2015 2016 2020 2021 2022 2025 2037 2038 2041 2050 2051 2055 2056 2057 2058 2060 2061 2062 2064 2065 2066 2067 2073 2074 2075 2078 2079 2083 2092 2093 2094 2095 2096 2111 2114 2133 2134 2135 2136 2999 Tract: 9607 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1041 1050 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1997 1998 1999 BG: 2 2003 2007 2008 2010 2011 2044 BG: 3 3000 3004 3005 3010 Tract: 9608.01 Tract: 9608.02 Tract: 9608.03 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2999 BG: 3 3000 3001 3005 3006 3007 3008 3009 3032 3033 3034 3035 3036

4292 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3999
District 003 Bartow County
Tract: 9603 BG: 1 101110121013 10141015 1016101710181019102010221023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 10341035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1998 1999 BG: 2 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2997 2998 2999 Tract: 9605 BG: 3 3008 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4021 Tract: 9606 BG: 1 1026 1027 1028 1029 1032 1033 1034 BG: 4 4029 BG: 6 6015 6016 6031 6032 6033 6993 Tract: 9608.03 BG: 2 2010 2011 2012 2013 2014 BG: 3 3002 3003 3004 3010 3011 3015 3016 3017 3018 3019 3020 3021 3022 3024 3025 3026 3027 3028 3029 3030 3031 3071 3072 3997 Tract: 9609 BG: 1 1000 1001 1002 1003 1004 1010 1011 1012 1015 1016 1019 1020 1022 1026 1027 1029 1033 1036 1037 BG: 2

GEORGIA LAWS 2006 SESSION

4293

2003 2004 2005 2006 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2041 2043 2045 2046 2047 2048 2049 2050 2051 2052 2053 2991 2992 2993 2994 2995 2996 BG: 3 3001 3005 3006 3012 3013 3014 3015 3016 3017 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3994 3996 3998 Tract: 9610

District 004 Bartow County
Tract: 9601 BG: 1 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 10261027 1028 1029 1030 1031 1032 1033 1034 1088 1089 1090 1091 1092 BG: 2 2005 2006 2007 2008 2009 2015 2016 2017 2018 2020 2021 2022 202320392040204120422043204420452046204720482049 2050 2051 2052 Tract: 9602 Tract: 9603 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1021 1054 1055 1056 1057 1058 1059 1060 1061 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2068 Tract: 9604 BG: 2 2017 2018 2019 2026 2027 2028 2029 2030 2031 2032 2033 2034 BG: 3 BG:4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 50ll 5016 5017 5018 5020 5021 5024 5025 5026 5034 Tract: 9605 BG: 3 3001 3002 3003 3004 3005 3006 3007 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 BG:4 4000 4001

4294 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to create the Board of Commissioners of Bartow County; to provide for commissioner districts; to provide for definitions and inclusions; to provide for elections, qualifications, and terms of office; to provide for powers, duties, authority, and compensation of the chairpersons and members of the board; to provide for vacancies; to provide for a county manager and the selection, compensation, powers, and duties thereof; to provide for a clerk; to provide for oaths of office and surety bonds; to provide for a vice chairperson; to provide for regular meetings, work sessions, and other meetings; to provide for formal bids for certain purchases; to provide for he appointment, removal, and compensation of employees and department heads; to provide for the preparations, submission, review, adoptions, and amendment of budgets; to provide for expenditures of county funds; to provide for audits of county finances and financial records; to provide for other related matters; to appeal an Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for effective dates and automatic repeal; and for other purposes.
This 17th day of February, 2006.
(s) Jeff Lewis
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Lewis, who on oath deposes and says that he is the Representative from District 15 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Tribune News which is the official organ of Bartow County on February 20,2006, and that the notice requirements of Code Section 28-l-14 have been met.
s/ JEFF LEWIS Jeff Lewis Representative, District 15
Sworn to and subscribed before me, this 28th day of February 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

GEORGIA LAWS 2006 SESSION
My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

4295

OCONEE COUNTY- BOARD OF EDUCATION; TERMS; REFERENDUM.
No. 821 (House Bill No. 1480).
AN ACT
To provide for terms for the members of the Board of Education of Oconee County; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. At the election in November, 2008 the members of the Board of Education of Oconee County shall be elected as provided in this Act. Those members elected from Posts 1, 4, and 5 shall be elected for terms of four years and until their successors are duly elected and qualified. Those members elected from Posts 2 and 3 shall be elected for terms of two years and until their successors are duly elected and qualified. Their successors shall be elected for terms of four years. All members shall take office on January 1 of the year following their election.
SECTION 2. The election superintendent of Oconee County shall cause the questions provided in this section to be placed on the ballots provided to the electors of the Oconee County School District, on the date of the 2006 state-wide general election. The ballot shall have written or printed thereon the words:
"YES ( ) Shall that Act be approved which provides that the members of the Board of Education of Oconee County shall be elected to serve
NO ( ) staggered four-year terms?" All persons desiring to vote for approval ofthe Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2007. 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 Oconee County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

4296 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 2006 Session of the General Assembly of Georgia a Bill to provide for terms for the Members of the Board of Education of Oconee County; to provide for a referendum; to repeal conflicting laws; and for other purposes.
This 6th day of February, 2006.
Is/ Christine Franklin, Chairperson OCONEE COUNTY BOARD OF EDUCATION
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Smith, who on oath deposes and says that he is the Representative from District 113 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Oconee Enterprise which is the official organ of Oconee County on February 9, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/BOB SMITH Bob Smith Representative, District 113
Sworn to and subscribed before me, this 13th day of February 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

GEORGIA LAWS 2006 SESSION

4297

CITY OF RINCON-MAYOR AND COUNCIL; QUORUM; CONFLICTS OF INTEREST; DUTIES OF MAYOR; MUNICIPAL COURT; JURISDICTION; APPEALS; CITY BOARDS, COMMISSIONS, AND AUTHORITIES.

No. 822 (House Bill No. 1479).

AN ACT

To amend an Act to provide a new charter for the City of Rincon, approved Apri14, 1997 (Ga. L. 1997, p. 355 6), as amended, so as to provide for conflicts of interest; to provide for a quorum; to provide for powers and duties of the mayor; to provide for jurisdiction of the municipal court; to provide for appeals; to repeal provisions relating to the removal of officers; to provide for city boards, commissions, and authorities; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the City of Rincon, approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, is amended by striking in its entirety paragraph (4) of subsection (a) of Section 2.14 and inserting in lieu thereof the following:
'(a)(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to such official, officer, or employee's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body 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 such campaign; and provided, further, that an elected official may receive a valuable gift, the value of which may not exceed $100.00 per quarter of a calendar year nor exceed $250.00 per calendar year; and provided, further, that the same valuable gift must be offered to all council members; and in the event an elected official wishes to accept a gift exceeding these guidelines, then the elected official must obtain a waiver approved by a majority vote of the city council; or'

SECTION 2. Said Act is further amended by striking in its entirety subsection (a) of Section 2.21 and inserting in lieu thereof the following:
'(a) Four of the council members shall constitute a quorum, which shall not include the mayo.r, and shall be authorized to transact business of the mayor and council. Voting on the adoption of ordinances shall be by a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this

4298 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
charter, the affirmative vote offour council members (including the mayor's vote in the case of a tie) shall be required for the adoption of any ordinance. Further, except as otherwise provided in this charter, the affirmative vote of a majority of the quorum present (including the mayor's vote in the case of a tie) shall be required for the adoption of any resolution or motion. The mayor shall be empowered to vote in case of a tie vote between the council members in order to break the tie.'
SECTION 3. Said Act is further amended by striking in its entirety Section 2.33 and inserting in lieu thereof the following:
'SECTION 2.33. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the mayor and council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and shall be the official spokesman for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (5) Vote to break any tie vote which may occur between the council members related to the adoption of any ordinance, resolution, or motion.'
SECTION 4. Said Act is further amended by striking in its entirety Section 3.11 and inserting in lieu thereof the following:
'SECTION 3.11. City boards, city commissions, and city authorities.
(a) The mayor and council shall create by ordinance such city boards, city commissions, and city 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 city boards, city commissions, and city authorities shall be appointed by the mayor and 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.

GEORGIA LAWS 2006 SESSION

4299

(c) The mayor and council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any city board, city commission, or city authority. (d) Except as otherwise provided by charter or by law, no member of any city board, city commission, or city authority shall hold any elective office in the city. (e) Any vacancy on a city board, city commission, or city authority shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a city board, city commission, or city authority shall assume office until such member has executed and filed with the clerk of the city an oath obligating that member to faithfully and impartially perform the duties of office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a city board, city commission, or city authority may be removed from office for cause by a vote of five members of the mayor and council. (h) Except as otherwise provided by this charter or by law, each city board, city commission, or city authority 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 city board, city commission, or city authority or the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.'

SECTION 5. Said Act is further amended by striking subsection (b) of Section 4.13 and inserting in lieu thereof the following:
'(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $600.00, 20 days in jail, or both $600.00 and 20 days in jail.'

SECTION 6. Said Act is further amended by striking in its entirety Section 4.14 and inserting in lieu thereof the following:

'SECTION 4.14. Appeal.

(a) A review on a decision of the municipal court, in the case of traffic violations, may be by direct appeal to the State Court of Effingham County, Georgia, and any bond as may be required to secure the costs of appeal to the State Court of Effingham County from the municipal court shall lie as prescribed by law. An appeal to the state court shall not be a de novo proceeding.

4300 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The right to appeal from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such appeal shall be obtained under the sanction of a judge of the State Court of Effingham County under the laws of the State of Georgia regulating the appealing of a case from the Magistrate Court of Effingham County.'
SECTION 7. Said Act is further amended by striking in its entirety Section 5.16.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Rincon, approved April4, 1997 (Ga. L. 1997, p. 355 6), as amended, so as to provide for conflicts of interest; to provide for a quorum; to provide for powers and duties of the mayor; to provide for jurisdiction of the municipal court; to provide for appeals; to repeal provisions relating to the removal of officers; to provide for city bonds, commissioners, and authorities, and for other purposes.
This 21st day of February, 2006.
Representative Earl Carter !59th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl L. Carter, who on oath deposes and says that he is the Representative from District 159 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 21, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ EARL L. CARTER Earl L. Carter Representative, District 159

GEORGIA LAWS 2006 SESSION
Sworn to and subscribed before me, this 21st day of February, 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

4301

CITY OF DEMOREST- NEW CHARTER.
No. 823 (House Bill No. 1478).
AN ACT
To provide a new charter for the City of Demorest; 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 city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal an Act granting a new charter to the City of Demorest, approved August 15, 1917 (Ga. L. 1917, p. 656), as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4302 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
The City of Demorest, Georgia, in Habersham, County, Georgia, is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name and style the City of Demorest, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of the city shall be those existing immediately prior to the effective date of this Act with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: "Official Map ofthe corporate limits ofthe City ofDemorest, Georgia." Photographic or other copies of such map certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map. Any subsequent annexation, deannexation, or modification in the corporate boundaries as contemplated in subsection (b) ofthis section shall be given full force and effect as if fully set forth in the "Official Map of the corporate limits of the City of Demorest." (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as

GEORGIA LAWS 2006 SESSION

4303

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

4304 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons givenj ail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; ( 15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To de fine 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;

GEORGIA LAWS 2006 SESSION

4305

(23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, public grounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, other public utilities, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits ofthe city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions 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 Pub lie Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights ofway throughout the streets and roads and over the bridges

4306 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection ofglass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (3 7) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the num her of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal

GEORGIA LAWS 2006 SESSION

4307

governments under other laws ofthe State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.13. Exercise of powers.

All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

SECTION 1.14 Powers relating to the sale or lease of property.

(a) Except as otherwise provided in this charter or general state law, the council, when disposing of any real or personal property of the city shall make all such sales to the highest responsible bidder either by sealed bids or by auction after due notice has been given. The city shall have the right to reject any and all bids or to cancel any proposed sale. The council shall cause notice to be published once in the official legal organ of Habersham County or in a newspaper of general circulation in the community not less than 15 days nor more than 60 days preceding the day of the auction, or ifthe sale is by sealed bids, preceding the last day for the receipt of proposals. Such legal notice shall include a general description of the property to be sold if such property is personal property or a legal description of the property to be sold if such property is real property. If such sale is by sealed bids, such notice shall also contain an invitation for proposals, shall state the conditions of the proposed sale, shall state the address at which bid blanks and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of bids. If such sale is by auction, such notice shall also contain the conditions of the proposed sale and shall state the date, time, and place of the proposed sale. Bids received in connection with a sale by sealed bidding shall be opened in public at the time and place stated in the legal notice. A tabulation of all bids received shall be available for public inspection following the opening of all bids. All such bids shall be retained and kept available for public inspection for a period of not less than 60 days from the date such bids are opened. (b) Notwithstanding the foregoing provisions of this section, the council is authorized to sell any lots from a municipal cemetery or personal property belonging to the city with an estimated value of $500.00 or less without regard to the foregoing provisions of this section. Such sales may be made in the open market without advertisement and without the acceptance ofbids. The estimation of the value of any personal property to be sold shall be in the sole and absolute

4308 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
discretion of the council or its designated agent; provided, however, nothing herein shall prevent the council from trading or swapping property with another property owner, if said trade or swap is deemed to be in the best interest of the municipality. (c) The foregoing provisions of this section shall not apply to the disposal of property which is acquired by deed or gift, will, or donation or property which is received from the United States government or the State of Georgia pursuant to a program which imposed conditions on the disposal of such property; or which is disposed of pursuant to the powers granted in Chapter 61 of Title 36 of the O.C.G.A., the "Urban Redevelopment Law," or a homesteading program; or which is sold or transferred to another governing authority or government agency for public purposes. (d) No real property of the city shall be sold or any bid accepted for the sale thereof unless the amount offered for such property shall at least equal one-half of the last assessed value of said real property for tax purposes; provided, however, that ifthe council shall unanimously agree to sell such real property for a lesser amount than one-half of such assessed value, the same may be done. (e) The governing authority of the city is authorized to sell real property in established municipal industrial parks or in municipally designated industrial development areas for industrial development purposes.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter.
SECTION 2.11. City councilmembers; terms and qualifications for office.
The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of members of the city council; each councilmember shall continue to reside therein during that person's period of service and to be registered and qualified to vote in municipal elections ofthis city.

GEORGIA LAWS 2006 SESSION

4309

SECTION 2.12. Council posts, elections, and terms of office.

(a) Each councilmember and the mayor shall be elected at large. (b) Councilmembers shall be designated by posts. The respective councilmembers elected at the municipal election held in 2003 shall be designated as representing Posts 1 and 2, with the candidate having received the highest number of votes representing Post 1 and the candidate receiving the next highest number of votes representing Post 2. The first election for Posts 1 and 2 under this new charter shall be held at the regular municipal election in the year 2007 and every four years at every alternate municipal election thereafter. The respective councilmembers elected at the municipal election held in 2005 shall be representing Posts 3 and 4, with the candidate having received the highest number of votes representing Post 3 and the candidate receiving the next highest number of votes representing Post 4. The first election for the mayor and for Posts 3 and 4 under this new charter shall be held at the regular municipal election in the year 2009 and every four years at every other municipal election thereafter. Terms of office for those officers shall begin at the first organizational meeting provided for under Section 2.18 of this charter immediately following those officers' respective elections. (c) Candidates for election to the office-of mayor shall so designate and qualify. Candidates for Posts 1 through 4 shall not qualify or designate for specific posts but shall continue to qualify, run for office, and be elected by plurality vote in the same manner as under the city's previous charter.

SECTION 2.13. Vacancy; filling of vacancies.

(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in Section 5.12 of this charter.

SECTION 2.14. Compensation and expenses.

The mayor and each councilmember shall continue to receive the compensation which was in effect for said officials on the effective date of this charter. Changes in such compensation shall be accomplished pursuant to the provisions of Code Section 36-35-4 of the O.C.G .A.

4310 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.15. Conflicts of interest; holding other offices.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest- No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
( 1) Engage in any business or transaction or have a financial or other personal interest, director indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 ofthe O.C.G.A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (c) Disclosure- Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity.

GEORGIA LAWS 2006 SESSION

4311

(d) Use of public property- No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable- Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Ineligibility of elected official- Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected. (g) Political activities ofcertain officers and employees- No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the city council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation-
( 1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit that person's office or position as described in paragraph ( 1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.16. Inquiries and investigations.

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

4312 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.17. General power and authority of the city council.
Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city.
SECTION 2.18. Organizational meetings.
The city council shall hold an organizational meeting on the first business day of January. 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 that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America."
SECTION 2.19. Meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor and two councilmembers or three councilmembers. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 2.20. Rules ofprocedure.
The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter.

GEORGIA LAWS 2006 SESSION

4313

SECTION 2.21. Quorum; voting.

Three councilmembers or two councilmembers and the mayor shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the minutes but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the minutes. Except as otherwise provided in this charter, the affirmative vote of three councilmembers or the mayor and two councilmembers shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall vote on matters before the council only in cases where there is a tie vote of the other councilmembers.

SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain any subject which is not expressed in its title. The enacting clause shall be "The mayor and council of the City of Demorest hereby ordain ... " 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, that an ordinance shall not be adopted the same day it is introduced except for emergency ordinances provided for in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor and two councilmembers or ofthree councilmembers and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money

4314 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers or the mayor and two councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
SECTION 2.25. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 ofthis charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code oftechnical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of

GEORGIA LAWS 2006 SESSION

4315

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

SECTION 2.27. Election of mayor; forfeiture; compensation.

The mayor shall be elected and shall serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of the mayor's service. The compensation of the mayor shall be established in the same manner as for councilmembers.

SECTION 2.28. Mayor pro tempore.

During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council, or in such person's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.15 of this charter.

SECTION 2.29. Powers and duties of mayor.

(a) The mayor shall: (l) Preside at all meetings of the city council;

4316 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesman for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign, with the attestation of the city clerk, as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council in case ofa tie and be counted toward a quorum as any other councilmember; and (6) Fulfill such other duties as the city council shall by ordinance establish. (b) The mayor shall annually appoint a councilmember to oversee each of the city's departments.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that directors department or agency. (e) All appointed officers and directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance.
SECTION 3.11. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function

GEORGIA LAWS 2006 SESSION

4317

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 councilmembers 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 pre scribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office, such oath shall be prescribed by ordinance and administered by the mayor. (g) All members of boards, commissions, or authorities of the city serve at will and may be removed at any time by a vote of not less than three councilmembers unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.

SECTION 3.12. City attorney.

The councilmem bers shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the mayor and councilmembers 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.

4318 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.13. City clerk.
The councilmembers shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council. The city clerk's duties and responsibilities may be further defined or provided by a class specification or job description and shall include any other duties that may be assigned by the city manager.
SECTION 3.14. City treasurer; financial officer.
The councilmembers shall appoint a city treasurer who shall be the financial officer of the city and who shall collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer.
SECTION 3.15. City auditor.
The councilmembers may appoint a city auditor to perform the duties ofan auditor.
SECTION 3.16. City manager.
(a) The councilmembers shall appoint a city manager who shall be the chief administrative officer of the city and manage and direct the daily operations of the city government in accordance with local ordinances, bylaws, and with policies prescribed by the city council and shall have such authority, responsibilities, and duties as may be designated by the city council from time to time. (b) The councilmembers may, in its discretion, combine the positions ofcity clerk, city treasurer, and city manager, or one or more of them, into one position. (c) The city manager shall serve at the pleasure of the councilmembers and may be suspended or removed by a vote of three councilmembers or two councilmembers and the mayor.
SECTION 3.17.
RESERVED.

GEORGIA LAWS 2006 SESSION

4319

SECTION 3.18. Personnel policies.

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

ARTICLE IV JUDICIAL BRANCH

SECTION 4.10. Creation; name.

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

SECTION 4.11. 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 of 21 years and shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes ofthe city council journal required in Section 2.19 of this charter.

4320 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking ofprisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance ofpersons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu 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.

GEORGIA LAWS 2006 SESSION

4321

(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

SECTION 4.14. Certiorari.

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

SECTION 4.15. Rules for court.

With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.

ARTICLE V ELECTIONS AND REMOVAL

SECTION 5.10. Nonpartisan elections.

Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.

SECTION 5.11. Municipal general elections.

(a) There shall be a municipal general election biennially in the odd-numbered years on the Tuesday next following the first Monday in November. (b) Those persons serving as councilmembers and mayor on the date this charter becomes effective in 2006, and any person selected to fill a vacancy in such office, shall continue to serve out their terms of office and until their respective successors are elected and qualified. Successors to those persons serving as councilmembers

4322 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and mayor on and after the date this charter becomes effective shall be elected as otherwise specified in Section 2.12 of this charter.
SECTION 5.12. Special elections; vacancies.
In the event that the office ofmayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within six months ofthe expiration of the term of that office, such office shall remain vacant until filled at the municipal general election occurring within those six months. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 5.13. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.11. Millage rate; due dates; payment methods.
The city council by ordinance shall establish a millage rate for the city property taxes, 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.

GEORGIA LAWS 2006 SESSION

4323

SECTION 6.12. Occupation and business taxes.

The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.17 of this charter.

SECTION 6.13. Fees; permits.

(a) The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.17 of this charter. (b) The city council may levy impact fees in accordance with Georgia law.

SECTION 6.14. Franchises.

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

4324 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.17 of this charter.
SECTION 6.16. Construction; other taxes.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.17. Collection of delinquent taxes and fees.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.18. 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 6.19. 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.

GEORGIA LAWS 2006 SESSION

4325

SECTION 6.20. Short-term loans.

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

SECTION 6.21. Lease-purchase contracts.

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

SECTION 6.22. Fiscal year.

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

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 plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans. The city council shall also comply with the budgeting and auditing provisions of Chapter 81 of Title 36 ofthe O.C.G.A.

SECTION 6.24. Operating budget.

On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget, the

4326 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. Contracting procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; and (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Prior ordinances.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect until changed pursuant to this charter.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.

GEORGIA LAWS 2006 SESSION

4327

SECTION 7.14. Construction and definitions.

(a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) The phrase "city council" or "council" means the governing body of the City ofDemorest which comprises four councilmembers and a mayor. Unless otherwise specified, all votes and actions taken by the governing body of the city shall consist of and include the four councilmembers and the mayor.

SECTION 7.15. Specific repealer.

The charter of 1917 (Ga. L. 1917, p. 656) is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.

SECTION 7.16. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Article III, V, Paragraph IX ofthe Constitution ofthe State of Georgia of 1983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2006 session ofthe General Assembly of Georgia local legislation to create a new charter for the City of Demorest; to provide for the incorporation of the City of Demorest; to provide for the corporate limits; to provide for the corporate powers; to provide for a Mayor and City Council; to provide for a City Manager; to provide for elections; to provide for organization and personnel; to provide for fiscal administration; to provide for all or any matter relative to the foregoing; to repeal conflicting laws; and for other purposes. In accordance with O.C.G.A. 28-l-14 a copy of the proposed local bill is being provided to the respective governing authorities at the time this notice is being published.
This 3rd day of January, 2006.
City of Demorest, Georgia s/ David Burroughs City Attorney

4328 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben D. Bridges, Sr., who on oath deposes and says that he is the Representative from District 10 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Northeast Georgian which is the official organ of Habersham County on January 6, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BEN D. BRIDGES, SR. Ben D. Bridges, Sr. Representative, District 10
Sworn to and subscribed before me, this 28th day of February, 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
CITY OF DARIEN- NEW CHARTER.
No. 824 (House Bill No. 1477).
AN ACT
To provide a new charter for the City of Darien; 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 certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city manager, 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,

GEORGIA LAWS 2006 SESSION

4329

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 submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; 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 Darien, in Mcintosh County, Georgia, is reincorporated by the enactment of this charter and is constituted and declared to be a body politic and corporate under the name and style "City of Darien," Georgia, and by that name shall have perpetual succession. References in this charter to "the city" or "this city" refer to the City of Darien.

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 a 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 of the city and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City ofDarien, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace but such earlier maps shall be retained in the office of the city clerk.

4330 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. These powers shall include, but not be limited to, the following:
( 1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, 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 license and regulate the same; to provide for the manner and method of payment of such license fees and taxes; and to revoke such permits after du~ 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

GEORGIA LAWS 2006 SESSION

4331

all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; ( 10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city benefitting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards ofhealth and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose ofraising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use

4332 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, electrical, and communication distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, public grounds, recreational facilities, cemeteries~ markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, other public utilities, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial;

GEORGIA LAWS 2006 SESSION

4333

(29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Pub lie Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, or walkway or portion thereof within the corporate limits of the city, for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer and water fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system and to charge for water as well; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors,

4334 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs or similar conveyances. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereofto be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.13. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

GEORGIA LAWS 2006 SESSION

4335

ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL

SECTION 2.10. Mayor and city council creation; composition; number; election.

(a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. (b) The mayor shall serve for terms offour years and the terms of councilmembers shall be for four years. No person shall be eligible to serve as councilmember unless that person shall have been a resident of the district in which they are seeking the post for six months immediately preceding the election. Any person running for the post of mayor must have lived in the city for one year immediately preceding the election. 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 the city that he or she desires his or her name to be placed on the 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 the notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 2.11. Elections.

(a) At any election, all persons 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 as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) For the purpose of electing members ofthe city council, the City of Darien is divided into two council districts, District 1 (formerly South Ward) and District 2 (formerly North Ward), and each such district shall have numbered Posts 1 and 2. (d) Municipal general elections for the City of Darien shall be conducted on the Tuesday following the first Monday in November of each odd-numbered year. Newly elected officials shall take office the first nonholiday after January 1 of the succeeding year. The mayor and city council shall serve until their respective successors are qualified and elected.

4336 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.12. Vacancies in office.
(a)(l) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (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, that if such vacancy occurs within six months ofthe expiration of the term ofthat 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.
SECTION 2.14. Election by majority.
The candidate receiving a majority of the votes cast for any city office shall be elected.
SECTION 2.15. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 ofTitle 36 of the O.C.G.A.
SECTION 2.16. Prohibitions.
(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:

GEORGIA LAWS 2006 SESSION

4337

(I) Engage in any business or transaction or have a financial or other personal interest, director indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private 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 such contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member ofthe city council shall hold any other elective or other city employment during the term for which that person was

4338 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this charter.
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 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: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected office is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Mcintosh 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 Mcintosh County following a hearing on a complaint seeking such removal brought by any resident of the city.
SECTION 2.18. Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.

GEORGIA LAWS 2006 SESSION

4339

SECTION 2.19. General power and authority of the city council.
Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter.
ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY,
AND ORDINANCES

SECTION 3.10. 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 or affirm that I will support the Constitution of the United States, the Constitution of the State of Georgia, the charter and ordinances of the City of Darien; and that I will, to the best of my ability, faithfully perform the duties of the office of (insert mayor or councilmember) during my continuance therein, so help me God." (b) The mayor shall appoint at the first council meeting of the year the councilmember with the most seniority to hold the position of 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 following the call of the meeting to order by the clerk. Such absence or disability shall be declared by majority vote of the city council.
SECTION 3.11. Meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or

4340 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-l of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 3.12. Rules ofprocedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 3.13. Quorum; voting.
(a) Except as otherwise provided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three 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 the business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 3.14. 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 Darien 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

GEORGIA LAWS 2006 SESSION

4341

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 3.16 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 3.15. Action requiring an ordinance.

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

SECTION 3.16. Emergencies.

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

SECTION 3.17. 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:

4342 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) The requirements of subsection (b) of Section 3.14 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy ofeach adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.18 of this charter. (b) Copies of any adopted code oftechnical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
SECTION 3.18. Codification of ordinances.
(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Darien, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 3.19. City manager; appointment; qualifications; compensation.
The city council shall appoint a city manager for an indefinite term and shall set his or her compensation. The city manager shall be appointed solely on the basis of that person's executive and administrative qualifications.

GEORGIA LAWS 2006 SESSION

4343

SECTION 3.20. Removal of city manager.

(a) The city council may remove the city manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of removal.

SECTION 3.21. Acting city manager.

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

SECTION 3.22. Powers and duties of the city manager.

The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in his or her charge by or under this charter. The city manager shall have the following powers and duties:
(1) To appoint and, when he or she deems it necessary for the good of the city, suspend or remove all city employees and administrative officers he or she appoints, except as otherwise provided by law or personnel ordinances adopted

4344 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) To direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) To attend all city council meetings and have the right to take part in discussion, but the city manager may not vote; (4) To see that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) To prepare and submit the annual operating budget and capital budget to the city council; (6) To submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) To make such other reports as the city council may require concerning the operations ofcity departments, offices, and agencies subject to the city manager's direction and supervision; (8) To keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as he or she deems desirable; and (9) To perform other such duties as are specified in this charter or as may be required by the city council.
SECTION 3.23. Council's interference with administration.
Except for the purpose of inquiries and investigations under Section 2.17 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 3.24. Powers and duties of mayor.
The mayor shall: (l) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits;

GEORGIA LAWS 2006 SESSION

4345

(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) Appoint such committees and committee chairpersons of the city council as he or she shall deem reasonable and necessary; and (6) Vote in case of a tie. The mayor shall also be allowed to vote if the governing body is not in full attendance at a meeting and a third affirmative vote is required to pass a motion.

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 of 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 of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of his or her department or agency. The city manager may allow directors to appoint and remove personnel within their respective departments; however, at any time the city manager can suspend this practice. (e) All directors under the supervision of the city manager shall be appointed by the city manager. The city manager may suspend or remove directors under his or her supervision and the city manager shall give written notice of such action and the reason therefor to the director involved and to the city council.

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

4346 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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, and 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 ofthree members of the city council. The process for removing board members shall be the same as referred to in Section 2.17 of this charter. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances ofthe city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct 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 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 of the city attorney.

GEORGIA LAWS 2006 SESSION

4347

SECTION 4.13. City clerk.

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

SECTION 4.14. Treasurer.

The city manager 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 of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city clerk and city treasurer can be the same person.

SECTION 4.15. City auditor.

The city manager shall appoint with confirmation of the city council a city auditor to perform the duties of an auditor or accountant.

SECTION 4.16. Position classification and pay plan.

The city manager shall be responsible for the preparation ofa position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees ofthe city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. The city manager shall apply the pay plan to city employees. For purposes of this section, all elected and appointed city officials are not city employees.

SECTION 4.17. Rules and regulations.

The city manager shall present to the city council for approval rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment;

4348 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 notice 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 Darien, Georgia.
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 of21 years, shall not have been convicted of a crime involving moral turpitude, 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. (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 the following oath, given by the mayor, or in his or her absence, the city clerk, "I will honestly and faithfully discharge the duties of municipal court judge to the best of my ability and without fear, favor, or partiality. I will support and defend the charter of the City of Darien as well as the Constitution and laws of the State of Georgia and of the United States of America."
SECTION 5.12. Convening of court.
The municipal court shall be convened at regular intervals as provided by ordinance.

GEORGIA LAWS 2006 SESSION

4349

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 authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or 30 days in
jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 60 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest 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.

4350 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
U) 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 Mcintosh County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 5.15. Rules for court.
With the approval 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 total the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.11. Millage rate; due dates; payment methods.
The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city

GEORGIA LAWS 2006 SESSION

4351

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 of offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.

SECTION 6.13. Licenses; permits; fees.

The city council by ordinance shall have the power to require any individual or corporation that transacts business in this city or that practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare 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, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

4352 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. Ifunpaid, such charges shall be collected as provided in Section 6.18 ofthis charter.
SECTION 6.17. Other taxes.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution offi. fas.; creation and priority ofliens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. Borrowing.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance

GEORGIA LAWS 2006 SESSION

4353

with the laws governing bond issuance by municipalities in effect at the time such issue is undertaken.

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Loans.

The city may obtain loans in accordance with state and federal laws.

SECTION 6.22. Accounting and budgeting.

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

SECTION 6.23. Budget ordinance.

The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program, including requirements as to the scope, content, and form of such budgets and pro grams.

SECTION 6.24. Operating budget.

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

4354 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.25. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than June ofeach year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.26. Levy of taxes.
Following adoption ofthe operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.27. Changes in budget.
The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes.

GEORGIA LAWS 2006 SESSION

4355

SECTION 6.28. Capital improvements.

(a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements budget with his or her recommendations as to the means offmancing 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 3.16 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than June of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the city council.

SECTION 6.29. Audits.

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

SECTION 6.30. 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 by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter.

4356 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.31. Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.32. Sale and lease of property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the city manager or 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 pub lie place of the city a small pare el or tract of land is cut off or separated by such work from a larger tract or boundary of!and owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
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.

GEORGIA LAWS 2006 SESSION

4357

SECTION 7.12. Pending matters.

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

SECTION 7.13. Definitions and construction.

(a) Section captions in this charter are informative only and are not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) Except as specifically provided otherwise by this charter, the term:
(1) "City council" means the members of the city council and the mayor. (2} "Councilmember" means a member of the city council other than the mayor.

SECTION 7.14. Specific repealer.

An Act amending, consolidating, and superseding the several Acts incorporating the City of Darien, in the County of Mcintosh, State ofGeorgia, and creating a new charter and municipal government for said municipal corporation, approved March 10, 1964 (Ga. L. 1964, p. 2708), as amended, is repealed in its entirety.

SECTION 7.15. Preclearance under Federal Voting Rights Act.

The governing authority of the City of Darien 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 7.16. Effective date.

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

4358 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.17. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to provide a new charter for the City of Darien in Mcintosh County, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method offillingvacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for the office of mayor and certain duties and powers relative thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities and other personnel; to provide for a city attorney, a city clerk, a city manager, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for submission of this Act for preclearance under the Federal Voting Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
This 17th day of February, 2006.
Roger B. Lane Representative Roger Lane !67th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger B. Lane, who on oath deposes and says that he is the Representative from District 167 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Darien News which is the official organ of Mcintosh County on February 23, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ROGER B. LANE Roger B. Lane Representative, District 167

GEORGIA LAWS 2006 SESSION
Sworn to and subscribed before me, this 28th day of February 2006.
s/DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

4359

TWIGGS COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; 62 YEARS OR OLDER; REFERENDUM.
No. 825 (House Bill No. 1476).
AN ACT
To amend an Act restating and reenacting a certain homestead exemption from ad valorem taxes levied for county and school purposes and a certain homestead exemption from ad valorem taxes levied for county purposes in Twiggs County approved March 20, 1990 (Ga. L. 1990, p. 3935), so as to increase the amount of the county exemption and the amount of the income limitation; to lower the age requirement to 62 years of age or over; to specify the terms and conditions of such exemption and the procedures relating thereto; to provide for a referendum, effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act restating and reenacting a certain homestead exemption from ad valorem taxes levied for county and school purposes and a certain homestead exemption from ad valorem taxes levied for county purposes in Twiggs County approved March 20, 1990 (Ga. L. 1990, p. 3935), is amended by striking Section 5 and inserting in its place a new Section 5 to read as follows:
'SECTION 5. Each resident of Twiggs County who is 62 years of age or older is granted an exemption from Twiggs County ad valorem taxation for county purposes in the amount specified by this section on a homestead owned and occupied by the resident as a residence if the resident's net income, together with the net income of the resident's spouse who also occupies and resides at such homestead, as net

4360 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
income is defined by Georgia law, from all sources except as hereinafter provided, does not exceed $15,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this section, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess ofthe maximum amount authorized to be paid to an individual under the federal Social Security Act; and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. The amount of the exemption granted by this section shall be as follows:
(1) The exemption granted by this section shall be $15,000.00 of the assessed value of the homestead for the tax year beginning January 1, 2007; (2) The exemption granted by this section shall be $25,000.00 of the assessed value of the homestead for the tax year beginning January I, 2008, and for all tax years thereafter."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Twiggs County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Twiggs County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Twiggs County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which changes the homestead exemption from Twiggs County ad valorem taxes for county purposes in the
NO ( ) amount of $8,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over and whose income, not including certain retirement income, does not exceed $10,000.00 so that the exemption amount is increased to $15,000.00 in 2007 and to $25,000.00 for 2008 and subsequent years and which increases the income limitation to $15,000.00 and lowers the age qualification to 62 years of age or over?"
All persons desiring to vote for approval ofthe Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section I of this Act shall become of full force and effect on January I, 2007. 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

GEORGIA LAWS 2006 SESSION

4361

of such election shall be borne by Twiggs County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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 2006 session of the General Assembly of Georgia a bill to amend an Act restating and reenacting a certain homestead exemption from ad valorem taxes levied for county and school purposes and certain homestead exemption from ad valorem taxes levied for county purposes in Twiggs County approval March 20, 1990 (Ga. L. 1990, p. 3935), so as to increase the amount of the county exemption and the amount of the income limitation; to lower the age requirement to 62 years of age or over; to specify the terms and conditions of such exemption and the procedures relating thereto; to provide for a referendum, effective dates, applicability, and automatic repeal; and for other purposes.
this 16 day of February 2006
Allen D. Freeman
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Allen G. Freeman, who on oath deposes and says that he is the Representative from District 140 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Twiggs Times New Era which is the official organ of Twiggs County on February 23, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
sf ALLEN G. FREEMAN Allen G. Freeman Representative, District 140

4362 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 28th day of February 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.
CITY OF ELLIJAY- CORPORATE LIMITS.
No. 826 (House Bill No. 1475).
AN ACT
To amend an Act providing a new charter for the City of Ellijay in Gilmer County, approved April!!, 1979 (Ga. L. 1979, p. 3881 ), so as to change the corporate limits of the city; to provide for the inclusion of certain additional territory as a part of the City of Ellijay; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Ellijay in Gilmer County, approved April 11, 1979 (Ga. L. 1979, p. 3881), is amended by adding immediately after Section 1.11 a new Section l.l!A to read as follows:
'SECTION 1.11 A. In addition to all other territory within the City ofEllijay, on and after the effective date of this section the following described two tracts ofproperty are annexed to the city and shall be a part of the City of Ellijay:
TRACT I ALL THAT TRACT or parcel of!and lying and being in Gilmer County, Georgia and being more particularly described as follows: BEG INNING at a point located at the intersection of the western right-of-way of Old Highway 5 North with the Ellijay City limits; thence running north along the western right-of-way of Old Highway 5 North to a point at the intersection of the western right-of-way of Old Highway 5 North and the western right-of-way of Georgia State Highway 515; thence running north along the western right-of-way of Georgia State

GEORGIA LAWS 2006 SESSION

4363

Highway 515 to a point at the intersection of the western right-of-way of Georgia State Highway 515 and the southern right-of-way of Whitepath Road; thence running in an easterly direction across Georgia State Highway 515 at a ninety degree angle to the western right-of-way ofGeorgia State Highway 515 to a point located on the eastern right-of-way of Georgia State Highway 515; thence running south along the eastern right-of-way of Georgia State Highway 515 to a point located on the eastern right-of-way of Georgia State Highway 515, said point being a distance of ten feet measured along the eastern right-of-way of Georgia State Highway 515 northward from the intersection of the eastern right-of-way of Georgia State Highway 515 and the East Ellijay City limits; thence running in a westerly direction across Georgia State Highway 515 at a ninety degree angle to the eastern right-of-way of Georgia State Highway 515 to a point located on the western right-of-way of Georgia State Highway 515; thence running north along the western right-of-way of Georgia State Highway 515 to a point at the intersection of western right-of-way of Georgia State Highway 515 and the eastern right-of-way of Old Highway 5 North; thence running south along the eastern right-of-way of Old Highway 5 North to a point located at the intersection of the eastern right-of-way of Old Highway 5 North with the Ellijay City limits; thence running in a northerly direction along the Ellijay City limits and across Old Highway 5 North to the point of beginning.

TRACT II ALL THAT TRACT or parcel ofland lying and being in Gilmer County, Georgia and being more particularly described as follows: BEG INNING at a point located at the intersection of the Ellijay City limits and the western right-of-way of Progress Road; thence running in a southerly direction along the western right-of-way of Progress Road to a point located at the intersection of the western right-of-way of Progress Road with the eastern right-of-way of Old Highway 5; thence running in a northerly direction along the eastern right-of-way of Old Highway 5 to a point located on the eastern right-of-way of Old Highway 5, said point being a distance often feet measured along the eastern right-of-way of Old Highway 5 southward from the intersection of the eastern right-of-way of Old Highway 5 and the Ellijay City limits; thence running in a westerly direction across Old Highway 5 at a ninety degree angle to the eastern right-of-way of Old Highway 5 to a point located on the western right-of-way of Old Highway 5; thence running in a southerly direction along the western right-of-way of Old Highway 5 to a point located at a ninety degree angle across the right-of-way of Old Highway 5 from the intersection the eastern right-of-way of Old Highways and the southern right-of-way of Highway 382; thence running in an easterly direction across Old Highway 5 at a ninety degree angle a point located at the intersection of eastern right-of-way of Old Highway 5 and the southern right-of-way of Highway 382; thence running in an easterly direction along the southern right-of-way of Highway 382 to a point located at the intersection ofthe southern right-of-way ofHighway 382 with the western right-of-way of Georgia

4364 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State Highway 515; thence running in an easterly direction across Georgia State Highway 515 at a ninety degree angle to the western right-of-way of Georgia State Highway 515 to a point located on the eastern right-of-way of Georgia State Highway 515; thence running in a northerly direction along the eastern right-of-way of Georgia State Highway 515 to a point located on the eastern right-of-way of Georgia State Highway 515, said point being a distance of ten feet measured along the eastern right-of-way of Georgia State Highway 515 southward from the intersection of the eastern right-of-way of Georgia State Highway 515 and the East Ellijay City limits; thence running in a westerly direction across Georgia State Highway 515 at a ninety degree angle to the eastern right-of-way of Georgia State Highway 515 to a point located on the western right-of-way of Georgia State Highway 515; thence running in a southerly direction along the western right-of-way ofGeorgia State Highway 515 to a point located at the intersection of the western right-of-way of Georgia State Highway 515 with the northern right-of-way of Highway 382; thence running in a westerly direction along the northern right-of-way of Highway 382 to a point located at the intersection of the northern right-of-way of Highway 382 with the eastern right-of-way of Old Highway 5; thence running in a northerly direction along the eastern right-of-way of Old Highway 5 to a point located at the intersection of the eastern right-of-way of Old Highway 5 with the eastern right-of-way of Progress Road; thence running in a northerly direction along the eastern right-of-way of Progress Road to a point located at the intersection of the eastern right-of-way ofProgress Road with the Ellijay City limits; thence running in a westerly direction along the Ellijay City limits and across Progress Road to the point of beginning.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Ellijay in Gilmer County, approved April 11, 1979 (Ga. L. 1979, p. 3881 ), so as to change the corporate limits ofthe city; to provide for the inclusion of certain additional territory as a part of the City of Ellijay; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 7th day of February 2006.
Representative David Ralston 7th District

GEORGIA LAWS 2006 SESSION

4365

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 7 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 16, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DAVID RALSTON David Ralston Representative, District 7

Sworn to and subscribed before me, this 24th day of February 2006.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)

Approved May 5, 2006.

CITY OF MONROE- CITY COUNCIL; QUORUM; CORPORATE LIMITS; MUNICIPAL UTILITIES.
No. 827 (House Bill No. 1474).
AN ACT
To amend an Act creating a new charter for the City of Monroe, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to revise certain provisions relating to quorum requirements; to change and extend the corporate limits of the City of Monroe; to provide for a new Article VI, relating to municipal utilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the City of Monroe, approved April 8, 1971 (Ga. L. 1971, p. 3221 ), as amended, is amended by striking subsection (b) of

4366 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.05 and inserting in its place a new subsection (b) of Section 2.05 to read as follows:
'(b) The council shall exercise its powers only in public meetings. Four members of the council and the mayor, or in the mayor's absence the vice mayor, shall constitute a quorum authorized to transact city business. Voting on adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the minutes, but any member shall have the right to request a roll-call vote. The affirmative vote of a majority of members present constituting a quorum shall be required for the adoption ofan ordinance or a resolution except as otherwise provided in this charter:
SECTION 2. Said Act is further amended by striking in its entirety Article VI and inserting in its place a new Article VI to read as follows:
'ARTICLE VI MUNICIPAL UTILITIES
SECTION 6.01. Powers of the council.
The council shall have authority and power to acquire, hold, build, extend, equip, maintain, and operate a system of waterworks, electric light and power, sewerage, natural gas distribution for municipal purposes, and cable television systems and telecommunications services and to establish rates and charge fees for services rendered in any of said systems; to finance any of said systems through appropriate bond issues in accordance with the Jaws of Georgia; to exercise the power of eminent domain in regard to any of said systems, both inside and outside the corporate limits; and to contract to furnish any of the services of said systems to consumers outside the corporate limits of the City of Monroe.
SECTION 6.02. Power to obtain land and use of land.
The City of Monroe shall have the right, easement, and franchise of laying the necessary mains, pipes, conduits, drains, and other reasonable or necessary appurtenances for the purpose of extending any of the above systems across any land inside or outside the corporate limits of said city by exercise of the power of eminent domain and along the highways in the County of Walton without cost.

GEORGIA LAWS 2006 SESSION

4367

SECTION 6.03. Protection.

The council may provide by ordinance for the protection of water basin and watershed from which the water supply is taken, to prevent contamination thereof, and to protect any of the systems provided for in this article, including the mains, pipes, conduits, and appurtenances thereto, whether situated inside or outside the corporate limits of the City of Monroe.

SECTION 6.04. Expansion fund.

Five percent of the gross revenue received per month from the operation of any utility systems shall be placed in a reserve fund separate from all other funds. The money in this fund shall be used for expansion or major maintenance and repair expense of any of the city's utility systems, provided that the aggregate amount in this fund for any given year shall not exceed 40 percent of the gross receipts for the previous year.

SECTION 6.05. Alienation of utility systems; limits.

The systems provided for in this article shall not be sold, leased, or otherwise transferred or disposed of unless authorized by a vote of two-thirds of the registered voters of the City of Monroe voting at an election for such purpose, to be held in accordance with Georgia law; provided, however, that said two-thirds so voting shall not be less than a majority of all of the registered voters of said city; provided, further, that the council shall be free to authorize disposal of equipment deemed obsolete or no longer usable.

SECTION 6.06. Franchise.

In lieu oftaxes or contributions, 5 percent of the gross revenue from the receipts of the utilities shall be paid monthly to the general fund of the city. Gross revenues shall be defined as sales revenue less bad debt expense and less utility subsidies provided to facilities ofthe City ofMonroe and all subdivisions thereof. Electric sales revenue derived from sales of electricity to customer choice loads, as defined in Code Section 46-3-1 of the O.C.G .A., shall be excluded from these computations. These funds shall be used for any purpose which is considered a permissible use of the city's own revenues under applicable state and local law.

4368 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.07. Power and authority for community antenna television services
and telecommunications services.
The City of Monroe is authorized and empowered to acquire, hold, build, extend, equip, maintain, and operate a community antenna television services system and telecommunications services system as are deemed wise and necessary by the mayor and council and limited only by general law of the State of Georgia and the Constitution of the State of Georgia. The mayor and council may prescribe the rates, affairs, regulations and standards, and conditions of the service applicable to the service to be provided, insofar as not in conflict with any rules and regulations enacted by the Public Service Commission; may exercise such powers as are necessary to operate said systems, both inside and outside the corporate limits of the City of Monroe; and may contract to furnish any of the services to said systems to consumers both inside and outside the corporate limits of the City of Monroe:
SECTION 3. Said Act is further amended by striking appendix A to Section 1.02 and inserting in its place a new appendix A, which shall be attached to Section 1.02 and incorporated therein, to read as follows:
"The corporate limits of the City of Monroe shall include all that territory lying and being in the state of Georgia, county of Walton and being further described as follows, to wit: Commencing at a point, said point being the center of the original Walton County Court House located east of Broad Street and south of Spring Street; thence S 86"41' 03" W a distance of9,240.00 feet(l.75 miles) to a nail and cap on the centerline of East Church Street, formerly State Route 83, said nail and cap being the point ofbeginning; thence from the point ofbeginning in a southerly direction 263 feet, more or less, along an arc having its center point at the aforementioned point of commencement and a radius of 9,240.00 feet to a point on the south property line of a parcel now or formerly owned by Gary L. Durham, said parcel being recorded on page 449 of Walton county deed book 830; thence N 72" 33' 01" E 130 feet, more or less, to a 112 inch diameter reinforcing bar, said bar being the southeast comer of the aforementioned Gary L. Durham parcel; thence N 26" 08' 01" W 163.00 feet to a 1/2 inch diameter rod on the southerly right-of-way of East Church Street, formerly State Route 83, said street having an 80 foot right-of-way width; thence northeasterly along the southerly right-of-way of East Church Street, said street having an 80 foot right-of-way, 801.06 feet to a point, said point being the northeasterly corner of a parcel recorded on page 470 of Walton county deed book 112; thence S 18" 30' 00" E 1,864.49 feet along the aforementioned property line to the center of Grubby Creek; thence along the centerline of Grubby Creek, 1,401.3 feet, more or less, to a point, said point being the southwest corner of a parcel now or formerly owned by John C. Nunnally recorded on page 298 of

GEORGIA LAWS 2006 SESSION

4369

Walton county deed book 106, said creek centerline end points being connected by a traverse line with the following courses; S 80 29' 48" W 8.85 feet, N 86 03' 21" W 106.77 feet, N 53 15' 17" W 27.62 feet, N 51 22' 34" W 44.35 feet, N 81 57' 41" W 36.29 feet, S 66 49' 53" W 71.84 feet,
N 75 23' 34" W 32.26 feet, N no 04' 00" W 40.08 feet, N 62 40' 45" W 39.22
feet, N 78 40' 39" W 41.53 feet, S 84 50' 39" W 44.13 feet, S 62 16' 35" W 101.28 feet, N 81 08' 02" W 67.84 feet, S 85 21' 16" W 60.56 feet, S 33 22'
57" w 100.05 feet, s 57 25' 19" w 69.53 feet, s no 28' 34" w 14.42 feet, s 79
33' 33" W 40.25 feet, S 47 50' 46" W 25.89 feet, S 53 45' 38" W 26.58 feet, S 02 20' 49" W 67.69 feet, S 53 00' 06" W 27.01 feet, S 28 50' 35" W 25.93 feet, S 63 19' 55" W 44.13 feet, N 73 32' 19" W 24.56 feet, S 43 35' 48" W 18.16 feet, S 31 50' 38" W 45.04 feet, S 86 10' 55" W 22.19 feet, and S 42 08' 47" W 41.48 feet; thence N 30 32' 55" W 638.31 feet to a 1/2 inch diameter conduit; thence N 60 05' 06" E 142.5 6 feet to a 1/2 inch diameter conduit; thence N 28 25' 41" W 375 feet, more or less, to the intersection point with an arc, said arc having its center point at the aforementioned point of commencement and a radius of 9,240.00 feet; thence 12,376 feet, more or less, along the aforementioned arc crossing Poplar Street, Pannell Road, Madison Avenue and Georgia Highway ll to a point on the easterly property line of a tract now or formerly owned by Timberline Development, LLC; thence S 32 08' 05" E along the aforementioned easterly property line 244 feet, more or less, to a point on the northerly right-of-way of a Georgia Railroad spur track, said track having a 50 foot right-of-way width; thence along the aforementioned spur track right-of-way on an arc 102.36 feet, said arc having a chord of S 40 58' 21" W and a radius of l, 171.43 feet to a point; thence continuing along the spur track right-of-way S 38 28' 00" W 259.95 feet to a point; thence continuing along the spur track right-of-way on an arc 394.53 feet to a point, said arc having a chord of S 48 28' 00" W 392.53 feet and a radius of 1,130.22 feet; thence continuing along the spur track right-of-wayS 58 28' 00" W 36.51 feet to a 1/2 inch diameter reinforcing bar; thence N 16 30' 24" W 439.56 feet along the westerly property line of the aforementioned Timberline Development LLC tract to a l/2 inch diameter conduit on the southerly right-of-way of Vine Street, said street having a 80 foot right-of-way width; thence northwesterly across Vine Street, said street having an 80 foot right-of-way width, to an iron pin on the northerly right-of-way of Vine Street, said pin being the southwest property comer of a 21.49 acre parcel now or formerly owned by Universal-Rundle Corporation;
thence N no 55' W 442.2 feet to an iron pin; thence S 67 46' W 99.1 feet to an
iron pin; thence N 31 10' W along the westerly property line of the aforementioned Universal-Rund1e Corporation parcel 248 feet, more or less, to the intersection with an arc, said arc having its center point at the aforementioned point ofcommencement and aradiusof9,240.00 feet; thence northwesterly2, 170 feet, more or less, along said arc to point on the southern property line of a tract ofland known as parcel14 on Walton county tax map M8; thence southwesterly 446 feet, more or less, along the aforementioned southern property line to a

4370 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1/2 inch diameter reinforcing bar, said bar being the common rear corner of lot 40, now or formerly owned by Taber, and lot 41, now or formerly owned by Hamm, ofthe Meadow Brook Estates Subdivision; thence northwesterly 479 feet, more or less, along the eastern boundary of Meadow Brook Subdivision to its intersection with an arc, said arc having its center point at the aforementioned point of commencement and a radius of 9,240.00 feet; thence northwesterly 174 feet, more or less, along said arc to its intersection with the extended eastern right-of-way of Golfview Terrace, said terrace having a 50 foot right-of-way width; thence southwesterly along the eastern extended right-of-way of the aforementioned Golfview Terrace to a point on the northern right-of-way of Oakland Ridge, said ridge having a 50 foot right-of-way width; thence across Oakland Ridge to the intersection ofthe southerly right-of-way ofOakland Ridge with the easterly right-of-way of Golfview Terrace, both having 50 foot right-of-way widths; thence southwesterly 23 0 feet along the easterly right-of-way of Golfview Terrace to a point, said point being the northwestern corner of lot 2 of Section B of Country Club Estates Subdivision; thence southeasterly 62.9 feet along the northerly property line oflot 2 of Section B of Country Club Estates Subdivision to a point; thence southeasterly 200 feet along the property line of lot 2 of Section B of Country Club Estates Subdivision to the common corner of lots 2 and 3 2 of Section B of Country Club Estates Subdivision; thence southerly 310.7 feet along the rear property lines oflots 3, 4 and 5 of Section B of Country Club Estates Subdivision to a point; thence southeasterly 200 feet along the rear property lines of lots 7 and 8 of Meadow Brook Estates Subdivision to a point; thence southwesterly along the common property line for lots 8 and 9 of Meadow Brook Estates Subdivision to a point on the right-of-way ofGolfview Terrace, said terrace having a 50 foot right-of-way width; thence southwesterly across the aforementioned Golfview Terrace to a point, said point being the northeastern corner oflot 13 of Section A of Country Club Estates Subdivision; thence southwesterly 189 feet to a point, said point being the southeastern corner of lot 13 of Section A of Country Club Estates Subdivision; thence southeasterly 668 feet, more or less, along the common boundary between Tract2 of the Country Club Estates Subdivision and Meadow Brook Estates Subdivision to the centerline of an unnamed tributary ofM ountain Creek; thence along the centerline of the unnamed tributary of Mountain Creek 515 feet, more or less, to a point on the northerly right-of-way of Vine Street, said street having a right-of-way width of 80 feet; thence S 78 48' W 130 feet along the northerly right-of-way of Vine Street to a point; thence S 73 36' W 100 feet along the northerly right-of-way of Vine Street to a point; thence S 73 25' W 100 feet along the northerly right-of-way of Vine Street to a point; thence S 73 43' W 100 feet along the northerly right-of-way of Vine Street to a point; thence S 78 21' W 100 feet along the northerly right-of-way of Vine Street to a point; thence S 82 51' W 100 feet along the northerly right-of-way of Vine Street to a point; thence S 86 22' W 100 feet along the northerlY right-of-way of Vine Street to a point; thence S 88 47' W 309.3 feet along the

GEORGIA LAWS 2006 SESSION

4371

northerly right-of-way of Vine Street to a point, said point being the intersection of the northerly right-of-way of Vine Street with the easterly right-of-way of Alcovy Street, said street having a 60 foot right-of-way width; thence N 05 02' E 171.7 feet along the easterly right-of-way of Alcovy Street to a point; thence N 13 09' E 100 feet along the easterly right-of-way of Alcovy Street to a point; thence N 16 00' E 30.9 feet, more or less, to a point, said point being the northwest corner of lot 25A of Tract 3 of Country Club Estates Subdivision; thence northwesterly across Alcovy Street to a point on the western right-of-way of Alcovy Street, said point being the southeastern corner of lot 1, Block B, Unit I, ofthe Fairway Estates Subdivision; thence N 69 17' 14" W 434.44 feet along the boundary of Unit 1 of Fairway Estates Subdivision to a point; thence S 73 21' 08" W 561.23 feet along the boundary of Unit I of Fairway Estates Subdivision to a point; thence S 60 15' 0 1" W 726.41 feet along the boundary of Unit 1 of Fairway Estates Subdivision to a point; thence N 29 44' 59" W 470.00 feet along the boundary of Unit 1 of Fairway Estates Subdivision to a point, said point being the northwest corner of lot 9, Block A, Unit 1, of the Fairway Estates Subdivision; thence S 59 30' W I ,594.51 feet along the southern property line of a tract now or formerly owned by the Monroe Golf and County Club to an iron pin; thence S 59 30' W 137.0 feet to a point on the centerline of Mountain Creek; thence northeasterly along the centerline of Mountain Creek to a point on the southerly right-of-way of Ammons Bridge Road, said road having a 50 foot right-of-way width, said creek centerline being generally defined by a lineN 03 36' E 1,345 feet in length; thence along the southerly right-of-way of Ammons Bridge Road to an iron pin, said pin beingS 86 27' W 630 feet from the intersection of the southerly right-of-way of Ammons Bridge Road with the centerline of Mountain Creek; thence northeasterly along the southern right-of-way of Ammons Bridge Road to and iron pin, said pin being the northwest corner of a parcel of land now or formerly owned by Roy Thomas known as 820 Ammons Bridge Road, said pin being N 54 16' E 1,300 feet from the previously described iron pin on the southerly right-of-way of Ammons Bridge Road; thence northeasterly along the curved southern right-of-way of Amm-ons Bridge Road to an iron pin marking the northeast corner of the aforementioned Thomas property, said right-of-way arc being defined by a chord N 24 38' E 328.4 feet; thence northwesterly across Ammons Bridge Road to an 1/2 inch diameter aluminum pin on the northerly right-of-way of Ammons Bridge Road, said road having a 70 foot right-of-way width, said aluminum pin being the southerly corner of a tract now or formerly owned by Neal Bolton and John Head, III; thence N 32 40' 55" W 950.32 feet to a 112 inch diameter reinforcing bar; thence S 58 41' 54" W 156.71 feet to a 1 112 inch diameter open top iron pin; thence N 07 55' 51" W 731.79 feet to a 2 inch diameter open top iron pin; thence N 18 15' 24" W 695.20 feet to an 1 inch diameter open top iron pin; thence N 78 04' 14" W 615 feet, more or less, to a point, said point being the northeast corner of Heritage Park Subdivision; thence S 03 12' 26" W 859.73 feetto a 1 1/2 inch diameter open top iron pin; thence S 18 25' 44" E 724.3 7 feet

4372 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to a 2 inch diameter open top iron pin; thence s 08 27 I 42 U w 637.28 feet to a
2 inch diameter open top iron pin; thence S 29 56' 04" W 999.43 feet to a 2 inch diameter open top iron pin; thence N 30 26 1 27" W 2,832.87 feet to an axel on the southerly right-of-way of Michael Etchison Road, said road having an 80 foot right-of-way width; thence N 30 26' 27" W 80 feet, more or less, across Michael Etchison Road to a point on the northern right-of-way of Michael Etchison Road; thence generally northerly 2, 709 feet, more or less, along the western right-of-way of Michael Etchison Road crossing Michael Etchison Circle and continuing to the intersection of the westerly right-of-way with the extended northern boundary of Evergreen Estates Subdivision; thence S 85 44 1 11" E across Michael Etchison Road to a point on the easterly right-of-way of Michael Etchison Road, said road having an 80 foot right-of-way width; thence S 85 44 1 11" E 1,140 feet, more or less, along the northerly property line of Evergreen Estates Subdivision to the intersection with an arc, said arc having its center point at the aforementioned point of commencPment and a radius of 9,240.00 feet; thence continuing 4,096 feet, more or less, along the arc described in the last course to the intersection ofthe arc with the southerly right-of-way of Michael Etchison Road, said road having a 40 foot right-of-way width; thence northwesterly 362 feet, more or less, along the southern right-of-way of Michael Etchison Road to a conduit iron pin, said pin being the easterly corner of a 1. 749 acre parcel now or formerly owned by H. Ben Doster, Jr., R. D. Hester, Jr. and William B. Snipes, Jr.; thence S 33 25 1 54" W 250.18 feet to a conduit iron pin, said pin being the southern corner of the aforementioned Doster, Hester & Snipes property; thence N 53 34' 10" W 300.00 feet to a conduit iron pin on the southerly right-of-way ofGeorgia Highway 13 8, said highway having a 130 foot right-of-way width; thence southwesterly 583 feet, more or less, along an arc being the southern right-of-way of Georgia Highway 138, said arc having a radius of3,884.72 feet, to a point radially across from the southeast corner of a 10.00 acre parcel now or formerly owned by Harvie J. Ewing, Jr.; thence northwesterly 130.00 feet across Georgia Highway 138 to a 112 inch diameter reinforcing bar, said bar being the aforementioned southeast Ewing property corner; thence N 57 11 1 2 7" W 600.00 feet to a 1/2 inch diameter reinforcing bar, said bar being the northwest corner of the aforementioned Ewing property; thence N 35 34 I 18" E 703.1 0 feet to a 112 inch diameter reinforcing bar; thence N 31 o 03 1 18" E 401.11 feet to a 1/2 inch diameter reinforcing bar; thence N 60 10 1 03" W 111.17 feet to a point; thence N 06 30 1 08" E 513.31 feet to point; N 32 04 1 37" E 462.65 feet to a point on the southerly right-of-way of Georgia Highway 10; thence northwesterly along the western right-of-way of Georgia Highway 10 2,105 feet, more or less, to a point, said point being the northeasterly corner of a parcel known as parcel 13 on Walton County tax map 55; thence northeasterly 350 feet, more or less, across Georgia Highway 10 to a Georgia Department of Transportation right-of-way monument, said monument being on the eastern right-of-way of Georgia Highway 10 and the southern right-of-way ofU.S. Highway78; thence N 60 38 1 49" E 102.07 feet to a Georgia Department

GEORGIA LAWS 2006 SESSION

4373

of Transportation right-of-way monument; thence S 79 05' 05" E 300.22 feet to a Georgia Department of Transportation right-of-way monument; thence S 79 49' 53" E 218.02 feet to a Georgia Department of Transportation right-of-way monument; thence S 80 03' 16" E 184.7 5 feet to a Georgia Department of Transportation right-of-way monument; thence N 10 03' 14" E 5.00 feet to a point; thence S 80 05' 51" E 88.52 feet to a point; thence along a curve 692.36 feet to a point, said curve having a chord of S 85 00' 46" E 691.46 feet and a radius of 3,914.72 feet; thence N 89 54' 17" E 534.82 feet to a Georgia Department of Transportation right-of-way monument; thence S 89 59' 00" E 199.85 feet to a Georgia Department of Transportation right-of-way monument; thence S 00 43' 46" W 14.96 feet to a Georgia Department of Transportation right-of-way monument; thence S 89 49' 47" E
99.90 feet to a point; thence S ooo 04' 46" E 64.51 feet to a point; thence
N 89 55' 14" E 150.00 feet to a point, said point being on the centerline of Mountain Creek; thence generally in a southerly direction along the centerline of Mountain Creek defined by the following courses; S 21 53' 44" E 3 3.49 feet to
a point; S ooo 57' 18" E 18.39 feet to a point; S 34 17' 30" W 13.59 feet to a
point; S 63 02' 17" W 26.14 feet to a point; S 42 28' 43" W 26.27 feet to a point; S 24 36' 33" W 42.67 feet to a point; S 14 39' 32" E 165.72 feet to a point; S 25 45' 00" W 2 95.54 feet to a point; S 12 55' 00" E 453.38 feet to a point; S 31 20' 00" W 207.41 feet to a point and S 43 34' 00" E 197.20 feet to a point, said point being the intersection of the centerline of Mountain Creek with the property line of a 33.65 acre parcel on the northeast corner ofthe intersection of Georgia Highway 10 and Georgia Highway 138; thence N 83 51' 00" E 127.20 feet to a point on the northerly right-of-way of Georgia Highway 138; thence southeasterly 180 feet, more or less, across Georgia Highway No. 13 8 to a Georgia Department of Transportation right-of-way monument; thence N 35 11' 02" E 283.36 feet along the southerly right-of-way of Georgia Highway 13 8 to a Georgia Department of Transportation right-of-way monument; thence 308.55 feet along a curve to a Georgia Department of Transportation right-of-way monument, said curve having a chord of N 38 08' 27" E 308.39 feet and a radius of2,792.22 feet; thence N 47 43' 28" W 9. 77 feet to a Georgia Department of Transportation right-of-way monument; thence 294.63 feet along a curve to a Georgia Department of Transportation right-of-way monument, said curve having a chord of N 44 16' 52" E 294.49 feet and a radius of 2,802.22 feet; thence S 43 12' 58" E 9.98 feet to a Georgia Department ofTransportation right-of-way monument; thence 1,292 feet, more or less, along a curve being the southerly right-of-way of Georgia Highway 138, said curve being defined by a chord N 54 01' 00" E 649.63 feet and a radius of 2,792.22 feet, to the intersection of the curve with an arc, said arc having its center point at the aforementioned point of commencement and a radius of 7,920.00 feet (1.5 miles); thence 929 feet, more or less, along the aforementioned arc to its intersection with an arc on the northerly right-of-way of Ramp 'D' of Georgia Highway 10 (also known as U.S. Highway 78); thence southeasterly

4374 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
along the northerly right-of-way of Ramp 'D' of Georgia Highway No. 10 to a point, said arc being defined by a chordS 49 32' 20" W 497.81 feet and a radius of 1,024.93 feet; thence S 54 30' 58" E 15.00 feet to a point; thence 24.98 feet along an arc to a point, said arc being defined by a chord of S 34 46' 31" W 24.98 feet and a radius of 1,009.93 feet; thence S 34 04' 00" W 144.77 feet to a point, said point being the intersection of the right-of-way of Ramp 'D' with the northerly right-of-way of Georgia Highway 10; thence 371.34 feet along the northerly right-of-way of Georgia Highway 10 on an arc, said arc being defined by a chord of S 88 26' 49" W 371.27 feet and a radius of 5,639.58 feet; thence S 00 20' 00" W 5.00 feet to a point; thence N 89 40' 00" W 330.40 feet to a point; thence N 00 20' 00" E 30.00 feet to a point; thence N 89 40' 00" W 150.00 feet to a point; thence N 00 20' 00" E 55.00 feet to a point; thence N 89 40' 00" W 247.07 feet to a point on the centerline of Mountain Creek; thence 2,850 feet, more or less, along the centerline of Mountain Creek to a point, said creek centerline end points being connected by a traverse line with the following courses; N 81 43' 41" W 163.89 feet, N 29 31' 14" W 143.41 feet, N 24 44' 22" E 285.52 feet, N 37 07' 02" E 326.09 feet, N 13 05' 09" E 235.27 feet, N 25 08' 29" E 169.39 feet, N 13 43' 34" E 231.18 feet, N 33o 48' 08" E 138.95 feet, N 03 12' 10" E 277.17 feet, N 04 09' 03" E 264.35 feet, N 03 37' 26" E 160.77 feet, and N 08 09' 07" W 184.55 feet, thence N 32 03' 21" W 2,885.00 feet to a 1 1/2 inch solid rod marking the common corner of Land Lots 27, 28, 41 and 42; thence along the line common to Land Lots 27 and 28 S 60 39' 16" W 767.40 feet to an iron pin on the easterly right-of-way of Cedar Ridge Road, said road having a 70 foot right-of-way; thence across Cedar Ridge Road along the line common to Land Lots 27 to an iron pin on the westerly right-of-way of Cedar Ridge Road; thence along the line common to Land Lots 27 S 60 42' 47" W 1,018.51 feet to a 1 inch open top pipe; thence S 30 05' 18" E 503.3 0 feet to the centerline of an unnamed branch tributary to the Alcovy River; thence along the centerline of the aforementioned branch and a ditch 2,990 feet, more or less, to a point in the center of the Alcovy River, said branch and ditch centerline end points being connected by a traverse line with the following courses; S 73 57' 45" W 152.10 feet, S 82 48' 11" W 148.77 feet, N 88 56' 49" W 182.42 feet, S 61 16' 42" W 159.10 feet, S 60 15' 31" W 298.82 feet, S 48 16' 01" W 167.26 feet, S 25 05' 08" W 167.12 feet, S 46 26' 41" W 104.63 feet, S 38 41' 15" W 103.98 feet, S 69 38 15" W 124.61 feet, S 75 49' 11" W 144.73 feet, S 69 19' 38" W 146.80 feet, S 78 35' 46" W 128.79 feet, S 70 18' 37" W 158.87 feet, N 89 57' 03" W 175.93 feet, S 46 50' 24" W 129.90 feet, N 79 56' 51" W 121.27 feet, and S 73 57' 45" W 152.10 feet; thence S 59 57' 55" W 245.00 feet to a 1112 inch diameter open top pipe; thence S 34 57' 55" W 133.97 feet to a nail; thence S 3go 13' 46" W 142.08 feet to a 1 112 inch diameter open top pipe; thence S 32 13' 11 "W 175.09 feetto a 1 1/2 inch diameter open top pipe; thence S 20 28' 50" W 131.14 feet to a 1 112 inch diameter open top pipe; thence S 21 22' 38" W 105.03 feet to a point; thence S 09 24' 00" W 131.50 feet to a

GEORGIA LAWS 2006 SESSION

4375

point on the centerline of the Alcovy River; thence generally northwesterly along the centerline of the Alcovy River 1,360 feet, more or less, to a point, said river centerline end points being connected by a traverse line with the following courses; N 12 35' 59" W 192.46 feet, N 26 51' 34" W 270.05 feet, N 24 53' 57" W 285.90 feet, N 25 47' 47" W 293.29 feet, N 23 01' 43" W 176.56 feet, N 49 01' 13" W 149.10 feet; thence generally northeasterly 910 feet, more or less, along the centerline ofBeaverdam Creek to a point, said creek centerline end points being connected by a traverse line with the following courses; N 35 17' 23" E 74.13 feet,N 48 23' 15" E 199.59 feet,N 17 50' 58" W 152.03 feet, N 11 14' 38 "W 157.08 feet and N 01 o 46' 06" W 215.56 feet; thence N 45 15' 50" E 613.65 feet to a point; thence generally northeasterly 1,050 feet, more or less, along the centerline of an unnamed branch, said branch centerline end points being connected by a traverse line with the following courses; N 46 05' 25" E 176.89 feet, N 37 52' 25" E 156.28 feet, N 31 16' 03" E 155.57 feet, N 55 38' 06" E 201.64 feet, N 77o 57' 52" E 147.16 feet, and N 22 11' 01" E 101.91 feet; thence N 29 55' 22" W 150.00 feet to a 1 1/2 inch diameter open top pipe; thence N 59 57' 31" E 2,488.33 feet to a 5/8 inch diameter pipe; thence N 58 04' 28" E 297.03 feet to a 5/8 inch diameter pipe on the western right-of-way of Double Springs Church Road, said road having an 80 foot right-of-way width; thence along the westerly right-of-way of Double Springs Church Road S 39 23' 00" E 133.64 feet to point; thence continuing along the westerly right-of-way of Double Springs Church Road on an arc 408.56 feet to a point, said arc having a chord of S 5301' 00" E 404.72 feet and a radius of858.51 feet; thence N 23 20' 43" E 80.00 feet across Double Springs Church Road to a point on the northerly right-of-way of Double Springs Church Road; thence N 30 50' 45" E 917.98 feet to a 3/4 inch diameter open top pipe; thence N 60 19' 18" E 669.15 feet to a 1 inch diameter open top pipe; thence N 64 05' 35" E 1,183.75 feet to a 1/2 inch diameter reinforcing bar; thence N 68 35' 48" E 92.70 feet to a 1 inch diameter split top pipe; thence S 60 42' 10" E 76.46 feet to a 1 inch diameter crimped top pipe; thence S 00 29' 30" E 1,160.75 feet to a 1 inch diameter pipe; thence S 74 34' 59" E 770.10 feet to a 1/4 inch diameter reinforcing bar; thence N 80 42' 28" E 370.89 feet to a 5/8 inch diameter galvanized pipe; thence along the line common to Land Lots 41 and 42 N 60 51' 37" E 568.8 2 feet to a 7/8 inch diameter pipe at the comer common to Land Lots 41, 42, 61 and 62; thence along the line common to Land Lots 41 and 62 S 29 40' 50" E 346.82 feet to a 1 inch diameter pipe; thence continuing along the line common to Land Lots 41 and 62 S 29 51' 37" E 410.70 feet to a point, said point being a 3/8 inch diameter reinforcing bar; thence N 61 45' 40" E 567.9 6 feet to a point, said point being the intersection with a line 35.00 feet from and parallel to the westerly right-of-way of Georgia Highway 11; thence along the aforementioned line parallel to the westerly right-of-way of Georgia Highway 11 S 24 20' 00" E 773.16 feet to point; thence continuing along the aforementioned line parallel to the westerly right-of-way of Georgia Highway 11 on an arc 159.34 feet, said arc having a

4376 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
chord of S 25 07' 12" E 158.80 feet and a radius of 5,804.58 feet to a point, said point being the intersection of the aforementioned line parallel to the westerly right-of-way of Georgia Highway with the northerly right-of-way of Double Springs Church Road, said road having an 80 foot right-of-way width; thence southeasterly across Double Springs Church Road S 26 21' 26" E 91.56 feet to a point, said point being the intersection of the aforementioned line parallel to the westerly right-of-way of Georgia Highway 11 with the southerly right-of-way of Double Springs Church Road; thence along the aforementioned line parallel to the westerly right-of-way of Georgia Highway 11 in an arc 454.97 feet, said arc having a chord of S 29 03' 16" E 454.86 feet and a radius of 5,804.5 8 feet; thence continuing along the line to parallel the westerly right-of-way of Georgia Highway 11 S 31 16' 00" E 324.45 feet to a point; thence S 84 14' 28" W 257.73 feet to a 1/2 inch diameter reinforcing bar; thence S 02 26' 48" W 280.00 feet to a 1 inch diameter pipe; thence S 86 23' 48" E 4 72.00 feet to a point; thence along the aforementioned parallel line to the westerly right-of-way of Georgia Highway 11 S 31 16' 00" E 260.23 feet to a point; thence S 61 03' 55" W 258.95 feet to an axle; thence S 31 00' 59" E 305.34 feet to a 1 inch square rod; thence N 61 o 03' 55" W 295.31 feet to a point on the westerly right-of-way of Georgia Highway 11; thence along the westerly right-of-way of Georgia Highway 11 N 31 o 18' 00" W 1,281.83 feet to a point; thence continuing along the right-of-way of Georgia Highway 11 on an arc 432.36 feet to a point, said arc having a radius of 5,769.58 feet, said point being the intersection of the southerly right-of-way of Double Springs Church Road with the westerly right-of-way of Georgia Highway 11; thence across Double Springs Church Road 91.74 feet, more or less, to a point, said point being the intersection of the northerly right-of-way of Double Springs Church Road with the westerly right-of-way of Georgia Highway 11; thence northeasterly across Georgia Highway 11 to a point on the easterly right-of-way of Georgia High way 11, said point being northwestern corner of a 9.63 acre parcel now or formerly owned by Brookland Development, Inc.; thence N 60 09' 27" E 440.70 feet to a 1/2 inch diameter reinforcing bar; thence N 47 59' 36" E 467.89 feet to an axle; thence N 46 54' 00" E 128.4 feet to a point; thence N 67 41' 00" E 147.35 feet to a point; thence N 29 02' 00" W 213.0 feet to a point; thence N 58 38' 00" E 65.0 feet to a point; thence N 60 53' 00" E 745.5 feet to a point; thence S 43 35' 00" E 90.0 feet to a point; thence S 69 34' 00" E414.0 feet to a point; thence S 62 20' 00" E 55.8 feet to a point; thence northeasterly 450 feet, more or less, along the GreenAcres Subdivision to a point; thence northwesterly 3,012 feet along the eastern boundary ofthe aforementioned Green Acres Subdivision to a point; thence southwesterly 1000 feet, more or less, along the northern boundary of the aforementioned Green Acres Subdivision to a point; thence northwesterly 485 feet, more or less, along the northern boundary of the aforementioned Green Acres Subdivision to a point; thence southwesterly 380 feet, more or less, along the northern boundary of the aforementioned Green Acres Subdivision and the extension of that boundary to a point on the eastern

GEORGIA LAWS 2006 SESSION

4377

right-of-way of Georgia Highway 11; thence generally northeasterly 3,300 feet, more or less, along the eastern right-of-way of Georgia Highway 11 to the intersection of the Highway ll right-of-way with the northerly right-of-way of County road 267 (also known as Faith Baptist Church Road); thence along the easterly right-of-way of Georgia Highway 11, said highway having an 80 foot right-of-way, N 14 07' 52" E 338.25 feet to an iron pin; thence continuing along the easterly right-of-way of Georgia Highway 11 N 14 00' 00" E 120 feet to a point; thence along the northerly property line ofa parcel now or formerly owned by G. B .GilbertS 76 00' 00" E 200 feet to an iron pin; thence S 53 05' 41" E 13 8.05 feet to an iron pin; thence S 75 32' 35" E 97.11 feet to an iron pin; thence S 14 27' 05" W 40.13 feet to an iron pin; thence S 53 05' 41" E 810.89 feet to a 3/4 inch diameter aluminum pin on the northerly right-of-way of John Deere Road, said road having an 80 foot right-of-way width; thence S 30 39' 53" E 80.00 feet across John Deere Road to a point on the southerly right-of-way of John Deere Road; thence along the southerly right-of-way of John Deere Road N 60 34' 34" E 620.54' feet to a point; thence continuing along the southerly right-of-way of John Deere Road N 60 11' 53" E 2,205.06 feet, more or less, to a point, said point being the intersection of the southerly right-of-way of John Deere Road with the westerly right-of-way of Walton Road, said road having a 50 foot right-of-way width; thence crossing Walton Road N 60 11' 28" E 67.90 feet; thence along the southerly right-of-way of John Deere Road N 57 26' 05" E 37.59 feet to a point; thence continuing along the southerly right-of-way of John Deere Road N 57 43' 31" E 97.23 feet to a point; thence continuing along the southerly right-of-way of John Deere Road N 58 12' 40" E 68.83 feet to an iron pin; thence S 29 01' 27" E 107.42 feet to a point; thence N 68 09' 33" E 562.99 feet to a point; thence S 30 19' 24" E 2,613.21 feet to a point; thence N 60 43 '3 8" E 1,693.34 feet to a point; thence S 25 22' 10" E 536.65 feet to a point; thence S 59 16' 18" W 1,103.44 feet to a point; thence S 24 21' 45" E 785.85 feet to a point; thence S 56 14' 51" E 2,059.16 feet to a 1/2 inch diameter open top iron pin; thence S 28 02' 21" E 904.15 feet to a 1/2 inch diameter open top iron pin in the Transcontinental Gas Pipeline Corporation e asem ent; thence S 3 1 40' 3 1" E 904.15 feet to an iron pin on the northerly right-of-way of Gratis Road, said road having an 80 foot right-of-way width; thence along the northerly right-of-way of Gratis Road, S 44 54' 06" W 97.00 feet to a point; thence continuing along the northerly Gratis Road right-of-way on an arc 673.15 feet to a point, said arc having a chord S 44 32' 41" W 673.15 feet and a radius of 54,029.86 feet; thence continuing along the northerly Gratis Road right-of-way on an arc 130.71 feet to a point, said arc having a chordS 42 46' 55" W 130.70 feet and a radius of2,663.78 feet, said point being the southeastern corner of a parcel now or formerly owned by Laseter; thence N 34 20' 04" W 176.92 feet to a 112 inch diameter open top iron pin; thence N 49 0 1' 56" W 250.3 8 feet to a 1/2 inch diameter open top iron pin; thence S 38 59' 17" W 354.77 feet to a 1/2 inch diameter open top iron pin; thence S 49 01' 56" E 250.36 feet to a point; thence S 34 23' 17" E 176.99 feet

4378 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to a point on the northerly right-of-way of Gratis Road, said road having an 80 foot right-of-way width; thence southwesterly 531 feet, more or less, along the northerly right-of-way of Gratis Road to the intersection with an arc, said arc having its center point at the aforementioned point of commencement and a radius of9,275.00 feet; thence westerly along said arc 802 feet, more or less, to the intersection with the easterly property line of a parcel known as parcel I 0 on Walton County tax map 54; thence northwesterly along the aforementioned property line 257 feet, more or less, to the northeastern corner of the aforementioned parcel; thence westerly 633 feet, more or less, along back property line of the aforementioned property to the intersection with a line parallel to and 35.00 feet east of the common line to Land Lots 74 and 99; thence northwesterly along the line parallel to and 30 east of the common line to Land Lots 74 and 99 and Land Lots 75 and 98 I, 705 feet, more or less, to the intersection with the southerly right-of-way of Walton Road, said having a 50 foot right-of-way width; thence across Walton Road 50 feet, more or less, to a point on the northerly right-of-way of Walton Road, said point being the northeastern corner oflot I of the Lake Estates Subdivision; thence northeasterly along the eastern boundary of the aforementioned Lake Estates Subdivision 206 feet, more or less, to a point, thence continuing along the boundary of Lake Estates Subdivision 218 feet, more or less, to a point, thence continuing along the boundary of Lake Estates Subdivision 307 feet, more or less, to a point, thence continuing along the boundary of Lake Estates Subdivision 280 feet, more or less, to a point, thence continuing along the western boundary of Lake Estates Subdivision I ,964 feet, more or less, to a point, thence continuing along the southern boundary of Lake Estates Subdivision 219 feet, more or less, to the intersection with an arc, said arc having its center point at the aforementioned point of commencement and a radius of 9,240.00 feet; thence along the aforementioned arc 196 feet, more or less, to the intersection with the western boundary ofMeadowbrooke Terrace Subdivision; thence northeasterly along the western boundary of Meadowbrooke Terrace Subdivision 908.5 feet, more or less, to a point, said point being the northwestern corner of a lot now or formerly owned by Tom Clark; thence southeasterly along the northern property line ofthe aforementioned Tom Clark property 175 feet to the northeastern corner of the Clark property, said corner being on the westerly right-of-way of Walton Road, said road having a 50 foot right-of-way width; thence southwesterly along the western right-of-way of Walton Road I 00 feet to a point, said point being the southeastern corner ofthe aforementioned Clark property; thence across Walton Road 50 feet, more or less, to point on the easterly right-of-way ofWalton Road, said point being the northwestern corner of a lot now of formerly owned by Lansaiter and known as 802 Walton Road; thence southeasterly along the northern property line of the aforementioned 802 Walton Road lot 200 feet to a point, said point being the northeastern corner of 802 Walton Road; thence N 11 29' 57" E 100.25 feet to an iron pin; thence N 11 o 17' 33" E 199.67 feet to an iron pin; thence N 11 21' 49" E 129.92 feet to an iron pin; thence

GEORGIA LAWS 2006 SESSION

4379

S 79 16' 36" E 141.21 feet to the intersection with the line common to Land Lots 75 and 98; thence along the line common to Land Lots 75 and 98 S 31 o 29' 09" E 1,145. 77 feet to a point in a Transco Gas Line easement; thence S 31 o 46' 44" E 98.99 feet to the intersection with an arc, said arc having its center point at the aforementioned point of commencement and a radius of 9,240.00 feet; thence generally easterly along said arc 1,488 feet, more or less, to the intersection of the arc with the northerly right-of-way of Gratis Road, said road having an 80 foot right-of-way width; thence crossing Gratis Road along the aforementioned arc and continuing along the aforementioned arc 2,220 feet, more or less, to the intersection of the aforesaid arc with the northerly right-of-way of Old Athens Highway, said highway having a 60 foot right-of-way width; thence along the northerly right-of-way of Old Athens Highway 280 feet, more or less, to a point; thence across Old Athens Highway 60 feet, more or less, to a conduit iron pin on the easterly right-of-way of Old Athens Highway; thence S 54 08' 01" E 139.32 feet to a granite monument; thence N 60 19' 41" E 378.61 feet to a granite monument; thence N 27 52' 20" W 29.47 feet to a concrete monument with disk; thence N 66 53' 04" 267.5 feet, more or less, to a point on the centerline ofJacks Creek; thence southeasterly along the centerline of Jacks Creek 6,904 feet, more or less, to intersection of the creek with the northerly right-of-way of U.S. Highway 78 (also known as State Route 10); thence along the northerly right-of-way of U.S. Highway 78, said right-of-way being 180 feet from the roadway centerline, 2,617 feet, more or less, to the intersection with the southerly right-of-way of James Huff Road, said road having an 80 foot right-of-way; thence northeasterly across James Huff Road, 80 feet, more or less, to the intersection of the northerly right-of-way of James HuffRoad with the westerly right-of-way of U.S. Highway 78; thence continuing northeasterly along the westerly right-of-way of U.S. Highway 78 1,550 feet, more or less, to a point; thence across U.S. Highway 78 to a point on the easterly right-of-way of the aforementioned highway, said point being 1,889.69 feet, more or less, along the easterly right-of-way of U.S. Highway 78 from the intersection with the northerly right-of-way of Georgia Highway 83, said Georgia highway having an 80 foot right-of-way width; thence S 63 04' 19" E 96.36 feet to a point; thence S 83 20' 52" E 98.74 feet to a point; thence S 59 24' 31" E 198.03 feet to a point; thence S 34 23' 34" r 957.93 feet to a point; thence N 51 05' 28" E 559.54 feet to a point; thence N 04 39' 52" W 1,057.99' to a point; thence N 08 30' 56" W to the intersection with an unnamed branch tributary to Jacks Creek; thence generally southwesterly along the centerline of said branch to the intersection with the southerly right-of-way of U.S. Highway 78; thence along the southerly right-of-way of U.S. Highway 78 to the north property corner of a parcel now of formerly owned by Couch; thence northeasterly 596.46 feet along a curve being the southerly right-of-way of U.S. Highway 78, said curve having a chord N 56 55' 05" E 595.24 feet and a 2,684.79 foot radius; thence continuing along the highway right-of-way N 63 20' 05" E 865.45 feet to a point; thence continuing along the highway

4380 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
right-of-way N 26 39' 55" W 15.24 feet to a point; thence continuing along the highway right-of-way N 60 20' 05" E 685.97 feet to a point; thence northeasterly 583.99 feet along a curve being the southerly right-of-way of U.S. Highway 78 to a point, said curve having a chord N 60 29' 48" E 583.75 feet and a 5,894.58 foot radius, said point being the intersection of the southerly right-of-way of U.S. Highway 78 with the westerly right-of-way of Jim Daws Road, said road having an 80 foot right-of-way width; thence along the westerly right-of-way ofJim Daws RoadS 14 16' 19" E 1,449.64 feet to a point; thence continuing 365.35 feet along a curve being the westerly right-of-way of Jim Daws Road to a point, said curve having a chordS 13 49' 31" E 365.35 feet and a 23,422.37 foot radius; thence continuing along the westerly right-of-way ofJim Daws RoadS 13 47' 29" E 117.83 feet to a point; thence continuing 405.98 feet along a curve being the westerly right-of-way of Jim Daws Road to a point, said curve having a chordS 14 30' 06" E 705.97 feet and a 16,377.37 foot radius; thence continuing 184.56 feet along a curve being the westerly right-of-way of Jim Daws Road to a point, said curve having a chordS 14 43' 36" E 184.55 feet and a 10,898.77 foot radius; thence continuing 172.34 feet along a curve being the westerly right-of-way of Jim Daws Road to a point, said curve having a chord S 14 33' 16" E 172.34 feet and a 15,772.36 foot radius; thenceS 60 39' 42" W 2,35 8.36 feet to a point; thence S 21 35' 10" E 1,300.23 feet to a point; thence N 60 44' 19" E 681.23 feet to a point; thence S 19 16' 34" E 1,135.84 feet to a point on the northerly right-of-way of Snows Mill Road, said road having a 100 foot right-of-way width; thence 144.45 feet along a curve being the northerly right-of-way of Snows Mill Road to a point, said curve having a chord S 53 09' 30" W 144.39 feet and a 1,372.23 foot radius; thence 154.03 feet along a curve being the northerly right-of-way of Snows Mill Road to a point, said curve having a chord S 47 51' 29" W 153.98 feet and a 1,931.51 foot radius; thence 376.91 feet along a curve being the northerly right-of-way of Snows Mill Road to a point, said curve having a chordS 37 35' 37" W 375.69 feet and a 1,353.11 foot radius; thence 197.88 feet along a curve being the northerly right-of-way of Snows Mill Road to a point, said curve having a chord S 29 23' 05" W 197.86 feet and a 4,612.41 foot radius; thence continuing along the northerly right-of-way of Snow Mill Road S 27 09' 21" W 181.29 feet to a point; thence N 50 25' 07" W 583.2 feet, more or less, to the intersection with the centerline of Jacks Creek; thence 2,813 feet, more or less along the centerline of Jacks Creek the intersection with a line parallel to and 35.00 feet from the northerly right-of-way of Georgia Highway 83, said creek centerline end points being connected by a traverse line with the following courses; S 66 03' 30" W 232.96 feet, S 86 22' 59" W 703.28 feet, S 86 18' 21" W 425.53 feet, N 87 11' 22"W 154.08 feet, S 79 42' 45" W 277.62 feet, N 87 35' 03" W 174.41 feet, S 73 14' 19" W 223.47 feet, S 33 50' 21" W 185.14 feet, S 25 28' 53" W 182.60 feet and S 23 59' 45" W 167.21 feet, more or less; thence along the line parallel to the northerly right-of-way of Georgia Highway 83, said highway having a 170 foot right-of-way width, N 28 27' 03"

GEORGIA LAWS 2006 SESSION

4381

W 715.89 feet, more or less, to a point; thence N 28 27' 45" W 620.41 feet to a point; thence N 60 50' 00" E 690.78 feet to an iron pin; thence N 28 24' 59" W 700.00 feet to an iron pin; thence S 60 50' 00" W 725.78 feet to a point, said point being on the northeasterly right-of-way of Georgia Highway 83; thence along the northeasterly right-of-way of Georgia Highway 83 S 28 24' 59" E 700.05 feet to a point; thence continuing along the right-of-way of Georgia Highway 83 S 28 27' 45" E 620.03 feet to a point; thence continuing along the right-of-way of Georgia Highway 83 S 28 27' .03" E 730.99 feet to a point; thence continuing along the right-of-way ofGeorgia Highway 83 S 61 32' 57" W 23.35 feet to a point; thence continuing along the right-of-way of Georgia Highway 83 S 28 35' 31" E 34.15 feet to a point, said point being the intersection of the aforementioned Georgia Highway 83 right-of-way, said right-of-way having an 80 foot width, with the centerline of Jacks Creek; thence across Georgia Highway 83 to a 3/4 inch diameter aluminum pin marking the intersection of the southerly right-of-way of said highway with the centerline of Jacks Creek; thence 2,899 feet, more or less, along the centerline of Jacks Creek to the intersection with the centerline of Black Branch, said creek centerline end points being connected by a traverse line with the following courses; S 61 08' 15" W 11.51 feet, S 70 43' 37" W 92.71 feet, S 62 15' 04" W 98.36 feet, S 67" 09' 49" W 69.06 feet, S 68 32' 29" W 165.93 feet, S 65 23' 21" W 390.32 feet, S 55 20' 40" W 130.77 feet, N 79 50' 10" W 138.38 feet, N 73 48' 32" W 33.74 feet, N 83 38' 34" W 363.81 feet, N 85 29' 24" W 224.18 feet, N 80 47' 40" W 116.11 feet, S 81 28' 17" W 113.81 feet, N 44 03' 41" W 121.31 feet, N 44 03' 41" W 121.31 feet, N 59 31' 41" W 54.97 feet, N 44 52' 34" W 60.51 feet, N 46 36' 37" W 195.97 feet, N 45 35' 31" W 118.56 feet, S 75 40' 13" W 18.78 feet, N 35 44' 46" W 86.31 feet, N 44 38' 18" W 178.35 feet and N 49 47' 56" W 107.1 feet, more or less; thence 828 feet, more or less, along the centerline of Black Branch to the intersection with an arc, said arc having its center point at the aforementioned point of commencement and a radius of 9,240.00 feet; thence along the aforementioned arc 3,774 feet, more or less, to a nail and cap on the centerline of East Church Street, formerly State Route 83, said nail and cap being the point of beginning. The above described City of Monroe Corporate Limits contains an area of 14 square miles, more or less."

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 2006 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City ofMonroe, approved April 8, 1971 (Ga. L. 1971, p. 3221) as amended; and for other purposes.

4382 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 16th day of February, 2006.
Representative JeffMay 11th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff May, who on oath deposes and says that he is the Representative from District 111 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County on February 22, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JEFF MAY Jeff May Representative, District 111
Sworn to and subscribed before me, this 28th day of February 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.
CITY OF SAVANNAH- REDEVELOPMENT POWERS; REFERENDUM.
No. 828 (House Bill No. 1375).
AN ACT
To authorize the City of Savannah to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2006 SESSION

4383

SECTION 1. The City of Savannah shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of Savannah to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph Vll(b) of the Constitution ofthe State of Georgia of 1983, as amended, and to authorize the City of Savannah to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the 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, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which authorizes Savannah to exercise redevelopment powers under the 'Redevelopment Powers Law,' as
NO ( ) it may be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and 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, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Savannah. 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.

4384 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4. 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 2006 session of the General Assembly of Georgia a bill to authorize the City of Savannah to exercise the powers as set forth in Article IX, Section II, Paragraph VII of the Constitution and defined by general law in O.C.G.A. Chapter 44 of Title 36 and to provide that said local law shall become effective only if approved in a special election by a majority of the qualified voters pursuant to O.C.G.A. 36-44-22 and for other purposes.
James B. Blackburn & Futrell
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 164 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 February 4, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
sf RON STEPHENS Ron Stephens Representative, District 164
Sworn to and subscribed before me, this 9th day of February, 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.

GEORGIA LAWS 2006 SESSION

4385

CITY OF LEESBURG- MUNICIPAL COURT; QUALIFICATIONS OF JUDGES; PENALTIES.

No. 829 (House Bill No. 1366).

AN ACT

To amend an Act providing a new charter for the City of Leesburg, approved April 17, 1973 (Ga. L. 1973, p. 2851 ), as amended, particularly by an ordinance filed with the Secretary of State on September 16, 1976 (Ga. L. 1977, p. 4639), so as to provide for a municipal court for the City of Leesburg; to provide the City Council certain powers to determine qualifications and requirements relating to municipal court judges; to provide for certain penalties for violations under the jurisdiction ofthe municipal 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 providing a new charter for the City of Leesburg, approved Aprill7, 1973 (Ga. L. 1973, p. 2851 ), as amended, particularly by an ordinance filed with the Secretary of State on September 16, 1976 (Ga. L. 1977, p. 4639), is amended by striking the introductory paragraph and subparagraphs ( 1) and (2) of paragraph (46) of Section 1.13 and inserting in lieu thereof the following:
'(46) There shall be and there is hereby established in and for the City of Leesburg to be conducted in such manner and at such time, except Sunday as the City Council may prescribe, a municipal Court in which the Municipal Court judge shall be the presiding officer, in case of the absence or disability of the presiding officer for any cause, municipal court judge or any judge of any court of record which regularly hears traffic offenses or ordinance violations, shall preside. The procedure for appointment, compensation, qualifications and tenure of the municipal judge, shall be set forth by the City Council in ordinances addressing same. The procedure in said court, with reference to the conduct and trial of cases therein, not in conflict with this section of the Charter or the general law shall be prescribed by the City Council or by rule or order of the presiding officer thereof not in conflict with the Charter or City Ordinance on the subject, and the City Council shall have the power to provide by ordinance for the compulsory attendance ofall persons violating any municipal ordinance before said municipal court, by summons or copy of charges, to answer the offense charged, and when employed, such summons or copy of the charges shall be issued as provided for subpoenas and shall contain a summary or simple statement of the offense charged, and disobedience of said summons or copy of charges shall be punished as provided for disobedience of subpoenas.

4386 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) Jurisdiction: Authority to Punish: Extent of Penalty, Etc. Said municipal court shall have jurisdiction to try all offenders against the laws and ordinances of the City of Leesburg committed within the corporate limits or police jurisdiction, and to punish persons convicted in said court ofviolating such laws and ordinances in a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the Lee County Jail or other place provided, or by compulsory labor on the streets or other public works or community service not to exceed six (6) months and either one or more of such punishments may be imposed, or the several punishments may be cumulative, or the fines may be imposed with alternative of such imprisonment or compulsory labor or coerced or enforced by said punishment or labor; provided, that the punishments, within the limits prescribed, shall only be imposed by said court in the amount and manner prescribed by the penal ordinances of said city, but in the event no penalty be provided for the doing of which is made unlawful by ordinances, the court shall have power to proceed to impose the punishments as herein enumerated. The jurisdiction of said municipal court shall further extend to the investigation of any charge involving or amounting to a violation of the penal laws of the State of Georgia, when such charge is entered upon the docket of said court and when the offense is alleged to have been committed within the corporate or police limits of the city, and provided such charges are made in writing and verified to the best of the knowledge and belief of the person making the same. (2) Powers of Presiding Officer Generally: Contempt, Etc. The presiding officer of said court shall have the same power as judges of the superior court of this state to punish for contempt of said municipal court by a fine not to exceed two hundred fifty dollars ($250.00) or imprisonment in the Lee County Jail, or other place provided, not to exceed ten days, and either or both of said punishments may be imposed in the discretion of the court, or the fine may be imposed with the alternative of such imprisonment, or coerced by such imprisonment. Said presiding officer of said court shall be to all intents and purposes a magistrate insofar as to enable him or her to issue warrants for offenses committed within the City of Leesburg or its police jurisdiction against the penal laws of this state, this either before a hearing or trial of the charge in said municipal court; provided, the affidavit required by law to obtain warrants is first made before said presiding officer, which warrant may be executed by any member of the police force of the city. Said presiding officer of said court as such ex officio magistrate, shall have the power and authority to commit to the jail of Lee County offenders against the law of the State of Georgia, and to admit them to bail, in bailable cause, for their appearance at the next term of the court of competent jurisdiction to be held in and for the County ofLee, after legal investigation, and shall, if the evidence in the trial of an offense against the ordinances of

GEORGIA LAWS 2006 SESSION

4387

the city discloses the violation of any state law, have the power to bind the defendant over as above set forth.'

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 BILL COMES NOW THE CITY OF LEESBURG, GEORGIA, by and through its Mayor and Council and provides notice of the intention to introduce local legislation to amend the City Charter 1.13(46) as it relates to the municipal court judge's appointment and compensation; contempt power; and the generaljurisdiction ofthe court such that the Council may thereafter provide for appointment of a municipal court judge and provide for compensation by ordinance; such that the contempt fines be increased from $25.00 per occurrence to $250.00 per occurrence; such that fines for ordinance violation be allowed up to $1,000.00 plus statutory prescribed surcharges and fees; such that imprisonment be in the Lee County jail or community service not to exceed six (6) months. Such Bill shall be introduced in the 2006 session of the General Assembly in either the Georgia House of Representatives or the Georgia Senate by the local legislative delegation. This Notice is being provided pursuant to O.C.G.A. 28-1-14.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who on oath deposes and says that he is the Representative from District 148 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Lee County Ledger which is the official organ of Lee County on December 14, 2005, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BOB HANNER Bob Hanner Representative, District 148

Sworn to and subscribed before me, this 26th day of January 2006.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

4388 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
TOWN OF PULASKI-MAYOR AND COUNCIL; COMPENSATION; DUTIES.
No. 830 (House Bill No. 1363).
AN ACT
To amend an Act creating a new charter for the Town ofPu1aski, approved April9, 1999 (Ga. L. 1999, p. 3946), as amended, so as to provide authority for the mayor and councilmembers to perform and be compensated for duties related to the operation of the water system and other administrative functions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the Town of Pulaski, approved April 9, 1999 (Ga. L. 1999, p. 3946), as amended, is amended by adding subsections (f), (g), and (h) to Section 3.10 to read as follows:
'(f) The town council may designate the mayor or a councilmember as water system superintendent in which capacity said individual shall be authorized to perform and be compensated for duties related to the operation ofthe town water system. In the event the town council designates the mayor or a councilmember as water system superintendent, the town council shall establish compensation for the assumption of such duties. (g) The town council may designate the mayor or a councilmember as assistant water system superintendent to assist the water system superintendent in the performance of duties related to the operation of the town water system and be compensated therefor. In the event the town council designates the mayor or a councilmember as assistant water system superintendent, the town council shall establish compensation for the assumption of such duties. (h) The town council may designate the mayor or a councilmember to perform duties necessary for the proper administration of the affairs and government of the town in which capacity the mayor or a councilmember shall be authorized to perform and be compensated for the undertaking of said duties. The town council shall establish compensation for the assumption of such duties.'

GEORGIA LAWS 2006 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

4389

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced in the regular 2006 session of the General Assembly of Georgia, a bill to amend an Act that provided a new charter for the Town of Pulaski in the County of Candler approved April 9, 1999, (Ga. L. 1999, p. 3946) as amended, so as to provide authority for the mayor and council members to perform and be compensated for certain duties related to the water system and other administrative functions; to provide for related matters; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Butch Parrish, who on oath deposes and says that he is the Representative from District 156 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 February 1, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BUTCH PARRISH Butch Parrish Representative, District 156
Sworn to and subscribed before me, this 15th of February 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

4390 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CATOOSA COUNTY-TAX COMMISSIONER; CLERICAL ALLOWANCE.
No. 832 (House Bill No. 1354).
AN ACT
To amend an Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 193 7, p. 1267), as amended, particularly by an Act approved April16, 1999 (Ga. L. 1999, p. 4236), so as to increase the clerical allowance for the tax commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4236), is amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows:
'SECTION 5. The tax commtsswner of Catoosa County shall receive an annual salary as provided in Code Section 48-5-183 of the O.C.G.A. payable in equal monthly installments. There shall also be paid to the tax commissioner, but not as personal funds of the tax commissioner, the sum of $2 75,000.00 per annum, to be paid in equal semimonthly installments for clerical help necessary for the performance of the duties of said office. 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 that the fifth degree of consanguinity or affinity. In the event the maximum allowance for clerical help is not needed for such purpose, then the unused portion thereof shall remain as part of the general funds of the county.'
SECTION 2. This Act shall become effective on January I, 2007.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

GEORGIA LAWS 2006 SESSION

4391

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that the Tax Commissioner will request at the 2006 Regular Session of The General Assembly of Georgia Local Legislation to Amend an Act creating the office of Tax Commissioner of Catoosa County, Georgia, as amended, so as to place the Tax Commissioner on an annual salary in lieu of fees and to increase the clerical help allowance; to repeal conflicting laws; and for other purposes.

This 3rd day of January, 2006.

Sandra Self, Catoosa County Tax Commissioner

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 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on January 11,2006, and that the notice requirements of Code Section 28-1-14 have been met.

sf RON FORSTER Ron Forster Representative, District 3

Sworn to and subscribed before me, this 14th day of February, 2006.

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

Approved May 5, 2006.

4392 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MACON WATER COMMISSIONERS PENSION PLAN SEVERANCE OPTION.
No. 833 (House Bill No. 1348).
AN ACT
To amend an Act entitled "Macon Water Commissioners Pension Plan," approved December 20, 1953 (Ga. L. 1953 November-December Session, p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3946), so as to provide a severance option for persons who terminate membership in such plan; 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 entitled "Macon Water Commissioners Pension Plan," approved December 20, 1953 (Ga. L. 1953 November-December Session, p. 2831 ), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3946), is amended by striking in its entirety paragraphs 7 and 8 of subsection (a) of Section 6 and inserting in lieu thereof the following:
"(7)(A) In the event a member terminates his or her service, or such service is terminated for any reason other than death or cause, for which the member receives benefit payments elsewhere under this Act, the member may elect to:
(i) Receive a severance benefit equal to the full amount of his or her total contributions to the Pension Fund, as calculated in subsection (a) of Section 4 of this Act, together with simple interest thereon at the rate of 75 percent ofthe actuarial interest assumption figures in effect during such member's time of service. Such interest shall be calculated on contributions made through the end of the year preceding the year of the member's termination; or (ii) Roll such distribution over into an eligible retirement plan specified by the member. (B) If a member fails to provide written consent and direction for distribution as provided in subparagraph (A) of this paragraph, the provisions of this subparagraph shall apply. If the amount ofthe member's benefit is less than $1,000.00, the member shall automatically receive a distribution of the benefit in a lump sum. If the amount of the member's benefit is $1,000.00 or more, the plan administrator shall pay such benefit in a direct rollover to an individual retirement plan designated by the plan administrator.

GEORGIA LAWS 2006 SESSION

4393

(8)(A) In the event a member with at least five years service credit terminates his or her service, or such service is terminated for any reason other than death or cause, for which service such member is not entitled to receive benefits elsewhere under this Pension Plan, such member's benefits shall be vested. The member may elect an option under this paragraph. 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. (B) If a member subject to this paragraph elects not to withdraw his or her contributions from the fund, he or she may either:
(i) Defer receiving a benefit until he or she reaches age 63; or (ii) If his or her service would have totaled 25 years at age 63 if he or she had remained in the service of the authority, begin receiving an actuarially reduced benefit prior to age 63. (C) If a member subject to this paragraph elects to withdraw his or her contributions from the plan, the member may either: (i) Receive such distributions directly; or (ii) Roll such distribution over into an eligible retirement plan specified by the member. (D) If a member fails to make an election under this paragraph within 12 months of termination of service, the provisions of this subparagraph shall apply. If the amount of the member's benefit is less than $1,000.00, the member shall automatically receive a distribution of the benefit in a lump sum. If the amount of the member's benefit is $1,000.00 or more, the plan administrator shall pay such benefit in a direct rollover to an individual retirement plan designated by the plan administrator."

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 2006 session of the General Assembly of Georgia a bill to amend and Act entitled "Macon-Water Commissioners Pension Plan," approved December 30, 1953 (Ga. L. 1953, November- December Session p. 2831), as amended; and for other purposes.
This 3rd day of February, 2006.
Macon W atrer Authority By: Edgar E. Ennis, Jr.. Attorney

4394 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David E. Lucas, Sr., who on oath deposes and says that he is the Representative from District 139 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 7, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID E. LUCAS, SR. David E. Lucas, Sr. Representative, District 139
Sworn to and subscribed before me, this 13th day of February, 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
DEKALB COUNTY- SHERIFF; VACANCIES.
No. 837 (House Bill No. 1514).
AN ACT
To provide for the filling of vacancies in the office of sheriff ofDeKalb County; to provide that the chief deputy shall discharge the duties of sheriff until such office is filled; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. When a vacancy in the office of sheriff ofDeKalb County occurs, the chief deputy shall discharge the duties of sheriff until the vacancy is filled at the next special election; provided, however, that if it is not more than six months between the time such election can be called by the judge of the probate court and held and the

GEORGIA LAWS 2006 SESSION

4395

expiration of the existing term, the chief deputy shall discharge the duties of the office for the balance of the term and there shall be no special election.

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 2006 session of the General Assembly of Georgia a bill to provide for the filling of vacancies in the office of sheriff of DeKalb County; to provide that the chief deputy shall discharge all duties of the sheriff until such office is filled; to provide for related matters; and . for other purposes.
Representative Billy Mitchell 88th District
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 88 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 23, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BILLY MITCHELL Billy Mitchell Representative, District 88
Sworn to and subscribed before me, this 28th day of February 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 5, 2006.

4396 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF KENNESAW- CORPORATE LIMITS.
No. 838 (House Bill No. 134 7).
AN ACT
To amend an Act creating a new charter for the City of Kennesaw, approved AprillO, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the provisions relating to 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 creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, is amended by adding at the end of Section 1.02 the following:
'The corporate limits of the City of Kennesaw shall also include the following described parcels ofland:
TRACT NO.1 All that tract or parcel of land lying and being in Land Lot 136, 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
Beginning at an iron pin placed at the northeast corner of the intersection of Big Shanty Road (50' R/W) and Carrie Road (50' R/W); thence running north 03 degrees 51 minutes 16 seconds east along the easterly right-of-way line of Carrie Road, 220.10 feet to an open top pipe found at the southwest corner of Lot 3 of Big Shanty Industrial Park, as per Plat recorded in Plat Book 154, Page 95, Cobb County records; thence running south 87 degrees 35 minutes 51 seconds east along the southerly line ofsaid Lot 3, 198.27 feet to a rebar found at the northwest corner of Lot 4 of the said Big Shanty Industrial Park; thence running south 03 degrees 54 minutes 52 seconds west along the westerly line of said Lot 4, 220.23 feet to an open top pipe found on the northefly right-of-way line of Big Shanty Road and the southwest corner of said Lot 4; thence running north 87 degrees 33 minutes 39 seconds west along the northerly right-of-way line of Big Shanty Road, 198.04 feet to the Point of Beginning, being 43,612 S.F. more fully shown on the Above The Ground As Built Survey prepared for McGee & Oxford, LLP, by Solar Land Surveying Company, John W. Stanzilus, Jr., Registered Land Surveyor No. 2108, dated September 9, 2004.
TRACT NO.2 1503 Old 41 Highway

GEORGIA LAWS 2006 SESSION

4397

All that tract or parcel of land lying and being in Land Lot 212 of the 20th District, 2nd Section of Cobb County, Georgia, as shown on plat of survey made for Jerry W. Cooper and Debbie L. Cooper by Lana S. Bishop, Registered Land Surveyor, dated March 30, 1973, and being more particularly described as follows:
BEGINNING at an iron pin at the point of intersection of the southwesterly side of Old 41 Highway and the South line of Land Lot 212, running thence northwesterly along the southwesterly side of Old 41 Highway, and following the curvature thereof, 398.8 feet to an iron pin, thence South 12 degrees 42 minutes West 285. 62 feet to a marble marker on the South line of Land Lot 212; thence South 88 degrees 34 minutes 57 seconds East along said Land Lot line 320 feet to the point of beginning.

1515 Old 41 Highway All that tract or parcel of land lying and being in Land Lot 212 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a marble corner on the south line of said Land Lot 212, at the southwest corner of property now or formerly owned by E. W. Harris; running thence northeasterly along the northwesterly line of said Harris property, two hundred eighty-six (286) feet to an iron pin on the southwesterly line of Old U.S. Highway No. 41; running thence northwesterly along the southwesterly line of said Highway, two hundred twenty-one (221) feet to an iron pin at the northeast corner of property now or formerly owned by Harold T. Ellison; running then southwesterly along the southeasterly line of said Ellison Property, four hundred thirty-seven (437) feet to an iron pin on the south line of said Land Lot 212; running thence east along the south line of said Land Lot 212, two hundred (200) feet to a marble corner and the point of beginning, said premises being shown by plat of survey prepared by J.P. Phillips, Surveyor, date March 21, 1957.

1535 Old 41 Highway Parcel14 All that tract or parcel of land lying and being in Cobb County, Georgia, and in the 20th District and 2nd Section and in Land Lot No. 212 and containing 2.27 (Two and Twenty-Seven One-Hundredths) acres and is more particularly described as follows:
BEGINNING at an iron pin on the south west side of Old U.S. Highway No. 41 and at the north west comer of property now or formerly owned by Howard D. Ellison, (this iron pin is also 236 feet, more or less, as measured along the south west side of Old U.S. Highway No. 41 from a driveway that leads south from the Old U.S. Highway near this point), thence running south 11 degrees west along the land now or formerly owned by Howard D. Ellison, 43 7 feet to an iron pin on the original land line that is on the south

4398 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
side of said lot, thence west along the original line 200 feet to an iron pin, thence north II degrees east along the land now or formerly owned by C. L. Ellison, 580 feet to an iron pin on the south west side of Old Highway No. 41, thence south easterly along the south west side of Old Highway No. 41, 221 feet to an iron pin and point of beginning.
1535 Old 41 Highway Parcel29 All that tract or parcel of land lying and being in Land Lot 212 of the 20th District, 2nd Section, Cobb County, Georgia, being part of the land shown in said land lot on plat ofsame prepared by J.P. Phillips, dated August 30, 1961, said pIat being design ated property of C.L. Ellison and being more particularly described as follows:
TO FIND THE POINT OF BEGINNING, BEGIN at the intersection ofthe center line of the Georgia Power Company power line with the south west side of the right of way of Old Highway 41 as is shown on the aforesaid plat, thence run southerly along the west property line of the property now or formerly owned by Mrs. Belle Ellison for a distance of 502 feet to an iron pin; thence running east southeasterly along the southerly side of the property now or formerly owned by Mrs. Belle Ellison and forming an interior angle within property now or formerly owned by Mrs. Belle Ellison of 87 degrees 17 minutes and running for a distance of 339.4 feet to an iron pin and corner and the point of beginning; from this point of beginning thence run southerly forming an interior angle with the preceding course of 94 degrees 3 5 minutes for a distance of 200 feet along the property belonging to Harold T. Ellison and being transferred to Mary Morris Ellison this date; thence running westerly forming an interior angle of85 degrees 25 minutes with the preceding course for a distance of 200 feet; thence running northerly forming an interior angle with the preceding course of 94 degrees 35 minutes for a distance of 200 feet to an iron pin and corner and the property now or formerly owned by Mrs. Belle Ellison; thence running southerly forming an interior angle with the preceding course 85 degrees 25 minutes for a distance of 200 feet to an iron pin and corner and the point of beginning. The above-described property is in the shape of a parallelogram and is part of the tract of property, which was conveyed to Harold T. Ellison by C. L. Ellison on March 14, 1966, by deed recorded in Deed Book 900, Page 563, Cobb County Records, Georgia.
1565 Old 41 Highway All that tract or parcel of land lying and being in Land Lot No. 212 of the 20th District, 2nd Section, Cobb County, Georgia, as shown on plat of same prepared by Robert T. Weaver, Surveyor, dated December 30, 1959, recorded

GEORGIA LAWS 2006 SESSION

4399

in Plat Book 20, Page 41, Cobb County Records, Georgia, and being more particularly described as follows:
BEGINNING at an iron pin located on the Southwest side of the Old U.S. Highway 41 (Dixie Highway) 338 feet Southeasterly of the intersection of the Southeast side of the Collins Road right of way with the Southwest side of the Old U.S. Highway 41 (Dixie Highway) right ofway; Thence running South 49 degrees 37 minutes East for a distance of 309.5 feet along the Southwest side of the Old U.S. Highway 41 (Dixie Highway) right of way to an iron pin and comer; thence running South 12 degrees 08 minutes West for a distance of 380 feet to an iron pin and corner; thence running North 72 degrees 46 minutes West for a distance of 339 feet to an iron pin and corner; thence running North 19 degrees 33 minutes East a distance of 500.5 feet to an iron pin and corner and the point of beginning.

TRACT NO.3 ALL that tract of parcel of land lying and being located in Land Lot 63, of the 20th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:
To find the TRUE POINT OF BEGINNING commence at an iron pin located at the intersection of the Northeasterly right-of-way of the CSX Railroad (right-of-way varies and the North line of Land Lot 63 and running thence in a Southeasterly direction along the Northeasterly right-of-way of the CSX Railroad and following the curvature thereof for an arc distance of 324.73 feet (said arc having a radius of 2162.15 feet with a chord of South 63 degrees 45 minutes 36 seconds East 324.43 feet to a point; thence running South 59 degrees 27 minutes 27 seconds East along the Northeasterly right-of-way of the CSX Railroad for a distance of 179.48 feet to an iron pin (#4 rebar) which is the TRUE POINT OF BEGINNING; thence running North 30 degrees 32 minutes 33 seconds East for a distance of 138.60 feet to an iron pin (#4 rebar); thence running South 80 degrees 43 minutes 16 seconds East for a distance of 275.74 feet to an iron pin (#4 rebar); thence running South 30 degrees 32 minutes 33 seconds West for a distance of 170.00 feet to an iron pin (#4 rebar) located on the Northeasterly right-of-way of the CSX railroad; thence running North 74 degrees 24 minutes 17 seconds West along the Northeasterly right-of-way of the CSX Railroad for a distance of 265.97 feet to an iron pin (#4 rebar) which is the TRUE POINT OF BEGINNING. Said tract contains 0.91 acres.

TRACT NO.4 1695 Kennesaw-Due West Road All that tract or parcel of land lying and being in land lot 216 of the 20th district, 2nd section, Cobb County, Georgia, and being known as 0.95 acres as per plat of survey prepared by North Georgia Engineers, Inc. for Steve

4400 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Womack, dated July 20, 198 8, and being more particularly described as follows:
Beginning at a point located on the west right-of-way of Kennesaw-Due West Road, said point being located a distance of 941.50 feet in a southerly direction from the intersection of the west right-of-way of Kennesaw-Due West Road with the north line of Land Lot 215; running thence in a southwesterly direction along the west right-of-way of Kennesaw-Due West Road a distance of 190.00 feet to a point; running thence South 89 degrees 32 minutes 00 seconds West a distance of 204.49 feet to a point; running thence North 03 degrees 49 minutes 00 seconds West a distance of 189.52 feet to a point; running thence North 89 degrees 32 minutes 00 seconds East a distance of 233.00 feet to the west right-of-way of Kennesaw-Due West Road and the point of beginning.
1701 Kennesaw Due-West Road All that tract or parcel of land lying and being in land lot 216 of the 20th district, 2nd section, Cobb County, Georgia, and being that property shown on a plat of survey prepared for Virgil Womack by J.P. Phillips, Surveyor, on March 20, 1963, and being more particularly described as follows:
BEG INNING at an iron pin on the west side of Kennesaw-Due West Road 597.5 feet southerly of the point where said road intersects the north original line of said land lot; running thence south along the west side of said Kennesaw-Due West Road 644 feet to an iron pin; thence west 248 feet to an iron pin; thence northwesterly forming an interior angle of 93 degrees 21 minutes with the preceding course 300 feet to an iron pin on the center line of a Georgia Power Company Tower line; thence continuing northwesterly forming an interior angle of 190 degrees with the preceding course 402 feet to an iron pin; thence easterly forming an interior angle of 70 degrees with the preceding course 422 feet to the iron pin at the point of beginning.
1751 Kennesaw Due-West Road All that tract or parcel of land lying and being in land lot 216 of the 20th district, 2nd section, Cobb County, Georgia as shown survey prepared for Mrs. C. E. Wilkins, Sr., by J. P. Phillips, Surveyor, dated November 1, 1966, and being more particularly described as follows:
BEGINNING at an iron pin on the westerly side of Kennesaw-Due West Road 387.5 feet southerly, as measured along the westerly side of Kennesaw-Due West Road, from the intersection of the westerly side of Kennesaw-Due West Road with the north line of Land Lot 216; run thence southerly along the westerly side of Kennesaw-Due West Road a distance of 210 feet to an iron pin; run thence westerly a distance of 422 feet to an iron pin; run thence northerly a distance of 210 feet to an iron pin; run thence easterly along a line that forms an interior angle of 98 degrees, 40 minutes

GEORGIA LAWS 2006 SESSION

4401

with the preceding course a distance of 206 feet to an iron pin; run thence easterly along a line that forms an interior angle of 167 degrees, 15 minutes with the preceding course a distance of 220.5 feet to an iron pin on the westerly side of Kennesaw-Due West Road and the point of beginning; being improved property having a house located thereon know as 222 Kennesaw-Due West Road according to the present system of numbering houses in Cobb County, Georgia.

1791 Kennesaw-Due West Road All that tract or parcel of land lying and being in land lot 216 of the 20th district, 2nd section, Cobb County, Georgia, containing 3.4 acres as shown on that certain plat of survey prepared by J.P. Phillips, registered land surveyor, dated July 3, 1962 and being more particularly described as follows:
BEGINNING at an iron pin located on the northwesterly right-of-way of Kennesaw Due West Road (40 foot right-of-way) at its intersection with the south land lot line ofland lot 203, same being the north land lot line ofland lot 216; run thence south along the northwesterly right-of-way of Kennesaw Due West Road and following the curvature thereof a distance of 38 7.5 feet to an iron pin; run thence north 12 degrees 45 minutes west, 220.5 feet to an iron pin; run thence westerly a distance of 206 feet to an iron pin; run thence north at a corner angle of88 degrees 50 minutes a distance of 300 feet to an iron pin located on the north land lot line of land lot 216; thence running east along the dividing land lot line of land lots 203 and 216; run thence at a corner angle of 90 degrees 00 minutes a distance of 600 feet to an iron pin located on the northwesterly right-of-way of Kennesaw Due West Road and the point of beginning.'

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

L-032 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2006 session of the General Assembly a bill to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, and for other purposes. This the 5th day of January 2006.
Rep. R. Steve Tumlin, Jr. Chairman, Cobb County Delegation District 38 Georgia House of Representatives

4402 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Judy Manning, who on oath deposes and says that she is the Representative from District 32 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on January 13,2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JUDY MANNING Judy Manning Representative, District 32
Sworn to and subscribed before me, this 14th day of February, 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.
CITY OF EAST DUBLIN- CORPORATE LIMITS.
No. 839 (House Bill No. 1522).
AN ACT
To amend an Act providing a charter for the City of East Dublin, approved April9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3769), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a charter for the City of East Dublin, approved April9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3769), is amended by adding a sixth unnumbered paragraph to Section 1.11 to read as follows:

GEORGIA LAWS 2006 SESSION

4403

'The corporate limits of the City of East Dublin shall also embrace the following described property:
(a) All that tract or parcel or land, lying and being in the 52nd District G .M. of Laurens County, Georgia, and aggregating 35.74 acres, more or less, and being more accurately shown by a plat of survey made by J.D. Glover, on January 11-15,1965, which plat is recorded in Plat Book 3, Page 196, Clerk's Office, Superior Court, Laurens County, Georgia. Said property is shown on said plat as being Tract No.3 containing 8.04 acres; Tract No.5, containing 4.07 acres; Tract No. 7 containing 23.27 acres, making a total of 35.74 acres, more or less; (b) All that tract or parcel ofland lying and being in the 52nd G .M. District of Laurens County, Georgia, being shown on a plat of survey made by Daniel R. Riggs, Surveyor, dated Dec. 18,1980, recorded in Deed Book 383, Page 751, records of Laurens Superior Court. Said land contains 0.27 acres, more or less, and is more particularly described as follows: BEGINNING at a point on the westerly margin of Woolen Mill Road a distance of 109 feet south from the intersection of the center line ofthe Seaboard Coast Line Railroad right-of-way and the westerly margin of said road, and from said point of beginning extending thence South 15 degrees East a distance of 89.8 feet along the westerly margin of Woolen Mill Road; thence South 75 degrees West a distance of 110 feet; thence North 15 degrees West a distance of 110 feet; thence North 75 degrees East a distance of 89.8 feet; thence South 60 degrees East a distance of 28.57 feet to the point of beginning; (c) All that certain tract, lot, or parcel of land situate, lying and being in the 52nd G .M. District of Laurens County, Georgia, containing 1.26 acres as shown by a plat of same made by Jack C. Brantley, Land Surveyor, on March 29, 1956, recorded in Deed Book 195, Page 69, Clerk's Office, Laurens County, Georgia and described as follows: BEG INNING at an iron pin on the north side of Broad Street where the property lines of the grantor and the J.P. Stevens Co., Inc. lands meet and running along said property lines in a northerly direction a distance of 361.7 feet to a 2 1/2 inch pipe at the property line of Herbert Walters, thence along the property line of Herbert Walters and the grantor herein in a southeasterly direction a distance of343 feet to an iron pin on the said Broad Street, thence along said Broad Street in a southwesterly direction a distance of366.1 feet to the iron pin at the point of beginning; and (d) All that tract or parcel ofland lying and being in the 1309th G.M. District of Laurens County, Georgia, containing 16.51 acres, more or less, and being more particularly shown and described according to a plat of survey, prepared by Danny Flanders, Surveyor, dated November 13,2000, and recorded in Plat Book 8, Page 102, Laurens County Records:

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

4404 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the 2006 General Assembly of Georgia a bill that will seek local legislation annexing into the City of East Dublin, Georgia the following described property; (a) All that tract or parcel of land, lying and being in the 52nd District G.M. of Laurens County, Georgia, and aggregating 35.74 acres, more or less, and being more accurately shown by a plat of survey made by J.D. Glover, on January 11-15, 1965, which plat is recorded in Plat Book 3, Page 196, Clerk's Office, Superior Court, Laurens County, Georgia. Said property is shown on said plat as being Tract No. 3 containing 8.04 acres; Tract No. 5, containing 4.07 acres; Tract No. 7, containing 23.27 acres, making a total of 35.74 acres, more or less; (b) All that tract or parcel of land lying and being in the 52nd G.M. District of Laurens County, Georgia, being shown on a plat of survey made by Daniel R. Riggs, Surveyor, dated Dec. 18, 1980, recorded in Deed Book 383, Page 751, records of Laurens Superior Court. Said land contains 0.27 acres, more or less, and is more particularly described as follows; BEGINNING at a point on the westerly margin of Woolen Mill Road a distance of 109 feet south from the intersection of the center line of the Seaboard Coast Line Railroad right-of-way and the westerly margin of said road, and from said point of beginning extending thence South 15 degrees East a distance of 89.8 feet along the westerly margin of Woolen Mill Road; thence South 75 degrees West a distance of 110 feet; thence North 15 degrees West a distance of 110 feet: thence North 75 degrees East a distance of 89.8 feet; thence South 60 degrees East a distance of 28.57 feet to the point of beginning; (c) All that certain tract, lot, or parcel of land situate, lying and being in the 52nd G .M. District of Laurens County, Georgia, containing 1.26 acres as shown by a plat of same made by Jack C. Brantley, Land Surveyor, on March 29, 1956, recorded in Deed Book 195, Page 69, Clerk's Office, Laurens County, Georgia and described as follows: BEGINNING at an iron pin on the north side of Broad Street where the property lines of the grantor and the J.P. Stevens Co., Inc. lands meet and running along said property lines in a northerly direction a distance of361. 7 feet to a 2_inch pipe at the property line of Herbert Walters, thence along the property line of Herbert Walters and the grantor herein in a southeasterly direction a distance of 343 feet to an iron pin on the said Broad Street, thence along said Broad Street in a southwesterly direction a distance of 368.1 feet to the iron pin at the point of beginning; and (d) All that tract or parcel of land lying and being in the 1309th G.M. District of Laurens County, Georgia, containing 16.51 acres, more or less, and being more particularly shown and described according to a plat of survey, prepared by Danny Flanders, Surveyor, dated November 13, 2000, and recorded in Plat Book 8, Page 102, Laurens County Records.

GEORGIA LAWS 2006 SESSION

4405

This____day of February, 2006.
s. DuBose Porter, Representative, 43d District

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 143 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 25, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DUBOSE PORTER DuBose Porter Representative, District 143

Sworn to and subscribed before me, this 28th day of February 2006.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)

Approved May 5, 2006.

STEPHENS COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; UNREMARRIED SURVIVING SPOUSE OF SERVICE MEMBER KILLED IN ACTION; RBFERENDUM.
No. 840 (House Bill No. 1532).
AN ACT
To provide a homestead exemption from Stephens County ad valorem taxes for county purposes for residents of that county who are unremarried surviving spouses of United States service members killed in action to be received on a current or subsequent 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; to repeal conflicting laws; and for other purposes.

4406 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Stephens County, including, but not limited to, ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Unremarried surviving spouse" of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs. (b) Any person who is a resident of Stephens County and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all Stephens County ad valorem taxation for county purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 2006, the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, is $50,000.00. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead at the time such United States service member was killed in action or any subsequent homestead which such unremarried surviving spouse actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this Act effective December 31 ofthe taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (c) In order to qualify for the exemption provided for in this Act, the unremarried surviving spouse shall furnish to the tax commissioner of Stephens County documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who as a member of the armed forces of the United States was killed or died as a result of a war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members

GEORGIA LAWS 2006 SESSION

4407

of the armed forces who were killed or who died as a result of any war or armed conflict. (d) An unremarried surviving spouse filing for the exemption under this Act shall be required to file with the tax commissioner of Stephens County information relative to marital status and other such information which the Stephens County board of tax assessors deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the tax commissioner. Once filed, the exemption shall automatically be renewed from year to year, except that the county board of tax assessors may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner in the event that person for any reason becomes ineligible for such exemption. (e) The exemption gran ted by this Act shall be in lieu of and not in addition to any other exemption from ad valorem taxation for county purposes which is equal to or lower in amount than such exemption granted by this Act. If the amount of any other exemption from ad valorem taxation for county purposes applicable to any resident qualifying under this Act is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this Act, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this Act. (f) The exemptions granted by this Act shall apply to all tax years beginning on or after January l, 2007.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Stephens County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Stephens County for approval or rejection. The election superintendent shall conduct that election on the date ofthe November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Stephens County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Stephens County ad valorem taxes for county purposes for
NO ( ) residents of that county who are unremarried surviving spouses of United States service members killed in action to be received on a current or subsequent homestead?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." Ifmore 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, 2007. If the Act is not so

4408 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Stephens 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 2006 session of the General Assembly of Georgia a bill to change the Homestead Exemption for Stephens County.
This 8th day of February, 2006.
Representative Jeanette Jamieson 22nd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who on oath deposes and says that she is the Representative from District 28 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County on February 14, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JEANETTE JAMIESON Jeanette Jamieson Representative, District 28
Sworn to and subscribed before me, this 1st day of March 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

GEORGIA LAWS 2006 SESSION
My Commission Expires Nov. 18, 2009 (SEAL) Approved May 5, 2006.

4409

CITY OF DUBLIN- CORPORATE LIMITS.
No. 841 (House Bill No. 1521).
AN ACT
To amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, particularly by an Act approved March 26, 1987 (Ga. L. 1987, p. 481 0), an Act approved March 20, 1990 (Ga. L. 1990, p. 4073), and an Act approved October 1, 2001 (Ga. L. Ex. Sess. 2001, p. 665), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved Aprilll, 1979 (Ga. L. 1979, p. 3568), as amended, particularly by an Act approved March 26, 1987 (Ga. L. 1987, p. 4810), an Act approved March 20, 1990 (Ga. L. 1990, p. 4073), and an Act approved October 1, 2001 (Ga. L. Ex. Sess. 2001, p. 665), is amended by adding at the end of Section 1.2 a new subsection (f) to read as follows:
'(f) The corporate limits of the City of Dublin shall also include the following described tracts of land:
(1) All that portion ofGa. S.R. 31/U.S. Highway 441 beginning at the center line of Long Branch Creek, the same being the present city limits of the City of Dublin, where Long Branch Creek intersects and crosses under Ga. Highway 31/U.S. Highway 441, then extending in a southerly direction a distance of one and one tenths ( 1.1) miles for the uniform width of the right of way of said highway to the most easterly right of way of Southern Pines Road, (County Road #354), said section of road way lying and being in the first land district of Laurens County, Georgia. Also, all that portion of Ga. S.R. 311 U.S. Highway 441 beginning at the most easterly right of way of Fire Tower Road (County road #3 37), then extending in a southerly direction a distance of one half (0.5) mile for the uniform width of the right of way of said highway to the most southerly right of way ofU nited States Interstate Highway 16, said section of roadway lying and being in the first land district of Laurens County, Georgia

4410 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) Two contiguous tracts both fronting on Highway 441 South and more particularly described as follows:
Tract I All that tract or parcel of land situate, lying and being in the First Land District of Laurens County, Georgia, located on the northwestern side of U.S. Highway 441 and fronting 150 feet on the northwest side of said highway and extending back northwesterly in uniform width a distance of 550 feet. Said tract is known as Tract 5 according to a plat of survey of a subdivision of property of Charles H. McMillan by Jack C. Brantley, Land Surveyor, dated September 24, 1959, and recorded in Deed Book 175, page 134, Laurens County Records, which plat is by this reference incorporated as part of this description. This is the same property conveyed to the Department of Transportation in a Right of Way Deed dated June I, 1989 and recorded in Deed Book 547, page 49, Laurens County Records.
Tract II All that tract or parcel ofland, lying and being in Land Lot 135 of the First Land District of Laurens County, Georgia, which parcel of land fronts 150 feet on the northwesterly side of the Dublin-McRae Highway (U.S. Highway 441, south), and extending back in even width in a northwesterly direction a distance of 55 0 feet. Said parcel of land is more particularly described as Lot 6 ofsubdivision ofCharles H. McMillan, as per plat of survey prepared by Jack Brantley, Georgia Registered Land Surveyor No. 541, dated September 24, 1959, said plat of survey being recorded in Deed Book 175, Page 134, Laurens County, Georgia Records. Said plat of survey is incorporated herein by reference for a more complete description. This is the same property purchased by the Department of Transportation in a Deed recorded in Deed Book 548, page 174, Laurens County Records. (3) All that portion of Firetower Road (County Road #33 7), beginning at its intersection with Ga. S.R. 31/U.S. Highway 441 and extending in a southerly direction a distance of one and two tenths (1.2) miles for the uniform width of the right of way to its intersection with Southern Pines Road (County Road# 156), said section of road way lying and being in the first land district of Laurens County, Georgia. (4) All of County Farm Road (County Road #155), beginning at its intersection with Firetower Road and extending in a northeasterly direction a distance of .6 miles for the uniform width of the right ofway to the intersection of County Farm Road (County Road #155) and Southern Pines Road (County Road# 156), said section of road way lying and being in the first land district of Laurens County, Georgia. (5) All of Southern Pines Road (County Road #156), beginning at its most northerly intersection with County Farm Road (County Road #155), and extending in a southerly direction from the centerline of County Farm Road

GEORGIA LAWS 2006 SESSION

4411

(County Road #155) a distance of five thousand four hundred and six feet (5,406 feet) for the uniform width of the right of way to a point on said road, said section of road way lying and being in the first land district of Laurens County, Georgia. (6) Industrial Boulevard (County Road #493) beginning at its intersection with Ga.State Highway 26/U.S. Highway 80 extending in a southerly direction a distance of 2.9 miles for the uniform width of the right of way to its intersection with Ga. Highway 31/U.S. Highway441, said section of road way lying and being the first land district of Laurens County, Georgia. (7) All that portion of Ga. State Route 26/U.S. Highway 80 beginning at Walke Dairy Road (County Road #338)/Mall Road with State Route 26/ U.S. Highway 80 extending in a westerly direction a distance of one and nine tenths (1.9) miles for the uniform width of the right of way to the center line of Sandy Ford Creek, said section of road way lying and being in the first land district of Laurens County, Georgia. (8) All that portion of Springdale Drive beginning at its intersection with Ga. State Highway 26/U .S. Highway 80 extending in a northeasterly direction a distance of .8 miles for the uniform width of the right of way to the intersection of Springdale Drive with Jeffery Drive said section of road way lying and being in the first land district of Laurens County, Georgia. (9) All that portion of Claxton Dairy Road (County Road #530), beginning at the most easterly intersection of Claxton Dairy Road with the land described as follows:
All those tracts or parcels of land situate lying and being in land lot 216 of the first land district of Laurens County, Georgia being known and described as lots B, C, D, E and F as more particularly described on a plat of survey prepared by Marvin D. Clements, Land Surveyor, dated October 11, 1976 and recorded in Deed Book 390, page 57 and in Deed Book 365, page 187 in the Office of the Clerk of Superior Court of Laurens County, Georgia said plat and records being herein incorporated and made a part hereof; and from said beginning point extending a distance of nine tenths (0.9) mile for the full width of the Right of Way to Pinehurst Drive, said section of road way lying and being in the first land district of Laurens County, Georgia. (10) All those tracts or parcels of land situate lying and being in land lot 216 ofthe first land district ofLaurens County, Georgia being known and described as lots B, C, D, E and F as more particularly described on a plat of survey prepared by Marvin D. Clements, Land Surveyor, dated October 11, 1976 and recorded in Deed Book 390, page 57 and in Deed Book 365, page 187 in the Office of the Clerk of Superior Court of Laurens County, Georgia said plat and records being herein incorporated and made a part hereof. ( 11) All that tract or parcel of land located in land lot 170 of the first land district of Laurens County, Georgia containing 95.3 9 acres being the same property acquired by the Dublin-Laurens Development Authority from Mary Faith Scarborough Sally, Warranty Deed dated 1/5/99 and recorded in Deed

4412 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Book 1019, page 322, Laurens County Records, as shown on a plat of survey by Billy Flanders, Land Surveyor, dated November 13, 1998 and recorded in Plant Book 7, page 628, Laurens County Records. (12) All that portion of Airport Road (County Road #399), beginning at its intersection with Ga. State Route 26/U.S. Highway 80 and extending in a northerly direction for the distance of 1.5 miles for the uniform width of the right of way and ending at the point where the most northerly property line of the property acquired by the Dublin-Laurens Development Authority in a Deed recorded in Deed Book 1019, page 322 intersects with the northerly right of way Airport Road (County Road #399, said section of road way lying and being in the first land district of Laurens County, Georgia. ( 13) All that tract or parcel of land situate, lying and being in Land Lot 208 of the First Land District of Laurens County, Georgia, containing 40.44 acres, more or less, as particularly shown on a plat of survey under seal of Billy Flanders, Land Surveyor, dated September 28, 1990, and recorded in Plat Book 6, page 205, Laurens County Records, which plat is by reference incorporated as part of this description:
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Legal No. 06-214 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill that will seek local Legislation annexing into the City of Dublin, Georgia the following described properties:
2006 ANNEXATION LEGAL DESCRIPTIONS l. All that portion of Ga. S.R. 31/U.S. Highway 441 beginning at the center line of Long Branch Creek, the same being the present city limits of the City of Dublin, where Long Branch Creek intersects and crosses under Ga. Highway 31/ U.S. Highway 441, then extending in a southerly direction a distance of one and one tenths (1.1) miles for the uniform width of the right of way of said highway to the most easterly right of way of Southern Pines Road, (County Road #354), said section of road way lying and being in the first land district of Laurens County, Georgia. Also, all that portion of Ga. S.R. 31/U.S. Highway 441 beginning at the most easterly right of way of Fire Tower Road (County road #337), then extending in a southerly direction a distance of one half (0.5) mile for the uniform width ofthe right of way of said highway to the most southerly right of way of United States Interstate Highway 16, said section of roadway lying and being in the first land district of Laurens County, Georgia 2. Two contiguous tracts both fronting on Highway 441 South and more particularly described as follows:

GEORGIA LAWS 2006 SESSION

4413

Tract I All that tract or parcel of land situate, lying and being in the First Land District of Laurens County, Georgia, located on the northwestern side ofU.S. Highway 441 and fronting 150 feet on the northwest side of said highway and extending back northwesterly in uniform width a distance of550 feet. Said tract is known as Tract 5 according to a plat of survey of a subdivision of property of Charles H. McMillian by Jack C. Brantley, Land Surveyor, dated September 24, 1959, and recorded in Deed Book 17 5, page 134, Laurens County Records, which plat is by this reference incorporated as part of this description. This is the same property conveyed to the Department of Transportation in a Right of Way Deed dated June 1, 1989 and recorded in Deed Book 547, page 49, Laurens County Records. Tract II All that tract or parcel of land, lying and being in Land Lot 135 of the First Land District of Laurens County, Georgia, which parcel of land fronts 150 feet on the northwesterly side of the Dublin-McRae Highway (U.S. Highway 441, south), and extending back in even width in a northwesterly direction a distance of 550 feet. Said parcel ofland is more particularly described as Lot 6 of subdivision of Charles H. McMillan, as per plat of survey prepared by Jack Brantley, Georgia Registered Land Surveyor No. 541, dated September 24, 19 59, said plat of survey being recorded in Deed Book 175, Page 134, Laurens County, Georgia Records. Said plat of survey is incorporated herein by reference for a more complete description. This is the same property purchased by the Department of Transportation in a Deed recorded in Deed Book 548, page 174, Laurens County Records. 3. All that portion of Firetower Road (County Road #337), beginning at it~ intersection with Ga. S.R. 31/U .S. Highway 441 and extending in a southerly direction a distance of one and two tenths (1.2) miles for the uniform width of the right of way to its intersection with Southern Pines Road (County Road #156), said section of road way lying and being in the first land district of Laurens County, Georgia. 4. All ofCounty Farm Road (County Road #155), beginning at its intersection with Firetower Road and extending in a northeasterly direction a distance of .6 miles for the uniform width of the right of way to the intersection of County Farm Road (County Road# 155) and Southern Pines Road (County Road #156), said section of road way lying and being in the first land district of Laurens County, Georgia. 5. All of Southern Pines Road (County Road #15 6), beginning at its most northerly intersection with County Farm Road (County Road # 155), and extending in a southerly direction from the centerline of County Farm Road(County Road #155) a distance of five thousand four hundred and six feet (5,406 feet) for the uniform width of the right of way to a point on said road, said section of road way lying and being in the first land district of Laurens County, Georgia. 6. Industrial Boulevard (County Road intersects with the northerly right of way Airport Road (County Road #339, said section of road way lying and being in the first land district of Laurens County, Georgia.

4414 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
13. All that tract or parcel of land situate, lying and being in land Lot 208 of the First Land District of Laurens County, Georgia, containing 40.44 acres, more or less, as particularly shown on a plat of survey under seal of Billy Flanders, Land Surveyor, dated September 28, 1990, and recorded in Plat Book 6, page 205, Laurens County Records, which plat is by reference incorporated as part of this description.
This____day of 2006. Representative DuBose Porter 143rd District February 25, 2006
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 143 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 25, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DUBOSE PORTER DuBose Porter Representative, District 143
Sworn to and subscribed before me, this 28th day of February 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.

GEORGIA LAWS 2006 SESSION

4415

BLUE RIDGE JUDICIAL CIRCUIT- JUDGES; COMPENSATION.

No. 842 (House Bill No. 1566).

AN ACT

To amend an Act to supplement the salary of the judge of the Superior Courts ofthe Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended, particularly by an Act approved December 28, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330),an ActapprovedMarch2, 1966 (Ga. L. 1966, p. 119),an Act approved March 22, 1989 (Ga. L. 1989, p. 4192), an Act approved April10, 1998 (Ga. L. 1998, p. 4447), so as to increase the amount of compensation paid to such judges by the county comprising the Blue Ridge Judicial Circuit; to provide for annual increases in the discretion of the governing authority; to authorize participation by such judges in county retirement, deferred compensation, or similar plans; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended, particularly by an Act approved December 28, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330), an Act approved March 2, 1966 (Ga. L. 1966, p. 119), an Act approved March 22, 1989 (Ga. L. 1989, p. 4192), and an Act approved April 10, 1998 (Ga. L. 1998, p. 4447), is amended by striking in its entirety Section 1 and inserting in lieu thereof a new Section 1 to read as follows:

"SECTION 1. The governing authority of the county comprising the Blue Ridge Judicial Circuit shall supplement the salary of each judge of the superior courts of such judicial circuit as provided in this section, payable in equal monthly installments. The amount of such supplement shall be up to $25,000.00 per year beginning on the effective date of this section upon authorization by the fiscal authority."

SECTION 2. Said Act is further amended by adding a new section immediately following Section 1, to be designated Section 1A, to read as follows:

"SECTION 1A. The governing authority of the county comprising the Blue Ridge Judicial Circuit, in its discretion, shall be authorized to increase the supplement provided in Section 1 of this Act no more than annually, and in such amount as not to exceed

4416 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
3 percent or that percentage increase received by the employees of the county comprising the Blue Ridge Judicial Circuit during the previous 12 months, whichever is the lesser:
SECTION 3. Said Act is further amended by adding a new section immediately following Section 1A, to be designated Section IB, to read as follows:
'SECTION lB. In addition to any other compensation authorized by law, upon the approval of the governing authority of the county comprising the Blue Ridge Judicial Circuit, the judges of said circuit shall be authorized to participate in any county retirement, insurance, or deferred compensation program, including but not limited to local matching of deferred compensation as shall be approved by said governing authority.'
SECTION 4. This Act shall become effective on July 1, 2006.
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 2006 session of the General Assembly of Georgia a bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended. The legislation to be introduced will increase the supplement provided to the judge of the Superior Courts of the Blue Ridge Judicial Circuit to $25,000; to provide for annual increases not to exceed 3% in the discretion of the governing authority; to authorize participation by suchjudges in county retirement, deferred compensation or similar plans.
This 24th day of February 2006.
Representative Calvin Hill District 21
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 21 and further deposes and says that the attached

GEORGIA LAWS 2006 SESSION

4417

Notice oflntention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County on February 24, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CALYIN HILL Calvin Hill Representative, District 21

Sworn to and subscribed before me, this 6th day of March, 2006.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)

Approved May 5, 2006.

CITY OF RICHLAND- CORPORATE LIMITS.
No. 843 (House Bill No. 1562).
AN ACT
To amend an Act providing a charter for the City of Richland, Georgia, approved August 8, 1922 (Ga. L. 1922, p. 925), as amended, so as to change the corporate limits of such city by annexing certain territory in Stewart County into such city; to' repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a charter for the City of Richland, Georgia, approved August 8, 1922 (Ga. L. 1922, p. 925), as amended, is amended by striking subsection (c) of Section 2 and inserting in its place new subsections (c) and (d) to read as follows:
'(c) In addition to the property described in subsections (a) and (b) of this section, the following property shall be included within the corporate limits ofthe City of Richland:
Extend north along the Georgia Department of Transportation Right of Way for Georgia Highway 520 - Begin at north city limits and extend north along Georgia D.O.T. right of way 3,750 feet.

4418 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Extend south along the Georgia Department of Transportation right of way Begin at the south city limits and extend south along the Georgia D.O.T. right of way 2,650 feet. This extension only covers the Georgia Department of Transportation right of way along Georgia Highway 520. (d) The corporate limits of the city shall also include such property annexed into the corporate limits as provided by law.'
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 2006 session of the General Assembly of Georgia a bill to amend an Act providing a charter for the City of Richland, Georgia, approved August 8, 1922 (Ga. L. 1922, p. 925), as amended and for other purposes.
This 9th day of February, 2006.
Representative Bob Hanner I48th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who on oath deposes and says that he is the Representative from District 148 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Stewart Webster Journal which is the official organ of Webster County on February 16, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
sf BOB HANNER Bob Hanner Representative, District 148
Sworn to and subscribed before me, this 6th day of March 2006.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25,2007 (SEAL)

GEORGIA LAWS 2006 SESSION Approved May 5, 2006.

4419

CITY OF DUDLEY- CORPORATE LIMITS.
No. 844 (House Bill No. 1519).
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 (d) to read as follows:
'(d) The corporate limits of the City of Dudley shall also include the following described tract of land:
All that tract or parcel of land located in Land Lots 1, 2, 24, 25, 26, and 27 of the 2nd Land District and Land Lot 376 of the 22nd Land District of Laurens County, Georgia, being more particularly described as follows:
Beginning at the current City Limits MP 16.0071, said point having a North Coordinate of 928835.839 and an East Coordinate of 381966.432, and thence running North 27 degrees 39 minutes 15 seconds west a distance of 100.00 feet to a point; thence running North 62 degrees 18 minutes 50 seconds east a distance of 219.47 feet to a concrete marker found; thence running North 3 8 degrees 16 minutes 45 seconds east a distance of 11 0. 33 feet to a concrete marker found; thence North 62 degrees 20 minutes 45 seconds east a distance of 799.65 feet to a concrete marker found; thence South 29 degrees 18 minutes 41 seconds east a distance of 49.47 feet to a concrete marker found; thence along a curve of the northwest right-of-way of Highway 338 having a radius of 4649.97 feet, an arc length of 1364.24 feet, a chord length of 1359.35 feet, a chord bearing North 53 degrees 59 minutes 33 seconds east, and a delta angle of 16 degrees 48 minutes 35 seconds to a concrete marker found; thence North 45 degrees 21 minutes 51 seconds east a distance of 1903.34 feet to a concrete marker found; thence North 45 degrees 23 minutes 09 seconds east a distance of 1097.67 feet to a #5 rebar with yellow kap set; thence North 45 degrees

4420 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
39 minutes 37 seconds east a distance of 992.60 feet to a #5 re bar with yellow kap set; thence South 44 degrees 20 minutes 23 seconds east a distance of 100.00 feet to a #5 rebar with yellow kap set; thence South 45 degrees 39 minutes 37 seconds west a distance of 992.60 feet; thence South 45 degrees 23 minutes 09 seconds west a distance of 1097.67 feet; thence South 45 degrees 21 minutes 09 seconds west a distance of 190 5.15 feet to a concrete marker found; thence along a curve of the Southeast right-of-way of Highway 33 8 having a radius of 4768.48 feet, an arc length 1387.46 feet, a chord length of 1382.57 feet, a chord bearing of South 53 degrees 59 minutes 42 seconds west at a delta angle of 16 degrees 40 minutes 16 seconds; thence South 2 9 degrees 46 minutes 50 seconds east a distance of 50.13 feet to a concrete marker found; thence South 62 degrees 20 minutes 45 seconds west a distance of 807.06 feet; thence North 89 degrees 23 minutes 34 seconds west a distance of 115.13 feet to a concrete marker found; thence running South 62 degrees 19 minutes 34 seconds west a distance of 218.80 feet to the point of beginning.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill that will seek local Legislation annexing into the City of Dudley, Georgia, the following described property: All that tract or parcel of land located in Land Lots 1, 2, 24, 25, 26, and 27 of the 2nd Land District and Land Lot 376 of the 22nd Land District of Laurens County, Georgia, being more particularly described as follows: Beginning at the current City Limits MP 16.0071, said point having a North Coordinate of 928835.432, and thence running North 27 degrees 39 minutes 15 seconds west a distance of 100.00 feet to a point; thence running North 62 degrees 18 minutes 50 seconds east a distance of 219.47 feet to a concrete marker found; thence running North 38 degrees 16 minutes 45 seconds east a distance of 110.33 feet to a concrete marker found; thence North 62 degrees 20 minutes 45 seconds east a distance of 799.65 feet to a concrete marker found; thence South 29 degrees 18 minutes 41 seconds east a distance of 49.47 feet to a concrete marker found; thence along a curve of the northwest right-of-way of Highway 338 having a radius of 4649.97 feet, an arc length of 1364.24 feet, a chord length of 1359.35 feet, a chord bearing North 53 degrees 59 minutes 33 seconds east, and a delta angle ofl6 degrees 48 minutes 35 seconds to a concrete marker found; thence North 45 degrees 21 minutes 51 seconds east a distance of 1903.34 feet to a concrete marker found, thence north 45 degrees 23 minutes 09 seconds east a distance of 1097.67 feet to a #5 rebar with yellow kap set, thence north 45 degrees 39 minutes 37 seconds east a distance of 992.60 feet to #5 rebar with yellow kap set, thence south 44 degrees 20 minutes

GEORGIA LAWS 2006 SESSION

4421

23 seconds a distance of 100.00 feet to a #5 re bar with yellow kap set, thence south 45 degrees 39 minutes 3 7 seconds west a distance of 992.60 feet, thence south 45 degrees 23 minutes 09 secondswest a distance of 1097.67 feet, thence south 45 degrees 21 minutes 09 seconds west a distance of 1905.15 feet to a concrete marker found, thence along a curve of the southeast right of way of Hwy. 338 having a radius of 4768.48 feet, an arc length 1387.46 feet, a chord length of 1382.57 feet, a chord bearing of south 53 degrees 59 minutes 42 seconds west at a delta angle of 16 degrees 40 minutes 16 seconds, thence south 29 degrees 46 minutes 50 seconds east a distance of 50.13 feet a concrete marker found, thence south 62 degrees 20 minutes 45 seconds west a distance of807.06 feet, thence north 89 degrees, 23 minutes 34 seconds west a distance of 115,13 feet to a concrete marker found thence running south 62 degrees 19 minutes 34 seconds west a distance of 218.80 feet to the point of beginning.

This 20th day of February, 20906.

Hon. DuBose Porter, Representative 143rd District, Georgia House of Representatives

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 143 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 25, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DUBOSE PORTER DuBose Porter Representative, District 143

Sworn to and subscribed before me, this 28th day of February 2006.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)

Approved May 5, 2006.

4422 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LOWER CHATTAHOOCHEE REGIONAL AIRPORT AUTHORITY-CREATION.
No. 845 (House Bill No. 1594).
AN ACT
To create the Lower Chattahoochee Regional Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for succession in interest to the Cuthbert-Randolph Airport Authority; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for an effective date; to repeal a certain Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Lower Chattahoochee Regional Airport Authority Act."
SECTION 2. Legislative findings.
The General Assembly determines and finds that there is a present and projected growth in commercial and private air traffic in the area of Calhoun, Clay, Quitman, and Randolph Counties. There is the need for adequate airports safely and efficiently to serve the air transportation needs of this state and Calhoun, Clay, Quitman, and Randolph Counties, the need to eliminate airport hazards, and the need to raise capital for the establishment, operation, and maintenance of present

GEORGIA LAWS 2006 SESSION

4423

and future airports. The General Assembly further determines and finds that the establishment of an authority is necessary and essential to ensure the welfare, safety, and convenience of citizens of the region and the entire state and to ensure the proper economic development of the region and the entire state.

SECTION 3. Lower Chattahoochee Regional Airport Authority.

(a) There is created a body corporate and politic, to be known as the "Lower Chattahoochee Regional Airport Authority," which shall be deemed to be a political subdivision ofthe State ofGeorgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions in all courts. The authority shall have perpetual existence. (b) The authority shall consist of nine members who shall be residents of Calhoun, Clay, Quitman, and Randolph Counties. Two of the members shall be appointed by the governing authority of Calhoun County for terms of office of four years each. Two of the members shall be appointed by the governing authority of Clay County for terms of office of four years each. Two of the members shall be appointed by the governing authority of Quitman County for terms of office of four years each. Two of the members shall be appointed by the governing authority of Randolph County for terms of office of four years each. The eight members so appointed shall appoint a ninth member, who may be a resident of either Calhoun, Clay, Quitman, or Randolph County, for a term of office of four years. Members ofthe authority shall serve the terms specified and until their respective successors are appointed and qualified; provided, however, that any member of the authority may be removed at any time by the governing authority which appointed such member, with or without cause. Any member of the authority may be selected and appointed to succeed himself or herself. After such appointment, the members of such authority shall enter upon their duties. Any vacancy on the authority shall be filled 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 ofthe unexpired term. The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. The authority shall make rules and regulations for its own government. It shall have perpetual existence. (c) To be eligible for appointment as a member of the authority, a person shall satisfy the requirements of Code Section 45-2-1 of the O.C.G.A. (d) The members of the authority shall in April of each year elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall also elect one of their number as secretary, and may also elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of one year and until their

4424 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution. (e) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (f) A vacancy on the authority shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves such person's residence from Calhoun, Clay, Quitman, or Randolph County; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by a resolution of the authority. (g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Calhoun, Clay, Quitman, or Randolph County or residents of any area affected by the actions of the authority. (h) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority.
SECTION 4. Definitions.
(a) As used in this Act, the term: (1) "Airport" means any area of land or structure which is or has been used or which the authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters; all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land area or structure which are or have been used or which the authority may pIan to use for terminal facilities; all facilities of any type for the accommodation ofpassengers, maintenance, servicing, and operation of aircraft, business offices and facilities of private businesses and governmental agencies, and the parking of automobiles; and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private, and military aircraft including all land originally acquired by Calhoun, Clay, Quitman, or Randolph County for the establishment ofan airport, and any land to be deeded to Calhoun, Clay, Quitman, or Randolph County for airport use, including, without limitation, aviation easements, and other real or personal property. (2) "Authority" means the Lower Chattahoochee Regional Airport Authority created by this Act. (3) "Cost of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all

GEORGIA LAWS 2006 SESSION

4425

machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents', and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing authorized in this Act; the cost of the acquisition or construction of any project; the cost of placing any project in operation; and the cost of condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (4) "Project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of an airport and the usual facilities related thereto. (5) "Revenue bonds" and "bonds" mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G .A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations ofthe authority, the issuance ofwhich are specifically provided for in this Act. (b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

SECTION 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, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes and to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all airports which shall come under the control of the authority under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such airports and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of property or services of the authority and collect and use same as necessary to operate the airports under control of the authority; and to accomplish any purposes of this Act and make any purchases or sales necessary for such purposes; except that the authority may

4426 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
not acquire any airport ofany county, municipality, or combination thereof unless such county and municipality agree to pay to the authority, so long as it operates such airport, at least the amount of airport operating expenses funded by taxes, fees, and assessments of such county and municipality immediately prior to such acquisition; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of the same in any manner it deems to be to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority ofthis Act, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings with each other relating to projects ofthe authority for a term not exceeding 50 years. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both inside and outside this state, and between the authority and public bodies, including counties and cities outside this state; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue

GEORGIA LAWS 2006 SESSION

4427

bonds of the authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereofor from the State of Georgia or any agency or instrumentality thereof; (7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereofupon such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; and (11) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 6. Successor to former airport authority.

The Lower Chattahoochee Regional Airport Authority shall be the successor in interest to the Cuthbert-Randolph Airport Authority created by an Act approved Apri11, 1971 (Ga. L. 1971, p. 2837), and shall by operation of law acquire and assume all assets, interests, obligations, debts, and liabilities of the Cuthbert-Randolph Airport Authority.

SECTION 7. Revenue bonds.

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

4428 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 bonds.
SECTION 8. Revenue bonds; form, denomination; registration;
place ofpayment.
The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
SECTION 9. Revenue bonds; signatures; seal.
In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairperson and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office.
SECTION 10. Revenue bonds; negotiability; exemption from taxation.
All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within this state.

GEORGIA LAWS 2006 SESSION

4429

SECTION 11. Revenue bonds; sale; price; proceeds.

The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds.

SECTION 12. Revenue bonds; interim receipts and
certificates or temporary bonds.

Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.

SECTION 13. Revenue bonds; replacement of lost or mutilated bonds.

The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.

SECTION 14. Revenue bonds; conditions precedent to issuance.

Such 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. In the discretion ofthe authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members.

SECTION 15. Credit not pledged.

Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Calhoun, Clay, Quitman, or Randolph County nor a pledge of the faith and credit of any of said counties; but such bonds shall be payable solely from the fund provided for in this Act and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said counties to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their

4430 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
SECTION 16. Trust indenture as security.
In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository ofthe proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
SECTION 17. To whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide.

GEORGIA LAWS 2006 SESSION

4431

SECTION 18. Sinking fund.

The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance ofthe bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of:
( 1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest and other investment charges; (4) Any premium upon bonds retired by call or purchase as provided in this Act; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance ofthe revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions ofthe resolution authorizing the issuance of the bonds or the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.

SECTION 19. Remedies ofbondholders.

Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state or granted under this Act or under such resolution or trust indenture and may enforce and compe1performance 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, and other charges for the use of the facilities and services furnished.

4432 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 20. Refunding bonds.
The authority is authorized to provide by resolution for the issuance ofbonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, ifany. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
SECTION 21. Validation.
Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment ofvalidation shall be final and conclusive with respect to such bonds, and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the Lower Chattahoochee Regional Airport Authority.
SECTION 22. 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 Randolph County, Georgia; and any action pertaining to validation of any bonds issued under the provisions ofthis Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

GEORGIA LAWS 2006 SESSION

4433

SECTION 23. Interest of bondholders protected.

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

SECTION 24. Moneys received considered trust funds.

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

SECTION 25. Purpose of the authority.

Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating an airport and the usual facilities related thereto, and improving of such facilities, acquiring parking facilities and parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and leasing or selling any or all of such facilities, including real property, and doing any and all things deemed by the authority to be necess.ary, convenient, or desirable for and incident to/the efficient and proper development and operation of such types of undertaking.

SECTION 26. Rates, charges, and revenues; use.

The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as provided in this Act to fmance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension ofany project and to pledge to the punctual

4434 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.
SECTION 27. Rules and regulations for operation of projects.
It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act.
SECTION 28. Tort immunity.
The authority shall have the same immunity and exemption from liability for torts and negligence as Calhoun, Clay, Quitman, or Randolph County; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Calhoun, Clay, Quitman, or Randolph County as when in the performance of their public duties or work of such county.
SECTION 29. Powers declared supplemental and additional.
The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
SECTION 30. Effect on other governments.
This Act shall not and does not in any way take from Calhoun, Clay, Quitman, or Randolph County or any municipality located in any such county or any adjoining county the authority to own, operate, and maintain projects or to issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."
SECTION 31. Liberal construction of Act.
This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes of this Act.

GEORGIA LAWS 2006 SESSION

4435

SECTION 32. Effective date.

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

SECTION 33. Specific repealer.

An Act creating the Cuthbert-Randolph Airport Authority, approved Aprill, 1971 (Ga. L. 1971, p. 283 7), is repealed.

SECTION 34. 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 2006 session of the General Assembly of Georgia a bill to create the Lower Chattahoochee Regional Airport Authority; and for other purposes.
This 13th day ofF ebruary, 2006.
Calhoun County Board of Commissioners
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 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Calhoun County on February 18, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GERALD GREENE Gerald Greene Representative, District 149

4436 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 7th day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to create the Lower Chattahoochee Regional Airport Authority; and for other purposes.
This 13th day of February, 2006.
Randolph County Board of Commissioners
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 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cuthbert Southern Tribune which is the official organ of Randolph County on February 16, 2006, and that the notice requirements of Code Section 28-l-14 have been met.
sl GERALD GREENE Gerald Greene Representative, District 149
Sworn to and subscribed before me, this 7th day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to create the Lower Chattahoochee Regional Airport Authority; and for other purposes.

GEORGIA LAWS 2006 SESSION

4437

This 13th day of February, 2006.

Clay County Board of Commissioners

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 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cuthbert Southern Tribune which is the official organ of Clay County on February 16, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GERALD GREENE Gerald Greene Representative, District 149

Sworn to and subscribed before me, this 7th day of March 2006.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to create the Lower Chattahoochee Regional Airport Authority; and for other purposes.

This 13th day of February, 2006.

Quitman County Board of Commissioners

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 149 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 February 16, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

4438 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sf GERALD GREENE Gerald Greene Representative, District 149
Sworn to and subscribed before me, this 7th day of March 2006.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
GLYNN COUNTY- TURTLE RIVER GLYNN COUNTY COMMUNITY IMPROVEMENT DISTRICT; CREATION.
No. 846 (House Bill No. 1515).
AN ACT
To provide for the creation of a community improvement district in Glynn County; to provide for a short title; to provide for the purposes of said district; to provide for definitions; to provide for a board to administer said district; to provide for the appointment and election of members of said board; to provide for taxes, fees, and assessments; to provide for the boundaries of said district; to provide for debt of said district other than bonded indebtedness; to provide for cooperation with local governments; to provide for powers of said board; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be referred to as the "Turtle River Glynn County Community Improvement Districts Act."

GEORGIA LAWS 2006 SESSION

4439

SECTION 2. Purpose.

The purpose of this Act shall be to provide for the creation of a community improvement district within Glynn County, and said district shall be created for the provision of some or all of the following governmental services and facilities:
(I) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation, including, but not limited to, services intended to reduce the volume of automobile traffic, to transport two or more persons in conveyances, to improve air quality, and to provide bicycle and pedestrian facilities and the operation of a traffic management association or similar entity; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law.

SECTION 3. Definitions.

As used in this Act, the term: ( 1) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising oflivestock or poultry, and the operation of dairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of the community improvement district herein authorized. (3) "Bonds" or "general obligation bonds" means any bonds ofthe district which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations of the district. (4) "Caucus of electors" means for the district the meeting of electors hereinafter provided for at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast. (5) "Cost of the project" or "cost of any project" means and includes: (A) All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services,

4440 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on notes or other obligations of the district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All expenses of or incidental to determining the feasibility or practicability of any project; (G) All costs of plans and specifications for any project; (H) All costs of title insurance and examinations of title with respect to any project; (I) Repayment of any loans made for the advance payment of any part of the foregoing costs, including interest thereon and any other expenses of such loans; (J) Administrative expenses of the board and such other expenses as may be necessary for or incidental to any project or the financing thereof or the placing of any project in operation; and (K) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture oftrust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any ofthe foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of notes or other obligations issued by the district. (6) "District" means the geographical area designated as such by the resolution of the governing body or bodies consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (7) "Electors" means the owners of real property within the district which is subject to taxes, fees, and assessments levied by the board, as they appear on the

GEORGIA LAWS 2006 SESSION

4441

most recent ad valorem real property tax return records of Glynn County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner ofa partnership elector, or one designated representative ofan elector whose designation is made in writing. An owner of property that is subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners of one parcel have one vote for an election based on numerical majority which must be cast by one of their number who is designated in writing. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all owned real property within the district which is then subject to taxes, fees, and assessments levied by the board. Value of real property shall be the assessed value. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree farming operation. It does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting oftrees may occur thereon. (10) "Hereby," "herein," "hereinunder," and "herewith" mean under this Act. (11) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing offixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement; the creation, provision, enhancement, or supplementing of public services (such as fire, police, and other services), provided that same do not conflict with or duplicate existing public services; and all for the essential public purposes set forth in Section 2 of this Act. (12) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Glynn County within the district as certified by the Glynn County Tax Commissioner. (13) "Property used nonresidentially" means property or any portion thereofused for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. (14) "Residential" means a specific work or improvement undertaken primarily to provide single-family, multifamily dwelling accommodations and mixed use

4442 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
developments for persons and families and such community facilities as may be incidental or appurtenant thereto. ( 15) "Taxpayer" means an entity or person paying ad valorem taxes on real property, whether on one or more parcels ofproperty within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. (16) "Value" or "assessed value" ofproperty means the values established in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the Glynn County Board of Tax Assessors.
SECTION 4. Creation.
Pursuant to Article IX, Section VII ofthe Constitution of the State of Georgia, there is created a community improvement district to be located in Glynn County, Georgia, wholly within the unincorporated area thereof, which shall be activated upon compliance with the conditions set forth in this section. The district shall be governed by a board constituted by this Act. The conditions for such activation shall be:
( 1) The adoption of a resolution consenting to the creation of the community improvement district by the Board of Commissioners of Glynn County; and (2) The written consent to the creation of the community improvement district by:
(A) A majority of the owners ofreal property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Glynn County Tax Commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of the district activated under this Act, and with the Department of Community Affairs.
SECTION 5. Administration, appointment, and election of board members.
(a) The district created pursuant hereto shall be administered by a board composed of a minimum of eight board members to be appointed and elected as hereinafter

GEORGIA LAWS 2006 SESSION

4443

provided. Two board members shall be appointed by the Glynn County Board of Commissioners. Three board members shall be elected by the vote of electors, and three members shall be elected by the vote of equity electors. The board shall be six in number plus two for each member appointed by the Glynn County Board of Commissioners as provided above. The members representing the electors and equity electors shall be elected to serve in post positions l through 6, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for posts l, 2, and 3 shall be cast by electors and votes for posts 4, 5, and 6 shall be cast by equity electors. The initial term of office for the members representing posts l and 4 shall be one year. The initial term of office for the members representing posts 2 and 5 shall be two years, and the initial term of office for the members representing posts 3 and 6 shall be three years. Thereafter, all terms of office shall be for three years, except the appointed board members who serve at the pleasure of the governing body which appointed them. (b) The initial board members to be elected as provided above shall be elected in a caucus of electors which shall be held within 60 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the Board of Commissioners of Glynn County shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of Glynn County as hereinafter provided. Thereafter, there shall be conducted, not later than 60 days following the last day for filing ad valorem real property tax returns in Glynn County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms expire or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held hereunder, notice thereof shall be given to said electors by publishing notice thereof in the legal organ of Glynn County at least once each week for four weeks prior to such election. (c) Board members shall be subject to recall as follows:
( 1) By election, called by a resolution of the Board of Commissioners of Glynn County; (2) By election, called by a resolution of the administrative board of the district; (3) By election, called by a petition of 20 percent of the electors or a petition by holders of 20 percent of eligible votes represented by equity electors; (4) Upon petition of either a majority of the electors within the district or a majority of the equity electors within the district, provided that, if the petition is for recall of an elected board member, the petition shall be from the category of voters who elected the board member; or (5) Upon the termination of an agreement of cooperation. Termination is in the event such agreement of cooperation shall lapse (i.e., failure to reenact by the

4444 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
following December 31 after an existing agreement of cooperation shall expire on its own terms) or an affirmative resolution of rejection of an agreement or reenactment of an agreement of cooperation by any one of the necessary parties so that no agreement of cooperation is in force. (d) Board members, including appointed board members, shall be electors within the district. If a board member ceases to be an elector, such board member's position shall be declared vacant as of the date of the event terminating such status. (e) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary-treasurer, either of whom may, but need not, be a member of the board or an elector. (f) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipality's boundaries are changed to include land within an existing district, the governing authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 hereof. If the boundaries of a district or municipality are subsequently changed after creation of a district to include land within the unincorporated area of Glynn County and the district originally had no land within the unincorporated area of Glynn County, the Board of Commissioners of Glynn County shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 hereof. If, by municipal annexation or by deannexation of land from a district, the district no longer includes land within the unincorporated area of Glynn County or within a municipality, respectively, then the board member of the district appointed by such governing authority in which the district is no longer located shall cease to be a board member. (g) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.
SECTION 6. Taxes, fees, and assessments.
(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State ofGeorgia, all property used for residential, agricultural, or forestry purposes, and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the

GEORGIA LAWS 2006 SESSION

4445

need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Glynn County in the same manner as taxes, fees, and assessments are levied by the county. Delinquent taxes shall bear the same interest and penalties as Glynn County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by Glynn County to the board and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the above-provided taxes subsequent to the report of the assessed taxable values for the current calendar year and notify in writing the collecting governing bodies so they may include the levy on their regular ad valorem tax bills, if possible. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until said bonded indebtedness then outstanding is paid or refunded.

SECTION 7. Boundaries of the districts.

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

SECTION 8. Debt.

Except as otherwise provided in this section, the district may incur debt without regard to the requirements of Article IX, Section V of; the Constitution of Georgia,

4446 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or any other provision of law, prohibiting or restricting the borrowing ofmoney or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith and credit and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district.
SECTION 9. Cooperation with local governments.
The services and facilities provided pursuant hereto shall be provided for in a cooperation agreement executed jointly by the board, the governing body of Glynn County, and any municipalities within which the district is partially located. The provisions of this section shall in no way limit the authority of Glynn County or any such municipality to provide services or facilities within the district; and Glynn County or such municipalities shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the municipality or county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. The community improvement district created pursuant to this Act shall indemnify and hold harmless the State of Georgia, Glynn County, any municipality located wholly or partially within such community improvement district, and any other unit of government of the State of Georgia other than such community improvement district from any claim or cause of action asserted against, or which is capable ofassertion against, such community improvement district arising from the acts or omissions of the community improvement district. Neither the State of Georgia, Glynn County, any municipality located wholly or partially within such district, nor any other unit of government of the State of Georgia other than the district shall be responsible or liable for payment of any sum arising from a claim or cause of action asserted, or which might have been asserted, against such community improvement district arising from the acts or omissions of the community improvement district.
SECTION 10. Powers.
(a) The district and the board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public

GEORGIA LAWS 2006 SESSION

4447

purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all reasonably incurred costs ofthe board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities

4448 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) Whenever bonds of such district have been validated as provided in this Act, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew, from time to time, any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. A district may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, such district may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of a district or any issue thereof may contain any provisions which such district is authorized to include in any resolution or resolutions authorizing bonds of such district or any issue thereof, and a district may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value ofthe bonds in anticipation of which they are to be issued; (12) To grant, mortgage, convey, assign, or pledge its property, revenues or taxes, or fees or assessments to be received as security for its bonds, notes, or other indebtedness and obligations; (13) To receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (14) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; ( 15) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (16) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; ( 17) To encourage and promote the improvement and developmentofthe district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with Glynn County and any municipal corporations in which the district is wholly or partially located; (18) To invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction;

GEORGIA LAWS 2006 SESSION

4449

(19) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (20) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (21) To do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act; and no such power limits or restricts any other power of the board.

SECTION 11. Construction; notice, proceeding, publication, referendum.

This Act shall be liberally construed to effect the purposes hereof. No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum.

SECTION 12. Bonds- generally.

(a) Notes or other obligations issued by the district other than general obligation bonds shall be paid solely from the property, revenues, or other sources pledged to pay such notes or other obligations. General obligation bonds issued by the district shall constitute a general obligation of the district to the repayment ofwhich the full faith and credit and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of the district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted hereunder. The

4450 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maxim urn interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of the district. (f) Bonds issued by the district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds issued by the district shall be validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provision governing bond validation generally as may be provided by law. Bonds shall bear a certificate of validation. The signature of the clerk ofthe Superior Court of Glynn County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such said bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change time to time so specified; provided, however, that nothing in this subsection shall be construed as prohibiting or restricting the right of the board to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed herein whenever those terms are referred to in bond resolutions of the board, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of the district.

GEORGIA LAWS 2006 SESSION

4451

SECTION 13. Authorized contents of agreements and instruments of the board generally;
use of proceeds of sale ofbonds, notes, etc.; subsequent issues of bonds, notes, etc.

(a) Subject to the limitations and procedures provided by this section and by the immediately preceding section, the agreements or instruments executed by the board may contain such provisions not inconsistent with law as shall be determined by such board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by the district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted herein, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance hereunder. (c) Issuance by the board of one or more series ofbonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.

SECTION 14. Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A.,
the "Georgia Securities Act of 1973"; notice, proceeding, publication, referendum.

This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by the district shall not be subject to regulation under Chapter 5 ofTitle 10 of the O.C.G.A., the "Georgia Securities Act of 1973." No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum.

SECTION 15. Dissolution.

(a) The district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
{1) The adoption of a resolution approving ofthe dissolution ofthe community improvement district by the Glynn County Board of Commissioners if wholly within the unincorporated area of Glynn County and such municipalities within

4452 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
which the district may be located if partially within the unincorporated area of Glynn County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof; and (2) The written consent to the dissolution ofthe community improvement district by:
(A) Two-thirds (67 percent) of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district which are subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Glynn County Tax Commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to the proposed district dissolution. (b) At the official caucus of electors at which board mem hers are to be elected in the sixth year following creation of the district, and every sixth year thereafter, the question shall be put to the electors present to dissolve the community improvement district. Upon an affirmative vote of two-thirds (67 percent) of the electors present and voting, who shall represent at least 75 percent of the votes cast on the basis of value, the board shall send a ballot to each owner of property subject to taxes, fees, and assessments levied by the board for a vote on the dissolution. Upon receipt of ballots consenting to the dissolution from a majority of the property owners, who shall represent at least 75 percent ofthe assessed value of said properties, the board shall request dissolution by the governing authority and shall forward said ballots to the Glynn County Tax Commissioner for certification. (c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (d) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 ofthis Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property owner relative to the total revenues paid by all properties in the district. (e) When a dissolution becomes effective, the county governing authority, or the governing authority ofa municipality ifwholly within the incorporated area thereof,

GEORGIA LAWS 2006 SESSION

4453

shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (f) A district may be reactivated in the same manner as an original activation.

SECTION 16. 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 2006 session of the General Assembly of Georgia a bill to provide for the creation of a community improvement district in Glynn County, to provide for a short title; to provide for the purposes of said district; to provide for definitions; to provide for a board to administer said district to provide for the appointment and election of members of said board; to provide for taxes, fees, and assessments; to provide for the boundaries of said district; to provide for debt of said district other than bonded indebtedness; to provide for cooperation with local governments; to provide for powers of said board; to provide for construction; to provide that no notice proceeding, publication or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; and for other purposes.
This 21 day ofFebruary, 2006
Roger B. Lane Representative Roger B. Lane 167th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger B. Lane, who on oath deposes and says that he is the Representative from District 167 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County on February 23, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ROGER B. LANE Roger B. Lane Representative, District 167

4454 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 28th day of February 2006.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
BURKE COUNTY -BOARD OF EDUCATION; COMPENSATION.
No. 847 (House Bill No. 1597).
AN ACT
To amend an Act providing for the election of the members of the board of education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481 ), as amended, particularly by an Act approved April6, 1996 (Ga. L. 1996, p. 3944), so as to change certain provisions regarding the compensation and expense allowance ofthe members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the election of the members of the board of education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, particularly by an Act approved April 6, 1996 (Ga. L. 1996, p. 3944), is amended by striking in its entirety Section 5A and inserting in lieu thereof the following:
'SECTION 5A. (a) The chairperson of the board of education shall receive a salary of $450.00 per month payable from the funds of Burke County. Each member of the board of education other than the chairperson shall receive a salary of $400.00 per month payable from the funds of Burke County. In addition, the chairperson and each member of the board of education shall be reimbursed for actual expenses incurred in connection with the performance of their official duties as members of the board for travel within or outside Burke County. All expenses shall be approved and verified prior to reimbursement in such manner as may be specified by the board.

GEORGIA LAWS 2006 SESSION

4455

(b) The board of education is authorized to increase the amount of the chairperson's salary in any amount not exceeding $200.00 per month. In no event shall the chairperson's salary exceed $650.00 per month. The board of education is authorized to increase the amount of each member's salary other than the chairperson in any amount not exceeding $200.00 per month. In no event shall the salary of any member other than the chairperson exceed $600.00 per month. The board of education shall take no action to increase such amounts until notice of intent to take such action and the fiscal impact of such action has been published in a newspaper designated as the legal organ for the county at least once a week for three consecutive weeks immediately preceding the meeting at which the action is taken:

SECTION 2. This Act shall become effective on July 1, 2008.

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

Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the members of the board of education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481 ), as amended, particularly by an Act approved April6, 1996 (Ga. L. 1996, p. 3944), so as to change certain provisions regarding the compensation and expense allowance of the members of the board; to provide an effective date; and for other purposes.
This 13th day of February, 2006.
Is Alberta J. Anderson Representative Alberta J. Anderson 123rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alberta Anderson, who on oath deposes and says that she is the Representative from District 123 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the True Citizen which is the official organ of Burke County on February 22, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

4456 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s! ALBERTA ANDERSON Alberta Anderson Representative, District 123
Sworn to and subscribed before me, this 8th day of March 2006.
s! SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.
BANKS COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; 65 YEARS OR OLDER OR DISABLED; REFERENDUM.
No. 848 (House Bill No. 1523).
AN ACT
To provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or over or disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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 Banks 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. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made.

GEORGIA LAWS 2006 SESSION

4457

(b) Each resident of the Banks County school district who is a senior citizen or who is disabled is granted an exemption on that person's homestead from all Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation.
(c)(l) 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 ofand 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) of this section unless the person or person's agent files an application with the tax commissioner of Banks 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 subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Banks 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 addition to and not in lieu of any other homestead exemption applicable to Banks 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, 2007.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Banks County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the

4458 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Banks County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Banks County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Banks County school district ad valorem taxes for educational
NO ( ) purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or over or disabled?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval ofthe Act, Section 1 of this Act shall become of full force and effect on January 1, 2007. 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 Banks 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.
Public Notice Legislation will be introduced during the 2006 legislative session of the general assembly to change Homestead Exemption for M/0 and Education taxes for Banks County.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who on oath deposes and says that she is the Representative from District 28 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Banks County News which is the official organ of Banks County on February 22, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2006 SESSION
sf JEANETTE JAMIESON Jeanette Jamieson Representative, District 28
Sworn to and subscribed before me, this 1st day ofMarch 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 5, 2006.

4459

BANKS COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; 65 YEARS AND OLDER; REFERENDUM.
No. 849 (House Bill No. 1525).
AN ACT
To provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
( l) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Banks 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. (3) "Senior citizen" means a person who is 65 years of age or over on or before January l of the year in which application for the exemption under this Act is made.

4460 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Each resident of the Banks County school district who is a senior citizen is granted an exemption on that person's homestead from all Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (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 Banks 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 subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Banks 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 Banks 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, 2007.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Banks County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Banks County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Banks County. The ballot shall have written or printed thereon the words:

GEORGIA LAWS 2006 SESSION

4461

"YES ( ) Shall the Act be approved which provides a homestead exemption from Banks County school district ad valorem taxes for educational
NO ( ) purposes in the amount of$20,000.00 ofthe assessed value of the homestead for residents of that school district 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-half of the votes cast on such question are for approval of the Act, Section I of this Act shall become offull force and effect on January 1, 2007. Ifthe 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 aut~matically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Banks County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Public Notice Legislation will be introduced during the 2006 legislative session.of the general assembly to change Homestead Exemption for M/0 and Education taxes for Banks County.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who on oath deposes and says that she is the Representative from District 28 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Banks County News which is the official organ of Banks County on February 22, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JEANETTE JAMIESON Jeanette Jamieson Representative, District 28

4462 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 1st day of March 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 5, 2006.
BANKS COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; 62 YEARS AND OLDER; REFERENDUM.
No. 850 (House Bill No. 1524).
AN ACT
To provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value ofthe homestead for residents of that school district who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $1 0,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for <?ther 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 Banks 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. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such

GEORGIA LAWS 2006 SESSION

4463

individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this Act. (4) "Senior citizen" means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of the Banks County school district who is a senior citizen is granted an exemption on that person's homestead from all Banks County school district ad valorem taxes for educational purposes in the amount of$20,000.00 of the assessed value of that homestead. The exemption under this subsection shall only be granted ifthat person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed $10,000.00 for the immediately preceding year. 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 Banks 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 subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Banks 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 Banks 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, 2007.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Banks County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the

4464 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Banks County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Banks County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Banks County school district ad valorem taxes for educational
NO ( ) purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or over and whose income, not including certain retirement income, does not exceed $10,000.00?"
All persons desiring to vote for approval ofthe Act shall vote "Yes," and all persons desiring to vote for rejection ofthe 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, 2007. 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 ofJanuary immediately following that election date. The expense of such election shall be borne by Banks County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Public Notice Legislation will be introduced during the 2006 legislative session of the general assembly to change Homestead Exemption for M/0 and Education taxes for Banks County.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who on oath deposes and says that she is the Representative from District 28 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Banks

GEORGIA LAWS 2006 SESSION

4465

County News which is the official organ of Banks County on February 22, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JEANETTE JAMIESON Jeanette Jamieson Representative, District 28

Sworn to and subscribed before me, this 1st day of March 2006.

sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)

Approved May 5, 2006.

CITY OF GREENSBORO- CORPORATE LIMITS.
No. 852 (House Bill No. 1394).
AN ACT
To amend an Act providing a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 393 2), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Ap Act providing a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended, is amended by adding a new subsection at the end of Section 1.11, to be designated subsection (c), to read as follows:
'(c) In addition to the present territory included within the corporate limits of said town, the corporate limits shall also include the following:
TRACT I: HIGHWAY 4411-20 TRACT PARCEL 1: All that tract or parcel of land lying and being in the 163rd G.M. District of Greene County, Georgia, containing 92.821 acres, more or less, and being more particularly described by plat or survey dated February 13, 1987, prepared for O.W. Johnson, Jr., by Timberland Management Services, Inc., W.W. Lester, RLS # 2128, and being recorded in Plat

4466 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Book 15, Page 17, Greene County Records. This is the same land conveyed to Lewis Reckaway, Jr., by Warranty Deed dated February 16, 1982, recorded in Deed Book 86, Page 726, Greene County Records. This is the same land conveyed from Lewis Reckaway Jr., to O.W. Johnson, Jr., by deed dated March 19, 1987, recorded in Deed Book 116, Page 225, Greene County records.
See also Deed Book 588, Pages 294-295, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 052-0-00-023-0
PARCEL 2: All that tract or parcel ofland lying and being in the l63rd G.M. District of Greene County, Georgia, containing 238.45 acres, more or less, and more particularly described according to a plat made by T. Larry Rachels, R.L.S ., on the 14th day of May, 1975, recorded in Plat Book l 0, Page 26, Clerk's Office, Greene County Superior Court, and incorporated herein by reference and to which reference is made for a more accurate and complete description. Said tract of land is bounded as follows: Now or formerly as follows: on the Northeast by lands of James H. Austin, formerly Whitehead Estate; on the Southeast by lands of E. Lloyd Lewis; on the Northwest by the right-of-way of Georgia Highway No. 44 leading from Eatonton, Georgia, to Greensboro, Georgia. This is the same tract of land conveyed by Abitibi Woodlands Corporation to Lassiter Properties, Inc. on September 6, 1973, by deed recorded inDeed Book 60, Pages 360 and 361.
See also Deed Book 5 88, Pages 294-295, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 052-0-00-024-0
PARCEL 3: All that tract or parcel ofland, lying and being within the current corporate city limits of the City of Greensboro, 143rd G.M .D., Greene County, Georgia, and being comprised of 1.045 acres, more or less, being basically rectangular in shape, and being bounded more particularly as follows: BEGINNING at an iron pin, located on the northwestern corner of the tract herein conveyed, and where the same corners on the northeast with the lands of James C. Baynes, and on the northwest with the right-of-way of State Highway #44; running thence along such lands of Baynes S7l 0 l5'19"E 301.31 feet to an iron pin; continuing thence along such lands of Baynes S71 l5'19"E 8 feet to the centerline of a branch (which centerline of the branch being the boundary line between the tract herein conveyed, and such other lands of Baynes); running thence along the

GEORGIA LAWS 2006 SESSION

4467

centerline of such branch in a southwesterly direction, along the southeastern boundary of this tract herein conveyed (such direction being generally S840'23 "W 148.85 feet) to a point in the center of such creek, such point marking the southeastern corner of the tract herein conveyed; running thence along lands of now or formerly of Wall Tire Co. N6848'40"W 13 feet to an iron pin; continuing thence along such lands of Wall Tire Co. N6858'40"W 327.25 feet to an iron pin, located on the southwestern corner of the tract herein conveyed, where the same corners on the southwest with such lands of Wall Tire Co., and on the northwest with such right-of-way of State Highway #44; running thence along a 5" curve and the arch of a chord Nl900'00"E 132.70 feet to the POINT OF BEGINNING. This is the same tract or parcel ofland as described in plat of survey entitled "Survey of Building Lot for Greene Co. Farm Bureau" by Lawrence A. Corry, RLS, dated October 30, 1992, and recorded in Plat Book 21, Page 11, in the office of the Clerk of the Superior Court of Greene County, Georgia; and this is a portion of the lands conveyed from JAMES C. BAYNES, as Executor under the Will of MARGUERITE JACKSON BAYNES to JAMES C. BAYNES and HARON GATEWOOD BAYNES, III, by Assent to Devise, datedApril1, 1985, and recorded in Deed Book 96, Pages 560 in the Office of the Clerk of the Superior Court of Greene County, Georgia;

The plats and deeds identified above are incorporated into this description by reference, as if fully set out herein, for a more sufficient description of this tract or parcel ofland, and the property rights and interests conveyed and reserved in reference thereto.

See Also Deed Book 243, Pages 119-120, Greene County, Georgia records, made a part hereof by reference Map & Parcel# 070-0-00-075-C

PARCEL 4: All that tract or parcel of land, together with any and all improvements located thereon, lying and being in the 143rd District, G.M., Greene County, Georgia containing 1.35 acres, more or less, as is particularly shown on that certain plat of survey for Scott Turner prepared by Lawrence A. Corry, RLS, No. 1200, dated May 1, 1993, recorded in Plat Book 21, Page 53, in the Office of the Clerk of the Superior Court of Greene County, Georgia, which said plat and the record thereofare hereby incorporated herein and made a part hereof by reference. Said property is bounded, now or formerly, on the North and East by property now or formerly of Jimmy Baynes; on the South by Greene County Farm Bureau; and on the West by the eastern right-of-way of State Route #44 (South Main Street). This is the same land as that conveyed by Warranty Deed

4468 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
from James C. Baynes to D. Scott Turner dated July 2, 1993, recorded in Deed Book 253, Page 107-108, Greene County, Georgia Records.
See Also Deed Book 655, Pages 654 and 655, Parcel Two, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 070-0-00-075-D
PARCEL 5: All that tract or parcel of land lying and being in the City of Greensboro 143rd G.M.D., Greene County, Georgia, and containing 0.99 acres, as per plat of survey dated December 18, 199 5, for Lawrence D. Smith by Robert H. Harwell, Georgia RLS, and recorded in Plat Cabinet 1, Slide 394, Page 4, Greene County, Georgia, records, which plat is incorporated herein and made a part hereof by reference.
See also Deed Book 565, Pages 113-114, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 070-0-00-075-E
PARCEL 6: All that certain tract or parcel ofland lying and being in the 143rd District, G.M. of Greene County, Georgia, containing 192.73 acres, more or less, and being designated Tract 2 and having such shape, courses, metes and distances as will more fully appear by reference to that certain plat entitled Survey for Marquerite J. Baynes Estate prepared by Robert H. Harwell, Registered Surveyor, on March 28, 1985, and recorded in Plat Book 11, Page 136, in the Office of the Clerk of the Superior Court of Greene County, Georgia, which said plat and the record thereof are hereby incorporated herein and made a part hereof by reference. The land herein described is bounded generally on the north by State Highway No. 44; on the northeast by lands of James C. Baynes and H. G. Baynes, III (Tract No. 1 on plat hereinabove referred to); on the east by Georgia Kraft Company; on the south by Interstate 20; on the southwest by lands of Ann Dolvin Rozier; on the west by lands of William F. Wolski; and on the northwest by lands of City of Greensboro and lands ofMrs. R. L. Boswell, et.al. This is a portion of the land known as the Baynes-Foster Place conveyed to Mrs. Marquerite J. Baynes by deed from William R. Jackson, et.al. dated August 2, 1915, recorded in Deed Book 18, Page 3 71, in said Clerk" s Office, and land conveyed to the Estate of Marquerite J. Baynes by deed from Ann D. Rozier, dated March 15, 1985, recorded in Deed Book 96, Page 328, in said Clerk" s office, said deeds being here referred to in aid of this description. This is the same land described as Tract II in deed from James C. Baynes, Executor of Marquerite J. Baynes to American Real Estate Investment Company, Ltd. dated July 26, 1985 and

GEORGIA LAWS 2006 SESSION

4469

recorded in Deed Book 97, Page 711, in said Clerk's office; and also in deed from American Real Estate Investment Company, Ltd. to James Robert West and Donna Sue West dated January 12, 1988, recorded in Deed Book 128, Pages 161-2, in said Clerk's office.

See also Deed Book 218, Page 144 Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 070-0-00-080-0

PARCEL 7: All that certain lot or parcel of land lying and being in the 143rd District, G.M. of Greene County, Georgia, being described as follows:

BEG INNING in the southwestern most corner of the property herein described, the same being a corner common to the property herein described, property of B. Barry Darugar and the easterly right-of-way of Georgia Highway 44 leading from downtown Greensboro to Interstate 20 and running thence in a northerly direction along said right-of-way to its intersection with a branch which traverses said right-of-way from northwest to southeast; thence proceeding easterly and southerly along said branch to its intersection with the centerline of Town Creek; thence along said centerline of Town Creek and the meanderings thereof to its intersection with property of Darugar; thence along said Darugar property line to the point of beginning. The land herein described is bounded generally on the north and northeast by the aforesaid branch; on the east by Town Creek; on the south by lands of Darugar; and on the west by the right-of-way of Georgia Highway 44.

See also Deed Book 398, Page 266 Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 071-0-00-007-0

PARCEL 8: All that certain tract or parcel of land lying and being in the 163rd G .M.D. of Greene County, Georgia, containing 10.935 acres, more or less, being bounded generally, now or formerly, on the West by Georgia Highway No. 44; South by the right-of-way of Interstate No. 20 leading from Madison to Augusta; Northeast by lands of the City of Greensboro; and Northwest by lands of American Real Estate Investment Company, Ltd., Jarrard, and DanWay Oil Company. The land herein described is more particularly shown as a 10.935 acre parcel on a plat by P.E. Ogletree, Registered Surveyor, dated December 1967, as follows: BEG INNING at the southwestern most comer of the property herein described, the same being an iron pin at the intersection ofthe easterly right-of-way of Georgia

4470 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Highway 44 and the northerly right-of-way of Interstate No. 20, and running thence along said Georgia Highway No. 44 right-of-way North 31 o 04' East 147 feet to an iron pin; thence North 68 00' East 836.5 feet to an iron pin; thence South 44 55' East 922.7 feet to the right-of-way of Interstate 20; thence along said right-of-way South 86 57' West 176.6 feet to an iron pin; thence North 79 41' West 822.2 feet to an iron pin; thence North 81 o 41' North 522.2 feet to an iron pin and the point of beginning. This is the same property conveyed by Ann Colvin Rozier to Carol W. Hatfield and Eugene A. Hatfield by deed dated January 2, 1994, of record in Deed Book 268, Pages 272-273, Greene County records.
See also Deed Book 748, Page 546, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 071-0-00-011-0
PARCEL 9: All that certain tract or parcel of land lying and being in the 163 rd District, G.M. in Greene County, Georgia, the same containing 5.018 acres, more or less, and being bounded now or formerly as follows: On the north by the right-of-way oflnterstate #20, on the northeast by land of Rozier, on the south by right-of way of county road leading easterly from Georgia Highway #44, and on the northwest by right-of-way of Highway #44. Said land has such shape, courses, metes and distances as will more fully appear by reference to that certain plat made by Robert H. Harwell, Registered Land Surveyor No. 1683, dated March 24, 1973, recorded in Plat Book 8, Page 16, Greene County, Georgia records, said plat made a part hereof by reference.
LESS AND EXCEPT THE FOLLOWING: 0.70 of an acre, more or less, and being bounded now or formerly as follows: on the north by Interstate #20 right-of-way; on the east by property of James H. Austin; on the south by Meadow Crest Road (County Road No. 68); and on the west by Georgia Highway #44 and Interstate #20 right-of-way. Said property described on a plat of survey by Robert H. Harwell, Registered Surveyor No. 1683, dated February 8, 1992, and recorded in Plat Book 18, Page 163, Greene County, Georgia records, said plat made a part hereof by reference. This 0.70 acre parcel being the same property described in a Warranty Deed from James Austin to Gary Michael Jarrard and James R. Jarrard, said Deed dated February 10, 1992, recorded in Deed Book 220, Page 267, said records.
See also Deed Book 668, Page 113 Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 071-0-00-026-0

GEORGIA LAWS 2006 SESSION

4471

PARCEL 10: All that certain tract or parcel ofland lying and being in the 163rd District, G .M. in Greene County, Georgia, containing 1.00 acre, more or less (excluding Meadow Crest Road right-of-way) and described as follows: the point of beginning is the iron pin found at the northern-most corner of the 5.018 acres, more or less, as identified above, with the plat thereof recorded in Plat Book 8, Page 16 of Greene County Records aforesaid, said iron pin being located at the intersection of Interstate 20 and lands now or formerly of Ann D. Rosier as shown on such plat; thence South 32 degrees 38 minutes East a distance of 296.9 feet to an iron pin found; thence South 37 degrees 39 minutes East a distance of 36.6 feet to an iron pin found; thence South 57 degrees 44 minutes West a distance of 100.00 feet to an iron pin found; thence South 66 degrees 01 minutes West a distance of 100.00 feet to an iron pin found; thence North 15 degrees 58 minutes 24 seconds West to intersect with the Interstate 20 right-of-way as shown on said plat (a distance of approximately 360 feet); thence along the Interstate 20 right-of-way North 74 degrees 14 minutes East to the point of beginning.

PARCEL 11: All that certain tract or parcel ofland lying and being in the 163rd District, G.M. in Greene County, Georgia, containing 0.70 of an acre, more or less, and being bounded now or formerly as follows: on the north by Interstate #20 right-of-way; on the east by property of James H. Austin; on the south by Meadow Crest Road (County Road No. 68); and on the west by Georgia Highway #44 and Interstate #20 right-of-way. Said property described on a plat of survey by Robert H. Harwell, Registered Surveyor No. 1683, dated February 8, 1992, and recorded in Plat Book 18, Page 163, Greene County, Georgia records, said plat made a part hereof by reference. This 0. 70 acre parcel being the same property described in a Warranty Deed from James Austin to Gary Michael Jarrard and James R. Jarrard, said Deed dated February 10, 1992, recorded in Deed Book 220, Page 267, said records.

See also Deed Book 668, Page 113 Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 071-0-00-026-A

PARCEL 12: All that tract or parcel of land lying and being in the 163rd G.M.D. of Greene County, Georgia, containing 83.667 acres, more or less, and being more particularly described on Plat of Survey prepared by Robert E. Harwell, RLS # 1683, dated June 7, 1983, recorded in Plat Book 13, Page 68, Greene County, records. Said property is bounded now or formerly as

4472 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
follows: On the North by lands of Jim Austin; on the East by lands of Anne Dolvin Rozier; on the South by lands of Anne Dolvin Rozier and Henry A. Lassiter; and on the West by lands of Henry A. Lassiter and the right-of-way of Georgia Highway 44. This is a portion of the same property conveyed by Warranty Deed from Lee M. Whitehead, Mrs. Blanche W. Moss, Roy B. Whitehead, Ellison F. Whitehead and William E. Whitehead to James H. Austin dated April 5, 1974, recorded in Deed Book 65, pages 96-97 of the records of the Clerk of the Superior Court of Greene County, Georgia.
See also Deed Book 588, Page 296, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 071-0-00-031-0
PARCEL 13: All that tract or parcel ofland, with improvements thereon, situate, lying and being in the 163rd District, G.M. of Greene County, Georgia, containing 0.89 acre, more or less, and being more particularly described by reference to Plat of Survey thereofmade for SUN-CO, INC. and prepared by Perry D. Phelps, R.L.S. No. 1384, dated January 31, 1994, and recorded in Deed Book 21, page 143, in the Office of the Clerk, Superior Court, Greene County, Georgia, reference being hereby made to said plat for a more complete description ofthe property herein conveyed.
This being the same property conveyed to Robert M. Boswell, III by Warranty Deed from Sun-co, INC. dated March 18, 1994, and recorded in said Clerk's Office.
See also Deed Book 364, Page 85, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 071-0-00-033-0
PARCEL 14: ALL that tractor parcel of land lying and being in the 163rd District, G .M, Greene County; Georgia, containing 0.61 acres, more or less, and being more particularly described on plat ofsurvey for Sun-Co, Inc. prepared by Robert H. Harwell, Georgia Registered Surveyor No. 1683, dated February 8, 1992 and recorded in Plat Book 18, page 162, in the Office of the Clerk, Superior Court, Greene County, Georgia, reference being hereby made to said plat for a more complete description of the property herein conveyed.

GEORGIA LAWS 2006 SESSION

4473

This being the same property conveyed to Robert M. Boswell, Ill by Warranty Deed from Sun-Co, Inc. dated October, 1995, and recorded in said Clerk's Office.

See also Deed Book 364, Page 85, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 071-0-00-033-A

PARCEL 15: All that tract or parcel of land lying and being in the 163rd G.M.D., Greene County, Georgia, containing 4.53 acres, more or less, and BEGINNING at a point on the southern right-of-way of County Road No. 68 that is 347.65 feet East ofthe eastern right-of-way ofState Route No. 44; thence South 81 o 11' 12" East along the right-of-way of County Road No. 68 to a point; thence proceed North 84 46' 43" East along said right-of-way 417.36 feet chord, R=699.5 feet, Arc=424.44 feet to an iron pin; thence running South 28 39' 00" East 235.35 feet to an iron pin; thence running 240.00 feet to a point; thence running North 81 03' 03" West 545.00 feet to a point; thence running 88.16 feet to an iron pin; thence running North 6 34' 26" East 246.08 feet to the Point of Beginning. Subject property contains 4.53 acres, more or less, according to plat of survey prepared by Lawrence A. Corry, Registered Surveyor No. 1200, dated July 2, 1999, and recorded in Plat Cabinet 1, Slide 451, Page 4, in the Office of the Clerk ofthe Superior Court of Greene County, Georgia, which said plat and the record thereof are hereby incorporated herein and made a part hereof by reference.

Prior Deed Reference: Warranty Deed from Lee M. Whitehead, Mrs. Blanche W. Moss, Roy B. Whitehead, Ellison F. Whitehead and William E. Whitehead to James H. Austin dated April 5, 1974, and recorded in Deed Book 65, Page 96-97, Greene County, Georgia records. The hereinabove conveyed property is all of the remaining property on the South side of the Meadowcrest Road owned by James H. Austin as conveyed in said prior deed reference.

See also Deed Book 523, Page 21 Map & Parcel No: 071-0-00-034-0

PARCEL 16: All that tract or parcel ofland lying and being in G.M.D. 163rd of Greene County, Georgia, and being more particularly described as follows: Beginning at a point on the southern right-of-way of Meadowcrest Road (80-foot right-of-way), 288.0 feet easterly from the point of intersection of the southeastern right-of-way of GA Highway 44 (130-foot

4474 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
right-of-way) and the southern right-of-way of Meadowcrest Road, as measured along a line parallel to and 40 feet South of the center line of Meadowcrest Road. Said POINT OF BEG INNING being the northeast corner of property conveyed from Grantor herein to Sun-Co, Inc. by Deed dated February 10, 1992; thence South 84 degrees 22 minutes 0 I seconds East from the POINT OF BEGINNING along the southern right-of-way of Meadowcrest Road 60.0 I feet to a point; thence South 06 degrees 34 minutes 26 seconds West through other property ofGrantor 246.08 feet to a point; thence South 83 degrees 03 minutes 52 seconds East 88.16 feet to a point, which is a common corner between property owned by Grantor and property owned by Henry A. Lassiter; thence South 34 degrees 23 minutes 20 seconds West along the property of Henry A. Lassiter 450.0 feet to a point; thence North 55 degrees 34 minutes 52 seconds West along the northern line of said Henry A. Lassiter property 315.0 feet to a point at the southern corner ofproperty conveyed from Grantor to Jere M. Power by Deed dated December 16, 1986; thence North 34 degrees 26 minutes 08 seconds East along the southeastern line of said Power property 346.20 feet to the southern line of the aforementioned Sun-Co, Inc. property; thence South 83 degrees 25 minutes 52 seconds East along said Sun-Co, Inc. property 158.35 feet to a point; thence North 06 degrees 34 minutes 26 seconds East along the eastern line of said Sun-Co, Inc. property 201 .13 feet to the southern right-of-way of Meadowcrest Road and the POINT OF BEGINNING. Together with any right, title or interest held by Grantor in that certain easement for access, ingress and utilities, which is 207.79 feet in length, has a width of 40 feet and runs from GA Highway 44 to the southwest corner of the above-described property; said easement being reserved in the aforementioned Deed from Grantor to Jere M. Power, which was dated December 16, 1986.
See also Deed Book 255, Page 257 Map & Parcel No: 071-0-00-03 4-A
TRACT II: HIGHWAY 278/PLANING MILL RD. TRACT
PARCEL 17: All that tract or parcel of land lying and being in the !43rd District, G .M., Greene County, Georgia, containing two (2) acres, more or less, with all improvements thereon, lying on the west side ofthe Greensboro-Penfield pub lie road, beginning at a point at the southeast corner of the lot hereby conveyed where same corner with lands ofMapp on the western boundary of the right-of-way of said Greensboro-Penfield Road and running in a westerly direction along the property line of said Mapp a distance of 420 feet to lands of Mrs. Miriam A. Thornton, thence in a northerly direction along the property line of said Mr. Thornton a distance of

r

GEORGIA LAWS 2006 SESSION

4475

200 feet to a point, thence in an easterly direction along the property line of Champion a distance of 420 feet to the western boundary of said Greensboro-Penfield Public Road right-of-way, thence in a southerly direction along the western boundary of the right-of-way of said Greensboro-Penfield public road a distance of 200 feet to point of beginning. Said parcel of land being bounded on the north by lands of Champion, east by said Greensboro-Penfield public road, south by lands of Mapp, and west by land of the said Mrs. Thornton.

See also Deed Book 726, Page 651, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-027-0

PARCEL 18: All that tract or parcel of land lying and being in the 143rd G.M.D., Greene County, Georgia, being comprised of 1.10 acres, more or less, bounded as follows: On the north by lands of G. Thomas; on the east by the westerly right-of-way of the Greensboro-Penfield public road; on the south by lands of W. Hall; and on the west by lands of Anderson. This being the same tract or parcel of land as described in plat of survey by Perry D. Phelps, Registered Surveyor, dated AprillO, 1975, and recorded in Plat Book 8, Page 289 in the office of the Clerk of Superior Court of Greene County, Georgia. This is also the same tract or parcel of land being described in U.S. Marshal's Deed from Dwayne Gilbert, United States Marshal, to William R. Wilson, dated December 8, 1978, and recorded in Deed Book 78, Pages 147-9 in the office of the Clerk ofthe Superior Court of Greene County, Georgia, and also that same tract or parcel of land as described in Security Deed from Addie L. Mapp to the United States of America, acting by and through the Farmers Home Administration, dated August 11, 1975, and recorded in Deed Book 69, Pages 12-15 in said Clerk's office; said deeds and plat are incorporated herein by reference for a more sufficient description of that tract or parcel of land herein described.

See also Deed Book 90, Page 516, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-028-0

PARCEL 19: All that lot of land lying and being in Greene County, Georgia, 143rd District, G.M., containing 1.446 acres, more or less, and bounded on the North by land of Addie Lue Mapp; on the East by the Greensboro-Penfield public road; on the South by land of J.E. Akins; an don the West by land of the City of Greensboro, this being the same lot of land shown on plat

4476 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thereof by L.A. Corry, Surveyor, dated March 24, 1973, and recorded in Plat Book 8, Page 281, office of the Clerk of Superior Court, Greene County, Georgia, and made part hereof by reference.
This being the same land described in deed from Melvin Stephens to William R. Wilson, dated March 21, 1975, and recorded in Deed Book 68, Page 26, said Clerk's office.
See also Deed Book 68, Page 452, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-029-0
PARCEL 20: All that tract or parcel of land, together with all improvements thereon, lying and being situate in the 143rd District, G.M. of Greene County, Georgia, and being more particularly described as follows: Beginning on the western boundary of the Greensboro-Penfield public road at comer between land of J.E. Akins and land of Wyman Hall; and running thence westerly along line of said Hall land two-hundred feet (200) feet, more or less, to line of land of City of Greensboro (now used as a trash and garbage dumping ground); thence southerly along line of said City of Greensboro land one-hundred fifty ( 150) feet, more or less, to the northern boundary of a dirt road leading westerly from said Greensboro-Penfield public road to land of McCommons; thence easterly along the northern boundary of said dirt road two-hundred (200) feet, more or less, to the western boundary of said Greensboro-Penfield public road, and thence northerly along said Greensboro-Penfield public road one-hundred fifty (150) feet, more or less, to the beginning point. The land herein conveyed is bounded on the North by land of Wyman Hall, on the East by the western boundary of the Greensboro-Penfield public road, on the South by the northern boundary of a dirt road leading westerly from the Greensboro-Penfield public road to land ofMcCommons, and on theW est by land of the City of Greensboro.
This is the same land conveyed by J.E. Akins to L.C. Reid by deed dated November 16, 1964, recorded in Deed Book 50, Page 17 0, in the office of the Clerk of the Superior Court of Greene County, Georgia.
See also Deed Book 704, Page 635, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-030-0

GEORGIA LAWS 2006 SESSION

4477

PARCEL 21: All that tract or parcel of land lying and being in the 143rd G.M. of Greene County, containing 1 acre, more or less, and having such shape, courses, metes and distances as will more fully appear by reference to that certain plat of survey prepared by John B. McGill, dated March 27, 1973, and recorded in Plat Book 8, Page 11 7 in the office of the Clerk of the Superior Court of Greene County, Georgia, said plat and the record thereof are incorporated herein by reference, in aid of this description.

See also Deed Book 493, Page 167, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-037-0

PARCEL 22: All that tract or parcel of land lying and being in Greene County, Georgia, G.M. District 143, bounded West by Penfield public road; on the North and Northeast by lot now or formerly of Mattie H. Alexander, on East by lot now or formerly of Higdon Estate, on the South by lands now or formerly of Almetta Barnhart and being the same lot ofland shown on plat of survey by Lawrence A. Corry, dated August 8, 1978, recorded in the office of the Clerk of Superior Court of Greene County, Georgia in Plat Book 8, Page 81 and being the same lot of land described in deed from Almetta Barnhart to Joe N. Turner, dated October 30, 1973, and recorded in said Clerk's office, said plat and deed made a part hereof by reference.

Subject to all easements and restrictions of record, if any.

See also Deed Book 735, Page 409, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-038-0

PARCEL 23: All that certain lot or parcel of land together with any and all improvements thereon, lying and being in the City of Greensboro, Greene County, Georgia, 143rd District, G.M ., containing .52 acres, more or less and being more particularly shown on that certain Plat of Survey for Louis Smith, prepared by Robert H. Harwell, RLS # 1683 dated October 2, 2002, said plat recorded in Plat Cabinet 1, Slide 554, Page 3, in the Office of the Clerk of the Superior Court of Greene County, Georgia, which said plat and the record thereof are hereby incorporated herein and made a part hereof by reference.

4478 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This is a portion of the property conveyed to Leroy Smith and Annie Lou Smith by Warranty Deed recorded in Deed Book 44, Page 30, aforesaid records.
See also Deed Book 778, Pages 450-451, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-040-B
PARCEL 24: All that lot ofland lying and being in the Greene County, Georgia, 143rd District, G.M ., containing one ( 1) acre, more or less, as shown by plat of same by Perry D. Phelps, Surveyor, dated October 19th, 1968, and said plat is recorded in the office of the Clerk of the Superior Court, Greene County, Georgia in Plat Book 6, Page 121, said plat made part hereof by reference - the within conveyed lot of land being bounded Northeast by land of Georgia Kraft Company; on the East and South by land of LeRoy Smith and Annie Lou Smith; and on the West by land of Alameta D. Barnhart - said property also being the same described in deed from LeRoy Smith and Annie Lou Smith to Robert Lee Brown by deed dated November 30th, 1971, and recorded in said Clerk's office in Deed Book 55, Page 121, this said deed also made a part hereof by reference.
See also Deed Book 246, Page 206, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-041-0
PARCEL 25: All that certain tract or parcel ofland lying and being in the 143rd District, G .M. of Greene County, Georgia, containing 13.77 acres, more or less, and having such shape, courses, metes and distances as shown on a plat of survey prepared by Lawrence A. Corry, Registered Surveyor #1200, said plat being recorded in Plat Book 21, Page 121, in the Office of the Clerk of the Superior Court of Greene County, Georgia, and more particularly described as follows: BEG INNING at the southeast comer of the tract herein described, being an iron pin on the north line of County Road No. 134 and being referenced S 61 degrees 55' 04" W 637.77 feet from an iron pin; thence along the north line of said County Road No. 134 S 61 degrees 55' 04" W 999.29 feet; thence leaving the line of said road N 15 degrees 17' 34" W 800.36 feet to an iron pin on the east line of said road S 925; thence along said east line of road S 925 N 26 degrees 36' 35" E 65.99 feet to an iron pin; thence leaving the line of said road S 87 degrees 44' 39" E 1085.06 feet to an iron pin; thence S 03 degrees 47' 05" W 318.61 feet to the POINT OF BEGINNING.

GEORGIA LAWS 2006 SESSION

4479

This is the same property as that described in Limited Warranty Deed from Georgia-Pacific Corporation to Robert A. Lebeaux dated January 12, 1994, recorded in Deed Book 269, Pages 5-7, Greene County, Georgia, records, incorporated herein by reference.

See also Deed Book 315, Page 194-195, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-042-0

PARCEL 26: All of that tract or parcel of land lying and being in the 143rd GMD, Greene County, Georgia, containing 1.5 acres of land, more or less, and being known as the "Log Cabin Lot" bounded north by lands formerly of C. L. Williams but now property ofTom Cannon; East by lands formerly of C. L. Williams but now the property of Tom Cannon; South by old Greensboro-Union Point public road; West by lands formerly of Mrs. S. H. Conley but now a pulpwood yard. This being the same property formerly owned by Frank A. Boswell and by him deeded to Annie Lee Thomas.

See also Deed Book 680, Page 455, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-043-0

PARCEL 27: All that tract or parcel of land lying and being in the 143rd G.M.D., Greene County, Georgia, and being designated as Tract 5 containing 6.99 acres, more or less, and being more particularly described in a plat of survey by R.V. Baldwin, RLS #2655, dated August 24, 2000, which is recorded in Plat Cabinet 1, Slide 547, Page 1, Office of the Clerk of Greene County Superior Court to which reference is made for the true and accurate description of this property.

Prior Deed Reference: The within conveyed property is a portion of that deeded to R.L. Boswell on February 29, 2000 by a Limited Warranty Deed from Louisiana-Pacific Corporation which is recorded in Deed Book 529, Pages 26-29, said records.

Subject to those certain Declaration of Protective Covenants dated February 20, 2000 and recorded in Deed Book 529, Pages 30-33, said records.

See also Deed Book 768, Page 631, Greene County, Georgia, records, made a part hereof by reference

4480 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Parcel number 086-0-00-078-B
PARCEL 28: All that certain tract or parcel ofland lying and being in the 143rd District, G.M., Greene County, Georgia, containing 1.15 acres, more or less, and having such shape, courses, metes and distances as will more fully appear by reference to that certain plat of survey prepared by The Oconee Company, certified by John A. McGill, Georgia Registered Surveyor No. 1753, dated March 30, 2000, and recorded in Plat Cabinet 1, Slide 455, Page 1, in the Office of the Clerk of the Superior Court of Greene County, Georgia, which said plat and the record thereofare hereby incorporated herein and made a part hereof by reference.
Prior Deed Reference: Warranty Deed from Jessie Moon to H.E. Norman and Mary Ruth Norman dated December 4, 1965, recorded in Deed Book 50, Page 520, Greene County, Georgia records.
See also Deed Book 534, Page 14, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-079-0
PARCEL 29: All that certain tract or parcel of land, together with all improvements located thereon, lying and being in the 143rd District, G .M., Greene County, Georgia, containing 3.02 acres, more or less, and having such shape, courses, metes and distances as will more fully appear by reference to that certain plat of survey prepared by The Oconee Company, certified by John A. McGill, Georgia Registered Surveyor No. 1753, dated March 29, 2000, and recorded in Plat Cabinet 1, Slide 455, Page 6, in the Office of the Clerk of the Superior Court of Greene County, Georgia, which said plat and the record thereof are hereby incorporated herein and made a part hereof by reference.
Prior Deed Reference: Warranty Deed from Jessie Moon to H.E. Norman and Mary Ruth Norman dated December 4, 1965, recorded in Deed Book 50, Page 520, Greene County, Georgia records.
See also Deed Book 534, Page 15, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-079-A
PARCEL 30: All that tract or parcel of land situate, lying and being in the 143rd District, G.M., in Greene County, State of Georgia, together with all the

GEORGIA LAWS 2006 SESSION

4481

improvements thereon, formerly a portion of Knox Lumber Company Lands, being located on public road leading from Old Union Point Road to U.S. Highway 278, containing 2.255 acres, more or less, and bounded now or formerly as follows: on the North by Georgia Railroad right-of-way, on the East by lands of Jesse L. Moon, on the South by public road as above mentioned and on the West by lands of J.B. Dolvin. As further description, refer to that plat recorded in Plat Book 4, Page 72 in the Office of the Clerk of Superior Court, Greene County, Georgia.

This being the same property conveyed from Della W. Hanson to Carolyn Turner in a Warranty Deed dated April27, 1970 and recorded in Deed Book 56, Page 81, said records.

See also Deed Book 481, Page 101, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-080-0

PARCEL 31: All that tract or parcel ofland lying and being in the 143rd District, G .M., Greene County, Georgia, containing 2.23 acres, more or less, bounded as follows: North by Georgia Railroad; East by lands of Carolyn Turner; South by public road known as the old Greensboro-Union Point Road; and on theW est by lands of Len Dolvin. Said tract of land is the same land as that described in a deed from Donie Ewing, et.al., to J.M. Stubblefield, et.al., recorded in Deed Book 51, Pages 398-399, Clerk's Office, Greene County, Georgia, and is more particularly described by a plat of the same recorded in Plat Book 4, Page 22, said records.

See also Deed Book 259, Page 228, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-081-0

PARCEL 32: All that certain tract or parcel ofland situate, lying and being in the 143rd G.M .D., of Greene County, Georgia, containing 5.638 acres, more or less. Said tract is bounded on the North and Northwest by the right-of-way of the Georgia Railroad; on the Northeast and East by lands of Mrs. Donnie Ewing; on the South by County Road #151 and lands of Jettie Mitchell, and Charlie Reid; on the West of lands of Jettie Mitchell and lands of Schoerner Corporation. This being a portion of the land acquired in that deed from Rochelle Furniture Manufacturing Company to J.B. Dolvin, dated November 17, 1958, now of record in Deed Book 45, at Page 3. Said tract if fully described as to shape, courses, metes, distances and bounds in a plat thereof made by Lawrence A. Corry, R.L.S., dated

4482 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
March 26, 1984, identified as lands of J.B. Dolvin Estate, a copy of which is now of record in Plat Book 13, Page 232.
See also Deed Book 303, Page 37, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-082-0
PARCEL 33: All that tract or parcel of land lying and being the 143rd District, G.M. of Greene County, Georgia, formerly a portion of Knox Lumber Company lands, being designated as Lots No. 5 and 6, J.B. Dolvin Subdivision as shown by plat of said subdivision of record in office of the Clerk of the Superior Court of Greene County, Georgia, in Plat Book 4, Page 44, which said plat is expressly made part hereof by reference in aid of this description. Said lots bounded as follows: North by Lot No. 7 of said subdivision, East by lands of J.B. Dolvin, South by public road from Greensboro, Georgia to Union Point, Georgia, West by Lot No. I of said subdivision.
See also Deed Book 487, Page 285, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 08 6-0-00-08 3-0
PARCEL 34: All that tract or parcel of land lying and being situated in the 143rd District G.M. in Greene County, Georgia, formerly a portion of Knox Lumber Co. Lands, being designated as Lot No. 1, J.B. Dolvin Subdivision as shown by plat of said subdivision of record in the office of the Clerk of Superior Court of Greene County, Georgia, in Plat Book 4, Page 44, which said plat is expressly made a part hereof by reference in aid of this description. Said lot bounded as follows: North by Lot No.2 of said subdivision, East by Lots No. 5 and 6 of said subdivision, South by public road from Greensboro, Georgia to Union Point, Georgia, West by lands of W .B. & R.R. Caldwell.
See also Deed Book 356, Page 86, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-084-0
PARCEL 35: All that tract or parcel of land situate, lying and being in the 143rd District, G.M., Greene County, Georgia, said property being I acre more or less. Beginning at a point located on the Southern side of Planing Mill Road which is the Northeastern most corner of the property owned now

GEORGIA LAWS 2006 SESSION

4483

or formerly by Vincent Lewis as shown in the Greene County Superior Court Clerk's Records Plat Book 7, Page 142, Deed Book 588, Page 15; said poirrt being the point of BEGINNING; thence Northeasterly N8105'34"E for a distance of 210 feet to an iron pipe; thence Southeasterly S2526'22E for a distance of 216.36 feet to an iron pipe; thence Southwesterly S81 05'34"W 210 feet to an iron pin; thence Northwesterly N2526'22"W for a distance of 216.22 "W for a distance of 216.36 feet to the point of beginning.

Said property will more fully appear by reference as Track #1 in a plat of survey by Edwin R. Cowherd, RLS No. 1710, dated June 3, 2005 and recorded in Plat Cabinet 1, Slide 566, Page 7, Office of the Clerk of Superior Court ofGreene County, Georgia, said plat is incorporated herein and made part hereof by reference.

See also Deed Book 800, Page 612, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-086-0

PARCEL 36: All that tract or parcel of land situate, lying and being in the 143rd District, G.M., Greene County, Georgia, said property being 1 acre more or less. Beginning at a point located on the Southern side of Planing Mill Road which is the Northeastern most corner of the property owned now or formerly by Vincent Lewis as shown in the Greene County Superior Court Clerk's Records Plat Book 7, Page 142, Deed Book 588, Page 15; said point being the point of BEGINNING; thence Northeasterly N8105'34"E for a distance of 210 feet to an iron pipe; thence Southeasterly S2526'22E for a distance of 216.36 feet to an iron pipe; thence Southwesterly S81 05'34"W 210 feet to an iron pin; thence Northwesterly N2526'22"W for a distance of216.22"W for a distance of 216.36 feet to the point of beginning.

Said property will more fully appear by reference as Track #2 in a plat of survey by Edwin R. Cowherd, RLS No. 1710, dated June 3, 2005 and recorded in Plat Cabinet 1, Slide 566, Page 7, Office of the Clerk of Superior Court ofGreene County, Georgia, said plat is incorporated herein and made part hereof by reference.

See also Deed Book 800, Page 611, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-086-A

4484 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PARCEL 37: All that tract or land lying and being within the 143rd District, Greene County, Georgia containing 15 acres, more or less, being bounded on the North by Planning Mill Road- The Old Greensboro Union public road; on the East by lands of Janie and Joan Marchman and lands of Albert C. MeN air; on the South by lands of Gus Terrell, Jr., Tony Compton, Ruth J. Rhodes, Robert & Debra Miller, and James Green; on the West by lands of Willie A. Horton and Shirley and William W. Reeves, being the same land conveyed by deed recorded in Deed Book 165, Page 129, being designated on Greene County Tax Map 86, Parcel87.
Subject to all easements and restrictions of record, if any.
See also Deed Book 759, Page 259, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-087-0
PARCEL 38: All that tract or parcel of land lying and being in the 143rd G.M.D., Greene County, Georgia, being triangular in shape and being comprised of one ( 1) acre, bounded on the north by a public road often referred to as the "Old Greensboro-Union Point Road"; on the east by lands of Albert C. MeN air, formerly of Greensboro Industrial Corporation; and on the southwest by lands of William J. Breeding, formerly of Sadler Mapp. This is the same tract or parcel of land as described in a plat of survey entitled "Lot of Land Sold by Greensboro Industrial Corporation to Olin Cawthon" by J.N. Turner, dated November 8, 1950, and recorded in Plat Book 2, Page 456 in the office of the Clerk of the Superior Court of Greene County, Georgia; this is also the same tract as conveyed to Olin C. Cawthon from Greensboro Industrial Corporation, dated July 20, 1956, and recorded in Deed Book 42, Page 171 in said Clerk's office; and in Assent to Devise from J.L. Lundy, Executor of the Estate of Olin C. Cawthon, to Hallie L. Cawthon; Beatrice C. Trever Garrison; David Callaway; Tracy Callaway; and Terry Callaway, dated June 6, 1981, and recorded in Deed Book 85, Page 205 in said Clerk's office. The plat and deeds mentioned above are incorporated herein by reference for a more sufficient description ofthat tract or parcel of land herein conveyed. This conveyance includes all improvements presently located on the above-described real estate, including house, shop and garage.
See also Deed Book 92, Page 255, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 08 6-0-00-08 8-0

GEORGIA LAWS 2006 SESSION

4485

PARCEL 39: All that tract or parcel ofland lying and being in Greene County, Georgia, and more particularly described as follows: lying and being in 143rd District, G.M., said State and County, and containing two and one-half (2 1/2) acres, more or less, and bounded on the North by public road, across from which lies land ofGreensboro Industrial Corporation (now or formerly); East by land of Jesse L. Moon; South by land of Sadler Map Estate; and West by land of Olin Cawthon. This being the same property as described in deed from Jesse L. Moon to first party herein, William Corry, dated December 3, 1965, and recorded in Office ofthe Clerk of the Superior Court, Greene County, Georgia, in Deed Book 50, Page 512, said deed made a part hereof by reference.

See also Deed Book 52, Page 268, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-089-0

PARCEL 40: All that tract or parcel of land, lying and being in the 143rd G.M.D., Greene County, Georgia, being comprised of2.94 acres, more or less, and being bounded now or formerly as follows: on the northwest by lands of William J. Breeding, lands of Robert & Debra Miller, and lands of Alberta H. Wright, on the north by lands of William J. Breeding, on the east and southeast by lands of Clinton Callaway and lands of Fleta & Lovett Williams, and on the southwest by lands of Lillian Mapp. This is the same tract or parcel of land as shown on plat of survey by Robert H. Harwell, RLS, dated November 24, 1985, entitled "Survey for Frank C. Mapp", and recorded in Plat Book 14, Page 11 in the office of the Clerk of the Superior Court of Greene County, Georgia,

LESS AND EXCEPTING THEREFROM, 0.72 ofan acre as described on plat of survey entitled "Survey for Leon & Alberta Wright", by Robert H. Harwell, RLS, dated October 3, 1986, and recorded in Plat Book 14, Page 109 in said Clerk's office; this is also the same tract or parcel of!and described in Warranty Deed from Yvonne Tonett Mapp and Hattie E. Mapp to Alberta Wright, dated June 5, 1987, and recorded in Deed Book 118, Page 2 84 in said Clerk's office,

LESS AND EXCEPTING THEREFROM, the 0.72 ofan acre as described in Warranty Deed from Frank C. Mapp and Yvonne Tonett Mapp to Alberta Wright, dated October 10, 1988, and recorded in Deed Book 110, Page 272 in said Clerk's office.

4486 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
See also Deed Book 223, Page 39, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 087-A-00-032-0
PARCEL 41: All that lot of land lying and being in Greene County, Georgia, 143rd District, G.M., containing seventy-two one-hundredths, (. 72), of an acre, more or less, and bounded on the North by lot of Robert and Debra Miller; on the East by land of Frank C. Mapp; on the South by land of Frank C. Mapp; and on theW est by land of Frank C. Mapp and land of said Robert and Debra Miller, and being the same lot ofland shown on plat thereofby Robert H. Harwell, dated October 3, 198 6, hereto attached, and also recorded in Office of Clerk, Superior Court, Greene County, Georgia, in Plat Book 14, Page 109; said plat made a part hereof by reference.
First parties grant unto second party an easement along the road leading from State Route #12 in a northerly direction to the above described property; said easement to be perpetual and to run with the land, and for purposes of egress and ingress to said above-described property.
See also Deed Book 110, Page 272, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 087-A-00-033-0
PARCEL 42: All that lot of land lying and being in Greene County, Georgia, 143rd District, G.M., containing one (1) acre, more or less, and bounded on the North by land of Clinton Callaway, on the East by land of said Clinton Callaway, on the South by land of Allen, and on the West by land of Wright, formerly Mapp land. This being the same lot of land shown on plat thereof by Perry D. Phelps, dated September 4th, 1988, hereto attached and also recorded in Office of Clerk, Superior Court, Greene County, Georgia in Plat Book 16, Page 121; said plat made a part hereof by reference.
This being a part of the land deeded to Clinton Callaway by deed of Paul Thomas and Ed Higdon.
See also Deed Book 140, Page 31 7, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 08 7-A-00-03 5-0

GEORGIA LAWS 2006 SESSION

4487

PARCEL 43: All that lot of land lying and being in Greene County, Georgia, 143rd District, G.M., containing 2.77 acres, more or less, and bounded on the North by land of Tony Compton; on the East by old Fairgrounds Road; on the Southeast and South by Highway# 12 and the above lot number 1; and on the West by land of Allen -this being the same lot of land as is shown on plat thereof by Robert H. Harwell, dated November 8, 1993, hereto attached, and also recorded in Office of Clerk, Superior Court; Greene County, Georgia, in Plat Book 21, page 99; said plat made part hereof by reference.

See also Deed Book 265, page 16, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No. 087-A-00-038-0

PARCEL 44: All that lot of land lying and being in Greene County, Georgia, 143rd District, G.M., containing one (1) acre, more or less, and bounded on the North by land of Gus Terrell; on the East by land of said Gus Terrell; on the West by other land of Clint Callaway, and being triangular in shape, and more particularly shown on plat thereof by Piedmont Engineering and Surveying Co., dated July 24, 1989, hereto attached, and also recorded in Office of Clerk, Superior Court, Greene County, Georgia, in Plat Book 16, page 248; said plat made part hereof by reference in aid of this description.

See also Deed Book 159, Page 216, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 087-A-00-039-0

PARCEL 45: All that lot or parcel ofland lying and being in Greene County, Georgia, 143rd District, G.M., containing one and ninety-five one-hundredths (1.95) acres, more or less, and bounded on the North by land of Greensboro Lumber Company; on the East by land ofGary Terrell; on the South by land of Clinton Callaway; and on the West by land of Greene County Fairground; and being the same property shown on plat thereofby Perry D. Phelps, Surveyor, dated November 11, 1986, hereto attached, and also recorded in Office ofClerk, Superior Court, Greene County, Georgia, in Plat Book 14, page 118; said plat made part hereof by reference.

This being partofthe land described in deed from Thomas and Higdon to Clinton Callaway in year 1951, of 9.10 acres, more of less; reference also made to plat recorded in Plat Book 7, page 107, said Clerk's Office.

4488 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
See also Deed Book 112, Page 44, Greene County, Georgia, records, made a part hereof by reference Parcel# 087-A-00-040-0
PARCEL 46: All that tract or parcel of land lying and being in the 143rd G.M .D., Greene County, Georgia, being comprised of0.74 acre, described more particularly as follows: BEGINNING at an iron pin located North 35 degrees West 25 3.0 feet from the intersection of the "Fairground Road" with the northwesterly right-of-way of State Route #12, at a point along the northeasterly side ofthe "Fairground Road" where lands ofthe Church of God intersect with the tract herein conveyed on the southeast; running thence along such lands of the Church of God North 40 degrees 30 minutes East 334.5 feet to an iron pin, located on the northeastern corner of the tract herein conveyed where the same borders on the southeast with such lands of the Church of God, and lands of Greensboro Lumber Company on the northeast; running thence along such lands of Greensboro Lumber Company North 69 degrees West 116.0 feet to an iron pin, located on the northwestern corner of the tract herein conveyed, where the same corners with such lands of the Greensboro Lumber Company on the northeast and lands of Clint Callaway on the northwest; running thence along such lands ofCallaway South 40 degrees 30 minutes West 257.05 feet to an iron pin, located where the tract herein conveyed borders with such lands of Callaway on the northwest and the "Fairground Road" on the southwest; running thence along such "Fairground Road" South 30 degrees East 116.0 feet to the POINT OF BEGINNING. This is the same tract or parcel of land described in plat of survey by Perry D. Phelps, RLS, dated February 24, 1985, and recorded in Plat Book 13, page 252, in the office of the Clerk of the Superior Court of Greene County, Georgia, and is a portion of the lands conveyed from P.H. THOMAS to CLINTON CALLAWAY, datedApril3, 1956, and recorded in Deed Book 31, page 441 in said Clerk's office; said deed and plat are incorporated herein by reference as if fully set out herein for a more sufficient description of that tract or parcel of land herein conveyed. Together with an easement of ingress and egress over the "Fairground Road" as shown on said plat, such easement being perpetual in nature and duration.
See also Deed Book 96, Page 180, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 087-A-00-041-0

GEORGIA LAWS 2006 SESSION

4489

PARCEL 47: All that tract or parcel of land lying and being in the 143rd District, G .M. of Greene County, Georgia, containing 1.90 acres, more or less, and bounded southeast by State Highway No. 12; Southwest and Northwest by lands of Clinton Callaway; Northeast by lands ofGreensboro Lumber Co. and lands of C. L. Bryant; Southeast by lands of Angles, of J. L. Lundy and of C. L. Bryant. A plat of said land made by J. N. Turner, surveyor, appears of record in office of Clerk, Superior Court of Greene County, Georgia in Plat Book 3, page 167, and said plat and the record thereof are hereby expressly made part hereof by reference in aid of this description.

See also Deed Book 45, Page 340, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 087-A-00-042-0

PARCEL 48: All that tract or parcel of land, together with house and improvements thereon, situated, lying and being in the l43rd District, G.M., Greene County, Georgia, and being bounded now or formerly as follows: on the southeast by State Highway #12 between Greensboro and Union Point; on the northeast by lands ofR. L. Boswell, Jr.; on the northwest by lands of Greensboro Lumber Company; and on the southwest by lands of Hallie L. Cawthon. This is the same property as described in the following deeds: (1) J. R. Angles and Mamie Angles by deed from W. A. Nipper, dated April 19, 1953, and recorded in Deed Book 39, page 388 in the office of the Clerk of the Superior Court ofGreene County, Georgia; (2) deed from Guy H. Bryant, dated December 17, 1953, recorded in Deed Book 39, page 228 in said Clerk's office; (3) warranty deed from Mrs. Mamie Angles to Roy G. Angles, dated August 11, 1970, and recorded in Deed Book 54, page 480 in said Clerk's Office; (4) quitclaim deed from Mamie Angles to Roy G. Angles, dated October 16, 1985, and recorded in Deed Book 99, page 21 in said Clerk's Office; and (5) Deed Under Power of Sale from Athens Federal Savings Bank, as Attorney-in-Fact for Roy G. Angles, to Athens Federal Savings Bank, dated December 6, 1988, and recorded in Deed Book 145, pages 324-6 in said Clerk's Office. This is also the same property at least partially described in plat of survey by J. N. Turner, dated April13, 1954, entitled" .. .lot ofland surveyed for J. R. Angles ... " and recorded in Plat Book 2, page 347 in said Clerk's Office; and further identified in proceedings of years support as described in Years Support Book C, page 23 in the office of Judge of the Probate Court of Greene County, Georgia. The deeds, plat and proceeding identified herein are incorporated into this description by reference as if fully set out herein, for a more sufficient description of that tract or parcel of land herein conveyed.

4490 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
See also Deed Book 168, Page 26, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 087-A-00-047-00'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intent to Introduce Local Legislation Notice is given that there will be introduced at the 2006 regular session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended, so as to annex certain property and land into the corporate limits of the City of Greensboro; to provide for related matters; to repeal conflicting laws, and for other purposes.
This the 9th day of February, 2006.
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 116 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Herald-Journal which is the official organ of Greene County on February 9, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MICKEY CHANNELL Mickey Channell Representative, District 116
Sworn to and subscribed before me, this 16th day of February 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

GEORGIA LAWS 2006 SESSION

4491

CITY OF KENNESAW- CITY COUNCIL; QUORUM.

No. 853 (House Bill No. 1346).

AN ACT

To amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the charter provision relating to what shall constitute a quorum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, is amended by striking Section 2.05 and inserting in lieu thereof a new Section 2.05 to read as follows:

"SECTION 2.05. City council.

The governing body of said city shall be composed of a mayor and five councilmembers, in which is vested all corporate, legislative, and other powers of the city, except as otherwise provided in this Act. The mayor and council shall hold regular public meetings at a stated time and place as provided by ordinance. The mayor and council shall meet in special session on call of either the mayor or the mayor pro tempore and two councilmembers and when notice of which has been served on the other members personally or left at their residence at least 12 hours in advance of the meeting. Alternatively, or in addition thereto, notice of a special session may be given by telephoning the other members. If this method is used, the first order of business in the special session shall be to enter upon the minutes of the meeting an oath or an affidavit by the mayor or the mayor pro tempore and two councilmembers calling the special session, attested to by the city clerk or by another member of the council, or any person authorized to administer oaths. Said oath or affidavit must contain a statement that each councilmember was either notified personally by telephone by the person making the oath or affidavit or was not capable of being so notified by reason of lack of knowledge of his or her whereabouts or because of his or her absence from the state. Any person who is found guilty offalse swearing as defined by Section 16-10-71 of the O.C.G.A., as it now exists or may hereafter be amended, in the above proceeding shall be punished as provided by law. Any action taken in a special session which was called by a person later found guilty of false swearing regarding the telephone notice of any member shall be void, unless ratified unanimously at a regular council meeting held after said person is found guilty. A ratification ofaction taken in such

4492 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
a special session by the mayor and council prior to a conviction for false swearing shall not be effective. Any liability to the city arising from action taken by the mayor and council pursuant to a special session in which telephone notice is given and in which the person calling the meeting is found guilty of false swearing shall result in several liability for the person so convicted. But such notice of a special meeting shall not be required and shall be considered waived if the mayor and all council are present when the special meeting is called or convened. Only the business stated in the written call or stated as being the purpose in the oath or affidavit required in special sessions convened under the telephone notice provision of this charter may be transacted at a special meeting, except by unanimous consent of all members of the council. The mayor and council shall exercise their powers in public meetings. Four members of the governing body ofthe city shall constitute a quorum. The council may by ordinance adopt rules and bylaws to govern the conduct of its business; including procedures and penalties for compelling the attendance of absent members. The mayor and council may provide by ordinance for punishment ofcontemptuous behavior conducted in their presence.*
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
L-032 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2006 session of the General Assembly a bill to amend an Act creating a new charter for the City of Kennesaw, approved April10, 1971 (Ga. L. 1971, p. 3620), as amended, and for other purposes. This the 5th day of January 2006.
Rep. R. Steve Tumlin, Jr. Chairman, Cobb County Delegation District 38 Georgia House of Representatives
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Judy Manning, who on oath deposes and says that she is the Representative from District 32 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on January 13,2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JUDY MANNING Judy Manning Representative, District 32

GEORGIA LAWS 2006 SESSION
Sworn to and subscribed before me, this 14th day of February, 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.

4493

COBB COUNTY- JUDGE OF PROBATE COURT; CLERK OF PROBATE COURT; COMPENSATION.
No. 854 (House Bill No. 1303).
AN ACT
To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, is amended by striking in its entirety Section 2A and inserting in its place a new Section 2A to read as follows:
sECTION 2A. The judge of the Probate Court of Cobb County shall receive an annual salary of $108,262.48, to be paid in equal monthly installments from the funds of Cobb County:
SECTION 2. Said Act is further amended by striking in its entirety the second sentence of Section 3 and inserting in its place a new sentence to read as follows:

4494 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
'The clerk ofthe probate court shall be compensated in the amount of$74,866.39 per annum, payable in equal monthly installments from the funds of Cobb County.'
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes.
This lOth day of January 2006.
Rep. R. Steve Tumlin, Jr. Chairman, Cobb County Delegation District 38 Georgia House of Representatives
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Johnson, who on oath deposes and says that he is the Representative from District 37 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ ofCobb County on January 13, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TERRY JOHNSON Terry Johnson Representative, District 37
Sworn to and subscribed before me, this 26th day of January 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

GEORGIA LAWS 2006 SESSION
My Commission Expires Aug. 25, 2007 (SEAL) Approved May 5, 2006.

4495

COBB COUNTY- HOMESTEAD EXEMPTION; LEGISLATIVE DECLARATIONS.
No. 855 (House Bill No. 1344).
AN ACT
To provide for legislative declarations with respect to all local homestead exemptions for all taxing jurisdictions consisting of or located in Cobb County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) With respect to all local homestead exemptions for all taxing jurisdictions consisting of or located in Cobb County, the primary residence for purposes of each such exemption includes the dwelling house and any outbuildings to the dwelling house, including, but not limited to, a detached garage, pool house, guest house, or storage facility. Any such outbuilding which is used for human occupancy is considered to be part of the dwelling house and is not considered a separate dwelling house if:
(1) Such outbuilding is not being leased or rented to a person not related to the owner; and (2) Such outbuilding meets at least one of the following criteria:
(A) Access to the outbuilding is available by way of a common driveway serving the main dwelling house; (B) The outbuilding is served by the same street number and mailing address as the main dwelling house and does not have a separate street number or mailing address; (C) The outbuilding receives utility service through a common utility meter shared with the main dwelling house or through a common utility account shared with the main dwelling house; or (D) The outbuilding is physically attached to the main house. (b) Where a homestead exemption is granted to a primary dwelling house which includes an outbuilding used for human occupancy, the appropriate local tax officials may require the owner of the dwelling house to make a sworn application demonstrating that the outbuilding meets the requirements of this Act and may

4496 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
require that such sworn application be renewed not more often than once every three years.
SECTION 2. It is the intent of the General Assembly, through the enactment of this Act, to provide a declaration of the law applicable in the tax jurisdiction of Cobb County and in any other local tax jurisdiction located in Cobb County; and the enactment of this Act shall not be construed to imply a legislative finding that prior law was to the contrary.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
L-035 NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to provide for legislative declarations with respect to all local homestead exemptions for all taxing jurisdictions consisting of or located in Cobb County, and for other purposes.
This 31st day of January 2006.
Representative Steve Tumlin 38th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Tumlin, who on oath deposes and says that he is the Representative from District 38 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 3, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
sf STEVE TUMLIN Steve Tumlin Representative, District 38
Sworn to and subscribed before me, this 9th day of February 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

GEORGIA LAWS 2006 SESSION
My Commission Expires Nov. 18,2009 (SEAL) Approved May 5, 2006.

4497

CITY OF KENNESAW - TERM OR DURATION OF FRANCHISE AGREEMENTS.
No. 856 (House Bill No. 1345).
AN ACT
To amend an Act creating a new charter for the City of Kennesaw, approved AprillO, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the provision relating to the term or duration of franchise agreements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the City of Kennesaw, approved April! 0, 1971 (Ga. L. 1971, p. 3620), as amended, is amended by striking subsection (g) of Section 1.03 and inserting in lieu thereof a new subsection (g) to read as follows:
'(g) To grant franchises or make contracts for public utilities and public services, including but not limited to those stated above, not to exceed 30 years. The mayor and council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with the laws of the State of Georgia.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

L-032 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2006 session of the General Assembly a bill to amend an Act creating a new charter for the City of Kennesaw, approved AprillO, 1971 (Ga. L. 1971, p. 3620), as amended, and for other purposes. This the 5th day of January 2006.
Rep. R. Steve Tumlin, Jr. Chairman, Cobb County Delegation

4498 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 38 Georgia House of Representatives
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Judy Manning, who on oath deposes and says that she is the Representative from District 32 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ ofCobb County on January 13, 2009, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JUDY MANNING Judy Manning Representative, District 32
Sworn to and subscribed before me, this 14th day of February, 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 5, 2006.
CHEROKEE COUNTY- REDEVELOPMENT POWERS; REFERENDUM.
No. 857 (House Bill No. 1343).
AN ACT
To authorize Cherokee County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII ofthe Constitution and Chapter44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2006 SESSION

4499

SECTION 1. Cherokee County shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize Cherokee County to undertake and carry out community redevelopment, create tax allocation districts, issue tax allocation bonds, and incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII of the Constitution, as amended, and to authorize Cherokee County to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit, and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the Cherokee County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Cherokee County for approval or rejection. The election superintendent shall conduct that election on the July, 2006, state-wide general primary and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which authorizes Cherokee County to exercise redevelopment powers under the "Redevelopment Powers
NO ( ) Law," as it may be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and 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, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Cherokee 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.

4500 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
L-505 Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to authorize Cherokee County to exercise all redevelopment and other powers under Articles IX, Section II Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A the "Redevelopment Powers Law" as amended and for other purposes.
This 3rd day ofFebruary 2006
Representative Calvin Hill District 21
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 21 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 3, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CALVIN HILL Calvin Hill Representative, District 21
Sworn to and subscribed before me, this 14th day of February, 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.

GEORGIA LAWS 2006 SESSION

4501

TERRELL COUNTY- JUDGE OF PROBATE COURT; AUTHORITY TO APPOINT CLERK.

No. 858 (House Bill No. 1333).

AN ACT

To provide that the judge of the Probate Court of Terrell County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Terrell County; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Any other provision oflaw to the contrary notwithstanding, the judge of the Probate Court of Terrell County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Terrell 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 2006 session of the General Assembly of Georgia a bill to provide that the judge of the Probate Court of Terrell County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Terrell County; and for other purposes.
This 1st day of February, 2006.
Representative Bob Hanner 148th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who on oath deposes and says that he is the Representative from District 148 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dawson News which is the official organ of Terrell County on February 9, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

4502 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ BOB HANNER Bob Hanner Representative, District 148
Sworn to and subscribed before me, this 13th day of February 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
TERRELL COUNTY- CHIEF MAGISTRATE; AUTHORITY TO APPOINT CLERK.
No. 859 (House Bill No. 1332).
AN ACT
To provide that the chief magistrate of Terrell County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Magistrate Court of Terrell County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Any other provision of law to the contrary notwithstanding, the chief magistrate of Terrell County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Magistrate Court of Terrell 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 2006 session of the General Assembly of Georgia a bill to provide that the chief magistrate of Terrell County shall have the authority to appoint a person other than the clerk of the

GEORGIA LAWS 2006 SESSION

4503

superior court to serve as the clerk of the Magistrate Court of Terrell County; and for other purposes.

This 1st day of February, 2006.

Representative Bob Hanner I48th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who on oath deposes and says that he is the Representative from District 148 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dawson News which is the official organ of Terrell County on February 9, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BOB HANNER Bob Hanner Representative, District 148

Sworn to and subscribed before me, this 13th day of February 2006.

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

Approved May 5, 2006.

CITY OF COVINGTON- REDEVELOPMENT POWERS; REFERENDUM.
No. 860 (House Bill No. 1329).
AN ACT
To authorize the City of Covington to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

4504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The City of Covington shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize City of Covington to undertake and carry out community redevelopment, create tax allocation districts, issue tax allocation bonds, and incur other obligations within the meaning ofand as fully permitted under the provisions ofArticle IX, Section II, Paragraph VII of the Constitution, as amended, and to authorize the City of Covington to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit, and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Covington 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 Covington for approval or rejection. The election superintendent shall conduct that election on a practicable date in 2006 provided for in subpargraph (c)(! )(B) ofCode Section 21-2-540 ofthe O.C.G.A. which date shall be determined by resolution of the governing authority of the City of Covington; provided, however, that if the conducting of the election on earlier authorized dates is impracticable, then the election superintendent shall conduct that election on the date ofthe November, 2006, 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 Newton County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which authorizes the City of Covington to exercise redevelopment powers under the "Redevelopment
NO ( ) Powers Law," as it may be amended from time to time?"
All persons desiring to vote for approval of the 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, then Section I of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Covington. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

GEORGIA LAWS 2006 SESSION

4505

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION GEORGIA, NEWTON COUNTY City ofCovington
Notice is given that there will be introduced at the regular 2006 session of the General Assembly ofGeorgia a bill to authorize the City of Covington to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A, the "Redevelopment Powers Law", as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
This 26th day of January, 2006.
Sam Ramsey, Mayor The City of Covington
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Doug Holt, 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 Covington News which is the official organ of Newton County on February 3, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/DOUG HOLT Doug Holt Representative, District 112
Sworn to and subscribed before me, this 13th day of February 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

4506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
COLUMBIA COUNTY- MAGISTRATE COURT; QUALIFICATIONS OF MAGISTRATES.
No. 861 (House Bill No. 1328).
AN ACT
To amend an Act creating the Magistrate Court of Columbia County, approved May 6, 2005 (Ga. L. 2005, p. 3959), so as to change the educational requirements for magistrates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Magistrate Court of Columbia County, approved May 6, 2005 (Ga. L. 2005, p. 3959), is amended by striking Section 2 and inserting in lieu thereof the following:
'SECTION 2. To qualify for the office of chief magistrate of the Magistrate Court of Columbia County, a person shall meet the qualifications as provided by Chapter 10 of Title 15 of the O.C.G.A. and shall have been a member in good standing ofthe State Bar of Georgia for at least one year. Any chief magistrate holding office on the effective date of this Act shall continue in office until the expiration ofhis or her term of office.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act creating the Magistrate Court of Columbia County, approved May 6, 2005, (Ga. L. 2005, p. 3959), as amended, so as to change provisions relating to the qualifications of magistrates; and for other purposes.
This 25th day of January, 2006.

GEORGIA LAWS 2006 SESSION

4507

Representative Barry Fleming !17th District Feb. 1, 2006

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barry A. Fleming, who on oath deposes and says that he is the Representative from District 117 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 February 1, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BARRY A. FLEMING Barry A. Fleming Representative, District 11 7

Sworn to and subscribed before me, this 13th day of February, 2006.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)

Approved May 5, 2006.

AUGUSTA, GEORGIA- REDEVELOPMENT POWERS; REFERENDUM.
No. 862 (House Bill No. 1327).
AN ACT
To authorize the consolidated government of Augusta, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. The consolidated government of Augusta, Georgia, shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the consolidated government of Augusta, Georgia, to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII of the Constitution of the State of Georgia of 1983, as amended, and to authorize the consolidated government of Augusta, Georgia, to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit, and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the consolidated government of Augusta, Georgia, shall, subject to the approval of the governing authority of the consolidated government of Augusta, Georgia, call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Augusta, Georgia, for approval or rejection. The election superintendent shall conduct that election on a practicable date in 2006 provided for in subparagraph (c)(1)(B) of Code Section 21-2-540 of the O.C.G.A., which date shall be determined by resolution of the governing authority ofthe consolidated government of Augusta, Georgia; provided, however, that if the conducting of the election on earlier authorized dates is impracticable, then the election superintendent shall conduct that election on the date of the November, 2006, 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 the consolidated government of Augusta, Georgia. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which authorizes the consolidated government ofAugusta, Georgia, to exercise redevelopment powers
NO ( ) under the 'Redevelopment Powers Law,' as it may be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section I of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the consolidated government of Augusta,

GEORGIA LAWS 2006 SESSION

4509

Georgia. 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 2006 session of the General Assembly of Georgia a bill to authorize the consolidated government of Augusta, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pete Warren, who on oath deposes and says that he is the Representative from District 122 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Augusta Chronicle which is the official organ of Richmond County on February 2, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ PETE WARREN Pete Warren Representative, District 122
Sworn to and subscribed before me, this 2nd day of February 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

4510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COLUMBIA COUNTY- SMALL CLAIMS COURT; REPEAL.
No. 864 (House Bill No. 1324).
AN ACT
To repeal an Act creating a Small Claims Court in and for Columbia County, approved February 28, 1973 (Ga. L. 1973, p. 2032); to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a Small Claims Court in and for Columbia County, approved February 28, 1973 (Ga. L. 1973, p. 2032) is specifically repealed.
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 2006 session of the General Assembly of Georgia a bill to repeal an Act creating the Small Claim Court in and for Columbia County, approved February 28, 1973, (Ga. L. 1973, p. 2032), as amended, and for other purposes.
This 25th day of January, 2006.
Representative Barry Fleming 11 7th District Feb. 1,2006
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barry A. Fleming, who on oath deposes and says that he is the Representative from District 117 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 ofColumbia County on February 1, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BARRY A. FLEMING Barry A. Fleming Representative, District 117

GEORGIA LAWS 2006 SESSION
Sworn to and subscribed before me, this 13th day of February, 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 5, 2006.

4511

CITY OF COVINGTON- COMMUNITY IMPROVEMENT DISTRICTS.
No. 865 (House Bill No. 1322).
AN ACT
To provide for the creation of one or more community improvement districts in the City of Covington; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide procedures for termination ofthe district or districts; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for debt of said district or districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for notes and other obligations of said district or districts; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of notes or other obligations, and subsequent issues of notes or other obligations; to provide for construction; provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA
SECTION 1. This Act shall be known and may be cited as the "City of Covington Community Improvement District Act."

4512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. Purpose.
The purpose of this Act shall be to provide enabling legislation for the creation of one or more community improvement districts within the City of Covington, and such district or districts may be created for the provision of some or all of the following governmental services and facilities as provided and authorized by Article IX, Section VII of the Constitution and the resolution activating each district as it now exists or is hereafter amended or supplemented as provided for by law:
(I) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices and services to control the flow of traffic on streets and roads or services in connection therewith; (2) Parks and recreational areas and facilities and services; (3) Public transportation, including, but not limited to, services intended to reduce the volume of automobile traffic, transport two or more persons in conveyances, improve air quality, and provide bicycle and pedestrian facilities and the operation of a traffic management association or similar entity and services; (4) Terminal and dock facilities and parking facilities and services; and (5) Such other services and facilities as may be provided for by general law or as the Constitution may authorize or provide now or hereafter.
SECTION 3. Definitions.
As used in this Act, the term: ( 1) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising oflivestock or poultry, and the operation of dairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of a community improvement district herein authorized. (3) "Caucus of electors" means the meeting of electors hereinafter provided for at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast. (4) "City council" means the city council ofthe City ofCovington. (5) "City governing authority" means the city council of the City of Covington. (6) "District" means the geographical area designated as such by the resolution of the governing body of the City of Covington consenting to the creation of the community improvement district or districts or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located. "District" may also mean a body corporate and politic being

GEORGIA LAWS 2006 SESSION

4513

a community improvement district created and activated pursuant hereto, as the context requires or permits. (7) "Elector" means the owner of real property within the given district which is subject to taxes, fees, and assessments levied by the board as such owner appears on the most recent ad valorem real property tax return records of the City of Covington. "Elector" may also mean one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing to the tax commissioner of the Newton County and the city clerk at least ten days prior to an election. An owner of property that is subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners of one parcel have one vote for an election based on numerical majority which must be cast by one of their number who is designated in writing. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all owned real property within the given district which is then subject to taxes, fees, and assessments levied by the board. Value of real property shall be the assessed value. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicates an active tree farming operation. The term does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "Hereby," "herein," "hereunder," and "herewith" mean under this Act. (11) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement for the purposes set forth in Section 2 of this Act. (12) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Newton County within the district as certified by the tax commissioner of the Newton County. ( 13) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping centers, general commercial buildings, transient lodging facilities, tourist services, office or institutional buildings, office services, light industry, heavy industry, central business district,

4514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. ( 14) "Residential" means a specific structure, work, or improvement undertaken primarily to provide either single family or multifamily dwelling accommodations for persons and families of four units or less and for which an application for a homestead exemption has been filed and accepted. (15) "Taxpayer" means an entity or person paying ad valorem taxes on real property, whether on one or more parcels ofproperty within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. ( 16) "Value" or "assessed value" of property means the values established in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the the Newton County Board of Tax Assessors.
SECTION 4. Creation.
Pursuant to Article IX, Section VII of the Constitution, there is created one or more community improvement districts to be located in the City of Covington wholly within the incorporated area thereof, which shall be activated upon compliance with the conditions set forth in this section. Each district, if more than one are implemented, shall be governed as directed by this Act. The conditions for such activation shall be:
( 1) The adoption of a resolution consenting to the creation of the community improvement district or districts by the city governing authority and imposing such conditions on the projects and activities which may be undertaken as will ensure their compatibility with adopted city policies and planning for the area; and (2) The written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the given district which will be subject to taxes, fees, and assessments levied by the board of the given district; and (B) The owners of real property within the given district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this section shall be submitted to the tax commissioner ofNewton County, who shall certify whether paragraphs ( 1) and (2) of this section have been satisfied with respect to such proposed district. The district or districts or respective board or boards created under this Act shall not transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of

GEORGIA LAWS 2006 SESSION

4515

State and with the clerk of the City of Covington, who shall each maintain a record of the district activated under this Act. Nothing contained herein shall limit the ability of the city governing authority to implement more than one community improvement district so long as the requirements hereof and of the Constitution are satisfied. The provisions of this Act shall be construed so as to provide for the independent application and exercise ofall powers for each district contained herein including the ability to levy taxes as outlined herein as separately and independently authorizing and empowering such separate community improvement districts created hereby. Nothing contained herein shall require the city governing authority to create more than one community improvement district or to require the creation of a new district if the district boundaries of an existing district are changed, added to, supplemented, or modified.

SECTION 5. Administration, appointment, and election of board members.

Each district created pursuant herein shall be administered either by the governing authority or by a board as prescribed under this Act. In the event that a district is to be governed by such a board, the board shall be composed of a minimum of seven board members to be appointed and elected as follows:
(1) Two board member shall be appointed by the mayor of the City of Covington and confirmed by a majority of the city council, one of whom shall be a member of the council, to serve in Posts 6 and 7. Three board members shall be elected by the vote of electors, and two members shall be elected by the vote of equity electors. The members representing the electors and equity electors shall be elected to serve in Posts 1 through 5, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for Posts 1, 2, and 3 shall be cast by electors, and votes for Posts 4 and 5 shall be cast by the equity electors. The initial term of office for the members representing Posts 1 and 3 shall be one year. The initial term of office for the members representing Posts 2 and 5 shall be two years, and the initial term of office of the members representing Post 3 shall be three years. Thereafter, all terms of office shall be for four years, except the appointed board members who shall serve at the pleasure of the appointing body. Elected board members shall be subject to recall in the same manner as elected. (2) The initial board members to be elected as provided in paragraph (1) of this section shall be elected in a caucus of electors which shall be held within 120 days after the adoption of the resolution by the City of Covington consenting to the creation of the district, and the obtaining of the written consents herein provided at such time and place within the district as the City of Covington shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of the City of Covington as hereinafter provided. Thereafter, there shall be conducted annually, not later than 120 days following the last day for filing ad valorem real property tax returns in the City of

4516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Covington, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms expire or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days of such vacancy, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any special election to fill a vacancy, notice thereof shall be given to the appropriate electors by publishing notice thereof in the legal organ of the City of Covington at least once each week for four weeks prior to such special election. (3) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses reasonably incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary/treasurer, either ofwhom may, but need not, be a member of the board or an elector. (4) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipality's boundaries are changed to include land within an existing district, the governing authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 of this Act. If, by municipal annexation or by deannexation of land from a district, the district no longer includes land within the incorporated area of the City of Covington, then the board member of the district appointed by such governing authority in which the district is no longer located shall cease to be a board member. (5) Chapter 2 of Title 21 ofthe O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. Should a vacancy in office of a district board member occur, and the regular caucus of electors is more than six months in the future, a special election shall be called to fill such vacancy, unless it is filled by appointment as hereinabove required. (6) The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.
SECTION 6. Taxes, fees, and assessments.
(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws ofthe State ofGeorgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value of all such real property, subject to such limitations as the county governing authority may implement with the

GEORGIA LAWS 2006 SESSION

4517

adoption of the resolution creating said district. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing those governmental services and facilities set forth in Section 2 of this Act which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county as a whole. Any tax, fee, or assessment so levied shall be collected by Newton County in the same manner as taxes, fees, and assessments are levied by Newton County. Delinquent taxes shall bear the same interest and penalties as Newton County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 0.25 percent thereof, but not more than $10,000.00 in any one calendar year, shall be transmitted as soon as they are acquired by Newton County to the board, and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the taxes provided for in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify in writing the collecting governing bodies so they may include the levy on their regular ad valorem tax bills, ifpossible. (c) There shall be a segregation of all funds from the levy of taxes, fees, and assessments as described hereunder for the district, and neither the City of Covington nor the tax commissioner of Newton County shall expend for any purpose not authorized by the board of the district any such taxes, fees, or charges assessed and collected hereunder except such costs as may be attributed to the billing and collection of such fees, levies, and assessments. (d) If, but for this provision, a parcel ofreal property is removed from a district or otherwise would become nontaxable, it shall continue to bear the tax millage levied by the district then extant upon such parcel for indebtedness of the district then outstanding until said indebtedness is paid or refunded.

SECTION 7. Boundaries of the district.

(a) The boundaries ofthe district or districts shall be as designated by the City of Covington as set forth in the resolution required in Section 4 of this Act or as may thereafter be added as hereinafter provided. (b) The boundaries of the district or districts may be increased after the initial creation of a district if:
(1) Written consent of the owners of any real property sought to be annexed is first obtained; (2) The board of the district adopts a resolution consenting to the annexation; and

4518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) A resolution is adopted which grants consent to the annexation by the governing authority of such municipalities as may have area within the district before or after the annexation.
SECTION 8. Debt.
Except as otherwise provided in this section, the district may incur debt without regard to the requirements of Article IX, Section V of the Constitution, which debt shall be backed by the full faith and credit and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district; provided, however, that the board and the district may not issue bonds validated under or in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provisions governing bond validation generally or as may be provided by law.
SECTION 9. Cooperation with local governments.
The services and facilities provided pursuant hereto may be provided for in a cooperation agreement executed jointly by the board, the city governing authority, and other governmental authorities or agencies within which the district is partially located. The provisions of this section shall in no way limit the authority of the City of Covington or any such authority or agency to provide services or facilities within the district; and the City of Covington shall retain full and complete authority and control over any of its facilities located within any district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein.
SECTION 10. Powers.
(a) The district and the board shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power to:
(1) Bring and defend actions; (2) Adopt and amend a corporate seal; (3) Make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for

GEORGIA LAWS 2006 SESSION

4519

construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) Finance (by loan, private grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost ofany project from the proceeds or other funds ofthe district or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the board is authorized to receive, accept, and use; (6) Borrow money to further or carry out its public purposes and to execute bonds, notes, and other obligations, leases, trust indentures, trust agreements, agreements for the sale of its notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) Issue notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all reasonably incurred costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; provided, however, that the board and the district may not issue bonds validated under or in accordance with Article 3 of Chapter 82 of Title 36 ofthe O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provisions governing bond validation generally or as may be provided by law; (8) Make application directly or indirectly to any private source for loans, grants, guarantees, or other financial assistance in furtherance of the district's pub lie purposes and to accept and use the same upon such terms and conditions as are prescribed by such private source; provided, however, that the district and the board shall not have the power to apply for, receive, administer, or utilize grants from federa~ state, county, or municipal governments or agencies or any other public sources; (9) Enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; ( 10) Contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision

4520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision are authorized by law to undertake; ( 11) Grant, mortgage, convey, assign, or pledge its property revenues or taxes or fees or assessments to be received as security for its notes or other indebtedness and obligations; (12) Receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (13) Receive and administer gifts, private grants, and devises of money and property of any kind and to administer trusts; (14) Use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereofor to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (15) Appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; ( 16) Encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long range plans or proposals for the district in cooperation with the City of Covington and any municipal corporation in which the district is wholly or partially located; (17) Invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; ( 18) Adopt bylaws governing the conduct ofbusiness by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (19) Exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (20) Do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act, and no such power limits or restricts any other power of the board except where expressly noted.
SECTION 11. Construction; notice, proceeding, publication, referendum.
This Act shall be liberally construed to effect the purposes hereof. No notice, proceeding, or publication except those required hereby shall be necessary to the

GEORGIA LAWS 2006 SESSION

4521

performance of any act authorized hereby, nor shall any such act be subject to referendum.

SECTION 12. Applicability of Chapter 5 of Title 10 of the O.C.G.A.,
the "Georgia Securities Act of 1973."

The offer, sale, or issuance of notes or other obligations by the district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G .A., the "Georgia Securities Act of 1973."

SECTION 13. Dissolution.

(a) A district activated under the provisions of this Act may be dissolved upon the occurrence of any of the following:
(I) The adoption of a resolution approving ofthe dissolution of the district by the City of Covington and all municipalities if partially within one or more municipalities; or (2) The written consent to the dissolution of the community improvement district by:
(A) A majority of the owners of real property within the district subject to taxes, fees, and assessments levied by the board of the district; or (B) The owners of real property constituting at least 75 percent by value of all real property within the district subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the tax commissioner of Newton County, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to the proposed district dissolution. (b) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (c) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property owner relative to the total revenues paid by all properties in the district.

4522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) When a dissolution becomes effective, the municipal governing authority, or the governing authority ofthe county ifwholly within the incorporated area thereof, shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (e) A district may be reactivated in the same manner as an original activation.
SECTION 14. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION GEORGIA, NEWTON COUNTY City of Covington
Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in the City of Covington; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election ofmembers of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence ofany one or more of the powers granted to the district or districts may be terminated; to provide procedures for termination of the district or districts; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for debt of said district or districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for notes and other obligations of said district or districts; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of notes or other obligations, and subsequent issues of notes or other obligations; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; and for other purposes.
This 26th day of January, 2006
Sam Ramsey, Mayor The City of Covington

GEORGIA LAWS 2006 SESSION

4523

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Doug J. Holt, who on oath deposes and says that he is the Representative from District 112 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County on February 3, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/DOUG J. HOLT Doug J. Holt Representative, District 112

Sworn to and subscribed before me, this 13th day of February 2006.

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

Approved May 5, 2006.

GWINNETT COUNTY- STATE COURT; TERMS OF COURT.
No. 869 (House Bill No. 1457).
AN ACT
To amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, so as to change the terms of court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, is amended by striking Section 5 and inserting in its place a new Section 5 to read as follows:

4524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
'SECTION 5. The State Court of Gwinnett County shall have terms which shall be held on the first Monday in March, June, and December and the second Monday in September in Lawrenceville in said county and such terms shall remain open for the transaction of business until the next succeeding term. 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 2. This Act shall become effective August I, 2006.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Art. III, V, '1[IX of the Constitution of the State of Georgia of 1983, O.C.G.A. 28-1-14, and all other applicable statutes, notice is hereby given that there will be introduced at the regular 2006 Session of the General Assembly of Georgia a bill to amend an Act continuing and recreating the State Court of Gwinnett County, approved March 23, 1977 (Ga.L. 1977, p. 3331), as amended; and for other purposes.
This 16th day of February, 2006.
Clay Cox, House Representative, District 102 John Heard, House Representative, District 104
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clay Cox, who on oath deposes and says that he is the Representative from District 102 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on February 17, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/CLAY COX Clay Cox Representative, District 102

GEORGIA LAWS 2006 SESSION
Sworn to and subscribed before me, this 23rd day of February 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

4525

CITY OF DEMOREST- HOMESTEAD EXEMPTION; CITY TAXES; 65 YEARS OR OLDER; REFERENDUM.
No. 870 (House Bill No. 1450).
AN ACT
To provide for a homestead exemption from City of Demorest ad valorem taxes for municipal purposes in the amount of $20,000.00 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Demorest, 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 0 .C.G .A., as amended, with the additional qualification that it shall include not more than one contiguous acre of homestead property. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Demorest who is a senior citizen is granted an exemption on that person's homestead from City ofDemorest ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of that

4526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Demorest, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Demorest, 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 Demorest, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Demorest, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Demorest 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 Demorest for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Habersham 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 Demorest ad valorem taxes for municipal purposes in
NO ( ) the amount of$20,000 .00 of the assessed value of the homestead for residents of that city who are 65 years of age or over?"

GEORGIA LAWS 2006 SESSION

4527

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." Ifmore than one-half of the votes cast on such question are for approval ofthe Act, Section 1 of this Act shall become of full force and effect on January 1, 2007. 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 Demorest. 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 Pursuant to Article III, V, Paragraph IX of the Constitution of the State of Georgia ofl983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia local legislation to provide for a homestead exemption from City of Demorest ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of the City of Demorest who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
This 3rd day of January, 2006.
City of Demorest, Georgia s/ David Burroughs City Attorney
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben D. Bridges, Sr., who on oath deposes and says that he is the Representative from District 10 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Northeast

4528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgian which is the official organ of Habersham County on January 6, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
sf BEN D. BRIDGES, SR. Ben D. Bridges, Sr. Representative, District I 0
Sworn to and subscribed before me, this 21st day of February, 2006.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
HABERSHAM COUNTY- BOARD OF EDUCATION; COMPENSATION.
No. 871 (House Bill No. 1449).
AN ACT
To amend an Act providing for the election of the members of the board of education of Habersham County, approved March 5, 1976 (Ga. L. 1976, p. 2708), as amended, so as to change certain provisions regarding the compensation of the members of such board; to provide for the specific repeal of an amendatory Act thereto, an Act approved May 6, 2005 (Ga. L. 2005, p. 3969); to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the election of the members of the board of education of Habersham County, approved March 5, 1976 (Ga. L. 1976, p. 2708), as amended, is amended by adding a new section immediately following Section l to be designated Section 1.1 to read as follows:
'SECTION 1.1 The board of education shall receive the per diem and expense reimbursement provided for under Code Section 20-2-55, as amended. The board of education is authorized to increase the amount of such per diem and expense

GEORGIA LAWS 2006 SESSION

4529

reimbursement. The board of education shall take no action to increase such amounts until notice of intent to take such action and the fiscal impact of such action has been published in a newspaper designated as the legal organ for the county at least once a week for three consecutive weeks immediately preceding the meeting at which the action is taken. The authority provided to the board of education to increase such amounts under this section shall cease after December 31, 2006, but the members of the board shall continue to receive any such amounts which were increased pursuant to this section on or prior to December 31, 2006, until provided otherwise by local Act.'

SECTION 2. Said Act is further amended by repealing in its entirety an amendatory Act thereto, an Act approved May 6, 2005 (Ga. L. 2005, p. 3969).

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 2006 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the members of the board of education of Habersham County, approved March 5, 1976 (Ga. L. 1976, p. 2708), as amended, so as to change certain provisions regarding the compensation of the members of such board; to provide for the specific repeal of an amendatory Act thereto, an Act approved May 6, 2005 (Ga. L. 2005, p. 3969); to provide for related matters; to repeal conflicting laws; and for other purposes.

This 7th day of February, 2006.

s/ Representative Ben Bridges IOth District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben D. Bridges, Sr., who on oath deposes and says that he is the Representative from District 10 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in theN ortheast Georgian which is the official organ of Habersham County on February 14, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BEN D. BRIDGES, SR. Ben D. Bridges, Sr. Representative, District 10

4530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subseribed before me, this 21st day of February 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.
CITY OF BALDWIN- CORPORATE LIMITS.
No. 872 (House Bill No. 1448).
AN ACT
To amend an Act reincorporating and providing a new charter for the City of Baldwin, approved March 28, 1986, (Ga. L. 1986, p. 5578), as amended, so as to change and extend 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 reincorporating and providing a new charter for the City of Baldwin, approved March 28, 1986, (Ga. L. 1986, p. 5578), as amended, is amended by adding a new section immediately following Section 7-1 to be designated Section 7-lA, to read as follows:
'SECTION 7-lA. (a) In addition to the territory described in Section 7-1 of this Act, the corporate limits of the city shall include the following described property:
All that tract or parcel of land lying and being southeast of the City of Baldwin, Georgia in Habersham County, Georgia and consisting of the highway and right-of-way of State Route 365 (a/k/a U.S. Highway 441) and extending along the highway and right-of-way of State Route 365 from the present corporate limits of the City of Baldwin being State Route 365 s intersection with Charlie Davis Road and thence in a southerly direction 0.6 miles more or less to a point adjacent and contiguous to State Route 365 s intersection with Wilbanks Road and the southern boundary line of property owned by Jerry Wilkes (said property line being adjacent to the right-of-way and highway to State Route 365).

GEORGIA LAWS 2006 SESSION

4531

(b) All references to a highway and public right-of-way in subsection (a) of this section shall specifically include the entire width of the highway and the entire right-of-way of said highway.'

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 2006 session of the General Assembly of the State of Georgia, a bill to extend and change the boundaries of the City of Baldwin, Georgia, by annexation of certain highway and right-of-way; to repeal conflicting provisions; and for other purposes.
This 14th day of February, 2006.
Betty Harper, Baldwin City Manager At the request of: Ben Bridges Representative, 1Oth District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben D. Bridges, Sr., who on oath deposes and says that he is the Representative from District 10 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Northeast Georgian which is the official organ of Habersham County on February 17, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BEN D. BRIDGES, SR. Ben D. Bridges, Sr. Representative, District 10
Sworn to and subscribed before me, this 22nd day of February 2006.
sl SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.

4532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF WOODSTOCK- CITY COUNCIL; EMINENT DOMAIN; VOTE REQUIRED; QUORUM.
No. 875 (House Bill No. 1432).
AN ACT
To amend an Act to re-create and reincorporate the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, so as to provide that it shall require the affirmative votes of five councilmembers to approve the exercise ofthe power of eminent domain in the city limits; to provide for a quorum; 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 re-create and reincorporate the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, is amended by striking Section 2.33 and inserting in lieu thereof a new Section 2.33 to read as follows:
'SECTION 2.33. Quorum; voting.
Four elected officials shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal but any members of the council shall have the right to request a roll call vote. The affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter; provided, however, that the affirmative vote of five councilmembers shall be required to exercise the power of eminent domain within the corporate boundaries of the city. In the event of a tie vote on any question, the mayor shall cast a vote to break the tie.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
L-506 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act to recreate and reincorporate the City of Woodstock, approved April 17, 1975 (Ga.L. 1975, p. 4160), as amended, so as to provide that it shall require the affirmative votes of five council

GEORGIA LAWS 2006 SESSION

4533

members to approve the exercise of the power of eminent domain in the city limits; to provide for a quorum; to provide for related matters; and for other purposes.

This 31 day of January

Charles F. Scheid Representative 22nd District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles F. Scheid, III, who on oath deposes and says that he is the Representative from District 22 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 l 0, 2006, and that the notice requirements of Code Section 28-l-14 have been met.

s/ CHARLES F. SCHEID, III Charles F. Scheid, III Representative, District 22

Sworn to and subscribed before me, this 21st day of February 2006.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)

Approved May 5, 2006.

GORDON COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; REFERENDUM.
No. 876 (House Bill No. 1429).
AN ACT
To provide for homestead exemptions from Gordon County school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that school district who are at least 65 but

4534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
less than 70 years of age and in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (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 Gordon 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. (b)(1) Each resident of the Gordon County school district who is at least 65 but less than 70 years of age or over on or before January 1 of the year in which application for the exemption under this paragraph is made is granted an exemption on that person s homestead from all Gordon County school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) Each resident of the Gordon County school district who is 70 years of age or over on or before January 1 of the year in which application for the exemption under this paragraph is made is granted an exemption on that person's homestead from all Gordon County school district ad valorem taxes for educational purposes in the amount of$1 00,000.00 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 either of the homestead exemptions granted by subsection (b) ofthis section unless the person or person's agent files an application with the tax commissioner of Gordon 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 exemptions shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. An exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed

GEORGIA LAWS 2006 SESSION

4535

to such person. It shall be the duty of any person granted a homestead exemption under this Act to notify the tax commissioner of Gordon County in the event that person for any reason becomes ineligible for that exemption. (e) The exemptions 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 exemptions granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to Gordon 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, 2007.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gordon County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Gordon County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, 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 Gordon County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides homestead exemptions from Gordon County school district ad valorem taxes for educational
NO ( ) purposes in the amount of $40,000.00 of the assessed value of the homestead for residents ofthat school district who are at least 65 but less than 70 years of age and in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or over?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall beco me of full force and effect on January 1, 20 07. 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 Gordon County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

4536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to provide for homestead exemptions from Gordon County school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that school district who are at least 65 but less than 70 years of age and in the amount of $100,000.00 of the assessed value ofthe 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 exemptions and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 14th day of February, 2006.
Representative Tom Graves 12th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Graves, who on oath deposes and says that he is the Representative from District 12 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Calhoun Times which is the official organ of Gordon County on February 18, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/TOM GRAVES Tom Graves Representative, District 12
Sworn to and subscribed before me, this 22nd ofFebruary 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

GEORGIA LAWS 2006 SESSION
My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

4537

CITY OF CALHOUN- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; REFERENDUM.
No. 877 (House Bill No. 1428).
AN ACT
To provide for homestead exemptions from City of Calhoun independent school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that school district who are at least 65 but less than 70 years of age and in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
( 1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the City of Calhoun independent school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire independent school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b)(!) Each resident of the City of Calhoun independent school district who is at least 65 but less than 70 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made is granted an exemption on that person's homestead from City of Calhoun independent school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value ofthat homestead. The value ofthat property in excess of such exempted amount shall remain subject to taxation. (2) Each resident of the City of Calhoun independent school district who is 70 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made is granted an exemption on that person s homestead from City of Calhoun independent school

4538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
district ad valorem taxes for educational purposes in the amount of $100,000.00 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 either of the homestead exemptions 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 Calhoun, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Calhoun, 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 Calhoun, or the designee thereof, shall provide application forms for this purpose. (d) The exemptions shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. An exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Calhoun, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemptions granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or county school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to the City of Calhoun independent school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Calhoun shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City ofCalhoun independent school district for approval or rejection. The municipal election superintendent shall conduct that election on the date ofthe November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gordon County. The ballot shall have written or printed thereon the words:

GEORGIA LAWS 2006 SESSION

4539

"YES ( ) Shall the Act be approved which provides homestead exemptions from City of Calhoun independent school district ad valorem taxes
NO ( ) for educational purposes in the amountof$40,000.00 of the assessed value of the homestead for residents of that school district who are at 65 but less than 70 years of age or over and in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or over?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval ofthe Act, Section 1 of this Act shall become of full force and effect on January 1, 2007. 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 Calhoun. 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 2006 session of the General Assembly ofGeorgia a bill to provide for homestead exemptions from City of Calhoun independent school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that school district who are at least 65 but less than 70 years of age and in the amount of $100,000.00 of the assessed value ofthe homestead for residents of that school district who are 70 years of age or older; to provide for defmitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 14th day of February, 2006. Representative John Meadows 5th District

4540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John D. Meadows III, who on oath deposes and says that he is the Representative from District 5 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Calhoun Times which is the official organ of Gordon County on February 18,2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHN D. MEADOWS III John D. Meadows III Representative, District 5
Sworn to and subscribed before me, this 22nd day of February 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
NEWTON COUNTY- COMMUNITY DEVELOPMENT DISTRICTS.
No. 881 (House Bill No. 1415).
AN ACT
To provide for the creation of one or more community improvement districts in Newton County; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide procedures for termination of the district or districts; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for debt of said district or districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for notes and other obligations of said district or districts;

GEORGIA LAWS 2006 SESSION

4541

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA

SECTION 1.

This Act shall be known and may be cited as the "Newton County Community Improvement District Act."

SECTION 2. Purpose.

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

SECTION 3. Definitions.

As used in this Act, the term: (1) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising

4542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
oflivestock or poultry, and the operation of dairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of a community improvement district herein authorized. (3) "Caucus of electors" means the meeting of electors hereinafter provided for at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority ofthose present and voting is necessary to elect board members. No proxy votes may be cast. (4) "County Commission" means the board of commissioners of Newton County. (5) "County governing authority" means the board of commissioners of Newton County. (6) "District" means the geographical area designated as such by the resolution of the governing body of Newton County consenting to the creation of the community improvement district or districts or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located. "District" may also mean a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (7) "Elector" means the owner of real property within the given district which is subject to taxes, fees, and assessments levied by the board as such owner appears on the most recent ad valorem real property tax return records ofNewton County. "Elector" may also mean one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing to the tax commissioner of Newton County and the county clerk at least ten days prior to an election. An owner of property that is subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners of one parcel have one vote for an election based on numerical majority which must be cast by one of their number who is designated in writing. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all owned real property within the given district which is then subject to taxes, fees, and assessments levied by the board. Value ofreal property shall be the assessed value. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicates an active tree farming operation. The term does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "Hereby," "herein," "hereunder," and "herewith" mean under this Act.

GEORGIA LAWS 2006 SESSION

4543

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

SECTION 4. Creation.

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

4544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ensure their compatibility with adopted city policies and planning for the area; and (2) The written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the given district which will be subject to taxes, fees, and assessments levied by the board of the given district; and (B) The owners of real property within the given district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this section shall be submitted to the tax commissioner of Newton County, who shall certify whether paragraphs (1) and (2) of this section have been satisfied with respect to such proposed district. The district or districts or respective board or boards created under this Act shall not transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State and with the clerk ofNewton County, who shall each maintain a record of the district activated under this Act. Nothing contained herein shall limit the ability of the county governing authority to implement more than one community improvement district so long as the requirements hereof and of the Constitution are satisfied. The provisions of this Act shall be construed so as to provide for the independent application and exercise ofall powers for each district contained herein including the ability to levy taxes as outlined herein as separately and independently authorizing and empowering such separate community improvement districts created hereby. Nothing contained herein shall require the county governing authority to create more than one community improvement district or to require the creation of a new district if the district boundaries of an existing district are changed, added to, supplemented, or modified.
SECTIONS. Administration, appointment, and election of board members.
Each district created pursuant herein shall be administered either by the governing authority or by a board as prescribed under this Act. In the event that a district is to be governed by such a board, the board shall be composed of a minimum of seven board members to be appointed and elected as follows:
(1) Two board members shall be appointed by the chairperson of the county governing authority and confirmed by a majority thereof, one of whom shall be a member of the county commission, to serve in Posts 6 and 7. Three board members shall be elected by the vote of electors, and two members shall be elected by the vote of equity electors. The members representing the electors and equity electors shall be elected to serve in Posts I through 5, respectively. Each

GEORGIA LAWS 2006 SESSION

4545

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

4546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
board member of the district appointed by such governing authority in which the district is no longer located shall cease to be a board member. (5) Chapter 2 ofTitle 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. Should a vacancy in office of a district board member occur, and the regular caucus of electors is more than six months in the future, a special election shall be called to fill such vacancy, unless it is filled by appointment as hereinabove required. (6) The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.
SECTION 6. Taxes, fees, and assessments.
(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws ofthe State of Georgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value ofall such real property, subject to such limitations as the county governing authority may implement with the adoption of the resolution creating said district. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing those governmental services and facilities set forth in Section 2 of this Act which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county as a whole. Any tax, fee, or assessment so levied shall be collected by Newton County in the same manner as taxes, fees, and assessments are levied by Newton County. Delinquent taxes shall bear the same interest and penalties as Newton County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of0.25 percent thereof, but not more than $10,000.00 in any one calendar year, shall be transmitted as soon as they are acquired by Newton County to the board, and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the taxes provided for in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify in writing the collecting governing bodies so they may include the levy on their regular ad valorem tax bills, if possible. (c) There shall be a segregation of all funds from the levy of taxes, fees, and assessments as described hereunder for the district, and neither Newton County nor the tax commissioner of Newton County shall expend for any purpose not

GEORGIA LAWS 2006 SESSION

4547

authorized by the board of the district any such taxes, fees, or charges assessed and collected hereunder except such costs as may be attributed to the billing and collection of such fees, levies, and assessments. (d) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear the tax millage levied by the district then extant upon such parcel for indebtedness of the district then outstanding until said indebtedness is paid or refunded.

SECTION 7. Boundaries of the district.

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

SECTION 8. Debt.

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

SECTION 9. Cooperation with local governments.

The services and facilities provided pursuant hereto may be provided for in a cooperation agreement executed jointly by the board, the county governing authority, and other governmental authorities or agencies within which the district is partially located. The provisions of this section shall in no way limit the

4548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authority of Newton County or any such authority or agency to provide services or facilities within the district; and Newton County shall retain full and complete authority and control over any of its facilities located within any district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein.
SECTION 10. Powers; exclusions.
(a) The district and the board shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act; provided, however, that no provision of this Act shall be construed to authorize or otherwise permit the exercise ofcondemnation or eminent domain powers. The powers under this section shall include, without limiting the generality ofthe foregoing, the power to:
(I) Bring and defend actions; (2) Adopt and amend a corporate seal; (3) Make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the pub lie purposes of the district; (5) Finance (by loan, private grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds or other funds ofthe district or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the board is authorized to receive, accept, and use; (6) Borrow money to further or carry out its public purposes and to execute bonds, notes, and other obligations, leases, trust indentures, trust agreements, agreements for the sale of its notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing;

GEORGIA LAWS 2006 SESSION

4549

(7) Issue notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all reasonably incurred costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; provided, however, that the board and the district may not issue bonds validated under or in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provisions governing bond validation generally or as may be provided by law; (8) Make application directly or indirectly to any private source for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such private source; provided, however, that the district and the board shall not have the power to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources; (9) Enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (1 0) Contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision are authorized by law to undertake; ( 11) Grant, mortgage, convey, assign, or pledge its property revenues or taxes or fees or assessments to be received as security for its notes or other indebtedness and obligations; (12) Receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (13) Receive and administer gifts, private grants, and devises of money and property of any kind and to administer trusts; (14) Use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereofor to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (15) Appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses;

4550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(16) Encourage and promote the improvement and development ofthe district and to make, contract for, or otherwise cause to be made long range plans or proposals for the district in cooperation with Newton County and any municipal corporation in which the district is wholly or partially located; (17) Invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (18) Adopt bylaws governing the conduct ofbusiness by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (19) Exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (20) Do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act, and no such power limits or restricts any other power of the board except where expressly noted.
SECTION 11. Construction; notice, proceeding, publication, referendum.
This Act shall be liberally construed to effect the purposes hereof. No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum.
SECTION 12. Applicability of Chapter 5 of Title 10 of the O.C.G.A.,
the "Georgia Securities Act of 1973."
The offer, sale, or issuance of notes or other obligations by the district shall not be subject to regulation under Chapter 5 of Title 10 of the 0. C. G .A., the "Georgia Securities Act of 1973."
SECTION 13. Dissolution.
(a) A district activated under the provisions of this Act may be dissolved upon the occurrence of any of the following:
(I) The adoption of a reso 1ution approving of the dissolution of the district by Newton County and all municipalities if partially within one or more municipalities; or

GEORGIA LAWS 2006 SESSION

4551

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

SECTION 14. Repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION GEORGIA, NEWTON COUNTY
Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in Newton County; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes,

4552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
fees, and assessments; to provide for establishment ofthe boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide procedures for termination of the district or districts; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for debt of said district or districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for notes and other obligations of said district or districts; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of notes or other obligations, and subsequent issues of notes or other obligations; provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; and for other purposes.
This 13th day of February, 2006.
Newton County Board of Commissioners
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Doug Holt, who on oath deposes and says that he is the Representative from District 112 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County on February 17, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/DOUG HOLT Doug Holt Representative, District 112
Sworn to and subscribed before me, this 21st day ofFebruary 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

GEORGIA LAWS 2006 SESSION

4553

NEWTON COUNTY- REDEVELOPMENT POWERS; REFERENDUM.

No. 882 (House Bill No. 1414).

AN ACT

To authorize Newton County to exercise all redevelopment and other powers except for condemnation and eminent domain under Article IX, Section II, Paragraph VII ofthe Constitution and Chapter44 of Title 36 ofthe O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Newton County shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; provided, however, that this authorization expressly excludes any powers of condemnation or eminent domain. The intention of this Act is to authorize Newton County to undertake and carry out community redevelopment, create tax allocation districts, issue tax allocation bonds, and incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII of the Constitution, as amended, and to authorize Newton County to exercise redevelopment powers under the "Redevelopment Powers Law"; provided, however, that this authorization expressly excludes any powers of condemnation or eminent domain.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 19 65, as amended, the election superintendent of Newton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Newton County for approval or rejection. The election superintendent shall conduct that election on a practicable date in 2006 provided for in subpargraph (c)(l )(B) ofCode Section 21-2-540 of the O.C.G .A. which date shall be determined by resolution of the governing authority of Newton County; provided, however, that if the conducting of the election on earlier authorized dates is impracticable, then the election superintendent shall conduct that election on the date of the November, 2006, 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 Newton County. The ballot shall have written or printed thereon the words:

4554 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"YES ( ) Shall the Act be approved which authorizes Newton County to exercise redevelopment powers excluding condemnation and
NO ( ) eminent domain under the "Redevelopment Powers Law," as it may be amended from time to time?"
All persons desiring to vote for approval of the 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, then Section 1 of this Act shall become of full force and effect immediately. If Section I of this Act is not so approved or if the election is not conducted as provided in this section, Section 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 Newton 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 2006 session of the General Assembly of Georgia a bill to authorize Newton County to exercise all redevelopment and other powers except for condemnation and eminent domain under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
This 13th day of February 2006
Newton County Board of Commissioners
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Doug Holt, 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 Covington News which is the official organ of Newton County on February 17, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2006 SESSION
s/DOUG HOLT Doug Holt Representative, District 112
Sworn to and subscribed before me, this 21st day ofFebruary 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

4555

CITY OF WOODSTOCK- WOODSTOCK AREA CONVENTION AND VISITORS BUREAU AUTHORITY; CREATION.
No. 886 (House Bill No. 1631).
AN ACT
To create the Woodstock Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Woodstock, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative fmdings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Woodstock Area Convention and Visitors Bureau Authority Act."

4556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. Definitions.
As used in this Act, the term: (l) "Area" means the corporate limits of the City of Woodstock, Georgia. (2) "Authority" means the Woodstock Area Convention and Visitors Bureau Authority. (3) "Board" means the board ofdirectors ofthe Woodstock Area Convention and Visitors Bureau Authority. (4) "City" means the City of Woodstock, Georgia. (5) "Special events" means events which, in the judgment of the authority, will promote tourism in the area or privately contracted functions.
SECTION 3. Creation of authority, status, tax exemption, and sovereign immunity.
(a) There is created a public body corporate and politic to be known as the Woodstock Area Convention and Visitors Bureau Authority. The authority shall be deemed to be a political subdivision of the state and a public corporation and, by that name, may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions. The authority shall be a convention and visitors bureau authority created by Act ofthe General Assembly for a municipality for purposes of Code Section 48-13-61 of the O.C.G.A. and is intended to be an agency and instrumentality of the municipality and a governmental unit for purposes of Sections 103, 141, and 150 of the federal Internal Revenue Code of 1986, as amended, and, as to the municipality, is intended to be a subordinated entity for purposes ofSection 265(b)(3)(E)(ii) ofthe federal Internal Revenue Code of 1986, as amended. The authority shall not be a state institution nor a department or agency of the state but shall be a creation ofthe state, having a distinct corporate identity and being exempt from the provisions of Code Section 50-17-2 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." (b) The authority shall have its principal office within the City ofW oodstock and its legal situs or residence for the purposes of this Act shall be the City of Woodstock, Cherokee County, Georgia. (c) The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose. The properties ofthe authority, both real and personal, and the income ofthe authority are declared to be public properties and income used for the benefit and welfare of the people of the city and not for the purpose of private or corporate benefit; and such properties, to the extent of the authority's ownership thereof or other interest therein, and all income and obligations of the authority shall be exempt from all taxes and special assessments of the state or any city, county, or other political subdivision thereof. The authority shall have all of the exemptions and exclusions from taxes as are now granted to cities and counties for the operation of properties

GEORGIA LAWS 2006 SESSION

4557

or facilities similar to the properties and facilities to be owned or operated, or both, by the authority. (d) The authority shall have the same immunity and exemption from liability for torts and negligence as the state, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority. Any action to protect or to enforce any rights pursuant to the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Cherokee County, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in such court which shall have exclusive, original jurisdiction of such actions. The property of the authority shall not be subject to levy and sale under legal process. The records of the authority shall be pub lie records which are subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. Nothing in this Act shall be construed to abridge or change the powers and duties of other authorities, departments, boards, and like agencies of the city.

SECTION 4. Directors and meetings.

(a) The board shall consist of at least seven directors, who shall be natural persons at least 18 years of age. The mayor and council of the city shall each appoint one member to serve on the board. The members of the board shall serve terms of two years. Members shall receive no compensation for their services as members of the authority, but shall be reimbursed for their proper and reasonable expenses incurred in the performance oftheir duties, subject to any limitations imposed by general law on the reimbursement of public officials and subject to any limitations which may be contained from time to time in the bylaws of the authority. (b) The board shall meet at such times as may be necessary to transact the business coming before it, but not less often than twice yearly. Either the chairperson or any two other directors together may call a special meeting of the board. Meetings of the board shall be open to the public in accordance with the laws of the State of Georgia. Written minutes of all meetings shall be kept; and, within ten days following every meeting, a copy ofthe minutes shall be furnished to the mayor and council of the city. Meetings shall be conducted in accordance with the latest version of Robert's Rules ofOrder. (c) At the first meeting of the board, and thereafter subsequent to yearly new appointments, the directors shall elect a chairperson and a vice chairperson from their voting members. The chairperson shall preside at meetings ofthe board and shall vote on all matters coming before the board. The vice chairperson shall preside at meetings in the absence ofthe chairperson. In the absence of both the chairperson and vice chairperson, the directors present at a meeting shall elect a

4558 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
temporary chairperson to preside at that meeting, so long as the chairperson and vice chairperson both remain absent from the meeting. A quorum shall consist of at least five directors ofthe board. All directors present at a meeting, including the chairperson, vice chairperson, or any other director presiding at such meeting, shall be entitled to vote on all matters which shall come before the board. No vacancy on the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
SECTION 5. Purpose.
The purpose of the authority is to promote special events as well as to promote tourism, conventions, and trade shows within the area in such manner or manners contemplated by paragraph (3.4) ofsubsection (a) of Code Section 48-13-51 of the O.C.G.A. or any other applicable paragraph of such Code section.
SECTION 6. Duty of the authority.
It shall be the duty of the authority to promote special events as well as to promote tourism, conventions, and trade shows within the area and to operate the authority and its facilities in a fiscally responsible manner.
SECTION 7. Powers.
(a) The authority shall have all powers allowed by law and consistent with the provisions of this Act as are necessary or convenient to carry out its corporate purpose, including, without limitation, the power to:
(1) Adopt and alter a corporate seal; (2) Purchase advertising promoting special events and promoting tourism, conventions, and trade shows; (3) Encourage, solicit, promote, procure, sponsor, cosponsor, and service conventions, trade shows, and special events; (4) Lend financial support through grants, contributions, or otherwise to other governmental entities in furtherance of its corporate purpose; (5) Lend financial support through grants, contributions, or otherwise to private sector for profit and not for profit entities in furtherance ofits corporate purpose, provided that the authority determines that the residents ofthe area shall receive a substantial benefit therefrom; (6) Conduct activities to foster better public understanding on the part of individuals and businesses of the importance of tourism and the convention and visitors industry to the economy of the city and of the area;

GEORGIA LAWS 2006 SESSION

4559

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

4560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, the authority and the city shall be permitted to enter into the following:
(A) Contracts under which hotel-motel taxes collected by the city are paid to and expended by the authority as contemplated by paragraph (3.4) of subsection (a) of Code Section 48-13-51 of the O.C.G.A., or any other applicable paragraph under such law; (B) Contracts under which the authority purchases administrative and financial management services from the city to be performed by personnel at the city's cost, which shall include the costs of payroll, employee benefits, supplies, and overhead reasonably allocable to the performance of such services; and (C) Lease contracts relating to leases of real property, personal property, or both real and personal property; (14) Accept loans and grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or such agency or instrumentality may impose; (15) Accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political division thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (16) Borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue and validate revenue bonds pursuant to the provisions of Code Section 36-82-60 of the O.C.G.A., et seq., the "Revenue Bond Law," to pay the project costs of any one or more facilities relating to tourism, conventions, trade shows, or special events payable solely from funds pledged for that purpose, and to refund such revenue bonds. Such facilities shall be owned by the authority and may be operated by the authority, leased by the authority in whole or in part under true leases, which shall be known as operating leases, or operated by others pursuant to one or more management contracts. Revenues ofthe authority including, but not limited to, revenues derived by it from such facilities and revenues derived from hotel-motel taxes received from the city may be pledged to the payment of debt service on such revenue bonds and other evidences of indebtedness of the authority; ( 17) Sell, lease, grant, exchange, or otherwise dispose of any property, both real and personal, or interest therein; ( 18) Sue and be sued in contract and in tort and complain and defend in all courts; (19) Advise and recommend plans to other public and private sector entities for the promotion of tourism, conventions, trade shows, and special events; (20) Conduct studies and develop plans for improving tourism in the area; (21) Receive and disburse public funds appropriated by the city, including, but not limited to, revenues derived from the hotel-motel tax collected by the city; and receive and disburse funds from private sources and other revenues which

GEORGIA LAWS 2006 SESSION

4561

may be received from time to time which would assist in the accomplishment of its corporate purpose; and (22) Do all things necessary or convenient to accomplish its corporate purposes and to exercise any power permitted by the laws of this state to be exercised by private corporations which will further the authority's ability to accomplish such purpose, so long as the exercise of such power is not in conflict with the Constitution or laws of this state. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this section and any other powers elsewhere in this Act or which may reasonably be inferred from the provisions of this Act.

SECTION 8. Bylaws.

The authority may, by affirmative vote of a majority of all directors, adopt and amend bylaws to govern the authority, its employees, and operation.

SECTION 9. Budget.

The authority shall prepare an annual budget to be submitted to the city and shall file all appropriate expenditure reports with the city and the state.

SECTION 10. Liability limited.

Neither the directors of the authority nor any person executing notes, leases, or other agreements or obligations on behalf of the authority shall be personally liable thereon by reason of such execution.

SECTION 11. City not bound.

The authority shall have no power or authority to bind the city by any contract, agreement, financial obligation, indebtedness, or otherwise; and no contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the city; provided, however, that both the authority and the city shall be bound to each other by contracts, agreements, financial obligations, or indebtedness between themselves.

4562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 12. Oversight.
The city council shall be authorized to inspect at its pleasure the state and condition of the authority, its properties, and all books and records pertaining to the authority and its affairs, and the authority shall give it such books and records and furnish it with assistance in making such inspections.
SECTION 13. Dissolution.
Should the authority, for any reason, be dissolved after full payment of all indebtedness previously incurred, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the city; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to such property at the time of such conveyance.
SECTION 14. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
City of Woodstock NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular: 2006 session of the General Assembly of Georgia a bill to create theW oodstock Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Woodstock, Georgia; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Scheid, who on oath deposes and says that he is the Representative from District 22 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee

GEORGIA LAWS 2006 SESSION

4563

Tribune which is the official organ of Cherokee County on March 8, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CHUCK SCHEID Chuck Scheid Representative, District 22

Sworn to and subscribed before me, this 13th day of March 2006.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)

Approved May 5, 2006.

LEE COUNTY- LEE COUNTY UTILITIES AUTHORITY: TERMS; REMOVAL FROM OFFICE.
No. 887 (House Bill No. 1629).
AN ACT
To amend an Act creating the Lee County Utilities Authority, approved Aprill7, 1992 (Ga. L. 1992, p. 6419), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3697), so as to provide for terms for authority members; to provide for removal from office of authority members under certain circumstances; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Lee County Utilities Authority, approved April 17, 1992 (Ga. L. 1992, p. 6419), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3697), is amended by striking Section 2 and inserting in lieu thereof the following:

4564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
'SECTION 2. Lee County Utilities Authority.
(a) There is created a body corporate and politic to be known as the Lee County Utilities Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The authority shall consist of seven members, each of whom shall be a citizen of Lee County and two ofwhom may, but shall not be required to, be members of the board of commissioners of Lee County. Each member of the authority shall be appointed by a majority vote of the board of commissioners of Lee County for a term of one year and until his or her successor shall be appointed and seated; except that each person serving as an appointed member of the authority on July 1, 2006, shall continue to serve the remainder of his or her then current term and until a successor shall be appointed by majority vote of the board of commissioners of Lee County. The members of the authority shall be eligible for reappointment. The authority shall elect a chairperson and a vice chairperson from among its members; and such officers may, but shall not be required to, be members of the board of commissioners ofLee County. The authority shall also elect a secretary and a treasurer or a secretary-treasurer, who may or may not be members of the authority. Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the power of a quorum to exercise all the rights and perform all the duties of the authority. Each member of the authority who is not a member of the board of commissioners of Lee County shall be entitled to compensation for their services at the rate of$1 00.00 per month, and all members of the authority shall be reimbursed for the actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. (b) The office of any member of the authority shall be declared vacant upon a determination by the members of the board of commissioners of Lee County that such authority member has been, while in office, arrested for or convicted of a felony, a misdemeanor of a high and aggravated nature, or a crime involving moral turpitude or is found by the board of commissioners of Lee County to have moved such member's residence from the unincorporated area of Lee County during such member's term of office. The board of commissioners of Lee County shall be authorized to remove any member of the authority from office by a two-thirds vote of the board of commissioners of Lee County in the event that such member of the authority is found by the board of commissioners of Lee County to be guilty of misfeasance or malfeasance in office, is found by the board of commissioners of Lee County to have failed to attend three or more successive regular meetings of the authority without a reasonable excuse approved by a resolution of the authority, or who is found by the board of commissioners of Lee County to have engaged in actions or activities which are

GEORGIA LAWS 2006 SESSION

4565

determined by the board of commissioners of Lee County to have been detrimental to the carrying out of the duties and obligation of the authority.*

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all members holding office on that date and to all future members.

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 2006 session of the General Assembly of Georgia a bill to amend an Act creating the Lee County Utilities Authority, approved April 17, 1992 (Georgia Laws 1992, p. 6419), as amended, so as to provide for terms of Authority members; to provide for removal from office of Authority members under certain circumstances, and for other purposes.
This, the 7th day of March, 2006.
Representative Ed Rynders District 152
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Rynders, who on oath deposes and says that he is the Representative from District 152 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Lee County Ledger which is the official organ of Lee County on March 8, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ED RYNDERS Ed Rynders Representative, District 152
Sworn to and subscribed before me, this 15th day of March, 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

4566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Nov. 18,2009 (SEAL)
Approved May 5, 2006.
TROUP COUNTY- BOARD OF COMMISSIONERS; MEETINGS; BIDS.
No. 888 (House Bill No. 1628).
AN ACT
To amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, so as to provide for meetings of said board; to provide certain changes relating to the manner competitive bids are taken; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, is amended by striking subsection (a) of Section 6 and inserting in its place a new subsection (a) to read as follows:
'(a) The Board of Commissioners shall hold at least one regular meeting each month at the Offices of the Troup County Board of Commissioners. This meeting shall generally be held on the first Tuesday of each month. In the event the first Tuesday of the month falls upon a legal holiday or if it becomes apparent that a quorum of commissioners will not be obtained, the regular meeting may be rescheduled to an alternate date within the month. The commissioners may hold such other regular, special, or additional meetings as they may deem necessary or proper. No notice shall be required to be given for any regular meeting, a regular meeting being any meeting designated to be held regularly by the commissioners, such as annual, quarterly, monthly, semimonthly, or weekly meetings or other such meetings held at regular, periodic intervals. However, if any regular monthly meeting is rescheduled, public notice of such rescheduled meeting shall be provided as required by law.'
SECTION 2. Said Act is further amended by striking Section 15 and inserting in its place a new Section 15 to read as follows:

GEORGIA LAWS 2006 SESSION

4567

'SECTION 15.

The Board of Commissioners shall make all purchases on the basis of competitive bids when, in its discretion, it deems it practicable to do so or when required by state law of general application:

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 or parts of law in conflict with this Act are repealed.

LEGAL NO. 303 FEB. 24, 2006
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Troup, approved March 25, 1958 (Georgia laws 1958, p. 3068), as amended, particularly by an Act approved March 24, 1988 (Georgia Laws 1988, p. 4458); and for other purposes.
This 22 day of February, 2006
Jeff Brown, Representative 69th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Brown, who on oath deposes and says that he is the Representative from District 69 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County on February 24, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
sf JEFF BROWN Jeff Brown Representative, District 69

4568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 9th day of March 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.
LEE COUNTY- LEE COUNTY PARKS AND RECREATION AUTHORITY; TERMS; REMOVAL FROM OFFICE.
No. 889 (House Bill No. 1627).
AN ACT
To amend an Act to create the Lee County Parks and Recreation Authority, approved May 17, 2004 (Ga. L. 2004, p. 3788), so as to provide terms for members; to provide for the removal of office for cause; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to create the Lee County Parks and Recreation Authority, approved May 17, 2004 (Ga. L. 2004, p. 378 8), is amended by striking in its entirety subsection (b) of Section 2 and inserting in lieu thereof the following:
'(b) The authority shall consist offive members appointed by a majority vote of the board of commissioners of Lee County, any of whom may be members of such governing authority, and the county manager of Lee County, who shall be an ex officio, nonvoting member of the authority. Members of the Lee County Parks and Recreation Authority shall be appointed for terms of one year, and members may succeed themselves in office; provided, however, that the members serving on July 1, 2006, shall continue to serve for the remainder of the term to which they were appointed. If a member of a governing authority is appointed as a member of the authority, his or her term shall terminate at the end of his or her term of office on the governing authority or upon his or her ceasing to be a member of the governing authority. Such person may be reappointed as a member of the authority.'

GEORGIA LAWS 2006 SESSION

4569

SECTION 2. Said Act is further amended by inserting at the end of Section 2 a new subsection to read as follows:
'(j) The office of any member of the authority shall be declared vacant upon a determination by the members ofthe board of commissioners of Lee County that such authority member has been, while in office, arrested for or convicted of a felony, a misdemeanor of a high and aggravated nature, or a crime involving moral turpitude or is found by the board of commissioners of Lee County to have moved such member's residence from the unincorporated area of Lee County during such member's term of office. The board of commissioners of Lee County shall be authorized to remove any member of the authority from office by a two-thirds vote of the board of commissioners of Lee County in the event that such member of the authority is found by the board of commissioners of Lee County to be guilty of misfeasance or malfeasance in office, is found by the board of commissioners of Lee County to have failed to attend three or more successive regular meetings of the authority without a reasonable excuse approved by a resolution of the authority, or who is found by the board of commissioners of Lee County to have engaged in actions or activities which are determined by the board of commissioners of Lee County to have been detrimental to the carrying out of the duties and obligations of the authority.'

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all members holding office on that date and to all future members.

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 2006 session of the General Assembly of Georgia a bill to amend an Act creating the Lee County Parks and Recreation Authority, approved May 17, 2004 (Georgia Laws 2004, p. 3788), as amended, so as to provide for terms of Authority members; to provide for removal from office of Authority members under certain circumstances, and for other purposes.
This, the 7th day of March, 2006.
Representative Ed Rynders

4570 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Rynders, who on oath deposes and says that he is the Representative from District !52 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Lee County Ledger which is the official organ of Lee County on March 8, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ED RYNDERS Ed Rynders Representative, District !52
Sworn to and subscribed before me, this 15th day of March 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.
CITY OF GUYTON- CORPORATE LIMITS; REFERENDUM.
No. 890 (House Bill No. 1626).
AN ACT
To annex certain territory into the City of Guyton and change the corporate limits of the city; to provide for related matters; to provide for a referendum; to provide for submission; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Any other provision oflaw to the contrary notwithstanding, in addition to all other territory included in the corporate limits of the City of Guyton, the following described property shall also be within and a part of the corporate limits of the City of Guyton:
Property in Pleasant Point Subdivision and the vicinity thereof:

GEORGIA LAWS 2006 SESSION

4571

All that land lying and being in the Tenth G .M. District, Effingham County, Georgia, being more particularly described as follows:
Tract One: All that certain lot, tract or parcel of land situate, lying and being in the lOth G.M. District, Effingham County, Georgia, containing .75 acres of land, more or less, located in the lOth G.M. District, Effingham County, Georgia, known and designated as Lot No.1, Pleasant Point Subdivision, that is shown and more particularly described by the plat of survey made by Leon A. Zipperer, R.L.S. # 2373, dated May 20, 2005, recorded in the Office of the Clerk of Superior Court of Effingham County, Georgia, in Plat Cabinet C, Slide 81 F 1, which is incorporated into this description by specific reference thereto.
Tract Two: All that certain lot, tract or parcel of land situate, lying and being in the lOth G.M. District, Effingham County, Georgia, containing .75 acres of land, more or less, located in the 1Oth G.M. District, Effingham County, Georgia, known and designated as Lot No. 2, Pleasant Point Subdivision, that is shown and more particularly described by the plat of survey made by LeonA. Zipperer, R.L.S. # 2373, dated May 20,2005, recorded in the Office of the Clerk of Superior Court of Effingham County, Georgia, in Plat Cabinet C, Slide 81 Fl, which is incorporated into this description by specific reference thereto.
Tract Three: All that certain lot, tract or parcel of land situate, lying and being in the lOth G.M. District, Effingham County, Georgia, containing .50 acres of land, more or less, located in the 1Oth G .M. District, Effingham County, Georgia, known and designated as Lot No.3, Pleasant Point Subdivision, that is shown and more particularly described by the plat of survey made by Leon A. Zipperer, R.L.S. # 2373, dated May 20, 2005, recorded in the Office of the Clerk of Superior Court of Effingham County, Georgia, in Plat Cabinet C, Slide 81 Fl, which is incorporated into this description by specific reference thereto.
Tract Four: All that certain lot, tract or parcel of land situate, lying and being in the lOth G.M. District, Effingham County, Georgia, containing .50 acres of land, more or less, located in the 1Oth G .M. District, Effingham County, Georgia, known and designated as Lot No.4, Pleasant Point Subdivision, that is shown and more particularly described by the plat of survey made by Leon A. Zipperer, R.L.S. # 2373, dated May 20, 2005, recorded in the Office of the Clerk of Superior Court of Effingham County, Georgia, in Plat Cabinet C, Slide 81 F 1, which is incorporated into this description by specific reference thereto.

4572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract Five: All that certain lot, tract or parcel of land situate, lying and being in the lOth G.M. District, Effingham County, Georgia, containing .50 acres of land, more or less, located in the lOth G.M. District, Effingham County, Georgia, known and designated as Lot No.5, Pleasant Point Subdivision, that is shown and more particularly described by the plat of survey made by Leon A. Zipperer, R.L.S. # 2373, dated May 20,2005, recorded in the Office of the Clerk of Superior Court of Effingham County, Georgia, in Plat Cabinet C, Slide 81 F l, which is incorporated into this description by specific reference thereto.
Tract Six: All that certain lot, tract or parcel of land situate, lying and being in the lOth G.M. District, Effingham County, Georgia, containing .50 acres of land, more or less, located in the lOth G .M. District, Effingham County, Georgia, known and designated as Lot No.6, Pleasant Point Subdivision, that is shown and more particularly described by the plat of survey made by Leon A. Zipperer, R.L.S. # 2373, dated May 20,2005, recorded in the Office of the Clerk of Superior Court of Effingham County, Georgia, in Plat Cabinet C, Slide 81 Fl, which is incorporated into this description by specific reference thereto.
Tract Seven: All that certain lot, tract or parcel of land situate, lying and being in the lOth G.M. District, Effingham County, Georgia, containing .50 acres of land, more or less, located in the lOth G.M. District, Effingham County, Georgia, known and designated as Lot No. 7, Pleasant Point Subdivision, that is shown and more particularly described by the plat of survey made by Leon A. Zipperer, R.L.S. # 2373, dated May 20,2005, recorded in the Office of the Clerk of Superior Court of Effingham County, Georgia, in Plat Cabinet C, Slide 81 F l, which is incorporated into this description by specific reference thereto.
Tract Eight: All that certain lot, tract or parcel of land situate, lying and being in the lOth G.M. District, Effingham County, Georgia, containing .50 acres of land, more or less, located in the lOth G.M. District, Effingham County, Georgia, known and designated as Lot No.8, Pleasant Point Subdivision, that is shown and more particularly described by the plat of survey made by Leon A. Zipperer, R.L.S. # 2373, dated May 20, 2005, recorded in the Office of the Clerk of Superior Court of Effingham County, Georgia, in Plat Cabinet C, Slide 81 F l, which is incorporated into this description by specific reference thereto.
Tract Nine: All that certain lot, tract or parcel of land situate, lying and being in the lOth G.M. District, Effmgham County, Georgia, containing .50 acres of land, more or less, located in the lOth G.M. District, Effingham County,

GEORGIA LAWS 2006 SESSION

4573

Georgia, known and designated as Lot No.9, Pleasant Point Subdivision, that is shown and more particularly described by the plat of survey made by Leon A. Zipperer, R.L.S. # 2373, dated May 20,2005, recorded in the Office of the Clerk of Superior Court of Effingham County, Georgia, in Plat Cabinet C, Slide 81 F 1, which is incorporated into this description by specific reference thereto. Tract Ten: All that certain lot, tract or parcel of land situate, lying and being in the lOth G.M. District, Effingham County, Georgia, containing 1.29 acres of land, more or less, located in the lOth G.M. District, Effingham County, Georgia, known and designated as Lot No. 10, Pleasant Point Subdivision, that is shown and more particularly described by the plat of survey made by Leon A. Zipperer, R.L.S. # 2373, dated May 20, 2005, recorded in the Office of the Clerk of Superior Court of Effingham County, Georgia, in Plat Cabinet C, Slide 81 F 1, which is incorporated into this description by specific reference thereto. Tract Eleven: All that certain lot, tract or parcel of land situate, lying and being in the lOth G.M. District, Effingham County, Georgia, containing 1.36 acres of land, more or less, located in the 1Oth G .M. District, Effingham County, Georgia, known and designated as Lot No. 11, Pleasant Point Subdivision, that is shown and more particularly described by the plat of survey made by Leon A. Zipperer, R.L.S. # 2373, dated May 20, 2005, recorded in the Office of the Clerk of Superior Court of Effingham County, Georgia, in Plat Cabinet C, Slide 81 Fl, which is incorporated into this description by specific reference thereto. Tract Twelve: All that certain lot, tract or parcel of land situate, lying and being in the lOth G.M. District, Effingham County, Georgia, containing 2.42 acres of land, more or less, located in the lOth G.M. District, Effingham County, Georgia, known and designated as "Future Development", Pleasant Point Subdivision, that is shown and more particularly described by the plat of survey made by Leon A. Zipperer, R.L.S. # 2373, dated May 20, 2005, recorded in the Office of the Clerk of Superior Court of Effingham County, Georgia, in Plat Cabinet C, Slide 81 Fl, which is incorporated into this description by specific reference thereto.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Effingham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Effingham County residing in the area described in Section 1 of this Act as the Sugar Hill Community, but outside the existing municipal boundaries of the city, for approval or rejection. The election superintendent shall conduct that election

4574 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G .A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Effingham County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which annexes the Pleasant Point Subdivision community into the corporate limits of the City of
NO ( ) Guyton?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection ofthe Act shall vote "No." Ifmore than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Guyton. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. The governing authority of the City of Guyton shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 3 0 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that legislation will be introduced at the present session of the General Assembly of the State of Georgia to annex certain territory into the City of Guyton, specifically property in the Pleasant Point subdivision and its immediate vicinity, located generally in the southeast comer of the intersection of Georgia Highway 119 and Little McCall Road and changes the corporate limits ofthe City; to provide for related matters, to repeal conflicting laws; and for other purposes.
Michael A. Garvin, Mayor of Guyton

GEORGIA LAWS 2006 SESSION

4575

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jon G. Burns, who on oath deposes and says that he is the Representative from District 157 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Effingham Herald which is the official organ of Effingham County on February 24,2006, and that the notice requirements of Code Section 28-1-14 have been met.

sf JON G. BURNS Jon G. Burns Representative, District 15 7

Sworn to and subscribed before me, this 14th day of March 2006.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)

Approved May 5, 2006.

TIFT COUNTY- STATE COURT; JUDGE; PROHIBIT PRACTICE OF LAW; COMPENSATION.
No. 891 (House Bill No. 1624).
AN ACT
To amend an Act creating and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468), as amended, so as to prohibit the judge of such court from engaging in the practice of law; to provide for the compensation of such judge; 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 and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468), as amended, is amended by striking the

4576 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
second unnumbered paragraph of Section 4 and inserting in lieu thereof the following:
'The judge of such court shall be prohibited during the term of his or her office from engaging in the practice of law. The judge shall be compensated by an annual salary fixed by the Board of Commissioners of Tift County in an amount not less than 90 percent of the salary paid to a judge of the superior court of the Tifton Judicial Circuit and which salary shall be paid from the general fund of said county in 12 monthly installments. The Board of Commissioners of Tift County shall, prior to February 15 of each calendar year, fix the annual salary of such judge for such calendar 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 2006 session of the General Assembly of Georgia a bill to amend an Act creating and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468) as amended, so as to prohibit the judge of such court from engaging in the practice of law; to provide for the compensation of such judge; to provide for related matters, and for other purposes.
This 6th day of March, 2006.
Representative Austin Scott 153rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Austin Scott, who on oath deposes and says that he is the Representative from District 153 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Tifton Gazette which is the official organ of Tift County on March 11, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ AUSTIN SCOTT Austin Scott Representative, District 153

GEORGIA LAWS 2006 SESSION
Sworn to and subscribed before me, this 14th day of March 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL}
Approved May 5, 2006.

4577

BRANTLEY COUNTY - BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 892 (House Bill No. 1623).
AN ACT
To create a board of elections and registration for Brantley 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 certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide 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) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Brantley County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the judge ofthe probate court of Brantley County under Chapter 2 ofTitle 21 ofthe O.C.G.A., the "Georgia Election Code," and the powers, duties, and responsibilities of the board of registrars of Brantley County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

4578 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 0 .C.G .A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act, and the term "commissioners" means the Board ofCommissioners of Brantley County and "county" means Brantley County.
SECTION 3. (a) The board shall be composed of five members who shall be appointed as provided in this section. (b) Two members of the board shall be appointed by the chairperson of the county executive committee of the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Two members of the board shall be appointed by the chairperson ofthe political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. In the event that there is no chairperson of a political party entitled to make an appointment under this subsection, the appointments on behalf of such political party shall be made by the state executive committee of such party. (c) One member of the board shall be selected by the governing authority of Brantley County. (d) All appointments to the board shall be promptly certified by the appointing authority of Brantley County to the clerk of the Superior Court of Brantley County. (e) The initial appointees to the board shall take office on January 1, 2007. The member appointed by the governing authority of Brantley County and one of the two members appointed by each political party shall serve terms beginning on January 1, 2007, and ending on December 31,2010, and until his or her respective successor is duly appointed and qualified. Successors to each such member shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning January 1, 2011, and until his or her respective successor is duly appointed and qualified. The other appointee of each political party shall serve a term beginning on January 1, 2007, and ending on December 31, 2008, and until his or her respective successor is duly appointed and qualified. Successors to such members shall thereafter be appointed by the appropriate appointing authority to serve terms of office of four years beginning January 1, 2009, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. The chairpersons of each political party making the initial appointments under this section shall designate which term each appointee shall serve. (t) At the first meeting ofthe board in each year, the members of the board shall select one of their number to serve as chairperson. Such chairperson shall preside over all meetings of the board and shall vote only in the case of a tie.

GEORGIA LAWS 2006 SESSION

4579

SECTION 4. The Brantley County Board of Commissioners, which will consider the recommendation of the board of elections and registration, shall appoint a person to serve as the election supervisor of Brantley County. Such position shall be full time. The Brantley County Board of Commissioners shall set the pay and salary of such election supervisor. The election supervisor shall generally direct and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The election supervisor shall not be a member of the board of elections and registration. The election supervisor shall be supervised by the board of elections and registration and shall deemed to be an at-will employee of the board of commissioners and shall be subject to removal from office, with or without cause, by the Board of Commissioners of Brantley County.

SECTION 5. Each member of the board shall:
(1) Be eligible to be reappointed to succeed such member; (2) Have the right to resign at any time by giving written notice of such resignation to the governing authority of Brantley County and to the clerk of the superior court; and (3) Serve until his or her successor is appointed and qualified.

SECTION 6. (a) The appointing authority shall certify the appointment of each member of the board by filing an affidavit with the clerk of the superior court no later than 30 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. (b) 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.

SECTION 7. In the event a vacancy occurs in the office of any member before the expiration of his or her term, by removal, death, resignation, or otherwise, the appointing authority which is required under Section 3 of this Act to make the appointment to the office upon the expiration of the term shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. If the vacancy in office is not filled within 60 days after it occurs, the vacancy shall be filled for the remainder of the term by the governing authority of Brantley County. The clerk of the superior court shall be notified of such interim appointments and record and certify such appointments in the same manner as the regular appointment of memhers.

4580 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 8. (a) The first members of the board under this Act shall be appointed as provided in this Act to take office on January 1, 2007. The board shall take no official action until all members have been certified to the clerk ofthe Superior Court of Brantley County. (b) 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.
SECTION 9. (a) No person who holds elective public office shall be eligible to serve as a member ofthe board during the term of such elective 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. (b) Members of the board must be residents of Brantley County and must have been registered voters in Brantley County for a period of at least one year prior to the date of appointment to the board.
SECTION 10. The board shall have the authority to contract with any municipality or governmental authority located within Brantley County for the holding by the board of any primary or election to be conducted within such municipality or governmental authority.
SECTION 11. (a) The board shall be authorized and empowered to organize itself, elect from among its members a vice chairperson, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of its affairs; 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 12. (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. 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 special meeting has been communicated in writing to the election supervisor to provide public notice ofthe meeting as required by law. All meetings of whatever kind ofthe board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A.

GEORGIA LAWS 2006 SESSION

4581

(b) The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G .A.

SECTION 13. Compensation for the members of the board shall be fixed by the commissioners. All amounts payable under this section shall be paid from the funds of Brantley County.

SECTION 14. (a) The board may request additional clerical assistants as needed to efficiently carry out the duties and functions of the board on either an independent contract basis or as county employees entitled to all benefits as other county employees, to be determined by the board of commissioners. The board of commissioners shall be responsible for determining the pay and salary of all clerical assistants of the board. Any such assistants shall be hired by the board of commissioners, which will consider the recommendation of the board, and such clerical assistants shall be at-will employees of the board of commissioners. (b) The board of commissioners shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary.

SECTION 15. The board shall be responsible for the selection, appointment, and training of poll workers as of January 1, 2008.

SECTION 16. The Board of Commissioners of Brantley County shall cause, through its legal counsel, this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, within 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on January 1, 2008. Upon this Act becoming fully effective, the current superintendent of elections of Brantley County, the judge of the Probate Court of Brantley County, and the existing board of registrars of Brantley County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act and they shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties. Nothing contained herein is intended to prevent the appointment of members of the board, the hiring of an election supervisor, the hiring of clerical staff, or any necessary training for the

4582 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
members of the board, the election supervisor, and clerical assistants prior to January 1, 2008.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to create a board of elections and registration for Brantley County and to provide for its powers and duties; and for other purposes.
This 28 day of February, 2006.
Hinson Mosley Representative Hinson Mosley !78th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hinson Mosley, who on oath deposes and says that he is the Representative from District 178 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Brantley Enterprise which is the official organ of Brantley County on March 8, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ HINSON MOSLEY Hinson Mosley Representative, District 178
Sworn to and subscribed before me, this 9th day of March 2006.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

GEORGIA LAWS 2006 SESSION

4583

SCREVEN COUNTY- BOARD OF EDUCATION; COMPENSATION.

No. 893 (House Bill No. 1622).

AN ACT

To amend an Act providing for the election of the members of the board of education of Screven County, approved April 1, 2002 (Ga. L. 2002, p. 36 59), so as to change certain provisions regarding the compensation of the members of such 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 providing for the election of the members of the board of education of Screven County, approved April 1, 2002 (Ga. L. 2002, p. 3659), is amended by striking Section 5 and inserting in its place a new Section 5 to read as follows:

'SECTION 5. Members of the board of education of Screven County shall be compensated in the amount of $115.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as an agent of the board or 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.'

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 2006 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the members of the board of education of Screven County, approved April!, 2002 (Ga. L. 2002, p. 3659); to provide for related matters; and for other purposes.
This 3rd day of March, 2006.
Representative Jon G. Burns !57th District

4584 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jon G. Burns, who on oath deposes and says that he is the Representative from District 15 7 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Sylvania Telephone Newspaper which is the official organ of Screven County on March 9, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JON G. BURNS Jon G. Burns Representative, District 157
Sworn to and subscribed before me, this 13th day of March 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 5, 2006.
JENKINS COUNTY -BOARD OF EDUCATION; NONPARTISAN ELECTIONS.
No. 894 (House Bill No. 1621).
AN ACT
To amend an Act creating a new board of education of Jenkins County, approved April3, 1968 (Ga. L. 1968, p. 2965), as amended, so as to provide for nonpartisan election of the members of the board of education; to provide for submission ofthis Act under the federal Voting Rights Act of 1965, as amended; 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:

GEORGIA LAWS 2006 SESSION

4585

SECTION 1. An Act creating a new board of education of Jenkins County, approved April 3, 1968 (Ga. L. 1968, p. 2965), as amended, is amended by inserting a new subsection (d) to the end of Section 1 to read as follows:
'(d) All elections for members of the Board of Education of the County of Jenkins shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the November general election immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code."

SECTION 2. The Board of Education of the County of Jenkins shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 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 2006 session of the General Assembly of Georgia a bill to amend an Act creating a new board of education of Jenkins County, approved April3, 1968 (Ga. L. 1968, p. 2965), as amended and for other purposes.
This 3rd day of March, 2006.
Representative Jon G. Burns !57th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jon G. Burns, who on oath deposes and says that he is the Representative from District 157 and further deposes and says that the attached

4586 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation was published in the Millen News which is the official organ of Jenkins County on March 8, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JON G. BURNS Jon G. Burns Representative, District 157
Sworn to and subscribed before me, this 13th day of March 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 5, 2006.
CITY OF LITHONIA- NEW CHARTER.
No. 895 (House Bill No. 1620).
AN ACT
To provide a new charter for the City of Lithonia in DeKalb County, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method offilling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for transition; to provide for severability; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2006 SESSION

4587

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS

SECTION 1.10. Name.

The City of Lithonia in DeKalb County, Georgia, and the inhabitants thereof, are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style Lithonia, Georgia, and by that name shall have perpetual succession.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Lithonia, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.

4588 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1.13. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.
SECTION 2.11. City council terms and qualifications for office.
The mem hers of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmem her unless that person shall have been a resident of the city for 12 months prior to the date of election of mayor or members of the council; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term offour years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months preceding the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.

GEORGIA LAWS 2006 SESSION

4589

SECTION 2.13. Vacancy; filling of vacancies.

(a) Vacancies- The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies- A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment ifless than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G .A. or other such laws as are or may hereafter be enacted.

SECTION 2.14. Compensation and expenses.

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

SECTION 2.15. Holding other office; voting when financially interested.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by law, the mayor or any councilmem ber shall not hold any other city office or city employment during the term for which that person was elected. (c) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.

SECTION 2.16. Inquiries and investigations.

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

4590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.17. Chief executive officer.
The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative power granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter.
SECTION 2.18. Powers and duties of mayor.
The mayor shall: ( 1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (6) Prepare and submit to the city council a recommended operating budget and capital budget; (7) Submit to the city council at least once a year a statement covering the financial condition of the city, and, from time to time, such other information as the city council may request; (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 2.26 of this charter; (10) Provide for an annual audit of all accounts of the city; (11) Require the staff to submit written reports whenever the mayor deems it expedient; and (12) Perform such other duties as may be required by law, this charter, or by ordinance.
SECTION 2.19. General power and authority of the city council.
Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city.

GEORGIA LAWS 2006 SESSION

4591

SECTION 2.20. Organizational meetings.

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

SECTION 2.21. Regular and special meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember' s presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

SECTION 2.22. Rules ofprocedure.

(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 committee chairs of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The committee chair may have the power to appoint citizen/volunteer members to be on his or her committee at any time.

4592 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.23. Quorum: voting.
Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall not be counted as a vote for or against.
SECTION 2.24. 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 "It is hereby ordained by the governing authority of the City of Lithonia" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the city 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 city clerk and at such other public places as the city council may designate.
SECTION 2.25. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.26. Submission of ordinances to the mayor; veto power.
(a) Every ordinance adopted by the city council shall be presented promptly by the city clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall 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 Jaw upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council.

GEORGIA LAWS 2006 SESSION

4593

through the city clerk a written statement of 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. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of two-thirds of its members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts 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 herein. The reduced part or parts shall be presented to city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.

SECTION 2.27. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law, and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.

4594 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.28. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: ( 1) the requirements of subsection (b) of Section 2.24 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.29 of this charter. (b) Copies of any adopted code oftechnical regulations shall be made available by the city clerk for inspection by the public.
SECTION 2.29. Signing; authenticating; recording; codification; printing.
(a) The city clerk shall authenticate by the city clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Lithonia, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication ofthe first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

GEORGIA LAWS 2006 SESSION

4595

SECTION 2.30. Selection of mayor pro tempore.

By a majority vote of all its members, the city council shall elect a councilmember to serve as mayor pro tempore who shall serve at the pleasure of the city council. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember.

SECTION 2.31. Mayor pro tempore.

During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore, or in the mayor pro tempore's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.15 of this charter.

ARTICLE III ADMINISTRATIVE AFFAIRS

SECTION 3.10. Administrative and service departments.

(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties of, and establish, abolish, alter, consolidate, or leave vacant, all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers ofthe city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city council, be responsible for the administration and direction of the affairs and operations of that director's department or agency.

4596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.11. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function as the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority ofthe city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (t) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk an oath obligating himself or herselfto faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances ofthe city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.
SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the

GEORGIA LAWS 2006 SESSION

4597

city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney.

SECTION 3.13. City clerk.

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

SECTION 3.14. Personnel policies.

All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.

ARTICLE IV JUDICIAL BRANCH

SECTION 4.10. Creation; name.

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

SECTION 4.11. Chief judge; associate judge.

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

4598 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 120 days, or both such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking ofprisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance ofpersons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and 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.

GEORGIA LAWS 2006 SESSION

4599

(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest ofpersons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

SECTION 4.14. Appeal.

Any person aggrieved by a decision ofthe municipal court of the City of Lithonia shall have the right to appeal as provided by law.

SECTION 4.15. Rules for court.

With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

ARTICLE V ELECTIONS AND REMOVAL

SECTION 5.10. Applicability of general law.

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

SECTION 5.11. Regular elections; time for holding.

In odd years, on the Tuesday next following the first Monday in November, there shall be an election for the mayor and the city council. The terms of office shall begin following the November election when the oath of office is taken at the first regularly scheduled city council meeting in January.

4600 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
SECTION 5.13. Election by plurality.
The person receiving a plurality ofthe votes cast for any city office shall be elected.
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.13 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder ofthe term. In all otherrespects, the special election shall be held and conducted in accordance with the "Georgia Election Code," Chapter 2 of Title 21 of the O.C.G.A., as now or hereafter amended.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code."
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G .A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
( 1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by

GEORGIA LAWS 2006 SESSION

4601

ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of DeKalb 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 DeKalb County following a hearing on a complaint seeking such removal brought by any resident of the city of Lithonia.

ARTICLE VI FINANCE

SECTION 6.10. Property tax.

The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.

SECTION 6.11. Millage rate; due dates; payment methods.

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

SECTION 6.12. Occupation and business taxes.

The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.

SECTION 6.13. Regulatory fees; permits.

The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from

4602 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and, if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. Ifunpaid, such charges shall be collected as provided in Section 6.18 of this charter.

GEORGIA LAWS 2006 SESSION

4603

SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes and fees.

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

SECTION 6.19. General obligation bonds.

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

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

4604 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.22. Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the city at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.24. Preparation of budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution ofan annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Submission of operating budget to city council.
On or before a date fixed by the city council, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and . the capital budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.26. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions ofthis charter and for all

GEORGIA LAWS 2006 SESSION

4605

debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the first regularly scheduled meeting of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.

SECTION 6.27. Tax levies.

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

SECTION 6.28. Changes in appropriations.

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

SECTION 6.29. Capital budget.

(a) On or before the date fixed by the city council, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure,

4606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 2.27 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year on or before a date fixed by the city council. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city council may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.31. Contracting procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.22 of this charter.
SECTION 6.32. Centralized purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of city property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.

GEORGIA LAWS 2006 SESSION

4607

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

ARTICLE VII GENERAL PROVISIONS

SECTION 7.10. Bonds for officials.

The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.

SECTION 7.11. Prior ordinances.

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

SECTION 7.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and

4608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Severability.
Ifany article, section, subsection, paragraph, sentence, or part thereofofthis charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
SECTION 7.16. Specific repealer.
An Act creating a new charter for the City of Lithonia in the County of DeKalb, approved August 14, 1913 (Ga. L. 1913, p. 11 00), as amended, is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.
SECTION 7.17. General repealer.
All other laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 2006 SESSION

4609

LOCAL LEGISLATION A Bill To Be Entitled An Act to provide a new charter for the City of Lithonia in DeKalb County, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method offilling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for transition; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randal Mangham, who on oath deposes and says that he is the Representative from District 94 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 2, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RANDAL MANGHAM Randal Mangham Representative, District 94

Sworn to and subscribed before me, this 13th day of March, 2006.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL}

Approved May 5, 2006.

4610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CLAYTON COUNTY - HERITAGE TRAIL COMMISSION OF CLAYTON COUNTY; CREATION.
No. 896 (House Bill No. 1617).
AN ACT
To create a Heritage Trail Commission for Clayton County and to provide for its powers and duties; to provide for the composition of the commission and the selection and appointment of members; to provide for meetings, procedures, and operational bylaws; to provide for findings; to provide for automatic repeal; to provide for dissolution; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. There is created an entity to be known as the "Heritage Trail Commission of Clayton County." The purpose of the commission is to research, document, and promote the rich multicultural heritage of Clayton County and the surrounding areas.
SECTION 2. (a) The commission shall consist of the following members:
(1) Four members with one being appointed by each of the elected members of the Clayton County Board of Commissioners; (2) Nine members with one being appointed by each member of the Clayton County Legislative Delegation; and (3) Every member of the seven-member Clayton County Convention and Tourism Board or the designees thereof shall be members of the commission. (b) The commission chairperson shall be appointed by the Clayton County Board of Commissioners chairperson. (c) The commission honorary chairperson shall be the chairperson of the Clayton County Board of Commissioners. (d) The commission administrative assistant shall be the Clayton County Convention and Tourism Board director or a designee.
SECTION 3. Meeting dates, administrative functions, and operational bylaws shall be determined by the membership.
SECTION 4. No person shall receive compensation for serving on the commission.

GEORGIA LAWS 2006 SESSION

4611

SECTIONS. The commiSSion shall present findings to the Clayton County Board of Commissioners and the Clayton County Convention and Tourism Board.

SECTION 6. This Act shall be repealed on December 3 l, 2007, unless reauthorized by an Act of local legislation.

SECTION 7. The commission may be dissolved by a resolution passed by a majority of the Clayton County Board of Commissioners.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to create a Heritage Trail Commission for Clayton County and to provide for its powers and duties; to provide for the composition of the commission and the selection and appointment of members; to provide for meetings, procedures, and operational bylaws; to provide for findings; to provide for automatic repeal; to provide for dissolution; and for other purposes. This 9th day of March 2006. Gail Buckner, Representative Gail Buckner District 76.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gail Buckner, who on oath deposes and says that she is the Representative from District 76 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in theN ews Daily which is the official organ of Clayton County on March 11, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GAIL BUCKNER Gail Buckner Representative, District 76

Sworn to and subscribed before me, this 13th day of March 2006.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

4612 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
WALKER COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; 70 YEARS AND OLDER; REFERENDUM.
No. 897 (House Bill No. 1616).
AN ACT
To provide a homestead exemption from Walker County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead after a three-year phase in period 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:
(I) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Walker County school district, except for 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. (3) "Senior citizen" means a person who is 70 years of age or over on or before January I of the year in which application for the exemption under this Act is made. (b)(!) Each resident of the Walker County school district who is a senior citizen is granted an exemption on that person's homestead from all Walker County school district ad valorem taxes for educational purposes as follows:
(A) For the taxable years beginning on or after January I, 2008, and prior to January I, 2010, in the amount of$25,000.00 of the assessed value of that homestead; and (B) For all taxable years commencing on or after January 1, 2010, in the amount of $50,000.00 of the assessed value of the homestead. (2) The value of that property in excess of such exempted amount shall remain subject to taxation.

GEORGIA LAWS 2006 SESSION

4613

(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 Walker County giving the persons 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 subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Walker 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 addition to and not in lieu of any other homestead exemption applicable to Walker 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, 2008.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Walker County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Walker County school district for approval or rejection. The election superintendent shall conduct that election on the date of the July, 2006, state-wide general primary and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Walker County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Walker County school district ad valorem taxes for educational
NO ( ) purposes in the amount of $50,000.00 of the assessed value of the homestead for after a three-year phase in period residents of that school district who are 70 years of age or over?''
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than

4614 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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, 2008. 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 Walker 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 2006 session of the General Assembly of Georgia a bill to provide a homestead exemption from Walker County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 8th day of March, 2006
Representative Martin Scott 2nd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Martin Scott, who on oath deposes and says that he is the Representative from District 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County on March 10, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MARTIN SCOTT Martin Scott Representative, District 2

GEORGIA LAWS 2006 SESSION
Sworn to and subscribed before me, this 13th day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25,2007 (SEAL)
Approved May 5, 2006.

4615

CLAYTON COUNTY - CLAYTON COUNTY COMMISSION ON CHILDREN AND YOUTH; CREATION.
No. 898 (House Bill No. 1615).
AN ACT
To establish the "Clayton County Commission on Children and Youth"; to provide for matters relative thereto; to provide an effective date; to provide for automatic repeal of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that appropriate services to children and youth are vitally important and the establishment in Clayton County of a Commission on Children and Youth recognizes the importance of this service. The intent of this Act is to provide for the effective coordination and communication between the providers of children and youth services in Clayton County, including pediatrics, health, mental health, business, and industry, and all components of the social service delivery system, education, employment, and juvenile justice and community efforts tangent thereto.
SECTION 2. (a) There is established the "Clayton County Commission on Children and Youth" which shall be composed of the following members:
( 1) Fifteen voting members selected by the concerted action of the director ofthe Clayton County Department of Family and Children Services, the chairperson of the Clayton County Board ofCommissioners and the judges ofthe Juvenile Court of Clayton County. Voting members shall consist of individuals who are business and community leaders and who by their interest, training, or experience are knowledgeable ofthe issues affecting children and youth; individuals who are

4616 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in the field of education; individuals who are part oflocal government, including law enforcement officials; and individuals who by their training and experience are know ledge able in pediatrics, health, mental health, or social services. Voting members shall have the authority to vote on all issues before the commission; and voting members shall serve at the pleasure of their selectors. In selection and discharge of the voting members, the votes oftwo members of the selection and discharge group shall control; and (2) Ten ex officio members. Ex officio members shall consist of a member of the Clayton County legislative delegation, the sheriff of Clayton County, the chairperson of the Clayton County Board of Commissioners, the Clayton County Director of Po lice Services, the Presiding Judge of the Clayton County Juvenile Court, the Clayton County Superintendent of Schools, a physician appointed by the Director of Public Health, the Director of the Department of Family and Children Services, the Director of Mental Health, and a clergyman selected by vote of the designated ex officio members. Ex officio members shall not have the authority to vote on the administration of grants or grant requests or other such issues prohibited by law or as set forth in the commission's bylaws. (b) All appointments to the commission shall become effective on the first day of the month following the month in which this Act becomes law. In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled prior to the next regular meeting in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) Membership on the commission does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership on the commission. (d) Members ofthe commission shall serve without compensation, except that each member may be reimbursed out of the funds of the commission as funds are available for expenses incurred as a result of his or her duties as a commission member in accordance with the State ofGeorgia mileage reimbursement allowance. (e) The commission shall elect a chairperson and such other officers from among their number and make such bylaws for its operation as may be necessary or appropriate. (f) The commission may establish advisory committees. All members of the advisory committee shall be knowledgeable about children and youth issues.
SECTION 3. (a) The chairperson of the commission may contract with other agencies, public or private, or persons as the chairperson deems necessary for the rendering and affording of such services, facilities, studies, research, and reports to the commission as will best assist it to carry out its duties and responsibilities. (b) The chairperson may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this Act, given funds available.

GEORGIA LAWS 2006 SESSION

4617

SECTION 4. The commission is vested with the following functions and authorities:
(1) To cooperate with and seek cooperation from every department, agency, or instrumentality in furtherance of the purposes of this Act; (2) To convene periodically, but at least three times a year, at a place and time designated by the chairperson of the commission; (3) To develop, in coordination and cooperation with all components of the various children and youth systems ofthis state, and agencies ofClayton County, public or private, legislative proposals and executive policy proposals to better meet the needs of children and youth and improve the quality of services available to them; (4) To review and develop an integrated county plan for services provided to children and youth through whatever available federal, state, and local programs; (5) To provide technical assistance and consultation to members of the commission and officers of Clayton County government, particularly those involved in providing services to children and youth; (6) To review existing statutes, administrative rules, regulations, ordinances, and policies of those agencies having a member on the commission relating to children and youth and make recommendations which will encourage greater interagency coordination and cooperation, for effective utilization of existing resources; (7) To facilitate the elimination ofunnecessary duplicative efforts, programs, and services; (8) To administer assistance funds for the purposes mentioned herein or as assigned by law or executive order; and (9) Notwithstanding any provision in this Act to the contrary, the commission shall not exercise any power, undertake any duty, or perform any function otherwise assigned by law.

SECTION 5. (a) The commission is authorized to accept and use property, both real and personal, and services for the purpose of carrying out this Act. The commission is authorized to accept and use gifts, grants, and donations for the purpose of carrying out this Act. Any funds, property, or services received by gifts, grants, or donations shall be kept separate and apart from any funds received from any governmental agency, and such funds, property, or services so received by gifts, grants, or donations shall be the property and the funds of the commission and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the commission to carry out the provisions of this Act. (b) The commission may solicit funds from the federal government, state government, county government, and municipalities, and any public funds donated by government are authorized, provided that the commission accounts for the spending of such funds on an annual basis.

4618 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The commission shall make an annual report on December 1 of each year of its findings and recommendations to the members of the Clayton County legislative delegation, the Board of Commissioners of Clayton County, and the judicial officers of Clayton County.
SECTION 6. This Act shall become effective on July 1, 2006.
SECTION 7. The commission shall stand abolished on December 31, 2007.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to establish the "Clayton County Commission on Children and Youth"; to provide for matters relative thereto; to provide an effective date; to provide for automatic repeal of this Act; and for other purposes. This 9th day of March 2006. Gail Buckner, Representative Gail Buckner District 76.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gail Buckner, who on oath deposes and says that she is the Representative from District 76 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in theN ews Daily which is the official organ of Clayton County on March 11, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GAIL BUCKNER Gail Buckner Representative, District 76
Sworn to and subscribed before me, this 13th day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)

GEORGIA LAWS 2006 SESSION Approved May 5, 2006.

4619

FORSYTH COUNTY- STATE COURT; JUDGE; COMPENSATION.
No. 899 (House Bill No. 1613).
AN ACT
To amend an Act creating the State Court of Forsyth County, approved April15, 1996 (Ga. L. 1996, p. 455 8), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5579), so as to change the compensation of the judges of the State Court of Forsyth County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5579), is amended by striking Section 16 and inserting in lieu thereof the following:
"SECTION 16. Each judge of the State Court of Forsyth County shall receive as compensation an amount equal to 95 percent of the state salary plus the county supplement now or hereafter paid to the judges of the Superior Court of Forsyth County. Such compensation shall be paid in equal monthly installments from the funds of Forsyth 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 hereby given that there will be introduced at the 2006 regular session of the General Assembly of Georgia legislation to amend an Act creating the State Court of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), as amended, particularly by an Act approved Aprill4, 1997 (Ga. L. 1997, p. 4173) and by an Act approved May I, 2002 (Ga. L. 2002, p. 5579), so as to change the

4620 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provisions relating to the compensation of the judges ofthe State Court of Forsyth County by increasing said compensation to an amount equal to ninety-five percent (95%) of the salary, plus any local supplement, paid to the judges of the Superior Court of Forsyth County; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 3rd day ofMarch, 2006.
Jack Murphy Representative, 23rd District
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 23 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 8, 2006, and that the notice requirements of Code Section 28-l-14 have been met.
s/ JACK MURPHY Jack Murphy Representative, District 23
Sworn to and subscribed before me, this 13th day of March, 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

GEORGIA LAWS 2006 SESSION

4621

CATOOSA COUNTY- BOARD OF UTILITY COMMISSIONERS; TERM LIMITS.

No. 900 (House Bill No. 1612).

AN ACT

To amend an Act creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, particularly by an Act approved Aprill6, 1999 (Ga. L. 1999, p. 4416), so as to provide for a limit on the number of terms which members of such board may serve; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4416), is amended by striking in its entirety paragraph (6) of subsection (b) of Section 1 and inserting in lieu thereof the following:
'(6) The members serving on the board of utilities commissioners on the effective date of this Act shall continue to serve until the end of their terms. Their successors shall serve terms of six years. Members shall be eligible for reelection; provided, however, that no person shall serve more than three full terms. A member of the authority may be removed for just cause by the vote of other members of the authority."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Utilities Commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended; and for other purposes.
This 8th day of March, 2006.
Rep. Ronald L. Forster Third District

4622 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronald L. Forster, who on oath deposes and says that he is the Representative from District 3 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on March 8, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
sf RONALD L. FORSTER Ronald L. Forster Representative, District 3
Sworn to and subscribed before me, this 13th day of March, 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 5, 2006.
CATOOSA COUNTY - BOARD OF ELECTIONS AND REGISTRATION; TERMS.
No. 901 (House Bill No. 1611).
AN ACT
To amend an Act creating a board of elections and registration for Catoosa County, approved March 22, 1990 (Ga. L. 1990, p. 4371), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4251), so as to correct the terms of office of members of the board; to correct a typographical error; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a board ofelections and registration for Catoosa County, approved March 22, 1990 (Ga. L. 1990, p. 4371), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4251 ), is amended by striking

GEORGIA LAWS 2006 SESSION

4623

paragraphs (7) and (8) of Section 2 and inserting in lieu thereofnew paragraphs (7) and (8) to read as follows:
'(7) The current members of the board shall serve until December 31, 2003. Successors to the current board members shall be appointed as follows:
(A) Two members shall be appointed by the executive committee of the political party whose candidate at the last preceding general election received the largest number of votes in this state for the office of Governor. One of the persons so appointed, who shall be designated by the executive committee, shall serve a term of office beginning on January l, 2004, and expiring on December 31, 2005, and one of the persons so appointed, who shall be designated by the executive committee, shall serve a term of office beginning on January 1, 2004, and expiring on December 31, 2007; (B) Two members shall be appointed by the executive committee of the political party whose candidate at the last preceding general election received the next largest number of votes in this state for the office of Governor. One of the persons so appointed, who shall be designated by the executive committee, shall serve a term of office beginning on January 1, 2004, and expiring on December 31, 2005, and one of the persons so appointed, who shall be designated by the executive committee, shall serve a term of office beginning on January 1, 2004, and expiring on December 31,2007; (C) One member shall be appointed as provided in paragraph (4) of this section to a term of office beginning January 1, 2004, and expiring December 31, 2007; and (D) All such appointments shall be made prior to December 31,2003. All such persons so appointed shall serve for the initial terms specified and until their successors are duly appointed and qualified; and (8) After the initial terms of office, successors to members whose terms are about to expire shall be appointed to take office on the first day of January immediately following the expiration of a term of office and shall serve for terms of four years each and until their successors are duly appointed and qualified.'

SECTION 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 2006 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Elections and Registration for Catoosa County, approved March 22, 1990 (Ga. L. 1990, p. 4371), as amended; particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4251 ), so as to correct the terms of office of members of the board; to correct a typographical error; to provide for related matters; and for other purposes.

4624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 6th day of March, 2006
Rep. Ronald L. Forster Third District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronald L. Forster, who on oath deposes and says that he is the Representative from District 3 and further deposes and says thatthe attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on March 8, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
sf RONALD L. FORSTER Ronald L. Forster Representative, District 3
Sworn to and subscribed before me, this 13th day of March, 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 5, 2006.
CITY OF WINDER- CORPORATE LIMITS.
No. 902 (House Bill No. 161 0).
AN ACT
To amend an Act reincorporating the City of Winder, Georgia, in the County of Barrow, approved March 25, 1974 (Ga. L. 1974, p. 3476), as amended, so as to annex certain territory into the City of Winder 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:

GEORGIA LAWS 2006 SESSION

4625

SECTION 1. An Act reincorporating the City of Winder, Georgia, in the County of Barrow, approved March 25, 1974 (Ga. L. 1974, p. 3476), as amended, is amended by adding Section 1-2.1 to read as follows:

'SECTION 1-2.1. Corporate Limits.

In addition to other territory annexed by the City of Winder, the corporate limits of the city shall also include the following described tract of land:
All that tract or parcel of land being in the 243rd G.M .D of Barrow County, Georgia and being more particularly described as follows:
Beginning at a found P.K. nail at the centerline intersection of Barrow Park Drive and Pearl Pentecost Road (1 00' r/w);
THENCE North 07 degrees 00 minutes 17 seconds East for a distance of 183.48 feet to a found 1/2" open top pipe on the easterly right-of-way of said Pearl Pentecost Road; THENCE continuing along said easterly right-of-way North 08 degrees 58 minutes 48 seconds West for a distance of 424.92 feet to a found 112" open top pipe; THENCE North 08 degrees 58 minutes 08 seconds West for a distance of 753.64 feet to a found 112" open top pipe, and THE POINT OF BEGINNING for the parcel herein described;
THENCE continuing along said easterly right-of-way of Pearl Pentecost Road North 08 degrees 49 minutes 12 seconds West for a distance of 579.63 feet to a found concrete monument;
THENCE along a curve to the left having a radius of 5817.22 feet and an arc length of 560.80 feet, being subtended by a chord of North 11 degrees 42 minutes 08 seconds West for a distance of 560.59 feet to a point;
THENCE North 15 degrees 01 minutes 15 seconds West for a distance of 671.27 feet to a point;
THENCE along a curve to the left having a radius of 1962.53 feet and an arc length of 625.00 feet, being subtended by a chord of North 24 degrees 02 minutes 08 seconds West for a distance of 622.36 feet to a point at the intersection of said easterly right-of-way of Pearl Pentecost Road and the centerline of Cedar Creek;
THENCE leaving said easterly right-of-way and along said centerline of Cedar Creek for the following courses and distances: North 24 degrees 21 minutes 39 seconds East for a distance of 59.93 feet to a point;
THENCE North 63 degrees 30 minutes 22 seconds East for a distance of 28.13 feet to a point;
THENCE North 55 degrees 41 minutes 26 seconds East for a distance of 70.59 feet to a point;
THENCE North 27 degrees 24 minutes 34 seconds East for a distance of 83.09 feet to a point;

4626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THENCE North 62 degrees 39 minutes 03 seconds East for a distance of 81.1 2 feet to a point;
THENCE South 74 degrees 47 minutes 32 seconds East for a distance of 30.61 feet to a point;
THENCE South 72 degrees 37 minutes 12 seconds East for a distance of 40.05 feet to a point;
THENCE South 64 degrees 14 minutes 06 seconds East for a distance of 55.19 feet to a point;
THENCE North 29 degrees 43 minutes 37 seconds East for a distance of 12.5 7 feet to a point;
THENCE North 49 degrees 28 minutes 50 seconds East for a distance of 50.28 feet to a point;
THENCE North 87 degrees 50 minutes 28 seconds East for a distance of 41.13 feet to a point;
THENCE South 26 degrees 07 minutes 11 seconds East for a distance of 77.96 feet to a point;
THENCE South 55 degrees 41 minutes 28 seconds East for a distance of 23.75 feet to a point;
THENCE North 62 degrees 05 minutes 45 seconds East for a distance of 50.8 5 feet to a point;
THENCE North 20 degrees 43 minutes 09 seconds East for a distance of 49.68 feet to a point;
THENCE North 80 degrees 11 minutes 30 seconds East for a distance of 33.16 feet to a point;
THENCE South 42 degrees 48 minutes 21 seconds East for a distance of 95.96 feet to a point;
THENCE South 84 degrees 21 minutes 57 seconds East for a distance of 36.38 feet to a point;
THENCE North 73 degrees 45 minutes 18 seconds East for a distance of 48.91 feet to a point;
THENCE North 65 degrees 24 minutes 42 seconds East for a distance of 38.07 feet to a point;
THENCE North 84 degrees 05 minutes 01 seconds East for a distance of 56.24 feet to a point; THENCE North 76 degrees 39 minutes 37 seconds East for a distance of 68.3 1 feet to a point;
THENCE South 83 degrees 29 minutes 19 seconds East for a distance of 41.99 feet to a point;
THENCE South 66 degrees 09 minutes 02 seconds East for a distance of 43.71 feet to a point;
THENCE North 58 degrees 28 minutes 49 seconds East for a distance of 120.43 feet to a point;
THENCE North 56 degrees 12 minutes 19 seconds East for a distance of 65.66 feet to a point;

GEORGIA LAWS 2006 SESSION

4627

THENCE North 17 degrees 53 minutes 33 seconds East for a distance of 57.59 feet to a point;
THENCE South 86 degrees 36 minutes 43 seconds East for a distance of 35.81 feet to a point;
THENCE South 00 degrees 39 minutes 23 seconds West for a distance of 42.22 feet to a point;
THENCE South 45 degrees 50 minutes 39 seconds East for a distance of 43.35 feet to a point;
THENCE North 88 degrees 56 minutes 48 seconds East for a distance of 47.92 feet to a point;
THENCE North 60 degrees 31 minutes 49 seconds East for a distance of 35.26 feet to a point;
THENCE South 56 degrees 35 minutes 05 seconds East for a distance of 67.57 feet to a point;
THENCE North 77 degrees 53 minutes 00 seconds East for a distance of 69.82 feet to a point;
THENCE South 68 degrees 27 minutes 05 seconds East for a distance of 41.51 feet to a point;
THENCE North 80 degrees 37 minutes 25 seconds East for a distance of 78.74 feet to a point;
THENCE North 50 degrees 21 minutes 43 seconds East for a distance of 30.54 feet to a point;
THENCE South 85 degrees 46 minutes 18 seconds East for a distance of 57.72 feet to a point;
THENCE North 44 degrees 10 minutes 53 seconds East for a distance of 79.74 feet to a point;
THENCE North 80 degrees 28 minutes 16 seconds East for a distance of 58.79 feet to a point;
THENCE North 53 degrees 08 minutes 05 seconds East for a distance of 36.62 feet to a point;
THENCE North 77 degrees 08 minutes 59 seconds East for a distance of 39.31 feet to a point;
THENCE North 58 degrees 58 minutes 26 seconds East for a distance of 72.79 feet to a point;
THENCE North 88 degrees 59 minutes 57 seconds East for a distance of 44.81 feet to a point;
THENCE North 55 degrees 09 minutes 15 seconds East for a distance of 100.61 feet to a point;
THENCE North 82 degrees 32 minutes 32 seconds East for a distance of 45.3 2 feet to a point;
THENCE North 53 degrees 45 minutes 46 seconds East for a distance of 82.46 feet to a point;
THENCE North 58 degrees 30 minutes 38 seconds East for a distance of 54.05 feet to a point;

4628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
THENCE North 32 degrees 09 minutes 42 seconds East for a distance of 68.74 feet to a point;
THENCE North 59 degrees 32 minutes 09 seconds East for a distance of 88.15 feet to a point;
THENCE North 69 degrees 31 minutes 15 seconds East for a distance of 108.23 feet to a point;
THENCE North 89 degrees 42 minutes 01 seconds East for a distance of 96.8 6 feet to a point;
THENCE South 43 degrees 45 minutes 54 seconds East for a distance of 92.3 6 feet to a point;
THENCE South 71 degrees 07 minutes 44 seconds East for a distance of 68.60 feet to a point;
THENCE South 56 degrees 18 minutes 13 seconds East for a distance of 59.72 feet to a point;
THENCE North 71 degrees 32 minutes 48 seconds East for a distance of 39.04 feet to a point;
THENCE North 49 degrees 12 minutes 12 seconds East for a distance of 85.4 7 feet to a point;
THENCE South 80 degrees 08 minutes 56 seconds East for a distance of 89.13 feet to a point;
THENCE South 85 degrees 17 minutes 45 seconds East for a distance of 55.62 feet to a point;
THENCE North 61 degrees 37 minutes 40 seconds East for a distance of 60.42 feet to a point;
THENCE North 45 degrees 45 minutes 03 seconds East for a distance of 37.39 feet to a point;
THENCE North 73 degrees 11 minutes 21 seconds East for a distance of 85.02 feet to a point at the intersection of said centerline of Cedar Creek and the westerly right-of way of Georgia Highway No. 211;
THENCE leaving said centerline of Cedar Creek and along said westerly right-of-way of Georgia Highway No. 211 along a curve to the left having a radius of 1497.00 feet and an arc length of600.00 feet, being subtended by a chord of south 32 degrees 26 minutes 22 seconds East for a distance of 595.99 feet to a point;
THENCE continuing along said westerly right-of-way North 46 degrees 13 minutes 55 seconds East for a distance of 15.00 feet to a point;
THENCE along a curve to the left having a radius of 1549.45 feet and an arc length of 329.87 feet, being subtended by a chord of South 50 degrees 11 minutes 13 seconds East for a distance of329.24 feet to a set "X" cut in a concrete flume;
THENCE leaving said westerly right-of-wayofGeorgia Highway No. 211 South 47 degrees 30 minutes 21 seconds West for a distance of 1963.51 feet to a found 112" open top pipe;

GEORGIA LAWS 2006 SESSION

4629

THENCE South 16 degrees 41 minutes 39 seconds East for a distance of 726.40 feet to a found 1/2" open top pipe;
THENCE South45 degrees 33 minutes 23 seconds West fora distance of 139.96 feet to a found 1/2" open top pipe;
THENCE South 46 degrees 34 minutes 07 seconds West for a distance of 567.35feet to a found 1/2" open top pipe;
THENCE South 47 degrees 05 minutes 20 seconds West for a distance of 297.73feet to a found 1/2" open top pipe;
THENCE South47 degrees 10 minutes 52 seconds West fora distance of 110.00 feet to a set 1/2" rebar;
THENCE North 10 degrees 31 minutes 04 seconds West for a distance of 117.28 feet to a found 1/2" open top pipe;
THENCE North 68 degrees 21 minutes 21 seconds West for a distance of 974.63 feet to a found 1/2" open top pipe on the aforementioned easterly right-of-way Pearl Pentecost Road and THE POINT OF BEGINNING.
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 154.851 acres according to a survey for Barrow County Board ofCommissioners prepared by Moreland A Itobelli Associates, Inc., dated 04-03-03. Said survey is incorporated herein by specific reference for a more complete and accurate 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 given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of Winder, Georgia, in the County of Barrow, approved March 25, 1974 (Ga. L. 1974, p. 3476), as amended, so as to annex certain territory into the City ofWinder and thereby change the corporate limits of such city; and for other purposes.
This 7th day of March, 2006.
Representative Terry England 108th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry England, 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 Barrow

4630 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County News which is the official organ of Barrow County on March 8, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/TERRY ENGLAND Terry England Representative, District I 08
Sworn to and subscribed before me, this 13 day of March 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 5, 2006.
PAULDING COUNTY- BOARD OF COMMISSIONERS; COMPENSATION.
No. 903 (House Bill No. 1608).
AN ACT
To amend an Act creating the Board of Commissioners of Paulding County, approved Aprill7, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved April13, 2001 (Ga. L. 2001, p. 4145), so as to change the compensation of the chairperson and members ofthe commission; 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 of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4145), is amended by striking subsection (a) of Section 8, which reads as follows:
'(a) The chairperson shall receive an annual salary of $60,000.00. Beginning January 1, 2002, the chairperson shall receive an annual salary of $75,000.00. The other members of the commission designated as post commissioners shall each receive an annual salary of$15,000.00. Beginning January 1, 2002, the post commissioners shall each receive an annual salary of $18,5 00.00. All

GEORGIA LAWS 2006 SESSION

4631

compensation provided for in this section shall be payable monthly and shall be paid from county funds. Except as otherwise provided in subsection (b) of this section, the compensation provided in this subsection shall constitute the entire compensation from all public sources to which the chairperson or either post commissioner shall be entitled. The chairperson and other commissioners shall not be entitled to any further compensation for serving on any boards or authorities by virtue of their office:, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) Beginning January 1, 2007, the chairperson shall receive an annual salary of $95,000.00. Beginning January 1, 2007, the post commissioners shall each receive an annual salary of $22,500.00. All compensation provided for in this section shall be payable monthly and shall be paid from county funds. Except as otherwise provided in subsection (b) of this section, the compensation provided in this subsection shall constitute the entire compensation from all public sources to which the chairperson or either post commissioner shall be entitled. The chairperson and other commissioners shall not be entitled to any further compensation for serving on any boards or authorities by virtue of their office.'

SECTION 2. This Act shall become effective on January 1, 2007.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an Act relating to the Paulding County board of commissioners, approved April17, 1975 (Ga. L. 1975, p. 2916), so as to change the compensation of the members of the board of commissioners; to provide for other related matters; and for other purposes.
This 16th day of Feb., 2006.
Representative Glenn Richardson 19th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn Richardson, who on oath deposes and says that he is the Representative from District 19 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Dallas New

4632 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Era which is the official organ of Paulding County on February 23, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GLENN RICHARDSON Glenn Richardson Representative, District 19
Sworn to and subscribed before me, this 9th day of March, 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
CITY OF SAVANNAH AND CHATHAM COUNTY - BOARD OF PUBLIC EDUCATION; COMPENSATION.
No. 904 (House Bill No. 1603).
AN ACT
To amend an Act governing the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4031), so as to modify the compensation of members ofthe Board of Public Education for the City of Savannah and the County of Chatham; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act governing the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4031), is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:

GEORGIA LAWS 2006 SESSION

4633

'SECTION 4. The members of the board shall each receive $12,000.00 per annum and the chairperson ofthe board shall receive $16,000.00 per annum as full compensation for their duties. Such compensation shall be paid to each member and to the chairperson in equal monthly installments from the funds of the board.'

SECTION 2. This Act shall become effective on July 1, 2006, and shall apply to compensation for services provided on or after that date.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to amend an act governing the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, P. 2636), as amended, particularly by an Act approved April14, 1997 (Ga. L. 1997, p. 4031 ), so as to modify the compensation ofmembers of the board, to provide for applicability; to repeal conflicting laws; and for other purposes.
This 2nd day ofMarch, 2006.
Lester Jackson Representative Lester G. Jackson 161 st District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lester Jackson, who on oath deposes and says that he is the Representative from District 161 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on March 4, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LESTER JACKSON Lester Jackson Representative, District 161

4634 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 8th day of March, 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.
CLAYTON JUDICIAL CIRCUIT- DISTRICT ATTORNEY; COMPENSATION.
No. 910 (Senate Bill No. 678).
AN ACT
To amend an Act providing a county supplement to the state salary of the district attorney of the Clayton judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended, particularly by an Act approved April9, 1999 (Ga. L. 1999, p. 4127), so as to change the amount of such county supplement; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended, particularly by an Act approved April9, 1999 (Ga. L. 1999, p. 4127), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following:
'SECTION 1. In addition to the salary payable from state funds, the district attorney of the Clayton Judicial Circuit shall receive a county supplement of $34,000.00 per annum payable in equal monthly installments out ofthe funds ofClayton County. The governing authority of Clayton County is authorized and directed to pay the district attorney such additional compensation.'
SECTION 2. This Act shall become effective on July l, 2006.

GEORGIA LAWS 2006 SESSION
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

4635

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 Session of the General Assembly of Georgia a bill to amend an Act providing a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended; and for other purposes.
This 1Oth day of March, 2006.
Clayton County Delegation
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Valencia Seay, who on oath deposes and says that she is the Senator from District 34 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in theN ews Daily which is the official organ of Clayton County on March 10, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ VALENCIA SEAY Valencia Seay Senator, District 34
Sworn to and subscribed before me, this 1Oth day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

4636 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DEKALB COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; BASE YEAR; REFERENDUM.
No. 920 (House Bill No. 595).
AN ACT
To provide for a homestead exemption from certain DeKalb 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 ofDeKalb County, including but not limited to, any ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (b) Each resident of DeKalb County is granted an exemption on that person's homestead from DeKalb 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 ofDeKalb County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to

GEORGIA LAWS 2006 SESSION

4637

whether such owner is entitled to such exemption. The tax commissioner of DeKalb 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 0 .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) 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 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 only to taxable years 2007 through 2011. Unless renewed or extended by subsequent Act of the General Assembly, the exemption granted by subsection (b) of this section shall not apply to taxable year 2012 or any subsequent taxable year.

SECTION 2. Unless otherwise prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent ofDeKalb County shall call and conduct an election on the Tuesday after the first Monday in November, 2006, as provided in this section for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection; provided however, that if a county-wide referendum for DeKalb County is held prior to the Tuesday after the first Monday in November, 2006, the election superintendent ofDeKalb County shall call and conduct an election on the same date as such county-wide referendum for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall issue the call and conduct such election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from DeKalb 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 all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of

4638 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 the first day of January immediately following the date ofthe referendum election. Ifthe 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 such election date. The expense of such election shall be borne by DeKalb County. It shall be the duty of the election superintendent of DeKalb County to certify the results 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 is given that there will be introduced at the regular 2005 session of the General Assembly of Georgia a bill to provide for a homestead exemption from certain DeKalb 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 definition; 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, Fran Millar, who on oath deposes and says that he is the Representative from District 79 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Champion which is the official organ ofDeKalb County on February 3, 2005, and that the notice requirements of Code Section 28-1-14 have been met.
s/ FRAN MILLAR Fran Millar Representative, District 79

GEORGIA LAWS 2006 SESSION
Sworn to and subscribed before me, this 7th day of February 2005.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

4639

DECATUR COUNTY- BOARD OF COMMISSIONERS: COMPREHENSIVE RESTATEMENT.
No. 921 (Senate Bill No. 680).
AN ACT
To amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, so as to restate and revise the provisions of said Act; to provide for a comprehensive restatement; to change provisions relating to the chairperson and vice chairperson of the board and their selection, service, and powers and duties; to change provisions relating to meetings, a quorum, and voting; to modernize certain provisions and language and omit certain obsolete provisions; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, is amended by striking Sections 1 through 17 of said Act, which sections comprise all substantive provisions of said Act as amended, and inserting in their place new Sections 1 through 17 which shall comprise a comprehensive restatement and revision of the provisions of said Act and which shall read as follows:
'SECTION 1. (a) There is established in Decatur County a board of commissioners which shall be the governing authority of said county. The board shall be composed of six members as provided in this Act. For the purpose of electing members of the board, Decatur County is divided into six commission districts as follows:

4640 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COMMISSION DISTRICT NO.1 Commence on the East side of State Route 302 at its intersection with the Florida State Line, and thence run East along the Florida State Line to the East Decatur County Line; thence run North along the East Decatur County Line to the South side of Bell Dixon Road; thence run West along the South side of the Bell Dixon Road to its intersection with the East side of Fewell Road; thence run in a Southwesterly direction along the East side of Fewell Road to its intersection with the East side of State Route 262; thence run in a Southwesterly direction along the South side of State Route 262 (Antioch Church Road) to the intersection of the South side of Lake Douglas Road; thence run in a Northwesterly direction along the South side of Lake Douglas Road to the South side of Cedar Grove Road; thence run along the South side of Cedar Grove Road to the East side of Woodhull Road; and thence run in a Northerly direction along the East side of Woodhull Road to Georgia Power Company transmission line right-of-way; thence run along the South side of Georgia Power Company transmission right-of-way line to the West side of Seaboard Coastline Railroad right-of-way; thence run in a Northerly direction along the West right-of-way of the Seaboard Coastline Railroad right-of-way to its intersection with Four Mile Creek; thence meandering along Four Mile Creek in a Northwesterly direction to its intersection with the West side of Fowlstown Road; thence run North along the West side of Fowlstown Road to the South side of Country Club Road; thence run West along the South side of Country Club Road to the West side of State Route 97 (Faceville Highway); thence run South along the West side of Faceville Road to the South side of Hand Road; thence run West along the South side of Hand Road to its intersection with Four Mile Creek; thence meandering along Four Mile Creek in a Southwesterly direction to its intersection with Flint River; thence meandering along the East side of Flint River in a Southerly direction to its intersection with Dry Creek; thence meandering along Dry Creek in a Northeasterly direction to its beginning and then following the extension of said line in an Easterly direction to its intersection with the East side of State Route 97 Uust South of Southland Road); thence run in a Southerly direction along the East side ofHighway 97 to its intersection with Highway 302; thence run in a Southerly direction along the East side of Highway 302 to the Florida line and the point of beginning.
COMMISSION DISTRICT NO.2 Commence on the South side of County Line Road at its intersection with the East Decatur County Line and thence run West along the South side of the County Line Road to its intersection with the East side of Flint River; thence meandering along the East side of Flint River in a Southwesterly direction to its intersection with the North side of Big Slough Landing; thence run in a Northeasterly direction along theN orth side of Big Slough Landing to the East side of East River Road; thence run South along the East side of East River

GEORGIA LAWS 2006 SESSION

4641

Road to the intersection with the North side of Forrest Lane; thence run East along the North side ofForrest Lane to its intersection with Cumberland Court; thence run along Cumberland Court to its intersection with the city limits of the City of Bainbridge; thence run along the city limits ofthe City ofBainbridge to its intersection with the North side of Belcher Lane; thence run East along the North side of Belcher Lane to its intersection with the West side of Whigham Dairy Road; thence run South along the West side of Whigham Dairy Road to its intersection with the South side of Old Whigham Road; thence run West along the South side of the Old Whigham Road to its intersection with the East side of Pipe Line Street; thence run South along the East side of Pipe Line Street to its intersection with the North side of Shotwell Street; thence run East along the North side of Shotwell Street to its intersection with the East side of Whigham Dairy Road; thence run South across Shotwell Street to the East side of College Road and thence continue to run South along the East side of College Road to its intersection with the North side of Lake Douglas Road; thence run in a Southeasterly direction along the North side of Lake Douglas Road to its intersection with the West side of Alday Road; thence run North along the West side of Alday Road to its intersection with Carrie Bell Drive on the North; thence run in aN ortheasterly direction along the West side of Alday Road to a curve to the East; thence run East along the North side of Alday Road to a curve to the South; thence run South along the East side of Alday Road to a curve to the East; thence run East along the North side of Alday Road to a curve to the South; thence run South along the East side of Alday Road to the North side of Lake Douglas Road; thence run in a Southeasterly direction along the East side of Lake Douglas Road to its intersection with the South side of Woodhull Road; thence run West along the South side of Woodhull Road to a curve to the South; thence run South along the East side of Woodhull Road to its intersection with the North side of Cedar Grove Road; thence run East along the North side of Cedar Grove Road to the East side of Lake Douglas Road; thence run South along the East side of Lake Douglas Road to its intersection with State Route 262; thence run in a Northeasterly direction along State Route 262 to its intersection with Fewell Road; thence run in a Northeasterly direction along the West side of Fewell Road to its intersection with the North side of Bell Dixon Road; thence run East along the North side of Bell Dixon Road to its intersection with the East Decatur County line; thence run North along the East Decatur County line to its intersection with the South side of County Line Road and the point of beginning.

COMMISSION DISTRICT NO.3 Commence on theN orth side of U. S. Highway 2 7 Bypass at its intersection with the East side of Flint River and thence run in a Southerly direction along the East side ofU. S. Highway 27 Bypass to its intersection with the West side of South West Street; thence run North along the West side of South West

4642 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Street to its intersection with the North side of College Street; thence run East along the North side of East College Street to its intersection with the West side of Tallahassee Road; thence run North along the West side of Tallahassee Road to its intersection with the North side of U. S. Highway 84B (East Shotwell Street); thence run East along the North side ofU. S. Highway 84B to its intersection with the West side of Pipe Line Road; thence run North along the West side of Pipe Line Road to its intersection with the North side of Old Whigham Road (Martin Luther King, Jr. Drive); thence run East along the North side of Old Whigham Road to its intersection with the West side of Whigham Dairy Road; thence run North along the West side of Whigham Dairy Road to its intersection with the South side of Belcher Lane; thence run West along the South side of Belcher Lane to the East city limits of the City of Bainbridge; thence run North along the East city limits of Bainbridge to the South side of Cumberland Court; thence run East along the South side of Cumberland Court to the Southeast corner of Cumberland Court; thence run North along the East side of Cumberland Court to the Northeast corner; thence run West along the North side of Cumberland Court to the Northwest corner; thence run in a Southwesterly direction along the West side of Cumberland Court to the South side ofF orrest Lane; thence run West along the South side of Forrest Lane to its intersection with the West side of East River Road; thence run in a Northeasterly direction along theW est side ofEast River Road to its intersection with the Big Slough Landing; thence meandering along the Big Slough Landing in a Southwesterly direction to its intersection with the East side of Flint River; thence meandering in a Southwesterly direction along the East side of Flint River to its intersection with the North side of U. S. Highway 27 Bypass and the point of beginning.
COMMISSION DISTRICT NO.4 Commence on the South side of East Shotwell Street at its intersection with the East side ofSouth Scott Street and thence run East along the South side of East Shotwell Street (Thomasville Road) to its intersection with the West side of College Road; thence run South along the West side of College Road to its intersection with the South side of Lake Douglas Road; thence run in an Easterly direction along the South side of Lake Douglas Road to a point where Alday Road intersects the North right-of-way line of Lake Douglas Road; thence run North along the East side of Alday Road to a point of intersection on the North by Carrie Bell Drive; thence run in a Northeasterly direction along the South side of Alday Road to a curve to the East; thence run East along the South side of Alday Road to a curve to the South; thence run South along theW est side ofAlday Road to a curve to the East; thence run East along the South side of Alday Road to a curve to the South; thence run South along the West side of Alday Road to its intersection with the South side of Lake Douglas Road; thence run in a Southeasterly direction along the West side of Lake Douglas Road to its intersection with the North side of Woodhull Road;

GEORGIA LAWS 2006 SESSION

4643

thence run West and South along the North and West side of Woodhull Road to its intersection with the Georgia Power Company transmission line right-of-way; thence run in a Southwesterly direction along the Georgia Power Company transmission line right-of-way to the East side of the Seaboard Coastline Railroad right-of-way; thence run in a Northwesterly direction along the East side of the Seaboard Coastline Railroad right-of-way to the South city limits of the City of Bainbridge; thence run West along the South city limits of the City ofBainbridge to the East side ofFowlstown Road (South West Street); thence run North along the East side of Fowlstown Road to the South side of East College Street; thence run East along the South side of East College Street to its intersection with the East side of Tallahassee Road; thence run North along the East side of Tallahassee Road to the South side of Shotwell Street and the point of beginning.

COMMISSION DISTRICT NO.5 Commence on theW est side of State Route No. 302 at its intersection with the Florida State Line and thence run North along the West side of State Route No. 302 to its intersection with the West side of State Route No. 97; thence run North along the West side of State Route No. 97 to its intersection with the South side of a line extended Easterly from the beginning ofDry Creek; thence meandering along the South side of Dry Creek in a Southwesterly direction to its intersection with Flint River; thence run across Flint River to the West bank; thence meandering along the West side of Flint River in a Northerly direction to a point where Four Mile Creek intersects the East side of Flint River; thence run East across Flint River to its intersection with the North side of Four Mile Creek; thence run in a Northeasterly direction along Four Mile Creek to its intersection with the North side of Hand Road; thence run East along the North side of Hand Road to its intersection with the West side of State Route 97; thence run North along theW est side of State Route 97 to a point opposite the North side of Country Club Road; thence run East across State Route 97 and along the North side of Country Club Road to its intersection with the East side of Fowlstown Road; thence run South along the East side of Fowlstown Road to its intersection with Four Mile Creek; thence meandering along Four Mile Creek in a Southeasterly direction to its intersection with the West side of the Seaboard Coastline Railroad right-of-way; thence run in a Northwesterly direction along the-W est side of the Seaboard Coastline Railroad right-of-way to its intersection with the South city limits of the City of Bainbridge; thence run East along the South city limits of the City of Bainbridge to its intersection with the West side of Fowlstown Road; thence run North along the West side of Fowlstown Road (South West Street) to its intersection with the South side ofU. S. Highway 27 Bypass; thence run in a Northeasterly direction along the South side ofU. S. Highway 27 Bypass to its intersection with the West bank of Flint River; thence meandering along the West bank of Flint River in a Southwesterly direction to its intersection with the West side of Airport Road;

4644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thence run North along theW est side of Airport Road to its intersection with the South side of Spring Creek Road; thence run in a Southwesterly direction along the East side of Spring Creek Road to the West city limits of the City of Bainbridge; thence run North along the West city limits of the City of Bainbridge to its intersection with the South side of Dothan Road; thence run in a Northwesterly direction along the South side of Dothan Road to its intersection with the East side of John Sam Road; thence run South along the East side ofJohn Sam Road to its intersection with the South side ofJohn Rich Road; thence run West along the South side of John Rich Road to the East intersection of Yates Spring Road; thence run South along the East side of Yates Spring Road to its intersection with the South side of the Smith Landing Road; thence run West along the South side of Smith Landing Road and aero ss Spring Creek to its intersection with the West Decatur County Line; thence run South along the West Decatur County Line to its intersection with the Florida State Line; thence run East along the Florida State Line to the West side of State Route 302 and the point of beginning.
COMMISSION DISTRICT NO.6 Commence on the West side of the Flint River at its intersection with the North line of Decatur County and thence Meandering along the West side of Flint River to its intersection with the East side of Airport Road; thence run North along the East side of Airport Road to its intersection with the North right-of-way of State Route No. 253 (Spring Creek Road); thence run in a Southwesterly direction along the North side of State Route 25 3 to the city limits of the City ofBainbridge; thence run North and East along the city limits of Bainbridge to its intersection with the North side of Dothan Road; thence run in a Northwesterly direction along the North side of Dothan Road to the North side of Cooler Road; thence run South across Dothan Road to the West side of John Sam Road; thence run South along the West side of John Sam Road to the North side of John Rich Road; thence run West along theN orth side ofJohn Rich Road to Yates Spring Road; thence run South along the West side of Yates Spring Road to its intersection with the North side of Smith Landing Road; thence run West along the Smith Landing Road across Spring Creek to its intersection with the West Decatur County Line; thence run North along the West Decatur County Line to its intersection with the North Decatur County Line; thence run East along the North Decatur County Line to its intersection with the West side of Flint River and the point of beginning. (b) Any part of Decatur County which is not included in any commission district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Decatur County which is described as being in a particular commission district shall nevertheless not be included within such commission district if such part is not contiguous to such district. Such noncontiguous part shall instead be

GEORGIA LAWS 2006 SESSION

4645

included within that commission 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 commission district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia.

SECTION 2. All members of the board of commissioners shall not be less than 21 years of age and shall be qualified electors of Decatur County. Each of the commissioners shall have been a resident of his or her respective commission district for at least 18 months prior to the date of taking office. In the event that any member ceases to be a resident of his or her respective commission district during his or her term of office, a vacancy shall be created and shall be filled in the manner hereinafter provided. Each of the members shall be elected by the qualified voters of Decatur County residing within his or her respective commission district. In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which he or she offers as a candidate. To be elected as a member of the board, a candidate must receive the highest number of votes cast for the seat he or she is seeking; and, at the same time, a candidate must receive a majority of the total votes cast for the election of a commissioner to that seat. In the event no candidate for a particular seat receives a majority of the votes for the seat he or she is seeking, a run-off election shall be conducted for that particular seat. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended.

Reserved.

SECTION 3.

SECTION 4. (a) The present members of the board of commissioners of Decatur County and any successors filling vacancies created by such members prior to the expiration of their terms of office shall continue to serve out the terms of office for which they were elected and until their successors are elected and qualified as provided in this section. (b) The members from Commission Districts No. Two, Three, and Five shall be those elected at the general election of2004 and quadrennially thereafter and they shall take office on January 1 next following their election for terms of four years and until their successors are elected and qualified. (c) The members from Commission Districts No. One, Four, and Six shall be elected at the general election of2006 and quadrennially thereafter and shall take

4646 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
office on January 1 next following their election for terms of four years and until their successors are elected and qualified. (d) Successors to the members elected pursuant to this section shall be elected at the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January following their election for terms of four years and until their successors are elected and qualified. (e) Any vacancy which occurs on the board of commissioners by death, resignation, removal from the commission district, or for any other reason shall be filled by the remaining members of the board electing a successor to serve until a successor is elected at the next general election to serve for the unexpired term or for a full term, as the case may be. Persons elected or appointed to fill the vacancies as provided by this subsection shall be subject to the same qualifications as required of other regular elected members of the board of commissioners.
SECTION 5. Each member of said board, before entering upon his or her duties, shall take an oath before the probate judge or the clerk of superior court to faithfully and honestly discharge all the duties of such commissioner according to the laws and Constitution of the State of Georgia, which oath shall be subscribed by the member and recorded upon the minutes of said board.
SECTION 6. (a) All members of the board shall have the same authority and privileges except the chairperson of the board shall not vote on any matter except as provided in this section. (b) The chairperson shall not vote on any matter coming before the commission except when there is a tie vote of the commissioners voting on any particular matter or when there are four or fewer members present. (c) A majority of the members of the board shall constitute a quorum for the transaction of all business which may come before it. A majority vote of the members present and voting on any matter shall be required for the commission to act affirmatively or negatively on the matter.
SECTION 7. (a) At the first board meeting in January, 2007, and at the first meeting each year thereafter, the board of commissioners shall elect one of its members as chairperson and select one of its members as vice chairperson. (b) The chairperson shall serve a term of one year, unless he or she resigns or is removed from the position of chairperson. (c) The vice chairperson shall serve a term of one year, unless he or she resigns or is removed from the position of vice chairperson.

GEORGIA LAWS 2006 SESSION

4647

(d) It shall be the duty of the chairperson to act as presiding officer at all meetings of the board of commissioners, and he or she shall serve as ceremonial head of the county government. It shall be the duty of the chairperson to represent the board of commissioners in executing and carrying out any matter approved by the board. (e) In the event of the absence, disability, or recusal of the chairperson, the vice chairperson shall temporarily assume the duties of the chairperson. (f) In the event that the chairperson or vice chairperson position becomes vacant during the course of a year, the position is to be filled in the same manner as it would be at the first meeting of each year. The replacement member shall serve only until the end of the term. (g) In the event that the position of chairperson becomes vacant before the end of a year, the vice chairperson shall serve as acting chairperson until the board elects a new chairperson to complete the term. (h) In the event that positions of chairperson and vice chairperson become vacant at the same time, the member with the greatest length of service on the board shall serve as acting chairperson and the member with the second greatest length of service on the board shall serve as acting vice chairperson until the board elects a new chairperson and selects a new vice chairperson.

SECTION 8. Each member of the board of commissioners shall be compensated from the funds of Decatur County. The compensation for the chairperson, the vice chairperson, and the remaining members of the board shall be fixed by the governing authority of Decatur County, as authorized by law.

SECTION 9. The board ofcommissioners shall be authorized to employ a county administrator for the purpose of carrying out any of their powers and duties in the management and controlling of the affairs of the county. The county administrator shall perform such duties and responsibilities as determined by the board of commissioners. The county administrator shall be compensated out of county funds in an amount set by the board of commissioners.

SECTION 10. The board of commissioners shall be authorized to elect and appoint a county clerk, and said clerk shall take the same oath in the same manner as its members have. The clerk's duties shall be prescribed by the board of commissioners and his or her term of office shall be designated by the board of commissioners. The county clerk shall be compensated out of county funds in an amount set by the board of commissioners.

Reserved.

SECTION 11.

4648 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 12. The board ofcommissioners may appoint and employ a competent attorney to act as attorney for said county, whose term of office may be fixed by the board of commissioners, and the board of commissioners shall pay for such legal services such compensation as the board in its discretion may deem reasonable.
SECTION 13. The board of commissioners shall be authorized to designate the county administrator or any other county employee as the purchasing agent for the board of commissioners. The person designated as purchasing agent shall perform his or her responsibilities in accord with the purchasing policy of the county.
SECTION 14. The board of commissioners shall have, and they are hereby vested with, exclusive jurisdiction over the following matters: in directing and controlling all of the property of the county as they may deem expedient according to law; in levying taxes according to law; in establishing, altering, or abolishing and changing elections, precincts, and militia districts; in supplying by appointment all vacancies in county offices and in ordering elections to fill them; in examining, settling, and allowing all claims against the county; in examining and auditing the accounts of all officers having the care, management, keeping, collection, or disbursement of money belonging to the county or appropriated for its use and benefit and bringing them to a settlement; in supervising the tax commissioner's books and allowing the insolvent list for said county, according to law in the settlement; and especially are they charged with the authority to examine and audit the books of the county treasurer, the tax commissioner, the sheriff, and all other officers of the county through whose hands may pass funds. This may be done by the commissioners or their clerk or designated auditor, and they may require from such officers such report as may be necessary to keep the board of commissioners fully informed at all times of the financial condition of the county; in controlling, caring for, and managing the inmates of the county according to law; in making such rules, regulations, and provisions for the support of the poor of the county; in preserving and promoting public health of the county with authority to quarantine against contagious diseases and epidemics as provided by law; in levying and collecting taxes and trying all defaulters according to law; to sit at any time as a court for county purposes; to appoint any person or persons to discharge any duty and trust authorized by their powers, when no other person or persons are designated by law, and to regulate his or her or their compensation in their discretion; to concur in the approval with the probate court of the county of all official bonds now or formerly required to be approved by the ordinary or probate court by law; and generally to exercise ail of the powers which are by the Constitution and laws of Georgia vested in the Probate Judge when sitting for county purposes, and to exercise such other powers as are granted by law or as may be necessary to their jurisdiction over

GEORGIA LAWS 2006 SESSION

4649

county matters or county finances, including all powers not contrary with this Act, which have been heretofore exercised by the Board of Commissioners of Roads and Revenues of Decatur County under the Acts approved Aug. 15th, 1904, and under all Acts amendatory thereof; in selecting and appointing all subsidiary officers and employees of the county whose election and appointment are not otherwise provided for by law, such as superintendents and guards of inmates, county physicians, health officer, county farm agent, janitor of the courthouse, and other employees or officials as may be required or authorized by law. The board shall have entire management and control of the inmates of the county sentenced to work upon the roads and public works of the county so long as the county maintains a correctional institute and all inmates of the state assigned to work in the county by the proper authorities of the state and shall so employ them according to law and under such plans of working, building, repairing, and maintaining the public roads, bridges, and public works of the county, as now provided by law in said county.

SECTION 15. The board of commissioners may receive contributions to the building or improvement of the public buildings, bridges, and property of the county from any person or persons, and such contributions received shall be used for the improvement of the roads and bridges or other county property.

SECTION 16. Whenever practical and in the discretion of the board of commissioners, all supplies, equipment, and materials used by the county shall be purchased after notice and competitive bids received by the board, and whenever the board deems it advisable or necessary in their discretion that any property of the county be sold, the board shall sell same after due advertisement in the official organ of the county, at public outcry to the highest bidder for cash, before the courthouse door, all pursuant to the county purchasing policies.

SECTION 17. The board of commissioners has the right to summon witnesses to appear before the board sitting as a court for county purposes, and to punish any and every person for contempt as the judges of the superior courts of this state now have."

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 2006 session of the General Assembly of Georgia a bill to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630),

4650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as amended, so as to restate and revise the provisions of said Act; to provide for a comprehensive restatement; to change provisions relating to the chairperson and vice chairperson of the board and their selection, service, and powers and duties; to change provisions relating to meetings, a quorum, and voting; to modernize certain provisions and language and omit certain obsolete provisions; to provide for other related matters; to repeal conflicting laws; and for other purposes.
This 6th day of March, 2006.
Senator John Bulloch II th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Bulloch, who on oath deposes and says that he is the Senator from District II and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Bainbridge Post-Searchlight which is the official organ of Decatur County on March 8, 2006, and that the notice requirements of Code Section 28-l-14 have been met.
sf JOHN BULLOCH John Bulloch Senator, District II
Sworn to and subscribed before me, this 13th day of March 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 5, 2006.

GEORGIA LAWS 2006 SESSION

4651

CAMDEN COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; BASE YEAR; REFERENDUM.

No. 924 (Senate Bill No. 497).

AN ACT

To provide for a homestead exemption from Camden County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; 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 Camden County School District, including, but not limited to, any ad valorem taxes to pay interest on and to retire school bond indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., 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)(l) Each resident of the Camden County School District is granted an exemption on that person's homestead from all Camden County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.

4652 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) The child or unremarried surviving spouse ofthe deceased individual who has been granted the exemption provided for in paragraph ( 1) of this subsection shall continue to receive the exemption provided under paragraph (1) of this subsection, so long as that child or unremarried surviving spouse occupies the home as a residence and homestead. (c) Any person who, as of December 31, 2006, has applied for and is eligible to receive the $2,000.00 state-wide homestead exemption granted under Code Section 48-5-44 ofthe O.C.G.A., as amended, shall be eligible automatically for the exemption granted by this Act without applying therefor. Otherwise, a person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Camden 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. The tax commissioner of Camden 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. The exemption shall be automatically renewed from year to year as long as the owner occupies the home as a residence and homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty ofany person granted the homestead exemption under subsection (b) ofthis 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. (e) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county 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 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, 2007.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Camden County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Camden County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately

GEORGIA LAWS 2006 SESSION

4653

preceding the date thereof in the official organ of Camden County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption from Camden County School District ad valorem taxes for
NO ( ) educational purposes in an amount equal to the amount by which the assessed value of that homestead for the current year exceeds the base year assessed value of that homestead and which allows a child or unremarried surviving spouse ofa deceased individual to continue to receive such exemption?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2007. 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 Camden 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 206 session of the general Assembly of Georgia a bill to provide for a homestead exemption from Camden County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to allow such exemptions to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum effective dates and automatic repeal; and for other purposes.
This 6th day of January, 2006
Senator Jeff Chapman 3rd District

4654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Chapman, who on oath deposes and says that he is the Senator from District 3 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Tribune & Georgian which is the official organ of Camden County on January 13, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JEFF CHAPMAN Jeff Chapman Senator, District 3
Sworn to and subscribed before me, this 31st day of January, 2006.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 5, 2006.
CLAYTON COUNTY- STATE COURT; JUDGES; SOLICITOR-GENERAL; COMPENSATION.
No. 926 (Senate Bill No. 677).
AN ACT
To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4138), and an Act approved April 16, 1999 (Ga. L. 1999, p. 4665), so as to provide for the salaries of the judges of the state court; to provide for the salary of the solicitor-general ofthe state court; to provide for a county supplement; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2006 SESSION

4655

SECTION 1. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4138), and an Act approved April16, 1999 (Ga. L. 1999, p. 4665), is amended by striking Section 3 and inserting in lieu thereof the following:

'SECTION 3. Judges' salaries.

Each judge of the State Court of Clayton County shall receive a salary in the amount of $134,018.00, plus 1 1/2 percent of such base salary and any supplement received pursuant to state law or county ordinance multiplied by the number of complete years of service as judge served by such person since January 1, 2006. Such longevity increase shall be calculated and payable in equal monthly installments by the board of commissioners out of the general funds of Clayton County. The governing authority of Clayton County shall be authorized to supplement such salary.'

SECTION 2. Said Act is further amended by striking in its entirety Section 6 and inserting in lieu thereof the following:

'SECTION 6. Salary of the solicitor-general.

The solicitor-general of the State Court of Clayton County shall receive a salary in the amount of $94,444.00, plus 1 1/2 percent of such base salary and any supplement received pursuant to state law or county ordinance multiplied by the number of complete years of service as solicitor-general served by such person since January 1, 2005. Such longevity increase shall be calculated and payable in equal monthly installments by the board of commissioners out ofthe general funds of Clayton County.'

SECTION 3. This Act shall become effective on July 1, 2006.

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 2006 Session of the General Assembly of Georgia a bill to amend an Act creating the State Court of

4656 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended; and for other purposes.
This 1Oth day of March, 2006.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Valencia Seay, who on oath deposes and says that she is the Senator from District 34 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in theN ews Daily which is the official organ of Clayton County on March 10, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
sf VALENCIA SEAY Valencia Seay Senator, District 34
Sworn to and subscribed before me, this lOth day of March 2006.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
CLAYTON COUNTY- SHERIFF; COMPENSATION.
No. 927 (Senate Bill No. 676).
AN ACT
To amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April13, 2001 (Ga. L. 2001,p. 4342), so as to change the provisions relating to the compensation of the sheriff; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2006 SESSION

4657

SECTION 1. An Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 191 0), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4342), is amended by striking subsection (b) of Section 1 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
'(b) The sheriff of Clayton County shall receive a total annual salary of $94,651.00 including any supplements and additional compensation for services which are paid pursuant to state law or county ordinance, which are being received on March 15, 2006, and which are paid from the funds of Clayton County. This shall not prohibit the governing authority of Clayton County from increasing the amount of any supplement or compensation for additional duties which the governing authority may lawfully pay to the sheriff on or after July 1, 2006.'

SECTION 2. This Act shall become effective on July 1, 2006.

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 2006 Session of the General Assembly of Georgia a bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 191 0), as amended; and for other purposes.
This 1Oth day of March, 2006.
Clayton County Delegation
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Valencia Seay, who on oath deposes and says that she is the Senator from District 34 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in theN ews Daily which is the official organ of Clayton County on March 10, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ VALENCIA SEAY Valencia Seay Senator, District 34

4658 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 1Oth day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
CLAYTON COUNTY- CLERK OF SUPERIOR COURT; COMPENSATION.
No. 928 (Senate Bill No. 674).
AN ACT
To amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 191 0), as amended, particularly by an Act approved Aprill3, 2001 (Ga. L. 2001, p. 433 5), so as to increase the salary of the clerk of the Superior Court of Clayton County; 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 placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved Aprill3, 2001 (Ga. L. 2001, p. 4335), is amended by striking in its entirety paragraph ( 1) of subsection (c) of Section 1 and inserting in lieu thereof the following:
'(1) The clerk of the Superior Court of Clayton County shall receive a total annual salary of $92,775.00 including any supplements and additional compensation for services in other courts which are paid pursuant to state law or county ordinance, which are being received on March 15, 2006, and which are paid from the funds of Clayton County. This shall not prohibit the governing authority of Clayton County from increasing the amount of any supplement or compensation for additional duties which the governing authority may lawfully pay to the clerk on or after July 1, 2006.'
SECTION 2. This Act shall become effective on July 1, 2006.

GEORGIA LAWS 2006 SESSION
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

4659

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the Regular 2006 Session of the General Assembly of Georgia a bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended; and for other purposes.
This 1Oth day of March, 2006.
Clayton County Delegation
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Valencia Seay, who on oath deposes and says that she is the Senator from District 34 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in theN ews Daily which is the official organ of Clayton County on March 10, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ VALENCIA SEAY Valencia Seay Senator, District 34
Sworn to and subscribed before me, this 1Oth day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

4660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF HARTWELL- CITY OF HARTWELL RECREATION AUTHORITY; POWERS REGARDING REAL PROPERTY.
No. 929 (House Bill No. 1207).
AN ACT
To amend the "City of Hartwell Recreation Authority Act," approved April4, 1996 (Ga. L. 1996, p. 3998), so as to authorize the Hartwell Recreation Authority to lease, sell, transfer, or otherwise dispose of real or tangible personal property owned by the authority; to provide for the disposition of proceeds resulting from the transfer of ownership interests of such property; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The "City of Hartwell Recreation Authority Act," approved April 4, 1996 (Ga. L. 1996, p. 3998), is amended by adding immediately after Section 4 a new Section 4A to read as follows:
'SECTION 4A. Power to dispose of real and tangible personal property.
(a) The authority shall have the power to sell, transfer, exchange, lease, and otherwise dispose ofall or any part or parcel of real or tangible personal property owned or hereafter acquired by the authority. Disposition of such property may be by public or private sale and upon such terms and conditions as the authority shall determine appropriate. (b) The proceeds from any sale, transfer, exchange, lease, or other disposition of real or tangible personal property may be:
( 1) Held by the authority and invested in the same manner as funds of the City of Hartwell are authorized to be invested; (2) Expended for and in furtherance of the authority's corporate, administrative, or public purposes as set forth in this Act, including projects involving the promotion of recreational activities, tourism, and economic development within the City of Hartwell and Hart County, Georgia; or (3) Transferred, permanently or temporarily, to the City of Hartwell for its use in the furtherance of the city's public and corporate purposes. (c) The powers provided by this section are cumulative and in addition to other powers of the authority which may reasonably be inferred from the provisions of this Act, the enabling Act, or any other law. This section shall be liberally construed to effect the described purposes, and, in interpreting this section, the courts shall not apply 'Dillon s Rule."

GEORGIA LAWS 2006 SESSION

4661

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 2006 Session of the General Assembly of Georgia a Bill to amend an Act creating the City of Hartwell Recreation Authority; (Ga. L. 1996, Vol. II, p. 3998), to further defme the powers of the City of Hartwell Recreation Authority; and for other purposes.
This lOth day of January, 2006.
MIKE STUCKEY Chairman, City of Hartwell Recreation Authority
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 29 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County on January 26, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
sf ALAN POWELL Alan Powell Representative, District 29
Sworn to and subscribed before me, this 1st day of February, 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.

4662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CLAYTON COUNTY- JUDGE OF PROBATE COURT; COMPENSATION.
No. 930 (Senate Bill No. 668).
AN ACT
To amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4331), so as to change the compensation of the judge of the probate court; 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 placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 200 1, p. 4331 ), is amended by striking Section 1 thereof and inserting in its place a new section to read as follows:
'SECTION 1. The salary provided in this section for the judge of the probate court shall be his or her full and complete compensation; and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, for which said judge is entitled heretofore and which he or she earns or receives by reason of being the probate judge whether under color of the office of probate judge or not shall henceforth be county funds and accountable as such in the same manner as other county funds received by said judge of the probate court. The judge of the probate court shall receive an annual salary of $111,123.00 payable in equal monthly installments from county funds. Such amount may be increased by cost-of-living adjustments, to be paid in equal monthly installments from the funds of Clayton County. In addition, said judge shall also receive those fees authorized to be retained under Code Section 15-9-68 of the O.C.G.A., regarding vital records fees, as limited by any resolution of the governing authority of
Clayton County pursuant to Code Section 15-9-68 of the O.C.G .A:
SECTION 2. This Act shall become effective on July 1, 2006.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

GEORGIA LAWS 2006 SESSION

4663

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the Regular 2006 Session of the General Assembly of Georgia a bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended; and for other purposes.

This lOth day of March, 2006.

Clayton County Delegation

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Valencia Seay, who on oath deposes and says that she is the Senator from District 34 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in theN ews Daily which is the official organ of Clayton County on March l 0, 2006, and that the notice requirements of Code Section 28-l-14 have been met.

s/ VALENCIA SEAY Valencia Seay Senator, District 34

Sworn to and subscribed before me, this lOth day of March 2006.

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

Approved May 5, 2006.

CLAYTON JUDICIAL CIRCUIT- JUVENILE COURT; JUDGE; COMPENSATION.
No. 931 (Senate Bill No. 669).
AN ACT
To make provisions related to the compensation of the judge of the juvenile court of the Clayton Judicial Circuit; to provide for the compensation of the judge from

4664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
state funds and from funds of Clayton County; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The juvenile court judge of the Clayton Judicial Circuit shall be compensated as provided in this Act. The judge shall receive a base salary equal to the amount of state funds granted to the Clayton Judicial Circuit for such purpose under Code Section 15-11-18 of the O.C.G .A. In addition to such base salary, the judge shall receive from Clayton County a supplement. The sum of the base salary and the supplement from Clayton County shall be $134,018.00.
SECTION 2. This Act shall become effective on July I, 2006.
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 2006 Session of the General Assembly of Georgia a bill to make provisions related to the compensation of the judge of the juvenile court of the Clayton Judicial Circuit; to provide for the compensation of the judge from state funds and from funds of Clayton County; to provide an effective date; and for other purposes.
This 1Oth day of March, 2006.
Clayton County Delegation
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Valencia Seay, who on oath deposes and says that she is the Senator from District 34 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in theN ews Daily which is the official organ of Clayton County on March I 0, 2006, and that the notice requirements of Code Section 28-l-14 have been met.
s/ VALENCIA SEAY Valencia Seay Senator, District 34

GEORGIA LAWS 2006 SESSION
Sworn to and subscribed before me, this 1Oth day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25,2007 (SEAL)
Approved May 5, 2006.

4665

CLAYTON COUNTY- BOARD OF EDUCATION; COMPENSATION.
No. 932 (Senate Bill No. 671).
AN ACT
To amend an Act changing the composition and manner of selection of the Board of Education of Clayton County, approved Aprill2, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved Apri19, 1999 (Ga. L. 1999, p. 4130), so as to change the compensation of the chairperson and members of such 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 changing the composition and manner of selection of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431 ), as amended, particularly by an Act approved Apri19, 1999 (Ga. L. 1999, p. 4130), is amended by striking in its entirety Section 2 and inserting in lieu thereof the following:
'SECTION 2. The chairperson of the board of education shall receive $1,200.00 per month for attending meetings of the board, and each of the remaining members shall receive $1,000.00 per month for attending meetings of the board. Such compensation shall be paid from funds of the board of education.'
SECTION 2. This Act shall become effective on July 1, 2006.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

4666 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 2006 session of the General assembly of Georgia a bill to amend an Act changing the composition and manner of selection of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, 4431 ), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4130), so as to change the compensation of the chairperson and members of such board; to provide an effective date; and for other purposes.
This 1Oth day of March, 2006.
Senator Valencia Seay
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Valencia Seay, who on oath deposes and says that she is the Senator from District 34 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in theN ews Daily which is the official organ of Clayton County on March 10, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ VALENCIA SEAY Valencia Seay Senator, District 34
Sworn to and subscribed before me, this 1Oth day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

GEORGIA LAWS 2006 SESSION

4667

CLAYTON COUNTY- TAX COMMISSIONER; COMPENSATION.

No. 933 (Senate Bill No. 672).

AN ACT

To amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4338), so as to change the provisions relating to the salary of the tax commissioner; 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 consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4338), is amended by striking paragraph (1) of subsection (b) of Section 7 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
'(1) The tax commissioner of Clayton County shall receive an annual salary of$90,322 .00 including any supplements and additional compensation for any additional services or duties which are paid pursuant to any state law or county ordinance, which are being received on March 15, 2006, and which are paid from the funds of Clayton County. This shall not prohibit the governing authority of Clayton County from increasing the amount of any supplement or compensation for additional duties which the governing authority may lawfully pay to the tax commissioner on or after July l, 2006.'

SECTION 2. This Act shall become effective on July 1, 2006.

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 2006 Session of the general Assembly of Georgia a bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended; and for other purposes.

4668 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 1Oth day of March, 2006
Clayton County Delegation
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Valencia Seay, who on oath deposes and says that she is the Senator from District 34 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in theN ews Daily which is the official organ of Clayton County on March 10, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ VALENCIA SEAY Valencia Seay Senator, District 34
Sworn to and subscribed before me, this 1Oth day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.
SOUTHWEST GEORGIA TECHNOLOGY AUTHORITY-CREATION.
No. 935 (House Bill No. 1161).
AN ACT
To create the Southwest Georgia Technology Authority, so as to provide for communication systems projects in Clay, Quitman, Randolph, and Stewart counties; to provide for a short title; to provide for definitions; to provide for membership; to provide for a governing board and its terms, organization, vacancies, and meetings; to provide for the powers and duties of the authority; to provide for services, procurement, and bonding; to provide for revenue bonds and their form, interest rates, denominations, payment, signatures, negotiability, exemption from taxation, sale, proceeds, interim bonds, and replacement; to provide for conditions for issuance of bonds and that they will not constitute certain debts; to provide for

GEORGIA LAWS 2006 SESSION

4669

trust indentures, sinking fund, and payment of proceeds; to provide for bondholder remedies and interests, refunding bonds, venue and jurisdiction, and bond validation; to provide for trust funds, charges, rules and regulations, and other reports; to provide for tax exemptions; to provide for supplemental powers, liberal construction, and powers of other governmental entities; to provide for tort immunity; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Southwest Georgia Technology Authority Act."

SECTION 2. (a) As used in this Act, the term:
( 1) "Authority" shall mean the Southwest Georgia Technology Authority created by Section 3 of this Act. (2) "Cost of the project" means the cost of planning, design, and construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all buildings, machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion ofconstruction, cost ofcompliance with environmental regulations and environmental protection, cost of engineering, architectural, fiscal, and legal expenses, cost of plans and specifications, and other costs necessary or incident to determining the feasibility or practicability of any project, administrative costs, and such other costs as may be necessary or incident to the financing authorized in this Act, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or cost incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds, certificates, or other obligations issued under the provisions of this Act for such project. (3) "Project" means and includes the planning, design, acquisition, construction, and equipping of communication cables, sleeves, and systems for the distribution and sale of communication services to private and public users and consumers, including but not limited to broadband, Internet, cable television, and associated services to the state, counties, and municipalities, within the territorial boundaries of Clay, Quitman, Randolph, and Stewart counties, and additions and improvements to and extensions of such facilities and the operation and maintenance of same. (4) "Public authority" means any entity which is created by the laws of the State of Georgia, which is designated as an authority, and which provides services or facilities to the public.

4670 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) "Revenue bonds" and "bonds" shall mean revenue bonds, certificates, and other obligations of the authority, as defined and provided for in Article 3 of Chapter 82 of Title 36 ofthe O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said article. In addition, such terms shall also mean obligations of the authority, the issuance of which is specifically provided for in this Act. (6) "State" means the State of Georgia. (b) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects.
SECTION 3. (a) There is created a body corporate and politic, to be known as the Southwest Georgia Technology Authority, which shall 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, bring and defend actions, sue and be sued, implead and be impleaded, and complain and defend in all courts. The authority shall make rules and regulations for its own government and shall have perpetual existence. (b) The authority shall consist of nine mem hers as follows:
(I) Two residents of Clay County appointed by the governing authority of Clay County; (2) Two residents of Quitman County appointed by the governing authority of Quitman County; (3) Two residents of Randolph County appointed by the governing authority of Randolph County; (4) Two residents of Stewart County appointed by the governing authority of Stewart County; and (5) One appointed by the other members of the authority. Each member shall serve for a four-year term and until a successor is appointed and qualified, except for the members initially appointed as provided by this Act. The initial members appointed under paragraphs (I), (3 ), and ( 5) ofthis subsection shall serve for terms of four years each and until their successors are appointed and qualified. The initial members appointed under paragraphs (2) and (4) of this subsection shall serve for terms of two years each and until their successors are appointed and qualified. (c) Any member of the authority may be selected and appointed to succeed himself or herself. Immediately after such appointments and ratification, the members of the authority shall enter upon their duties. Any vacancy on the authority shall be filled by appointment by the entity originally appointing the member whose termination of membership resulted in such vacancy, and the person so appointed and ratified shall serve for the remainder of the unexpired term. The authority shall elect one of its members as chairperson and another as vice chairperson. The

GEORGIA LAWS 2006 SESSION

4671

authority shall also elect a secretary and a treasurer or a secretary-treasurer, each of which does not necessarily have to be a member of the authority; and if not a member he or she shall have no voting rights. Each member of the authority shall be reimbursed for all actual expenses incurred in the performance of his or her duties. (d) Five members of the authority shall constitute a quorum, and any action may be taken by the authority upon the affirmative vote of a majority of a quorum ofthe members; provided, however, that the approval for the matters set forth in subsection (e) of this section shall require the affirmative vote of at least five members of the authority. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. (e) The matters requiring five affirmative votes for approval are as follows:
(1) Amending the bylaws of the authority; (2) The purchase, sale, lease, exchange, or other disposition of real property; (3) Issuance ofrevenue obligations or revenue bonds; or (4) Authorization of projects or undertakings as those terms are defined herein and in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."

SECTION 4. The authority is authorized:
(1) To have a seal and alter the seal at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, rights, or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or to dispose of the same in any manner deemed by the board to be to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided to the authority under this Act; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on any lands the title to which shall then be in Clay, Quitman, Randolph, or Stewart County or in any municipality incorporated in any such county, the governing authority or body of such county

4672 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or of any of such municipality is hereby authorized to convey title to such lands to the authority upon payment for the credit of the general funds of such county or municipality the reasonable value of such lands. The authority shall have the nonexclusive right, easement, and franchise of laying communication cables along the highways in Clay, Quitman, Randolph, or Stewart County, or in the corporate limits of any municipality incorporated in any such county, without cost; provided, however, that the authority shall repair all damage done by the authority by reason thereof; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, construction, and experts, fiscal agents, attorneys, and other professionals and fix their respective compensation; (5) To make contracts and leases and to execute all instruments necessary or convenient to carry out the purposes of this Act, including contracts for construction of projects and leases ofprojects or contracts with respect to the use ofprojects which it causes to be constructed or acquired, and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facilities by the authority to such municipal corporations, counties, political subdivisions, corporations, or individuals for a term not exceeding 50 years; (6) To plan, design, construct, erect, acquire, own, lease, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in paragraph (3) of subsection (a) of Section 2 of this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority, from revenues available from contracting for services, or from such proceeds and any grant from the United States of America, the State of Georgia, or any agency or instrumentality thereof; provided, however, that in delivering cable service the authority shall comply with applicable provisions ofChapter 90 of Title 36 of the O.C.G .A., the "Local Government Cable Fair Competition Act of1999"; (7) To accept loans and grants ofmoney, materials, or property of any kind from the United States of America, the State of Georgia, or any political subdivision, agency, or instrumentality thereof upon such terms and conditions as the United States of America, the State of Georgia, or such political subdivision, agency, or instrumentality may impose; (8) To borrow money for any of its corporate purposes, to issue revenue bonds payable solely from funds pledged for that purpose; and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state;

GEORGIA LAWS 2006 SESSION

4673

(10) To purchase policies of insurance as may be deemed appropriate for its corporate purposes; ( 11) To apply for and accept any and all local, state, or federal permits necessary and convenient for its corporate purposes; (12) To appoint a technical advisory group or such other committees as circumstances might require; and (13) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 5. The authority shall adopt regulations and requirements for the procurement of goods and services as are reasonable and necessary and consistent with requirements of state law.

SECTION 6. The authority shall adopt regulations and requirements to bonds from contractors who are awarded contracts by the authority as are reasonable and necessary and consistent with requirements of state law.

SECTION 7. The authority, or any public authority or body which had or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, is authorized, at one time or from time to time, to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the cost of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in Section 19 of this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates, shall be payable, shall mature at such time or times not to exceed 50 years from their date or dates, shall be payable in such medium of payment as to both principal and interest, and may be made redeemable before maturity, at such price or prices, and under such terms and conditions as may be determined by the authority in the resolution providing for the issuance of the bonds.

SECTION 8. The authority shall determine the form of the bonds and shall fix the interest rates, denomination or denominations of the bonds, and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in bearer or registered form, or both, as the authority may determine, and provision may be made for the registration of any bond as to principal alone or also as to both the principal and interest.

4674 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 9. All revenue bonds shall bear the manual or facsimile signature of the chairperson of the authority and attested by the manual or facsimile signature of the secretary of the authority and the official seal of the authority or a facsimile thereof shall be affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairperson and secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such person as at the actual time of the execution ofsuch bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In the event an officer whose signature appears on any bonds or coupon ceases to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until such delivery.
SECTION 10. All revenue bonds issued under this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. Such bonds and the income thereof shall be exempt from all taxation within this state.
SECTION 11. The authority may sell such bonds in such a manner and for such price as it may determine to be for the best interest of the authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at a greater rate than the interest allowed by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity.
SECTION 12. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may be issued in like manner to provide the amount ofsuch deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same fund without preference or priority of the bonds first issued for the same purpose.
SECTION 13. Prior to the preparation ofdefinitive bonds, the authority may issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the later.

GEORGIA LAWS 2006 SESSION

4675

SECTION 14. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

SECTION 15. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by its board member at any meeting where a quorum is present and voting requirements are met.

SECTION 16. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of this state, or any county or municipality thereof, or any public authority except the authority created by this Act, nor shall such bonds be deemed a pledge of the faith and credit of this state, any county or municipality thereof, or any public authority except the authority created by this Act, but such bonds shall be payable solely from the fund provided for in this Act; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate this state, or any county or municipality thereof, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment of such bonds; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.

SECTION 17. In the discretion of the authority, any issue of such revenue bonds may be secured by a resolution or a trust indenture by and between the authority and a corporate trustee, which may be any foreign or domestic trust company or bank having the powers of a trust company. Such resolution or trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation oflaw, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys and may also provide that any project shall be constructed and paid for under the supervision and approval of registered professional consulting engineers of the State of Georgia or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor and may also

4676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the board. Such resolution or trust indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in resolution or trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such resolution or trust indenture may contain such other provisions as the board may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such resolution or trust indenture may be treated as a part of the cost of maintenance, operation, and repair ofthe project affected by such indenture.
SECTION 18. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment ofthe proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee, custodian, or depository of such funds and shall hold and apply the same to the purposes for which such bonds were issued, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 19. The revenues, fees, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance ofthe bonds or the trust instrument may provide; and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
( 1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest; and (4) Any premium upon bonds retired by call or purchase as provided in this Act. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, except as may otherwise be provided in such resolution or trust indenture. Such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the trust indenture, surplus

GEORGIA LAWS 2006 SESSION

4677

moneys in the sinking fund may be applied to the purchase or redemption of bonds. Any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.

SECTION 20. Any holder of revenue bonds issued under this Act or any coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by the resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

SECTION 21. The authority is authorized to provide by resolution of its board for the issuance of revenue refunding bonds of the authority for the purpose of funding or refunding any revenue bonds issued under this Act and then outstanding, together with accrued interest and premium, if any, thereon. The issuance of such revenue funding or refunding bonds, the maturities, all other details thereof, the rights of the holders, and the duties of the authority with respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

SECTION 22. Any action to protect or enforce any rights under this Act or any suit or action against the authority shall be brought in the Superior Court of Clay, Quitman, Randolph, or Stewart County, Georgia, and any action pertaining to validation of any bonds issued under this Act shall likewise be brought in said court, which shall have exclusive jurisdiction of such actions.

SECTION 23. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." The petition for validation shall also make a party defendant to such action any municipality, county, public authority, subdivision, or instrumentality of the State of Georgia which has contracted with the authority for furnishing or receiving the services and facilities of the project for which bonds are to be issued and sought to be validated, and such municipality, county, public authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired

4678 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
into by the court, the validity of the terms thereof be determined, and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds, when validated, and the judgement of validation, shall be final and conclusive with respect to such bonds against the authority issuing the same and any municipality, county, pub lie authority, subdivision, or instrumentality contracting with the authority.
SECTION 24. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and right of the holders of such bonds, and no other entity, department, agency, or public authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.
SECTION 25. All moneys received by the authority pursuant to this Act, whether as proceeds from the sale of revenue bonds, as grants, or other contributions, or as revenues, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 26. The authority is authorized to prescribe, fix, and collect rates, fees, or charges and to revise from time to time and collect such rates, fees, or charges for the services, facilities, or commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to pay from current revenues and issue revenue bonds as provided in this Act to finance in whole or in part the cost of the project and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments, or extensions subsequently made to the system.
SECTION 27. It shall be the duty of the board to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which communication services and facilities shall be furnished.
SECTION 28. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be

GEORGIA LAWS 2006 SESSION

4679

performing an essential governmental function in the exercise of the powers conferred upon it by this Act. The authority therefore shall be required to pay no taxes or assessment upon any ofthe property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority.

SECTION 29. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for doing the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as being in derogation of any powers now existing.

SECTION 30. This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.

SECTION 31. This Act does not in any way take from Clay, Quitman, Randolph, or Stewart County or any municipality located within any such county the power to own, operate, and maintain communications systems or issue revenue certificates as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."

SECTION 32. The authority shall be immune and exempt from liability for torts and negligence to the same extent as Clay, Quitman, Randolph, and Stewart counties; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall be immune and exempt from liability for torts and negligence to the same extent as employees of such counties.

SECTION 33. 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 2006 session of the General Assembly of Georgia a bill to create Southwest Georgia Technology Authority, so as to provide for communication systems projects in Clay, Quitman, Randolph and Stewart counties; and for other purposes.

This 13th day of January, 2006.

Randolph County Board of Commissioners

4680 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cuthbert Southern Tribune which is the official organ of Clay, Quitman and Randolph counties, on January 19, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
sf GERALD E. GREENE Gerald E. Greene Representative, District 149
Sworn to and subscribed before me, this 23rd day of January, 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2006 session of the General Assembly of Georgia a bill to create the Southwest Georgia Technology Authority, so as to provide for communication systems projects in Clay, Quitman, Randolph, and Stewart counties; and for other purpose.
This 13th day of January, 2006.
Stewart County Board of Commissioners
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Stewart Webster Journal which is the official organ ofStewart County on January 19, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2006 SESSION
sf GERALD E. GREENE Gerald E. Greene Representative, District 149
Sworn to and subscribed before me, this 31st day of January, 2006.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 5, 2006.

4681

MADISON COUNTY- BOARD OF EDUCATION; COMPENSATION.
No. 938 (Senate Bill No. 644).
AN ACT
To provide for the compensation of the members and chairperson of the board of education of Madison County; to provide for procedures relative to such increase in compensation; 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. (a)(l) The chairperson of the board of education of Madison County shall receive a monthly salary in an amount equal to 10 percent of the monthly salary for a Georgia teacher with 0 years of service, salary step E, and a T-4 certificate as set forth in the Official State Salary Schedule for Georgia Educators. (2) Members of the board of education of Madison County other than the chairperson shall receive a monthly salary equal to 8 percent of the monthly salary for a Georgia teacher with 0 years of service, salary step E, and aT -4 certificate as set forth in the Official State Salary Schedule for Georgia Educators. (b) In addition to the salary provided for in subsection (a) of this section, each member of the board shall be compensated for each day of attendance at meetings and functions of the board outside the Madison County School District in the amount of 5 percent of the monthly salary for a Georgia teacher with 0 years of

4682 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
service, salary step E, and aT -4 certificate as set forth in the Official State Salary Schedule for Georgia Educators.
SECTION 2. The chairperson and members of the board of education shall receive the compensation provided in Section 1 o fthis Act only after performing the following procedures: the board of education shall advertise, at least seven days in advance, a public hearing on the subject of the increase in compensation; at such public hearing or another meeting of the board of education after due notice that the increase in compensation will be discussed, the board will receive comments from the public and shall adopt, by majority vote, a resolution setting out the board's request for such increase in compensation. Failure or refusal to follow these procedures in full shall make the changes in compensation set out in this subsection void and of no effect.
SECTION 3. Except as otherwise provided in Section 2 of this Act, 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 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 2006 Session of the General Assembly of Georgia a bill to provide for a method of compensation and reimbursement of the members of the Madison County Board of Education; to provide for other matters relative thereto; and for other purposes.
This 14th day of February 2006.
Mr. Keith Cowne Superintendent of Schools for Madison County Board of Education
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Hudgens, who on oath deposes and says that he is the Senator from District 47 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Madison County Journal which is the official organ of Madison County on February 16, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2006 SESSION
s/ RALPH HUDGENS Ralph Hudgens Senator, District 47
Sworn to and subscribed before me, this 2nd day of March 2006.
sl DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

4683

CLAYTON JUDICIAL CIRCUIT- JUDGES; COMPENSATION.
No. 945 (Senate Bill No. 673).
AN ACT
To amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved April16, 1999 (Ga. L. 1999, p. 4670), so as to increase the county supplement to the state salary of said judges; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved Apri116, 1999 (Ga. L. 1999, p. 4670), is amended by striking Section 1 of said Act and inserting in lieu thereof the following:
'SECTION 1. In addition to the salary payable from state funds, each judge of the superior court ofthe Clayton Judicial Circuit shall receive a supplement of $37,000.00 per annum, payable in equal monthly installments out of the funds of Clayton County. The governing authority of Clayton County is authorized and directed to pay to each such judge the compensation provided for in this section:

4684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. This Act shall become effective on July 1, 2006.
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 2006 Session of the General Assembly of Georgia a bill to amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April! 0, 1969 (Ga. L. 1969, p. 353), as amended; and for other purposes.
This 1Oth day of March, 2006.
Clayton County Delegation
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Valencia Seay, who on oath deposes and says that she is the Senator from District 34 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in theN ews Daily which is the official organ of Clayton County on March I 0, 2006, and that the notice requirements of Code Section 28-1-14 have been met.
s/ VALENCIA SEAY Valencia Seay Senator, District 34
Sworn to and subscribed before me, this lOth day of March 2006.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 5, 2006.

HOME RULE ORDINANCES
OF COUNTIES
AND CONSOLIDATED GOVERNMENTS

GEORGIA LAWS 2006 SESSION

4687

FORSYTH COUNTY- BOARD OF COMMISSIONERS; MEETING DATES.

FORSYTH COUNTY, GEORGIA ORDINANCE NUMBER A RESOLUTION AND ORDINANCE
BY THE BOARD OF COMMISSIONERS
OF FORSYTH COUNTY

A Resolution and Ordinance to amend an Act creating a Board of Commissioners for Forsyth County, Georgia, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 2, 1972 (Ga. Laws 1972, p. 2065), so as to change the regular business meeting date from the second and fourth Monday of each month to the first and third Thursday of each month.
WHEREAS, the Georgia General Assembly approved an Act creating a Board of Commissioners for Forsyth County, Georgia, on June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2225);
WHEREAS, the Georgia General Assembly subsequently approved an amendment to said Act on March 2, 1972 (Ga. Laws 1972, p. 2065), to provide for regular business meeting dates of the Board of Commissioners;
WHEREAS, the Forsyth County Board ofCommissioners has concluded that the change of dates for the regular business meetings of the Board of Commissioners will be in the best interests of the citizens of Forsyth County in light of the growth and increasing challenges placed upon Forsyth County Government;
WHEREAS, the Georgia Constitution, Article IX, Sec. II, Par. I, entitled "Home Rule for Counties," authorizes amendments to local acts of the General Assembly by a resolution or ordinance duly adopted by the county governing authority under certain conditions after due notice has been published in the official organ of the county; and upon satisfaction and compliance with additional conditions and requirements as set forth in the Georgia Constitution;
WHEREAS, those requirements applicable to amendments to local acts of the General Assembly by a resolution or ordinance duly adopted by the county governing authority as set forth in the Georgia Constitution, Article IX, Sec. II, Par. I(b)(l) having been met and satisfied; and
WHEREAS, the Forsyth County Board of Commissioners is desirous of executing that authority granted to it by the Georgia Constitution, Article IX, Sec. II, Par. I, in adopting this resolution and ordinance;
IT IS HEREBY RESOLVED by the Board of Commissioners of Forsyth County that an Act creating a Board of Commissioners for Forsyth County, Georgia, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2225), as amended, is hereby amended by striking Section 8 in its entirety and inserting a new Section 8 in its place, to read as follows:

4688

COUNTY HOME RULE ORDINANCES

"The board shall hold a regular business meeting on the first and third Thursday in each month. The board may have as many other meetings as deemed necessary for the transaction of official business, and such meetings may be called by the chairman or by the other four (4) members of the board."

SEVERABILITY

If any portion of this Resolution and Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Resolution and Ordinance shall not be affected, and thus, the provisions of this Resolution and Ordinance are declared severable.

REPEALER

Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Resolution and Ordinance, is hereby repealed.

EFFECTIVE DATE

This Resolution and Ordinance shall become effective when all required documents have been filed with the Secretary of State as required by the Georgia Constitution, Article IX, Sec. II, Par. I(g).

ADOPTION AT TWO CONSECUTIVE MEETINGS

This Resolution and Ordinance as adopted at two (2) regular consecutive meetings of the Forsyth County Board of Commissioners held on May 9, 2005 and May 23, 2005, as required by the Georgia Constitution, Article IX, Sec. II, Par. 1(b)(l ).
BE IT SO RESOLVED, this 9th day ofMay, 2005.

FORSYTH COUNTY BOARD OF COMMISSIONERS

s/ JACK CONWAY Jack Conway, Chairman

s/BRIAN TAM Brian Tam, Vice Chairman

s/ LINDA LEDBETTER Linda Ledbetter, Secretary

GEORGIA LAWS 2006 SESSION

4689

s/ CHARLES LAUGHINGHOUSE Charles Laughinghouse, Member

Attest: s/ SONYA E. BUSH Sonya E. Bush, Clerk

s/ DAVID RICHARD David Richard, Member

FORSYTH COUNTY, GEORGIA ORDINANCE NUMBER A RESOLUTION AND ORDINANCE
BY THE BOARD OF COMMISSIONERS
OF FORSYTH COUNTY

A Resolution and Ordinance to amend an Act creating a Board of Commissioners for Forsyth County, Georgia, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 222 5), as amended, particularly by an Act approved March 2, 1972 (Ga. Laws 1972, p. 2065), so as to change the regular business meeting date from the second and fourth Monday of each month to the first and third Thursday of each month.
WHEREAS, the Georgia General Assembly approved an Act creating a Board of Commissioners for Forsyth County, Georgia, on June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2225);
WHEREAS, the Georgia General Assembly subsequently approved an amendment to said Act on March 2, 1972 (Ga. Laws 1972, p. 2065), to provide for regular business meeting dates of the Board of Commissioners;
WHEREAS, the Forsyth County Board ofCommissioners has concluded that the change of dates for the regular business meetings of the Board of Commissioners will be in the best interests of the citizens of Forsyth County in light of the growth and increasing challenges placed upon Forsyth County Government;
WHEREAS, the Georgia Constitution, Article IX, Sec. II, Par.l, entitled "Home Rule for Counties," authorizes amendments to local acts of the General Assembly by a resolution or ordinance duly adopted by the county governing authority under certain conditions after due notice has been published in the official organ of the county, and upon satisfaction and compliance with additional conditions and requirements as set forth in the Georgia Constitution;
WHEREAS, those requirements applicable to amendments to local acts of the General Assembly by a resolution or ordinance duly adopted by the county governing authority as set forth in the Georgia Constitution, Article IX, Sec. II, Par. I(b)(l) having been met and satisfied; and

4690

COUNTY HOME RULE ORDINANCES

WHEREAS, the Forsyth County Board of Commissioners is desirous of executing that authority granted to it by the Georgia Constitution, Article IX, Sec. II, Par. I, in adopting this resolution and ordinance;
IT IS HEREBY RESOLVED by the Board of Commissioners of Forsyth County that an Act creating a Board of Commissioners for Forsyth _County, Georgia, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2225), as amended, is hereby amended by striking Section 8 in its entirety and inserting a new Section 8 in its place, to read as follows:

"The board shall hold a regular business meeting on the first and third Thursday in each month. The board may have as many other meetings as deemed necessary for the transaction of official business, and such meetings may be called by the chairman or by the other four (4) members of the board."

SEVERABILITY

If any portion of this Resolution and Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Resolution and Ordinance shall not be affected, and thus, the provisions of this Resolution and Ordinance are declared severable.

REPEALER

Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Resolution and Ordinance, is hereby repealed.

EFFECTIVE DATE

This Resolution and Ordinance shall become effective when all required documents have been filed with the Secretary of State as required by the Georgia Constitution, Article IX, Sec. II, Par. I(g).

ADOPTION AT TWO CONSECUTIVE MEETINGS

This Resolution and Ordinance was adopted at two (2) regular consecutive meetings of the Forsyth County Board of Commissioners held on May 9, 2005 and May 23, 2005, as required by the Georgia Constitution, Article IX, Sec. II, Par. l(b)(l).
BE IT SO RESOLVED, this 23rd day of May, 2005.

GEORGIA LAWS 2006 SESSION

4691

FORSYTH COUNTY BOARD OF COMMISSIONERS

sf JACK CONWAY Jack Conway, Chairman

sf BRIAN TAM Brian Tam, Vice Chairman

sf LINDA LEDBETTER Linda Ledbetter, Secretary

sf CHARLES LAUGHINGHOUSE Charles Laughinghouse, Member

Attest: sf SONYA E. BUSH Sonya E. Bush, Clerk

sf DAVID RICHARD David Richard, Member

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF FORSYTH

Before me, the undersigned a Notary Public, this day came Carlene Pass, who being duly sworn, according to law, says she is the Office Manager of the FORSYTH COUNTY NEWS, the official newspaper in which the Sheriff's advertisements in and for said County are published, and a Newspaper of general circulation and that a NOTICE OF PUBLICATION RE: TO ALL FORSYTH COUNTY CITIZENS: THE BOARD OF COMMISSIONERS OF FORSYTH COUNTY WILL MODIFY ITS ENABLING LEGISLATION (GA. LAWS 1964, EX. SESS., P 2225) AND ALL PERTINENT AMENDMENTS THERETO, SPECIFICALLY GA. LAWS 1972, P. 2065, BY REPEALING SECTION 8 OF SAID LEGISLATION PERTAINING TO REGULAR BOARD OF COMMISSIONERS DATES AND REPLACING SAID SECTION was published 3 time(s) on the dates of APRIL 20, APRIL 27, MAY 4, 2005 (Ref. L520)

sf CARLENE PASS CARLENE PASS, OFFICE MANAGER

4692

COUNTY HOME RULE ORDINANCES

Subscribed and sworn to before me this 27 day of May, 2005.

s/KATHERINE A. NAGEL NOTARY PUBLIC (seal)

NOTICE: To all Forsyth County citizens: In accord with Article IX, Section II, Paragraph I of the Georgia Constitution, please be advised that the Board ofCommissioners of Forsyth County will modify its enabling legislation (Ga. Laws 1964, Ex. Sess., p. 2225), and all pertinent amendments thereto, specifically Ga. Laws 1972, p. 2065, by repealing Section 8 of said legislation pertaining to regular Board of Commissioners meeting dates, and replacing said section with the following:

The board shall hold a regular business meeting on the second and fourth Thursday in each month. The board may have as many other meetings as deemed necessary for the transaction of official business, and such meetings may be called by the chairman or by the other four (4) members of the board.

The Board shall consider this amendment to its enabling legislation at its regular meetings on May 9, 2005, and May 23, 2005. A copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of Forsyth County for purposes of examination and inspection by the public. The Clerk shall furnish upon written request a copy of the proposed amendment.

Filed in the Office of the Secretary of State May 31, 2005.

RABUN COUNTY -APPLICATIONS FOR INDIGENT DEFENSE SERVICES.
Application Fee for Indigent Defense Services
WHEREAS, the Constitution of the United States guarantees that individuals accused of a crime have adequate legal representation before a court of law; and
WHEREAS, the Constitution also provides that the states shall provide adequate legal representation to any person who cannot afford to pay for such representation; and
WHEREAS, Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia establishes a system of indigent legal defense applicable to every court of this state and for any offense where incarceration is a possibility; and

GEORGIA LAWS 2006 SESSION

4693

WHEREAS, O.C.G .A. 15-21A-6(e) authorizes any public entity providing legal defense services to charge, in addition to any other fee or surcharge authorized by law, a $50.00 application fee for applications submitted by individuals seeking representation through a program of indigent defense services; and

WHEREAS, RABUN County is a public entity providing legal defense services within the terms ofO.C.G.A. 15-21A-6(e); and

WHEREAS, the Board of Commissioners of RABUN County is therefore authorized to collect application fees for indigent defense services provided in the [State Court, Magistrate's Court, Recorder's Court, and/or Probate Court] of RABUN County.

NOW, THEREFORE, BE IT RESOLVED that the Board ofCommissioners of RABUN County, as authorized O.C.G.A. 15-21A-6(e), hereby enacts the following ordinance governing the collection of fees for applications submitted by persons requesting legal representation as a defendant in criminal proceedings in the [State Court, Magistrate's Court, Recorder's Court, and/or Probate Court] of RABUN County:

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF RABUN COUNTY, GEORGIA:

SECTION 1. Application for Indigent Defense Services

Each person lacking the financial ability to provide, for themselves, representation in his or her defense in criminal proceedings in the [State Court, Magistrate's Court, Recorder's Court, and/or Probate Court] of RABUN County, and desiring that the County provide such services to him or her, shall submit an application to the County requesting indigent defense representation and setting forth the specifics supporting their need for such indigent representation.

The application shall be submitted to the [court clerk, court administrator, public defender] [upon intake at the jail, upon first appearance, at any pre-trial hearing, etc] on a form approved by the governing authority of the county.

SECTION 2. Application Fee

Each applicant for indigent defense services shall pay an application fee of $50.00 to the clerk of the court in which indigent representation is being sought. Such fee must be paid either at the time the application is submitted or at the time the representation is provided.

4694

COUNTY HOME RULE ORDINANCES

SECTION 3. Waiver

The fee required by Section 2 of this ordinance may be waived only upon order of the presiding judge scheduled to hear the case in which the applicant is seeking a waiver of the application fee. The judge may order a waiver of the fee only upon a finding by the court that the defendant is unable to pay the fee or that paying the - fee would cause hardship to the defendant.

SECTION 4. Transfer of Funds

Within 10 days after the end of each month, the clerk(s) of the court(s) in receipt of application fees required by Section 2 of this ordinance shall remit the total of all application fees collected during the previous month to the governing authority of the county.

SECTION 5. Separate Account

The funds remitted to the governing authority pursuant to Section 4 of this ordinance, shall be maintained in a separate fund for 'indigent defense services' and shall be expended only for the purpose ofproviding legal representation to indigent defendants in the [State Court, Magistrate's Court, Recorder's Court, and/or Probate Court] of RABUN County.

SECTION 6. Repealer

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

SECTION 7. Effective Date

This ordinance shall become effective on MARCH 1, 2005.

APPROVED by the RABUN County Board of Commissioners, this 22 day of Feb, 2005.

sf ESTON E. MELTON Chairman

sf VIRGIL L. KILBY Vice-Chairman

sf MARY ELIZABETH LAW

sf PETE CLEAVELAND

GEORGIA LAWS 2006 SESSION

4695

ATTEST:

s/PAT MARCELLINO

sf DEBRA J. WESTBERG Clerk [SEAL]

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF RABUN

Personally appeared before the undersigned, Stephen T. Meadows, who, having been duly sworn, on oath that he is the Publisher of The Clayton Tribune, and that the legal advertisement for application for indigent defense services was published in The Clayton Tribune on the following dates: 2/3, 2110,2117,2005.

Sworn to and subscribed before me this 19 day of April, 2005.

s/ STEPHEN T. MEADOWS Affiant

s/ DAVID L. HOLT Notary Public RABUN COUNTY, GEORGIA My Commission Expires Sept. 30, 2008

NOTICE OF COUNTY ORDINANCE

Notice is hereby given that the Board of Commissioners of Rabun County, Georgia shall consider at its regular monthly meeting to be held on 2-22-05, on second reading, the adoption of the following Ordinance or Amendment to existing ordinance. A copy of said Ordinance proposed to be adopted is on file for public inspection at the Office of the Clerk of Rabun County Superior Court and at the Office of the Clerk of Rabun County Commissioners, Rabun County Courthouse, Clayton, Georgia. Application Fee for Indigent Defense Services.

WHEREAS, the Constitution of the United States guarantees that individuals accused of a crime have adequate legal representation before a court of law; and

WHEREAS, the Constitution also provides that the states shall provide adequate legal representation to any person who cannot afford to pay for such representation; and

4696

COUNTY HOME RULE ORDINANCES

WHEREAS, Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia establishes a system of indigent legal defense applicable to every court of this state and for any offense where incarceration is a possibility; and

WHEREAS, O.C.G.A. 15-21A-6 (e) authorizes any public entity providing legal defense services to charge, in addition to any other fee or surcharge authorized by law, a $50.00 application fee for applications submitted by individuals seeking representation through a program of indigent defense services; and

WHEREAS, RABUN County is a public entity providing legal defense services within the terms ofO.C.G.A. l5-21A-6 (e); and

WHEREAS, the Board of Commissioners of RABUN County is therefore authorized to collect application fees for indigent defense services provided in the [State Court, Magistrate s Court, Recorder's Court and/or Probate Court] of RABUN County.

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of RABUN County, as authorized O.C.G .A. 15-21A-6 (e) hereby enacts the following ordinance governing the collection of fees for applications submitted by persons requesting legal representation as a defendant in crime proceedings in the [State Court, Magistrate's Court, Recorder's Court, and/or Probate Court] of RABUN County.

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF RABUN COUNTY, GEORGIA:

SECTION 1. Application for Indigent Defense Services. Each person lacking the financial ability to provide, for themselves, representation in his or her defense in criminal proceedings in the [State Court, Magistrate s Court, Recorder's Court, and/or Probate Court] ofRABUN County, and desiring that the County provide such services to him or her, shall submit an application to the County requesting indigent defense representation and setting forth the specifics supporting their need for such indigent representation. The application shall be submitted to [court clerk, court administrator, public defender][upon intake at a jail, upon first appearance, at any pretrial hearing, etc.] on a form approved by the governing authority of the county.

SECTION 2. Application Fee. Each applicant for indigent defense services shall pay an application fee of $50.00 to the clerk of the court in which indigent representation is being sought. Such fee must be paid either at the time the application is submitted or at the time that representation is provided.

GEORGIA LAWS 2006 SESSION

4697

SECTION 3. Waiver. The fee required by Section 2 of this ordinance may be waived only upon order of the presiding judge scheduled to hear the case in which the applicant is seeking a waiver of the application fee. The judge may order a waiver of the fee only upon a finding by the court that the defendant is unable to pay the fee or that paying the fee would cause hardship to the defendant.

SECTION 4. Transfer of Funds. Within 10 days after the end of each month, the clerk(s) of the court(s) in receipt of application fees required by Section 2 of this ordinance shall remit the total of all application fees collected during the previous month to the governing authority of the county.

SECTION 5. Separate Account. The funds remitted to the governing authority pursuant to Section 4 of this ordinance, shall be maintained in a separate fund for indigent defense services and shall be expended only for the purpose of providing legal representation to indigent defendants in the [State Court, Magistrates Court, Recorder's Court, and/or Probate Court] of RABUN County.

SECTION 6. Repealer. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

SECTION 7. Effective Date. This ordinance shall become effective on MARCH 1, 2005. APPROVED by the RABUN County Board of Commissioners this __ day of __________, 20__.

Filed in the Office ofthe Secretary of State June 10, 2005.

TURNER COUNTY- BOARD OF COMMISSIONERS; MEETING TIMES.
NO. 2005-06-02
TURNER COUNTY- BOARD OF COMMISSIONERS; MEETINGS
A RESOLUTION TO AMEND THE ACT CREATING A BOARD OF COMMISSIONERS OF TURNER COUNTY, APPROVED AUGUST 18, 1927 (GA. L. 1927, P. 702), AS AMENDED, PARTICULARLY BY AN ACT APPROVED MARCH 21, 1984 (GA. L. 1984, P. 4563), SO AS TO PROVIDE FOR A CHANGE IN THE TIME OF THE REGULAR MEETING OF SAID

4698

COUNTY HOME RULE ORDINANCES

BOARD; TO REPEAL CONFLICTING LAWS, TO PROVIDE FOR AN EFFECTIVE DATE AND FOR OTHER RELATED PURPOSES.

1. WHEREAS, an act creating a Board of Commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), and as amended, particularly by an Act approved March 21, 1984, (Ga. L. 1984, p. 4563), provides that the Turner County Commission shall have its regular meetings on the first Tuesday of each month at 9:00a.m.; and
2. WHEREAS, pursuant to the "Home Rule" provisions of Article IX, Section II, Paragraph 1(b) of the Constitution of the State of Georgia, the Board of Commissioners of Turner County desires to amend said Act so as to provide for a change in the time of the regular meetings of said Board; to repeal conflicting laws; and for other purposes,

3. NOW, THEREFORE, BE IT RESOLVED, that the Act creating a Board of Commissioners of Turner County, approved August 18, 1927, (Ga. L. 1927, p. 702), and as amended, particularly by an Act approved March 21, 1984, (Ga. L. 1984, p. 4563), is hereby amended by striking paragraph (a) of Section 5 in its entirety and substituting therefore paragraph (a) of Section 5 to read as follows:

"Section 5. (a) The Board of Commissioners shall hold a regular meeting on the first Tuesday of each month at 7:00p.m.. The Board may hold special meetings at any time and at any place within the County that its duties may require."
4. All laws, resolutions and ordinances and parts oflaws, resolutions and ordinances in conflict with this resolution are hereby repealed.

5. This resolution shall become effective upon its second adoption by the Board of Commissioners of Turner County, and provided further that a copy of said ordinance has been published as required by law and filed with the Secretary of State of Georgia.

SO RESOLVED, this 5th day of July, 2005.

BOARD OF COMMISSIONERS OF TURNER COUNTY

sf DERAL DUKES DERAL DUKES, CHAIRMAN

GEORGIA LAWS 2006 SESSION

4699

s/ DARYL HALL DARYL HALL, SR. VICE-CHAIRMAN

JOE E. BURGESS, COMMISSIONER
s/ HERBERT R. COKER H. R. (BUSSEY) COKER, COMMISSIONER
s/ MIKE GEOGHAGAN MIKE GEOGHAGAN, COMMISSIONER
ATTEST:
s/ MARY J. WYNN MARY J. WYNN, COUNTY CLERK (SEAL)
CERTIFICATION
I, Mary J. Wynn, Clerk to the Board of Commissioners of Turner County, do hereby certify, that the attached is a true and exact copy of Resolution No. 2005-06-02 as adopted by said Board at two consecutive meetings held on June 7, 2005 and on July 5, 2005.
This the 5th day of July, 2005.
s/ MARY J. WYNN MARY J. WYNN, CLERK OF THE COMMISSION
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF TURNER
Personally before the undersigned officer duly authorized to administer oaths came Ben Baker, who upon being sworn deposes and says that he is the editor of the Wiregrass Farmer a newspaper of general circulation in the City of Ashburn, Georgia and being the official organ for the publication of legal advertisements for Turner County; that deponent is authorized to make affidavits of publication on behalf of said newspaper; and that the attached Notice to the Pub lie was published in said newspaper on the following dates, to wit: June 15, 2005, June 22, 2005 and June 29,2005.

4700

COUNTY HOME RULE ORDINANCES

s/BEN BAKER Ben Baker

Sworn to and subscribed before me this 12th day of July, 2005.

sf MINDY BELLAMY NOTARY PUBLIC (Seal)

PUBLIC NOTICE

The public is hereby notified that the Board of Commissioners of Turner County, Georgia, on its regular meetings on June 7, 2005 and July 5, 2005, will consider and Ordinance to amend the local Act creating a Board of Commissioners of Turner County to change the time of its regular meetings from the first Tuesday of each month at 9:00a.m. to the first Tuesday of each month at 7:00p.m. A copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of Turner County at the Turner County Courthouse for the purpose ofexamination and inspection by the public and copies of said Ordinance are available from said Clerk for interested members of the public.

This the 7th day of June, 2005.

BOARD OF COMMISSIONERS OF TURNER COUNTY BY DERAL DUKES, CHAIRMAN

Filed in the Office ofthe Secretary of State July 19,2005.

ROCKDALE COUNTY- HUMAN RESOURCES POLICIES AND PROCEDURES; REPEAL.
ORDINANCE NO. #0-2006-10
A HOME RULE ORDINANCE TO REPEAL CERTAIN LOCAL ACTS REGARDING ROCKDALE COUNTY HUMAN RESOURCE POLICIES AND PROCEDURES; TO PROVIDE STATUTORY NOTICE OF SAID ORDINANCE; AND FOR OTHER PURPOSES.
WHEREAS, Article IX, Section I, Paragraph IV of the 1983 Georgia Constitution authorized the Georgia General Assembly to enact general laws authorizing the establishment of civil service systems by county governing

GEORGIA LAWS 2006 SESSION

4701

authorities to cover county employees and/or covering county employees and employees of the elected county officers; and

WHEREAS, in 1986, pursuant to the foregoing Constitutional authority, the General Assembly enacted section 36-1-21 of the Official Code of Georgia Annotated authorizing the governing authority of any county to provide by ordinance for the creation ofa civil service system for employees of the county, and further authorized local governing authorities to administer said civil service systems pursuant to rules and regulations adopted by ordinance or resolution; and

WHEREAS, Rockdale County had previously enacted human resource policies and procedures pursuant to a duly adopted local act of the General Assembly prior to the enactment of O.C.G.A. 36-1-21 and subsequently revised said regulations via local acts of the General Assembly; and

WHEREAS, the Board of Commissioners wishes to amend the human resource provisions applicable to the employees of the County, and has directed county staff to propose certain amendments to existing regulations; and

WHEREAS, due to the enactment of O.C.G.A. 36-1-21 the necessity for amending Rockdale County's human resource policies and procedures by local act of the General Assembly no longer exists; and

WHEREAS, the Board of Commissioners wishes to repeal the human resource policies and procedures duly adopted and amended by local act of the General Assembly, and establish in lieu thereof a civil service system adopted pursuant to the provisions ofO.C.G.A. 36-1-21; and

WHEREAS, following a review of the amendments proposed by county staff, the Board of Commissioners finds that the following regulations are appropriate in order to safely and fairly manage the employees of Rockdale County.

NOW, THEREFORE BE IT ORDAINED by the Board of Commissioners of Rockdale County, Georgia, pursuant to the home rule authority granted in subparagraph (b)(l) of Article IX, Section II, Paragraph I of the 1983 Georgia Constitution, and it is hereby ordained by the authority of same as follows:

Section 1 Pursuant to Article IX, Section II, Paragraph I of the 1983 Georgia Constitution, Subsection 13(e) of Georgia Laws 1977, page 2817, as amended, which sets forth "sections 2-301 through 2-402", entitled "Human Resources Policies and Procedures," is hereby further amended by repealing said subsection in its entirety.

4702

COUNTY HOME RULE ORDINANCES

Section 2 That, upon enactment by the Board ofCommissioners, a copy ofthis Ordinance be transmitted to the Secretary of State for filing.

Section 3 All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.

Section 4 This Ordinance shall become effective on the date of filing of said Ordinance with the Secretary of State.

This 14 day of March, 2006.

Rockdale County, Georgia Board of Commissioners

By: s/ ROY J. MIDDLEBROOKS Roy J. Middlebrooks, Chairman

By: s/ JASON A. HILL Jason A. Hill

By: s/ GLENN D. SEARS Glenn D. Sears

Attest: s/ JENNIFER 0. RUTLEDGE County Clerk

Approved as to form: s/ MARVIN HARKINS County Attorney

Date of 1st reading: 2/14/06 Date of 2nd reading/1st adoption: 2/28/06 Date of 3rd reading/2nd adoption: 3/14/06

GEORGIA LAWS 2006 SESSION

4703

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF ROCKDALE

Personally appeared before the undersigned, a notary public within and for said county and state, Rick Rae, Publisher of the Rockdale Citizen, published at Conyers, County of Rockdale, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath the the report of928-336ll75l a true copy of which is hereto attached, was published in said newspaper on the following date (s):
02f09f06, 02f16f06, 02f23f06, 03f02f06

Rick Rae, PUBLISHER

sf SUSAN ANDREWS By Susan Andrews Financial Director

Sworn to and subscribed before me this 2nd day of March, 2006. sf CYNTHIA CARTER Notary Public My commission expires May 10, 2009 SEAL

PUBLIC NOTICE

TO BE ENACTED BY THE ROCKDALE BOARD OF COMMISSIONERS: A HOME RULE ORDINANCE TO REPEAL CERTAIN LOCAL ACTS REGARDING ROCKDALE COUNTY HUMAN RESOURCES POLICIES AND PROCEDURES SO AS TO ALLOW FOR ENACTMENT OF A CIVIL SERVICE SYSTEM PURSUANT TO O.C.G.A. 36-1-21; TO PROVIDE STATUTORY NOTICE OF SAID ORDINANCE; AND FOR OTHER PURPOSES. A COPY OF THE PROPOSED HOME RULE ORDINANCE IS ON FILE IN THE OFFICE OF THE ROCKDALE COUNTY CLERK OF THE SUPERIOR COURT FOR THE PURPOSE OF EXAMINATION AND INSPECTION BY THE PUBLIC. THE CLERK OF THE SUPERIOR COURT SHALL FURNISH ANYONE, UPON WRITTEN REQUEST, A COPY OF THE PROPOSED HOME RULE ORDINANCE. 928-33611751,2116,23, 3f2

Filed in the Office ofthe Secretary of State March 15,2006.

ORDINANCES OF
MUNICIPAL CORPORATIONS

GEORGIA LAWS 2006 SESSION

4707

CITY OF CHATSWORTH- WATERWORKS COMMISSION; RECONSTITUTION.

ORDINANCE

To Amend The Charter Of The City Of Chatsworth, Georgia, First Approved August 18, 1923 (1923 Georgia Laws, p. 529), Section 70, and later amended by House Bill 623 ( 1949 Georgia Laws, p. 1722) By Which The Chatsworth Waterworks Commission Was Created, By Amending Section 70, Subsection I Thereof By Striking, Deleting, and Repealing Subsection 1 Thereofln Its Entirety And Substituting In Lieu Thereof New Subsection 1, As Set Forth Herein; By Amending Subsection 2 Thereof By Adding The Phrase "Except As Set Forth Hereinabove," At The Beginning Of Subsection 2 And Further By Striking, Deleting, and Repealing The Sentence Contained Within Subsection 2 Which Provides "They are hereby empowered to enter into contracts necessary for the establishment, maintenance, and operation of any of said systems;" 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 Chatsworth and by authority of the same, IT IS HEREBY ORDAINED as follows:

Section 1.

Amend Subsection 1 of Section 70 of the Charter of the City of Chatsworth, Georgia by striking, deleting, and repealing in its entirety Subsection 1 and substituting in lieu thereof a new Subsection 1, which shall read as follows:

Sec. 1. That there shall be a Waterworks Commission for the City of Chatsworth in the County of Murray, consisting of three (3) members, one (1) of whom shall be Chairman and whose terms of office shall generally be staggered six (6) year terms. Each of the members of the Commission shall be appointed by the Mayor and Council, and shall serve at the pleasure of the Mayor and Council. Provided, however, the members of the Commission in office at the time of the effective date of this ordinance shall remain in office for the remainder of the term for which he or she was previously appointed and may be removed only for cause. There shall also be created the position of "Water Superintendent," who shall manage the day-to-day operations of the Waterworks System under the supervision of said Commission and who shall serve at the pleasure of the Mayor and Council. Said Commissioners and Water Superintendent shall receive such remuneration as may be fixed, from time to time, by the Mayor and Council. Said Commission shall have general supervision and control over the water and sewerage system of the City of Chatsworth, the light system of the City of Chatsworth, and the gas system of the City of Chatsworth, and shall make such rules with respect to the operation

4708

MUNICIPAL HOME RULE ORDINANCES

of said system or systems as they deem in the best interest of the City of Chatsworth and protective of the public health, safety, and welfare. Said Commission shall further be empowered to enter into contracts necessary for the establishment, maintenance, and operation of any of said systems, except that any purchase, lease, or rental with respect to any real property shall be approved by the Mayor and Council prior to any such approval or commitment thereof by the Commission.

Section 2.

Amend Subsection 2 of Section 70 of the Charter of the City of Chatsworth, Georgia by adding the following phrase at the beginning thereof: "Except as set forth hereinabove," after which the current first sentence remains unchanged. Further Amend Subsection 2 by striking, deleting, and repealing the third sentence thereof, as follows: "They are hereby empowered to enter into contracts necessary for the establishment, maintenance, and operation of any of said systems."

Section 3.

This Ordinance shall be effective after adoption upon the filing of a copy of this ordinance, a copy of the required notice of publication, and an affidavit of a duly 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 Murray County, Georgia, and the office of the Clerk of the City of Chatsworth, Georgia. This Ordinance is subject to preclearance from the United States Department of Justice.

Section 4.

It is hereby declared to be the intention of the Mayor and City Council of the City of Chatsworth 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 5.

All ordinances or parts of ordinances in conflict herewith are hereby repealed..

SO ORDAINED this 14th day of March, 2005.

The foregoing Ordinance received its first reading on February 7, 2005 and a second reading on March 7, 2005. Upon second reading a motion for passage of the

GEORGIA LAWS 2006 SESSION

4709

ordinance was made by Alderman Margaret Adams, second by Alderman Gary Brock and upon the question the vote is 4 ayes, 0 nays and the Ordinance is adopted.

ATTEST:

s/ JERRY SANFORD MAYOR

s/ WILMA NOLAN CITY CLERK

AFFIDAVIT OF PUBLISHER

COUNTY OF MURRAY STATE OF GEORGIA

I, Trannon L. Goble, General Manager of The Chatsworth Times, a weekly newspaper published in the City of Chatsworth, Georgia, and the designated legal publisher, do solemnly swear that the legal advertisement in the matter of:

CITY OF CHATSWORTH NOTICE OF PROPOSED AMENDMENT TO THE CITY CHARTER
OF THE CITY OF CHATSWORTH RECONSTITUTE THE CHATSWORTH WATERWORKS COMMISSION

has run 4 times in the Legal section of our newspaper on the following dates:

1. February 16, 2005 2. February 23, 2005 3. March 2, 2005 3. March 9, 2005

s/ TRANNON L. GOBLE _____________________TRANNONL.GOBLE
General Manager, of The Chatsworth Times

Sworn to and subscribed before me this 16th day of March, 2005

s/ CHARLOTTE K. WHEAT NOTARY PUBLIC Notary Public, Murray County, Georgia My Commission Expires May 18, 2005

4710

MUNICIPAL HOME RULE ORDINANCES

PUBLIC NOTICES

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

The City of Chatsworth, Georgia proposed to amend it's Charter to reconstitute the Chatsworth Waterworks Commission, consisting of three members, each of whom shall serve staggered six year terms at the pleasure of the Mayor and Council of Chatsworth, and to create the position of Water Superintendent, who shall manage the day-to-day operations ofthe Waterworks System under the supervision of said Commission and who shall serve at the pleasure of the Mayor and Council, and to grant said commission the power to enter contracts necessary for the operation of the commission, except that contracts with respect to the sale, lease, or rental of real property shall first be approved by the Mayor and Council, and for other purposes.

A copy of the proposed home rule ordinance is on file in the Office of the City Clerk of Chatsworth, Georgia and in the office of the Clerk of the Murray County Superior Court, a copy of the proposed home rule ordinance shall be furnished for examination and inspection.

Wilma Nolan City Clerk

Filed in the Office ofthe Secretary of State May 27, 2005

CITY OF TOCCOA- PURCHASING; SALE OF PROPERTY; PERSONNEL BOARD; SALARIES OF EMPLOYEES; MAKING PAYMENTS ON BEHALF OF CERTAIN ENTITY.
AN ORDINANCE AMENDING THE CITY CHARTER OF THE CITY OF TOCCOA AS AUTHORIZED BY O.C.G.A. 36-35-3(b)(l)
Whereas, there are certain provisions of the Code of Ordinances of the Municipal Charter of the City ofToccoa that are currently duplicated by ordinances or they are no longer effective; and,
Whereas, the City of Toccoa proposes to amend its Charter to establish consistency with other ordinances, state statutes, and current practices of the City of Toccoa.
Therefore, BE IT HEREBY ORDAINED AS FOLLOWS:

GEORGIA LAWS 2006 SESSION

4711

I. The Charter of the City of Toccoa shall be amended as follows:

(a) Section 1O(b) ofthe City Charter of the City of Toccoa shall be amended by deleting such subsection in its entirety.

(b) Section 16 of the City Charter of the City of Toccoa shall be amended by deleting such section in its entirety.

(c) Section 19 of the City Charter of the City of Toccoa shall be amended by deleting such section in its entirety.

(d) Section 20 of the City Charter ofthe City of Toccoa shall be amended by deleting such section in its entirety.

(e) Section 24(b)(3) ofthe City Charter ofthe City of Toccoa shall be amended by deleting such subsection in its entirety.

II. SHOULD ANY SECTION OR PROVISION OF THIS ORDINANCE BE DECLARED BY A COURT OF COMPETENT JURISDICTION TO BE UNCONSTITUTIONAL OR INVALID SUCH DECLARATION SHALL NOT AFFECT THE VALIDITY OF THE ORDINANCE AS A WHOLE OR ANY PART THEREOF OTHER THAN THE PART SO DECLARED TO BE UNCONSTITUTIONAL OR INVALID. ALL RESOLUTIONS AND ORDINANCES AND PARTS OF RESOLUTIONS AND ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE ARE HEREBY REPEALED.

III. This Ordinance will become effective as provided by law.

CITY OF TOCCOA, GEORGIA

ATTEST:

By: s/ KEN DAVIS Mayor

s/ JOSEPHINE GLEASON Josephine Gleason, Clerk

READ FIRST TIME: Apri125, 2005 SECOND READING: May 9, 2005

4712

MUNICIPAL HOME RULE ORDINANCES

CERTIFICATION

This is to certify that the attached is a copy of the original Charter Amendment adopted by the City Commission of the City ofToccoa, Georgia on the 9th day of May, 2004 and recorded in the minutes of the City of Toccoa.

This 1 day of June, 2005.

sf JOSEPHINE GLEASON Josephine Gleason City of Toccoa, Georgia

State of Georgia County of Stephens
AFFIDAVIT OF PUBLICATION

BEFORE the undersigned officer duly authorized to administer oaths in the State of Georgia comes Thomas H. Law, whose title is Publisher, and says under oath that the attached advertisement was published in The Toccoa Record, the legal organ for the County of Stephens, State of Georgia, on the following dates: 04-05-05, 04-12-05, 04-19-05. Notice, Amendment City ofToccoa.

By sf THOMAS H. LAW Thomas H. Law, Publisher

Signed, Sealed and Delivered In the presence of:

sf GLORIA ROBINSON Notary Public

NOTICE

Please take notice that pursuant to O.C.G.A. Section 36-35-3(b)(l) the City of Toccoa proposes to amend the Charter of the City of Toccoa as follows:
(1) Section 10 of the Charter will be amended to delete in its entirety Section 1O(b), which provides that purchases up to $5,000 may be made by the City Manager and the Director of Financing and that purchases in excess of $5,000 will be made upon prior approval by the City Commission.
PURPOSE OF AMENDMENT: PURCHASING CRITERIA IS ESTABLISHED AND CAN BE ESTABLISHED BY ORDINANCE.
(2) Section 16 of the Charter referring to the sale of public property and establishing a method for the sale of public property will be deleted in its entirety.

GEORGIA LAWS 2006 SESSION

4713

PURPOSE OF AMENDMENT: SALE OF PUBLIC PROPERTY IS GOVERNED BY STATE LAW.
(3) Section 19 establishing a personnel board will be deleted in its entirety. PURPOSE OF AMENDMENT: PERSONNEL APPEALS ARE BEING HANDLED PURSUANT TO THE CITY OF TOCCOA PERSONNEL POLICY WITH AN EMPLOYEE COMMITTEE. (4) Section 20 of the Charter providing for the salaries to be fixed on recommendation of the City manager and approval by the City Commission shall be eliminated in its entirety. PURPOSE OF AMENDMENT: SALARIES ARE PRESENTLY BEING APPROVED IN THE ANNUAL BUDGET. (5) Section 24(b)(3) providing for the Director of Finance to make certain payments on behalf of Toccoa-Stephens County Community Development Department shall be eliminated in its entirety. PURPOSE OF AMENDMENT: THE CITY OF TOCCOA DOES NOT HAVE A TOCCOA-STEPHENS COUNTY COMMUNITY DEVELOPMENT DEPARTMENT. These amendments will be considered for a first reading at the regular meeting of the City ofToccoa on the 25th day of April, 2005 and the second reading at the regular Commission meeting of the City of Toccoa on May 90, 2005. All regularly scheduled meetings are held at the City Hall of the City of Toccoa and begins at 5 p.m. A copy of the proposed amendment is on file with the Clerk ofSuperior Court of Stephens County and the City Clerk of the City of Toccoa.

John A. Dickerson City Attorney City of Toccoa

Filed in the Office of the Secretary of State June 6, 2005.

CITY OF SUGAR HILL- MAYOR AND COUNCIL; GROUNDS FOR REMOVAL FROM OFFICE.
AMENDMENT TO CITY CHARTER
The Council of the City of Sugar Hill hereby ordains that pursuant to the provisions of O.C.G.A. 36-35-3, the Charter of the City of Sugar Hill, Georgia, as recently amended by an act of the Georgia General Assembly on May 14, 2003, is hereby amended by the deletion of Section 5.16( 1) in its entirety and the insertion of the following in lieu thereof:

4714

MUNICIPAL HOME RULE ORDINANCES

Section 5.16. Grounds for removal.

1. Incompetence, misfeasance, or malfeasance in office, which shall be deemed to include but shall not be limited to: failure to attend three (3) regularly scheduled council meetings within a twelve (12) month period without just cause for such absence, participation in intentional dishonest acts, willfully disseminating false information, malicious exercise of statutory powers, or other similar acts.

The remaining provisions of Section 5.16 and the remaining provisions of the Charter of the City of Sugar Hill, Georgia shall remain in full force and effect.

This ordinance amending the Charter of the City of Sugar Hill, Georgia is adopted pursuantto O.C.G.A. 36-35-3 and shall become effective upon its approval at two regularly scheduled meetings of the Mayor and Council and following publication as required by law.

First Adoption: Approved and adopted by the Council of the City of Sugar Hill, Georgia, this
14th day of March, 2005.

sf STEVEN EDWARDS Steven Edwards -Council Member

sf MARC COHEN Marc Cohen - Council Member

sf CLINT THOMPSON Clint Thompson - Council Member

sf NICK THOMPSON -INTENT TO AMENDNick Thompson- Council Member
sf RON JOHNSON Ron Johnson - Council Member

Attest: sf JANE WHITTINGTON City Clerk

Submitted to Mayor: March 17, 2005 Approved by Mayor: March 18, 2005

sf GARY PIRKLE Gary Pirkle - Mayor

GEORGIA LAWS 2006 SESSION

4715

Second Adoption: Approved and adopted by the Council of the City of Sugar Hill, Georgia, this
11 day of April, 2005.
sf STEVEN EDWARDS Steven Edwards -Council Member

Marc Cohen - Council Member
sf CLINT THOMPSON Clint Thompson - Council Member
sf NICK THOMPSON Nick Thompson - Council Member
sf RON JOHNSON Ron Johnson - Council Member
Attest: sf JANE WHITTINGTON City Clerk
Submitted to Mayor: April12, 2005 Approved by Mayor: April18, 2005
sf GARY PIRKLE Gary Pirkle - Mayor
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF GWINNETT
Personally appeared before the undersigned, a notary public within and for said county and state, Bob McCray, Publisher of the Gwinnett Daily Post, published at Lawrenceville, County of Gwinnett, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath the report of928-06561456 a true copy of which is hereto attached, was published in said newspaper on the following date(s):
March 24, 31, April 7, 2005

4716

MUNICIPAL HOME RULE ORDINANCES

Bob McCray, PUBLISHER

s/ J. K. MURPHY By J. K. Murphy Executive Editor

Sworn to and subscribed before me this 11 day of April, 2005.

s/ TINA PARTRIDGE Notary Public My commission expires June 23, 2007

PUBLIC NOTICE

The public is hereby notified that the Mayor and Council of the City of Sugar Hill will consider an amendment to its Municipal Charter. The amendment would alter Section 5.16 of the Municipal Charter and provide for new and more specific grounds for removal of the mayor or any councilmember from office. The proposed amendment was considered and approved by the Mayor and Council of the City of Sugar Hill at its first reading during the March 14, 2005 council meeting. The proposed amendment will be considered by the Mayor and Council of the City of Sugar Hill for its second and final adoption at the city council meeting scheduled for April I I, 2005. The city council meeting will be held in the council chambers at Sugar Hill City Hall Annex located at 4988 West Broad Street, Sugar Hill, Georgia. The meeting will begin at 7:30p.m. A copy of the proposed amendment is on file with the Sugar Hill City Clerk at Sugar Hill City Hall, and a copy may be reviewed or obtained during normal business hours. A copy of the proposed amendment is also on file with the Clerk of the Superior Court of Gwinnett County and is available for examination and inspection by the public. This advertisement is being provided in accordance with the provisions of O.C.G.A. 36-35-3, and the Charter amendment would become effective following adoption by the council at two meetings in accordance with the provisions of that statue. 928-06561456,3/24,31,4/7.

Filed in the Office ofthe Secretary of State June 10, 2005.

GEORGIA LAWS 2006 SESSION

4717

CITY OF MACON -PENSION AND RETIREMENT SYSTEMS; AMENDMENTS.

Sponsors: Brenda Youmas & James E. Timley

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA, TO AMEND CHARTER APPENDIX II OF THE CHARTER OF THE CITY OF MACON RELATING TO THE MACON PENSION AND RETIREMENT SYSTEMS, DIVISION A BY ADDING NEW SECTIONS AS SHOWN ON EXHIBIT A TO COMPLY WITH CHANGES IN FEDERAL LAW; 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 Appendix II of the Charter of the City of Macon, relating to the Macon Pension and Retirement Systems, Division A is amended, pursuant to the authority granted 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. 36-35-1, et. seq.) by adding new sections as set out in Exhibit A to comply with changes in federal law. The amendments are attached hereto as Exhibit A and incorporated by reference hereto as if fully set out herein.

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 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., it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Charter of the City of Macon, Georgia, and the sections of this Ordinance may be renumbered to accomplish such

All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

SO ORDAINED this 17th day ofMay, 2005.

4718

MUNICIPAL HOME RULE ORDINANCES

s/ ANITA J. PONDER President, City Council

SO ADOPTED this 23rd day of May, 2005.

s/ JACK ELLIS Mayor

SO ORDAINED this 7th day of June, 2005

s/ ANITA J. PONDER President, City Council

SO ADOPTED this 9th day of June, 2005.

sl JACK ELLIS Mayor

City of Macon, Ga.

I do hereby certify that the above foregoing ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 5-17-2005. Witness my hand and seal of the City of Macon this 5-18-2005.

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE May 18, 2005

RETURNED FROM MAYOR'S OFFICE May 23, 2005 12:32 P.M.
City of Macon, Ga.
I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 6-7-2005. Witness my hand and seal of the City of Macon this 6-8-2005.

s/ JOYCE R. HUMPHREY Clerk of Council
SUBMITTED TO MAYOR'S OFFICE June 8, 2005

GEORGIA LAWS 2006 SESSION

4719

RETURNED FROM MAYOR'S OFFICE June 13, 2005 9:30A.M.

EXHIBIT "A"

Amendment to the

MACON PENSION AND RETIREMENT SYSTEMS, DIVISION A

Except where noted, the provisions of this Amendment shall apply only to Employees of the City whose employment with the City terminates on or after January I, 1997. If this Employee's employment with the Employer terminates prior to such date, the Employee shall be entitled to benefits under the Plan as the Plan existed on the date of the Employee's termination of employment, except where noted.

1.

The following shall be added to the end of the definition of "Average monthly compensation" in Article IU):

"Except with respect to Qualified Participants (as defined below), for Plan Years beginning on and after January 1, 1996, the compensation taken into account during a Plan Year in calculating a Participant's benefit under this Plan shall not exceed the limitations oflntemal Revenue Code Section 40l(a)(l 7) in effect as of the beginning of the Plan Year (e.g., $150,000 in 1996, $200,000 in 2002). For purposes of applying the Section 401 (a)(17) limit, as adjusted, if any Employee is the spouse or a lineal descendant of an Employee (provided the lineal descendant is younger than age 19 by the end o fthe Plan Year) who is one of the ten (1 0) "highly compensated employees" (within the meaning oflnternal Revenue Code Section 414(q)) paid the greatest amount of earnings (determined without regard to the $150,000 limit, as adjusted) during the Plan Year, the Employee shall not be treated as a separate Employee. The preceding sentence shall not, however, apply to any Plan Year that begins on or after January 1, 1997.

The limit described in the previous paragraph shall not apply to any Qualified Participant. A Qualified Participant is any Participant who first became a Participant in the Plan before January 1, 1996.

Notwithstanding the general rule that the provision of this amendment do not apply to individuals who had a termination of employment before January 1,1997, this limit on Compensation shall be effective as to such

4720

MUNICIPAL HOME RULE ORDINANCES

Participants, as well as to individuals who are Participants on and after January I, 1997."
2.

A new Section 9.4 shall be added to Article IX, Miscellaneous, to read as follows:

"Sec. 9.4. USERRA.

Notwithstanding any provision of this Plan to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with Code Section 414(u)."

3.

A new Section 9.5 shall be added to Article IX, Miscellaneous, to read as follows:

"Sec. 9.5 Forfeiture of Benefits.

Notwithstanding any other provision of the Pian to the contrary, a Participant's entire Accrued Benefit under the Plan shall be forfeited in the manner and to the extent provided under O.C.G.A. Section 47-1-21 through Section 47-1-24, if a Participant is convicted of a public employment, drug related, or other covered crime."
4.

A new Article 10 shall be added to the Plan, to read as follows:

"ARTICLE 10

SPECIAL DISTRIBUTION RULES

I. MDIB Rules.

Any optional form of benefit and any Beneficiary elected by the Participant must comply with the minimum distribution incidental benefit requirement ofproposed Treasury Regulation 1.401 (a)(9)-2, or its successor. This rule ensures that the retirement benefits payable under the Plan are more than incidental.

GEORGIA LAWS 2006 SESSION

4721

II. Commencement of Benefits

(a) Age 70 112. Notwithstanding anything contained herein to the contrary, the Plan Administrator shall direct that payment of a Participant's Normal Retirement Pension commence by the first day of April in the calendar year following the later of (a) the calendar year in which the Participant attains age 70-112, or (b) the calendar year in which the Participant retires. If, as of the date that this amended and restated Plan is adopted, a Participant in active employment with the Employer is receiving distributions on account of his attaining age 70 112, the Participant shall continue to receive Plan distributions.

If a Participant has turned age 70 1/2 by the date that that this amended and restated Plan is adopted, and has an Accrued Benefit under the Plan as of December 31, 1996, his benefit payments shall commence by April 1 following the calendar year in which the Participant attains age 70 112, regardless of whether the Participant is then employed by the Employer.

(b) Normal Retirement Date. Payment of a Participant's retirement benefit shall begin no later than his Normal Retirement Date or, if he continues in employment past his Normal Retirement Age, his actual retirement date."

5.

A new Article XI shall be added to the Plan, to read as follows:

"ARTICLE XI

LIMITATIONS ON BENEFITS

Refer to Section 11.05 for the definitions of certain terms used in this Article 11. This Article 11 shall be effective beginning January 1, 1997, except where noted. For periods prior to January 1, 1997, the limitations of Section 415 of the Code, as then applicable, are incorporated herein by reference (with the calendar year as the limitation year), and are deemed to apply to all Participants in the Plan during such years, even if such Participants terminated employment prior to January 1, 1997.

11.0 1. General Rule

The Annual Benefit payable under this Plan to a Participant at any time shall not exceed the Maximum Permissible Amount. "Maximum Permissible Amount" shall mean $90,000 ($160,000, effective for Limitation Years beginning on and after January 1, 2002), as adjusted by the Secretary of the Treasury for each

4722

MUNICIPAL HOME RULE ORDINANCES

calendar year, with the new limitation to apply to Limitation Years ending within the calendar year of the date of the adjustment (the "Dollar Limitation").

11.02. Reduction for Less than Ten Years of Participation or Employment

If the Annual Benefit commences when the Participant has less than ten years of participation in this Plan or any predecessor plan to this Plan, the Dollar Limitation shall be reduced by one-tenth for each year less than ten, but in no event shall be less than one-tenth of the unreduced Dollar Limitation.

11.03 Adjustment if the Annual Benefit Commences Before Age 62 or After Age 65.

If the payment of benefits under this Plan commences before age 62 or after age 65, the Dollar Limitation shall be adjusted as provided in this Section 11.03.

Generally, the age-adjusted Dollar Limitation is the actuarial equivalent of the Dollar Limitation payable at age 62 or age 65, as calculated under (i) or (ii) following, whichever is applicable:
(i) If the age at which the benefit is payable is less than 62:

First, reduce the Dollar Limitation using the interest rate and mortality table, or tabular factors, as applicable, which are set forth in the Plan for the reduction of benefits for early retirement benefits under the Plan. Second, reduce the Dollar Limitation using 5 percent interest and the Applicable Mortality Table. Use the lesser of the amounts determined under the two preceding sentences as the age-adjusted Dollar Limitation under this paragraph (i). For Limitation Years beginning before January 1, 2002, nothing in this paragraph shall reduce the applicable Dollar Limitation below $75,000 if the Annual Benefit begins at or after age 55. Also for Limitation years beginning before January 1, 2002, if the Annual Benefit begins before age 55, nothing in this paragraph shall reduce the Dollar Limitation below the Actuarial Equivalent ofthe $75,000 limitation for age 55.

Notwithstanding the preceding paragraph, if a Participant is a "qualified participant" (e.g., certain police and firefighters) as defined under Internal Revenue Code Section 415(b)(2)(G), such Participant may retire before age sixty-two (62), without a reduction in the Dollar Limitation if at least fifteen (15) years of service is required to receive a full benefit under the Plan.

GEORGIA LAWS 2006 SESSION

4723

(iii) If the age at which the benefit is payable is greater than age 65.

The age-adjusted Dollar Limitation is determined by increasing the Dollar Limitation on an actuarially equivalent basis. The increased age-adjusted Dollar Limitation shall be the amount computed using 5 percent interest and the Applicable Mortality Table.

11.04. Special Rules.

(a) All plans a single plan. For purposes of the maximum limitations of this Article, all defined benefit plans maintained by the Employer shall be considered as a single defined benefit plan, and all defined contribution plans maintained by the Employer shall be considered a single defined contribution plan.

(b) Combined plan limitations. If the Employer maintains, or has any time maintained, one or more qualified defined contribution plans covering any Participant in this Plan, the sum of the Participant's Defined Contribution Fraction and Defined Benefit Fraction shall not exceed 1.0 in any limitation year, and the annual benefit otherwise payable to the Participant under this Plan, and not the defined contribution plan, shall be frozen or reduced to the extent necessary so that the sum of such fractions shall not exceed 1.0. The combined plan limitation described in the preceding sentence shall not apply for any Plan Year beginning on or after January 1, 2000.

(c) Total Annual Benefits Not in Excess of $10,000. Notwithstanding anything contained herein to the contrary, the Annual Benefit payable to a Participant shall not be deemed to exceed the limits of this Article 11 if the Annual Benefit payable to the Participant under this Plan and all other defined benefit plans maintained by the Employer does not exceed $10,000 for the Plan Year or any prior Plan Year, and the Employer has not at any time maintained a defined contribution plan in which the Participant participated.

(d) Exceptions for Disability or Survivors' Benefits. Notwithstanding anything contained herein to the contrary, the adjustment prescribed by Section 11.03(i) for benefits that commence before age 62, and the reduction described in Section 11.02 for fewer than ten (10) years ofparticipation shall not apply to any benefit paid from this Plan on account of a Participant's becoming disabled by reason of personal injuries or sickness, or amounts received by a Beneficiary as a result of the Participant's death. This paragraph shall be interpreted in accordance with Internal Revenue Code Section 415(b)(2)(I) and any regulations thereunder.

4724

MUNICIPAL HOME RULE ORDINANCES

(e) Protection ofpre-1987 benefits. For any Limitation Year before 1987, the limitations prescribed by Section 415 of the Internal Revenue Code as in effect before enactment of the Tax Equity and Fiscal Responsibility Act of 1982 shall apply, and no pension earned under this Plan prior to 1987 shall be reduced on account of the provisions of this Article 11 if it would have satisfied those limitations under such prior law.

11.05. Definitions.

For purposes of this Article 11, the following definitions shall apply:

(a) "Annual Additions" means the sum of the following amounts credited to a Participant's account under a defined contribution plan for the limitation year:

(i) Employer contributions; (ii) Forfeitures;

(iii) Nondeductible employee contributions; provided, however, that the annual addition for any limitation year beginning before January 1, 198 7 shall not be recomputed to treat nondeductible employee contributions as an annual addition; and

(iv) Amounts described in the Internal Revenue Code Sections 415(1)(1) and 419A(d)(2).

(b) "Annual Benefit" means a retirement benefit under the Plan which is payable annually in the form of a straight life annuity. If a Participant's benefit is payable in a Non-Annuity Benefit Form, whether as the normal form of benefit or as an optional form which the. Participant or his beneficiary elects, the Non-Annuity Benefit Form is adjusted to an Annual Benefit as described below. No actuarial adjustment to the Non-Annuity benefit Form is required for (i) the value of a qualified joint and survivor annuity; (ii) the value of benefits that are not directly related to retirement benefits (such as a disability benefit, pre-retirement death benefits, and post-retirement medical benefits); or (iii) the value of post-retirement cost-of-living increases, made in accordance with Treasury Regulations.

To convert a Non-Annuity Benefit Form to an Annual Benefit (i.e., a straight life annuity), first convert the Non-Annuity Benefit Form to a straight life annuity using the interest rate and mortality table, or tabular factors,. as. applicable, which are specified in the Plan for the Non-Annuity Benefit Form. Second, convert the Non-Annuity Benefit Form to an Annual Benefit

GEORGIA LAWS 2006 SESSION

4725

using a 5 percent interest rate and the Applicable Mortality Table. The greater of the amounts determined under the two preceding sentences is the equivalent Annual Benefit.

(c) "Applicable Mortality Table" is the table prescribed by the Secretary of the Treasury in Revenue Ruling 95-6 or any successor thereto which prescribes the mortality table to be applied pursuant to Internal Revenue Code Section 415(b)(2)(E)(v). To the extent that a forfeiture does not occur upon death, the mortality decrement may be ignored prior to age 62 and must be ignored after Social Security Retirement Age, as prescribed by IRS Notice 83-10, Q&A G-3 and Q&A G-4, or any successor thereto.

(d) "Compensation" means the Participant's compensation within the meaning of Code Section 415(c)(3), but (i) for years beginning after January 1, 1998, including any elective deferral (as defined in Code Section 402(g)(3)) and any amount that is contributed or deferred by the Employer at the election of the Participant and is not includible in the Participant's gross income by reason of Code Sections 125, 132(t)(4) or 457; (ii) , as limited by Internal Code Section 401 (a)(17); (iii) subject, for Limitation Years beginning prior to January 1, 1997, to the family aggregation rules described in the definition of Average Compensation in Article 2.

(e) "Defined Benefit Fraction" means a fraction, the numerator of which is the sum of the Participant's Projected Annual Benefits under all the defined benefit plans (whether or not terminated) maintained by the Employer, and the denominator of which is the lesser of (i) 125 percent of the Dollar Limitation in effect for the limitation year under Internal Revenue Code Section 415(b)(1)(A); or (ii) 140 percent ofthe amount that may be taken into account under Code Section 415(b)(1)(B) for such Plan Year. Notwithstanding the foregoing, if the Participant was a Participant in a plan maintained by the Employer and in existence on July 1, 1982, the denominator of this fraction shall not be less than 125 percent of the sum of the annual benefits under such plans which the Participant had accrued as of the end of the last limitation year beginning before January 1, 1983, but determined without regard to changes in the Plan or cost-of-living increases occurring after July 1, 1982. The preceding sentence applies only if the defined benefit plans individually and in the aggregate satisfied the requirements oflnternal Revenue Code Section 415 for all limitation years beginning before January 1, 1983.

(f) "Defined Contribution Fraction" means a fraction, the numerator of which is the sum of the Annual Additions to the Participant's account under all the defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior limitation years, and the denominator

4726

MUNICIPAL HOME RULE ORDINANCES

of which is the sum of the maximum aggregate amounts for the current and all prior limitation years of Employment with the Employer (regardless of whether a defined contribution plan was maintained by the Employer).

The maximum aggregate amount in any limitation year is the lesser of (i) 125 percent of the Dollar Limitation in effect under Internal Revenue Code Section 415(c)(1)(A); or (ii) 35 percent of the Participant's Compensation for such year.

If the Employee was a participant in one or more defined contribution plans maintained by the Employer which were in existence on July 1, 1982, the numerator of this fraction shall be adjusted ifthe sum ofthis fraction and the defined benefit fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, an amount equal to the product of(l) the excess of the sum of the fractions over 1.0 times and (2) the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last limitation year beginning before January 1, 1983.

(g) "Employer" means the City of Macon, Georgia.

(h) "Limitation year" means the calendar year.

(i) "Non-Annuity Benefit Form" means a benefit, whether a normal form or an optional form, which is not payable in a straight life annuity for the life of the Participant.

(j) "Projected Annual Benefit" means the annual benefit to which the Participant would be entitled under the terms of the Plan assuming (i) the Participant will continue Employment until Normal Retirement Age under the Plan (or current age, if later), and (ii) the Participant's Compensation for the current limitation year and all other relevant factors used to determine benefits under the Plan will remain constant for all future limitation years."

CERTIFICATION

I, Joyce R. Humphrey, Clerk of Council, do hereby certify that the attached is a true and correct copy on file in the City Council Office, City Hall, Macon Georgia of Ordinance #0-05-0021 to amend Charter Appendix II ofthe Charter of the City of Macon relating to the Macon Pension and Retirement Systems, Division A by adding new sections as shown on Exhibit A to comply with changes in federal law.

Given under my hand and the seal of the City, this 14th day of July, 2005.

GEORGIA LAWS 2006 SESSION

4727

[SEAL]

sf JOYCE R. HUMPHREY Clerk of Council

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 PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH ON THE FOLLOWING DATES: May 6, 13, 20,2005

SIGNED sf MESCHAEL FIELDS

SWORN TO AND SUBSCRIBED BEFORE ME THIS 29th DAY OF June, 2005.

sf AMANDA D. OWENS NOTARY PUBLIC, BIBB COUNTY, GEORGIA

(Seal)

GEORGIA, BIBB COUNTY PUBLIC NOTICE

The City of Macon proposes to amend Appendices II and III of its Charter so as to provide surviving spouses certain benefits should the spouse die prior to retirement and before choosing an option for retirement, and to provide for compliance with changes in federal law. The proposed charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk, Macon, GA. #20 12394: 5/6,13,20

Filed in the Office ofthe Secretary of State July 19,2005.

4728

MUNICIPAL HOME RULE ORDINANCES

CITY OF MACON -MACON FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM; AMENDMENTS.

Sponsors: Brenda Youmas & Charles Jones

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA, TO AMEND CHARTER APPENDIX III OF THE CHARTER OF THE CITY OF MACON, BY ADDING NEW SECTIONS AS SHOWN ON EXHIBIT A, TO COMPLY WITH CHANGES IN FEDERAL LAW; 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 Appendix III of the Charter of the City of Macon, relating to the Macon Fire and Police Employees Retirement System ( 1969 Ga. Laws, p. 2180) is amended, pursuant to the authority granted 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. 36-35-1, et. seq.) by adding new sections as set out in Exhibit A to comply with changes in federal law. The amendments are attached hereto as Exhibit A and incorporated by reference hereto as if fully set out herein.

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 of the remaining phrases, clauses, sentences, paragraphs and sections ofthis Ordinance.

Section 3.

In accordance with 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., it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Charter 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.

GEORGIA LAWS 2006 SESSION

4729

SO ORDAINED this 3rd day of May, 2005.

s/ ANITA J. PONDER President, City Council

SO ADOPTED this 9th day of May, 2005.

s/ JACK ELLIS Mayor

SO ORDAINED this 17th day ofMay, 2005.

s/ANITA J. PONDER President, City Council

SO ADOPTED this 23rd day of May, 2005.

s/ 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 5-3-2005. Witness my hand and seal of the City of Macon this 5-4-2005.

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE May 4, 2005 RETURNED FROM MAYOR'S OFFICE May 9, 2005 4:15P.M.

City of Macon, Ga.

I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular meeting of the Council of the City of Macon, held 5-17-2005. Witness my hand and seal of the City of Macon this 5-18-2005.

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE May 18, 2005 RETURNED FROM MAYOR'S OFFICE May 23,2005 12:32 P.M.

4730

MUNICIPAL HOME RULE ORDINANCES

EXHIBIT "A"

Amendment to the

MACON FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM

Except where noted, the provisions of this Amendment shall apply only to Employees of the City whose employment with the City terminates on or after January 1, 1997. Ifthe Employee's employment with the Employer terminates prior to such date, the Employee shall be entitled to benefits under the Plan, as the Plan existed on the date of the Employee's termination of employment, except where noted.

l.

The following shall be added to the end of the definition of "Average compensation" in Article I(6):

Except with respect to Qualified Participants (as defined below), for Plan Years beginning on and after January 1, 1996, the compensation taken into account during a Plan Year in calculating a Participant's benefit under this Plan shall not exceed the limitations of Internal Revenue Code Section 40 1(a)(17) in effect as of the beginning of the Plan Year (e.g., $150,000 in 1996,$200,000 in 2002). For purposes of applying the Section 401(a)(17) limit, as adjusted, if any Employee is the spouse or a lineal descendant of an Employee (provided the lineal descendant is younger than age 19 by the end of the Plan Year) who is one of the ten (1 0) "highly compensated employees" (within the meaning of Internal Revenue Code Section 414(q) paid the greatest amount of earnings (determined without regard to the $150,000 limit, as adjusted) during the Plan Year, the Employee shall not be treated as a separate Employee. The preceding sentence shall not, however, apply to any Plan Year that begins on or after January 1, 1997.

The limit described in the previous paragraph shall not apply to any Qualified Participant. A Qualified Participant is any Participant who first became a Participant in the Plan before January 1, 1996.

Notwithstanding the general rule that the provisions of this amendment do not apply to individuals who had a termination of employment before January 1, 1997, this limit on Compensation shall be effective as to such Participants, as well as to individuals who are Participants on and after January 1, 1997.

GEORGIA LAWS 2006 SESSION

4731

2.

A new Section (1 0) shall be added to Article IX, Miscellaneous, to read as follows:

(10) USERRA.

Notwithstanding any provision of this Plan to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with Code Section 414(u).

3.

A new Article X shall be added to the Plan, to read as follows:

ARTICLE X

SPECIAL DISTRIBUTION RULES

I. MDIB Rules.

Any optional form ofbenefit and any Beneficiary elected by the Participant must comply with the minimum distribution incidental benefit requirement ofproposed Treasury Regulation 1.401(a)(9)-2, or its successor. This rule ensures that the retirement benefits payable under the Plan are more than incidental.

II. Commencement of Benefits.

(a) Age 70 1/2. Notwithstanding anything contained herein to the contrary, the Plan Administrator shall direct that payment of a Participant's Normal Retirement Pension commence by the First day of April in the calendar year following the later of (a) the calendar year in which the Participant attains age 70 1/2, or (b) the calendar year in which the Participant retires. If, as of the date that this amended and restated Plan is adopted, a Participant in active employment with the Employer is receiving distributions on account of his having attained age 70 1/2, the Participant shall continue to receive Plan distributions.

If a Participant has turned age 70 l/2 by the date that this amended and restated Plan is adopted, and has an Accrued Benefit under the Plan as of December 31, 1996, his benefit payments shall commence by April 1 following the calendar year in which the Participant attains age 70 1/2, regardless of whether the Participant is then employed by the Employer.

4732

MUNICIPAL HOME RULE ORDINANCES

(b) Normal Retirement Date. Payment of a Participant's retirement benefit shall begin no later than his Normal Retirement Date or, if he continues in employment past his Normal Retirement Age, his actual retirement date.

4.

A new Article XI shall be added to the Plan, to read as follows:

ARTICLE XI

LIMITATIONS ON BENEFITS

Refer to Section 11.05 for the definitions of certain terms used in this Article XI.

This Article XI shall be effective beginning January 1, 1997, except where noted. For periods prior to January 1, 1997, the limitations of Section 415 of the Code, as then applicable, are incorporated herein by reference (with the calendar year as the limitation year), and are deemed to apply to all Participants in the Plan during such years, even if such Participants terminated employment prior to January 1, 1997.

11.01 General Rule

The Annual Benefit payable under this Plan to a Participant at any time shall not exceed the Maximum Permissible Amount. "Maximum Permissible Amount" shall mean $90,000 ($160,000, effective for Limitation Years beginning on and after January 1, 2002), as adjusted by the Secretary of the Treasury for each calendar year, with the new limitation to apply to Limitation Years ending within the calendar year of the date of the adjustment (the "Dollar Limitation").

11.02 Reduction for Less than Ten Years of Participation or Employment.

If the Annual Benefit commences when the Participant has less than ten years of participation in this Plan or any predecessor plan to this Plan, the Dollar Limitation shall be reduced by one-tenth for each year less than ten, but in no event shall be less than one-tenth of the unreduced Dollar Limitation.

11.03 Adjustment if the Annual Benefit Commences Before Age 62 or After Age 65.

If the payment of benefits under this Plan commences before age 62 or after age 65, the Dollar Limitation shall be adjusted as provided in this Section 11.03.

GEORGIA LAWS 2006 SESSION

4733

Generally, the age-adjusted Dollar Limitation is the actuarial equivalent of the Dollar Limitation payable at age 62 or age 65, as calculated under (i) or (ii) below, whichever is applicable:

(i) If the age at which the benefit is payable is less than 62:

First, reduce the Dollar Limitation using the interest rate and mortality table, or tabular factors, as applicable, which are set forth in the Plan for the reduction of benefits for early retirement benefits under the Plan. Second, reduce the Dollar Limitation using 5 percent interest and the Applicable Mortality Table. Use the lesser of the amounts determined under the two preceding sentences as the age-adjusted Dollar Limitation under this paragraph (i). For Limitation Years beginning before January I, 2002, nothing in this paragraph shall reduce the applicable Dollar Limitation below $75,000 if the Annual Benefit begins at or after age 55. Also for Limitation years beginning before January I, 2002, if the Annual Benefit begins before age 55, nothing in this paragraph shall reduce the Dollar Limitation below the Actuarial Equivalent of the $75,000 limitation for age 55.

Notwithstanding the preceding paragraph, if a Participant is a "qualified participant" (e.g., certain police and firefighters) as defined under Internal Revenue Code Section 4I5(b)(2)(G), such Participant may retire before age sixty-two (62), without a reduction in the Dollar Limitation, if at least fifteen ( I5) years of service is required to receive a full benefit under the Plan.

(iii) If the age at which the benefit is payable is greater than age 65:

The age-adjusted Dollar Limitation is determined by increasing the Dollar Limitation on an actuarially equivalent basis. The increased age-adjusted Dollar Limitation shall be the amount computed using 5 percent interest and the Applicable Mortality Table.

I1.04 Special Rules.

(a) All plans a single plan. For purposes of the maximum limitations of this Article, all defined benefit plans maintained by the Employer shall be considered as a single defined benefit plan, and all defined contribution plans maintained by the Employer shall be considered a single defined contribution plan.

(b) Combined plan limitations. If the Employer maintains, or has any time maintained, one or more qualified defined contribution plans covering any Participant in this Plan, the sum of the Participant's Defined Contribution Fraction and Defined Benefit Fraction shall not exceed I.O in any limitation

4734

MUNICIPAL HOME RULE ORDINANCES

year, and the annual benefit otherwise payable to the Participant under this Plan, and not the defined contribution plan, shall be frozen or reduced to the extent necessary so that the sum ofsuch fractions shall not exceed 1.0. The combined plan limitation described in the preceding sentence shall not apply for any Plan Year beginning on or after January I, 2000.

(c) Total Annual Benefits Not in Excess of $10,000. Notwithstanding anything contained herein to the contrary, the Annual Benefit payable to a Participant shall not be deemed to exceed the limits of this Article II if the annual benefit payable to the Participant under this Plan and all other defined benefit plans maintained by the Employer does not exceed $10,000 for the Plan Year or any prior Plan Year, and the Employer has not at any time maintained a defined contribution plan in which the Participant participated.

(d) Exceptions for Disability or Survivors' Benefits. Notwithstanding anything contained herein to the contrary, the adjustment prescribed by Section 11.03(i) for benefits that commence before age 62, and the reduction described in Section 11.02 for fewer than ten (1 0) years ofparticipation shall not apply to any benefit paid from this Plan on account of a Participant's becoming disabled by reason of personal injuries or sickness, or amounts received by a Beneficiary as a result of the Participant's death. This paragraph shall be interpreted in accordance with Internal Revenue Code Section 415(b)(2)(1) and any regulations thereunder.

(e) Protection ofpre-1987 benefits. For any Limitation Year before 1987, the limitations prescribed by Section 415 of the Internal Revenue Code as in effect before enactment of the Tax Equity and Fiscal Responsibility Act of 1982 shall apply, and no pension earned under this Plan prior to 19 87 shall be reduced on account of the provisions of this Article 11 if it would have satisfied those limitations under such prior law.

11.05 Definitions.

For purposes of this Article 11, the following definitions shall apply:

(a) "Annual Additions" means the sum of the following amounts credited to a Participant's account under a defined contribution plan for the limitation year:

(i) Employer contributions;

(ii) Forfeitures;

GEORGIA LAWS 2006 SESSION

4735

(iii) Nondeductible employee contributions; provided, however, that the annual addition for any limitation year beginning before January 1, 1987 shall not be recomputed to treat nondeductible employee contributions as an annual addition; and

(iv) Amounts described in Internal Revenue Code Sections 415(1)(1) and 419A(d)(2).

(b) "Annual Benefit" means a retirement benefit under the Plan which is payable annually in the form of a straight life annuity. If a Participant's benefit is payable in a Non-Annuity Benefit Form, whether as the normal form of benefit or as an optional form that the Participant or his beneficiary elects, the Non-Annuity Benefit Form is adjusted to an Annual Benefit as described below. No actuarial adjustmentto the Non-Annuity Benefit Form is required for (i) the value of a qualified joint and survivor annuity; (ii) the value of benefits that are not directly related to retirement benefits (such as a disability benefit, pre-retirement death benefits, and post-retirement medical benefits); or (iii) the value of post-retirement cost-of-living increases made in accordance with Treasury Regulations.

To convert a Non-Annuity Benefit Form to an Annual Benefit (i. e., a straight life annuity), first convert the Non-Annuity Benefit Form to a straight life annuity using the interest rate and mortality table, or tabular factors, as applicable, which are specified in the Plan for the Non-Annuity Benefit Form. Second, convert the Non-Annuity Benefit Form to an Annual Benefit using a 5 percent interest rate and the Applicable Mortality Table. The greater of the amounts determined under the two preceding sentences is the equivalent Annual Benefit.

(c) "Applicable Mortality Table" is the table prescribed by the Secretary of the Treasury in Revenue Ruling 95-6 or any successor thereto which prescribes the mortality table to be applied pursuant to Internal Revenue Code Section 415(b)(2)(E)(v). To the extent that a forfeiture does not occur upon death, the mortality decrement may be ignored prior to age 62 and must be ignored after Social Security Retirement Age, as prescribed by IRS Notice 83-10, Q&A G-3 and Q&A G-4, or any successor thereto.

(d) "Compensation" means the Participant's compensation within the meaning of Code Section 415(c)(3), but (i) for years beginning after January 1, 1998, including any elective deferral (as defined in Code Section 402(g)(3)) and any amount that is contributed or defined by the Employer at the election of the Participant and is not includible in the Participant's gross income by reason of Code Sections 125, 132(t)(4) or 457; (ii) as limited by Internal Code Section 40 1(a)(17); (iii) subject, for Limitation Years beginning prior

4736

MUNICIPAL HOME RULE ORDINANCES

to January 1, 1997, to the family aggregation rules described in the definition of Average Compensation in Article 2.

(e) "Defined Benefit Fraction" means a fraction, the numerator of which is the sum of the Participant's Projected annual Benefits under all the defined benefit plans (whether or not terminated) maintained by the Employer, and the denominator of which is the lesser of (i) 125 percent of the Dollar Limitation in effect for the limitation year under Internal Revenue Code Section 415(b)(l)(A); or (ii) 140 percent of the amount that may be taken into account under Code Section 415(b)(l)(B) for such Plan Year. Notwithstanding the foregoing, if the Participant was a Participant in a plan maintained by the Employer and in existence on July 1, 1982, the denominator of this fraction shall not be less than 125 percent of the sum of the annual benefits under such plans which the Participant had accrued as of the end of the last limitation year beginning before January 1, 1983, but determined without regard to changes in the Plan or cost-of-living increases occurring after July 1, 1982. The preceding sentence applies only if the defined benefit plans individually and in the aggregate satisfied the requirements of Internal Revenue Code Section 415 for all limitation years beginning before January 1, 1983.

(f) "Defined Contribution Fraction" means a fraction, the numerator of which is the sum of the Annual Additions to the Participant's account under all the defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior limitation years, and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior limitation years of Employment with the Employer (regardless of whether a defined contribution plan was maintained by the Employer).

The maximum aggregate amount in any limitation year is the lesser of (i) 125 percent of the Dollar Limitation in effect under Internal Revenue Code Section 415(c)(l)(A); or (ii) 35 percent of the Participant's Compensation for such year.

If the Employee participated in one or more defined contribution plans maintained by the Employer that were in existence on July 1, 1982, the numerator of this fraction shall be adjusted if the sum of this fraction and the defined benefit fraction would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, an amount equal to the product of(l) the excess ofthe sum of the fractions over 1.0 times (2) the denominator of this fraction will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions, as they would be computed as of the end ofthe last limitation year beginning before January 1, 1983.

GEORGIA LAWS 2006 SESSION

4737

(g) "Employer" means the City of Macon, Georgia.

(h) "Limitation year" means the calendar year.

(i) "Non-Annuity Benefit Form" means a benefit, whether a normal form or an optional form, which is not payable in a straight life annuity for the life of the Participant.

U) "Projected Annual Benefit" means the annual benefit to which the Participant would be entitled under the terms of the Plan assuming (i) the Participant will continue Employment until Normal Retirement Age under the Plan (or current age, iflater), and (ii) the Participant's Compensation for the current limitation year and all other relevant factors used to determine benefits under the Plan will remain constant for all future limitation years.

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 PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH ON THE FOLLOWING DATES: Aprill6, 23, 30

SIGNED

SWORN TO AND SUBSCRIBED BEFORE ME THIS 30th DAY OF June, 2005

s/ AMANDA D. OWENS NOTARY PUBLIC, BIBB COUNTY, GEORGIA (Seal)

GEORGIA, BIBB COUNTY PUBLIC NOTICE

The City of Macon proposes to amend Appendices II and Ill of its Charter so as to provide surviving spouses certain benefits should the spouse die prior to retirement and before choosing an option and to provide for compliance with changes in federal law. The proposed charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk, Macon, GA. #1996722: 4/16,23,30

4738

MUNICIPAL HOME RULE ORDINANCES

Filed in the Office ofthe Secretary of State July 19,2005.

CITY OF MACON- MACON PENSIONS AND RETIREMENT SYSTEM; DEATH OF EMPLOYEE AFTER BECOMING ELIGIBLE FOR RETIREMENT.
FLOOR AMENDMENT
Sponsors: Timley & Youmas
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND APPENDIX II OF THE CHARTER OF THE CITY OF MACON, RELATING TO THE MACON PENSIONS AND RETIREMENT SYSTEM, DIVISION A SO AS TO AMEND ARTICLE VI, SECTION 6.1 BY ADDING A NEW SECTION (c) TO PROVIDE THAT IF AN EMPLOYEE DIES AFTER BECOMING ELIGIBLE TO RETIRE BUT BEFORE APPLYING FOR RETIREMENT, AND SUCH MEMBER IS SURVIVED BY A SPOUSE, THE SURVIVING SPOUSE SHALL BE ENTITLED TO RECEIVE A BENEFIT AS IF THE MEMBER HAD ELECTED TO RECEIVE ONE HUNDRED PERCENT ( 100%) OF THE MEMBER'S BENEFITS AS PROVIDED IN ART. VI, SECTION 6,1 (a), SUCH BENEFITS TO COMMENCE ON THE FIRST DAY OF THE MONTH IMMEDIATELY FOLLOWING THE DEATH OF THE EMPLOYEE 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 Appendix II of the Charter of the City of Macon, relating to the Macon Pension and Retirement System, is amended pursuant to the authority granted 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. 36-35-1, et seq.), by amending Article VI, Section 6.1 by adding a new Section (c) providing that if an employee dies after becoming eligible to retire but before applying for retirement, and such member is survived by a spouse, the surviving spouse shall be entitled to receive a benefit as if the member had elected to receive one hundred percent (I 00) of the member's benefits as provided in Art. VI, Section 6.1, (a) such benefits to commence on the first day of the month immediately following the death of the employee.
ARTICLE VI. OPTIONAL RETIREMENT BENEFITS
"(c) If an employee dies after becoming eligible to retire but before applying for retirement, and such member is survived by a spouse, the surviving spouse shall be entitled to receive a benefit as if the member had elected to receive one hundred percent (100) of the member's benefits as provided in ART. VI, SEC. 6.1 (a) such

GEORGIA LAWS 2006 SESSION

4739

benefits to commence on the first day of the month immediately following the death of the employee."

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 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., it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Charter ofthe 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.

SO ORDAINED this 3rd day of May, 2005

sf ANITA J. PONDER President, City Council

SO ADOPTED this 9th day of May, 2005.

sf JACK ELLIS Mayor

SO ORDAINED this 17th day ofMay, 2005.

sf ANITA J. PONDER President, City Council

SO APPROVED this 23rd day of May, 2005.

sf JACK ELLIS Mayor

4740

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 ofthe City ofMacon, held 5-3-2005. Witness my hand and seal of the City of Macon this 5-4-2005.

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE May 4, 2005 RETURNED FROM MAYOR'S OFFICE May 9, 2005 4:15P.M.

City of Macon, Ga.

I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 5-17-2005. Witness my hand and seal of the City of Macon this 5-18-2005.

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE May 18, 2005 RETURNED FROM MAYOR'S OFFICE May 23,2005 12:32 P.M.

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 PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH ON THE FOLLOWING DATES: April16, 23, 30

SIGNED s/ MESCHAEL FIELDS

SWORN TO AND SUBSCRIBE BEFORE ME THIS 30th DAY OF June, 2005

s/AMANDA D. OWENS NOTARY PUBLIC, BIBB COUNTY, GEORGIA [SEAL]

GEORGIA LAWS 2006 SESSION

4741

GEORGIA, BIBB COUNTY PUBLIC NOTICE
The City of Macon proposes to amend Appendices II and III of its Charter so as to provide surviving spouses certain benefits should the spouse die prior to retirement and before choosing an option and to provide for compliance with changes in federal law. The proposed charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk, Macon, GA. #1996722: 4/16,23,30

Filed in the Office of the Secretary of State July 19, 2005.

FLOOR AMENDMENT
Sponsors: Youmas and Jones
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND APPENDIX III OF THE CHARTER OF THE CITY OF MACON, RELATING TO MACON FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM ( 1969 GA. LAWS, PAGE 2801 ET SEQ.) SO AS TO AMEND ARTICLE IV-A, (4) BY ADDING A NEW SECTION (C) TO PROVIDE THAT IF AN EMPLOYEE DIES AFTER BECOMING ELIGIBLE TO RETIRE BUT BEFORE APPLYING FOR RETIREMENT, AND SUCH MEMBER IS SURVIVED BY A SPOUSE, THE SURVIVING SPOUSE SHALL BE ENTITLED TO RECEIVE A BENEFIT AS IF THE MEMBER HAD ELECTED TO RECEIVE ONE HUNDRED PERCENT (100%) OF THE MEMBER'S BENEFITS AS PROVIDED IN ART. IV-A (1)(b)OPTION 2, SUCH BENEFITS TO COMMENCE ON THE FIRST DAY OF THE MONTH IMMEDIATELY FOLLOWING THE DEATH OF THE EMPLOYEE; 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 Appendix III of the Charter ofthe City ofMacon, relating to the Fire and Police Employees Retirement System (1969 Ga. Laws, page 2801) is amended pursuant to the authority granted 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. 36-35-1, et seq.), by amending Article IV-A (4) by adding a new Section (c) providing that if an employee dies after becoming eligible to retire but before applying for retirement, and such member is survived by a spouse, the surviving spouse shall be entitled to receive a benefit as if the member had elected to receive one hundred percent ( 100%) of the member's benefits as provided in Art. IV-A (l)(b) Option 2, such benefits to commence on the first day of the month immediately following the death of the employee the new subsection (c) to read as follows:

4742

MUNICIPAL HOME RULE ORDINANCES

ARTICLE IV-A. OPTIONAL RETIREMENT BENEFITS

(4) DEATH BEFORE RETIREMENT

"(c) If an employee dies after becoming eligible to retire but before applying for retirement, and such member is survived by a spouse, the surviving spouse shall be entitled to receive a benefit as if the member had elected to receive one hundred percent (100%) of the member's benefits as provided in ART. IV-A (l)(b) OPTION 2, such benefits to commence on the first day of the month immediately following the death of the employee."

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 of the remaining phrases, clauses, sentences, paragraphs and sections ofthis Ordinance.

Section 3.

In accordance with Sec. l-4(c) of the Code of Ordinances of the City ofMacon, 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.

SO ORDAINED this 3rd day of May, 2005.

s/ ANITA J. PONDER President, City Council

SO ADOPTED this 9th day ofMay, 2005.

sl JACK ELLIS Mayor

SO ORDAINED this 17th day ofMay, 2005.

sl ANITA J. PONDER President, City Council

GEORGIA LAWS 2006 SESSION

4743

SO APPROVED this 23rd day of May, 2005.

s/ 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 5-3-2005. Witness my hand and seal of the City of Macon this 5-4-2005.

s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE May 4, 2005 RETURNED FROM MAYOR'S OFFICE May 9, 2005 4:15P.M.

City of Macon, Ga.

I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting ofthe Council of the City of Macon, held 5-17-2005. Witness my hand and seal of the City of Macon this 5-18-2005.

sl JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE May 18, 2005 RETURNED FROM MAYOR'S OFFICE May 23,2005 12:32 P.M.

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 PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH ON THE FOLLOWING DATES: Aprill6, 23, 30

SIGNED s/ MESCHAEL FIELDS

4744

MUNICIPAL HOME RULE ORDINANCES

SWORN TO AND SUBSCRIBED BEFORE ME THIS 30th DAY OF June, 2005

s/AMANDA D. OWENS NOTARY PUBLIC, BIBB COUNTY, GEORGIA [SEAL]

GEORGIA, BIBB COUNTY PUBLIC NOTICE

The City of Macon proposes to amend Appendices II and III of its Charter so as to provide surviving spouses certain benefits should the spouse die prior to retirement and before choosing an option and to provide for compliance with changes in federal law. The proposed charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk, Macon, GA. #1996722: 4/16,23,30

Filed in the Office of the Secretary of State July 19, 2005.

CITY OF GAINESVILLE-MAYOR AND COUNCIL; BUDGETS.
Filed in Clerk's Office 05-13-05 Published 05-17-05 Published 05-24-05 Published 05-31-05
First Reading 06-07-05 Passed 06-21-05
AN ORDINANCE
HR-2005-01
AN ORDINANCE TO AMEND CHAPTER 4 ENTITLED "FINANCIAL AND FISCAL" OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA, AS AUTHORIZED BY THE OFFICIAL CODE OF GEORGIA 36-35-3; BY AMENDING SECTION 4.51 TO ALLOW THE CITY COUNCIL TO APPROVE ADDITIONAL SUPPLEMENTAL BUDGETARY POLICIES AND PROCEDURES; TO AMEND SECTION 4.54(a) TO ALLOW APPROPRIATIONS FROM ANY FUND SHALL NOT EXCEED THE ESTIMATED REVENUES AND APPROPRIATED FUND BALANCE; TO AMEND SECTION 4.54(c) TO DELETE THE USE OF ALLOTMENTS; TO AMEND SECTION 4.55 TO COMPLY WITH THE LAWS OF GEORGIA; TO AMEND SECTION 4.58 TO PROVIDE THE TIME IN WHICH THE CITY

GEORGIA LAWS 2006 SESSION

4745

MANAGER SHALL SUBMIT TO THE COUNCIL A PROPOSED CAPITAL IMPROVEMENT BUDGET; 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. 51 of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows:

Section 4.5 1. Preparation of budget. The Council shall provide by ordinance the procedures and requirements for
the preparation and execution of an annual budget. The Council may also approve by resolution additional, supplemental budgetary policies and procedures that shall be consistent with this Charter and the City Code.

SECTION II. Section 4.54(a) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows:

Section 4.54. Action by council. (a) The Council may amend the operating budget proposed by the City
Manager; except, that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this Charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated revenues and appropriated fund balance.

SECTION III. Section 4.54(c) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows:

Section 4.54. Action by council. (c) The amount set out in the adopted operating 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 to which it is chargeable, except as provided in section 4.56 of this Charter.

SECTION IV. Section 4.55 ofthe Charter ofthe City ofGainesville, Georgia is hereby amended to read as follows:

4746

MUNICIPAL HOME RULE ORDINANCES

Section 4.55 Property tax levies. As the next order of business following the adoption of the operating budget,
the Council shall levy by ordinance an annual tax on all real and personal property within the City of Gainesville which is subject to ad valorem tax. The tax rate set by such ordinance shall be such that reasonable estimate of revenues from such levy shall at least be sufficient, together with other anticipated revenues and appropriated fund balances to equal the total amount appropriated.

SECTION V. Section 4.58(a) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows:

Section 4.58. Capital improvements budget. (a) On or before a date fixed by the Council, but not later than forty-five (45)
days prior to the beginning of each fiscal year, the City Manager shall submit to the Council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The Council shall have power to accept with or without amendments or reject the proposed programs and proposed means of financing.

SECTION VI. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed.

SECTION VII. 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 VIII. This Ordinance is enacted as an amendment to the 1979 Charter Laws of the City of Gainesville, Georgia.

SECTION IX. The effective date of this Ordinance shall be upon approval by the City Council of the City of Gainesville.

CERTIFIED ORDINANCE

STATE OF GEORGIA COUNTY OF HALL

This is to certify that I am City Clerk of the City Council ofthe City of Gainesville. As such, I keep its official records, including its minutes, and in that capacity do

GEORGIA LAWS 2006 SESSION

4747

certify that Ordinance Number HR 2005-01 was approved during the June 21,2005 Council Meeting.

Witness of my official signature and seal this 21st day of June, 2005.

s/ DENISE 0. JORDAN Denise 0. Jordan City Clerk (Seal)

AFFIDAVIT OF PUBLICATION

State of Georgia County of Hall

Personally appeared before the undersigned, Trent Sexton, who having been duly sworn, on oath, says that he is the Classified Rep. of THE TIMES, and that the attached Advertisement was published in THE TIMES under:

PUBLIC NOTICE Ad #56075 MAY 17, 24, 31,2005

s/ TRENT SEXTON Trent Sexton, Affiant

Sworn to and Subscribed before me This 28 day of June, 2005

s/ COURTNEY SMITH Notary Public, Hall County, Georgia My Commission Expires September 9, 2006

Home Rule Ordinance HR-2005-01

AN ORDINANCE TO AMEND CHAPTER 4 ENTITLED "FINANCIAL AND FISCAL" OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA, AS AUTHORIZED BY THE OFFICIAL CODE OF GEORGIA 36-35-3; BY AMENDING SECTION 4.51 TO ALLOW THE CITY COUNCIL TO APPROVE ADDITIONAL SUPPLEMENTAL BUDGETARY POLICIES AND PROCEDURES; TO AMEND SECTION 4.54(a) TO ALLOW APPROPRIATIONS FROM ANY FUND SHALL NOT EXCEED THE ESTIMATED REVENUES AND APPROPRIATED FUND BALANCE; TO

4748

MUNICIPAL HOME RULE ORDINANCES

AMEND SECTION 4.54(c) TO DELETE THE USE OF ALLOTMENTS; TO AMEND SECTION 4.55 TO COMPLY WITH THE LAWS OF GEORGIA; TO AMEND SECTION 4.58 TO PROVIDE THE TIME IN WHICH THE CITY MANAGER SHALL SUBMIT TO THE COUNCIL A PROPOSED CAPITAL IMPROVEMENT BUDGET; 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 City Clerk for the City ofGainesville and a copy of the 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. #56075 5117, 24, 31

Filed in the Office ofthe Secretary of State August 22,2005.

CITY OF BALDWIN-MAYOR AND COUNCIL; COMPENSATION.
PUBLISHED JUNE 28, 2005 PUBLISHED JULY 5, 2005
PUBLISHED JULY 12, 2005 FIRST READING JULY 11, 2005
PASSED 7/25/05
AN ORDINANCE NO. 0029-103
AN ORDINANCE TO AMEND THE CITY CHARTER OF THE CITY OF BALDWIN, GEORGIA, TO INCREASE THE SALARIES FOR THE MAYOR AND COUNCILMEMBERS PURSUANT TO O.C.G .A. 36-35-4; TO PROVIDE A SALARY FOR THE MAYOR OF $150.00 PER CITY COUNCIL MEETING FOR EACH MEETING ATTENDED; TO PROVIDE A SALARY FOR EACH COUNCILMEMBER OF $100.00 PER CITY COUNCIL MEETING FOR EACH MEETING ATTENDED; TO DEFINE MEETINGS THAT QUALIFY AS CITY COUNCIL MEETINGS; TO REPEAL CONFLICTING PROVISIONS OF THE CHARTER AND FOR OTHER PURPOSES.
WHEREAS, the City Council of the City of Baldwin, Georgia, is authorized by O.C.G.A. 36-35-4, to enact an Ordinance setting the salary for the Mayor and each Councilmember of the City Council and
WHEREAS, the proper administration of the City necessitates a sacrifice of time and effort, for which, the Mayor and each Councilmember should be partially compensated;

GEORGIA LAWS 2006 SESSION

4749

NOW, THEREFORE, be it ordained by the City Council of the City of Baldwin, Georgia, and it is hereby ordained by the authority of same, as follows:

Section 1. AMENDMENT OF SECTION 2-6 OF THE CITY CHARTER.

Section 2-6 of the City Charter (Ga.L. 1986, p. 5598) is hereby amended, by adding the following subparagraph (d) to said section which shall read as follows:

(d) In accordance with Section 2.6.(c), the salary for Mayor of the City of Baldwin, Georgia shall be set at $150.00 per City Council meeting for each meeting attended by the Mayor. The salary for each Councilmember ofthe City ofBaldwin, Georgia shall be set at $100.00 per City Council meeting for each meeting attended by the Councilmember. As used within this Ordinance, the term, "City Council meeting" shall include but not be limited to, each meeting of the City Council of the City of Baldwin, Georgia, including each regularly scheduled meeting, each emergency meeting, each work session, and each specially called meeting of the City Council of the City of Baldwin, Georgia. Further, should a City Council meeting continue for or occur on two or more days, then the salary provided herein shall be paid for each day of the meeting.

Section 2. EFFECTIVE DATE.

The Ordinance is hereby adopted and effective upon passage, with the salary increase to become effective upon the first day of January, 2006, the public health, safety, and general welfare demanding it.

Section 3. REPEAL OF CONFLICTING ORDINANCES.

The Charter and all Ordinances that are in conflict with this Ordinance, are repealed to the extent of the conflict.

BALDWIN CITY COUNCIL

By: sf MARK REED Mayor

sf MITCHELL GAILEY Council person

sf ROBERT BOHANNON Council person

sf BEVERLY HOLCOMB Council person

4750

MUNICIPAL HOME RULE ORDINANCES

s/ JEFF BOHANNON Council person

Attest:

s/ RAY HOLCOMB Council person

s/ BETTY HARPER City Clerk

IN THE SUPERIOR COURT OF HABERSHAM COUNTY STATE OF GEORGIA

IN RE:

THE CITY OF



BALDWIN, GEORGIA;

SALARY INCREASE FOR THE

MAYOR AND COUNCIL OF

BALDWIN



DOCKET NO. _______

FILING NOTICE OF SALARY INCREASE

Comes now, the Mayor and City Council of the City of Baldwin, Georgia, by and through the City Attorney for the City of Baldwin, Georgia, R. David Syfan, and files a certified copy of the amendment to the City Charter providing for a salary increase for the Mayor and Council, a copy of the required notice of publication, and an affidavit of a duly authorized representative of TheN ortheast Georgian in which the notice as to the proposed salary increase was published, pursuant to O.C.G.A. 36-35-5. The salary increase shall be effective January I, 2006.
This 15th day of August, 2005.

HULSEY, OLIVER & MAHAR, LLP

P. 0. Box 1457 Gainesville, Georgia 30503 770.532.6312

s/ R. DAVID SYFAN R. David Syfan Georgia Bar No. 695565 Attorney for the City of Baldwin, Georgia

GEORGIA LAWS 2006 SESSION

4751

CERTIFICATION

Comes now, R. David Syfan, the City Attorney of the City of Baldwin, Georgia, and pursuant to the direction and authorization of the City Council of the City of Baldwin, Georgia, hereby certifies that this copy ofthe home-rule ordinance which amends the City Charter for the City of Baldwin, Georgia, is true, correct and accurate. I make this certification in order to conform to the requirements of O.C.G.A. 36-35-5, and I will see to the proper filing of this charter amendment with the Secretary of State ofthe State of Georgia, and with the Habersham County Superior Court Clerk.

s/ R. DAVID SYFAN R. David Syfan City Attorney

Sworn to and subscribed before me this 15th day of August, 2005.

s/ LYNN CHANDLER Notary Public, Hall County, Georgia My Commission Expires August 1, 2006 (Attach Notary Seal) [SEAL]

STATE OF GEORGIA COUNTY OF HABERSHAM

AFFIDAVIT OF PUBLICATION

Personally appearing before the undersigned officer, duly authorized to administer oaths in the State of Georgia, comes John D. Solesbee, whose title is Publisher-The Northeast Georgian, and states under oath that the Legal Advertisement attached hereto and referenced herein below:

Notice as to Proposed Amendment to the City Charter to Provide for a Salary Increase for the Mayor and Each Councilmember of the City Council of the City of Baldwin, Georgia

was published in The Northeast Georgian, the legal organ for the County of Habersham, State of Georgia, on the following date(s):

June 28, July 5 & July 12, 2005

4752

MUNICIPAL HOME RULE ORDINANCES

BY: s/ JOHN D. SOLESBEE John D. Solesbee

Sworn to and Subscribed Before me this the 5th day of August, 2005

s/ JAMES E. DEMPSEY, JR. James E. Dempsey, Jr. NOTARY PUBLIC [SEAL]

NOTICE AS TO PROPOSED AMENDMENT TO THE CITY CHARTER TO PROVIDE FOR A SALARY INCREASE FOR THE MAYOR AND EACH COUNCILMEMBER OF THE CITY COUNCIL OF BALDWIN GEORGIA
Notice is given that the Mayor and Council of Baldwin, Georgia shall conduct public meetings at City Hall, 130 Airport Road, Baldwin, Georgia at 7:00p.m. on Monday July 11, 2005 to have a first reading, and on Monday, July 25, 2005 to have the proposed passage of an Ordinance to amend the City Charter to provide for a salary increase for the Mayor and each Councilmember of the City Council of the City of Baldwin, Georgia which includes the following matters:
AN ORDINANCE TO AMEND THE CITY CHARTER OF THE CITY OF BALDWIN, GEORGIA, TO INCREASE THE SALARIES FOR THE MAYOR AND COUNCILMEMBERS PURSUANT TO O.C.G.A. 36-35-4; TO PROVIDE A SALARY FOR THE MAYOR OF $150.00 PER CITY COUNCIL MEETING FOR EACH MEETING ATTENDED; TO PROVIDE A SALARY FOR EACH COUNCILMEMBER OF $100.00 PER CITY COUNCIL MEETING FOR EACH MEETING ATTENDED; TO DEFINE MEETINGS THAT QUALIFY AS CITY COUNCIL MEETINGS; TO REPEAL CONFLICTING PROVISIONS OF THE CHARTER AND FOR OTHER PURPOSES.
A copy of the proposed Ordinance to amend the City Charter of the City of Baldwin, Georgia, to provide for a salary increase for the Mayor and each councilmember of the City Council ofthe City ofBaldwin, Georgia is available for inspection through the City Clerk, Betty Harper, at Baldwin City Hall, 130 Airport Road, Baldwin, Georgia and in the office of the Clerk of the Superior Court of Habersham County at the Habersham County Courthouse in Clarkesville, Georgia. The public is invited to attend and observe both meetings.
R. David Syfan Attorney at Law for the City of Baldwin, Georgia
Filed in the Office of the Secretary of State August 22, 2005.

GEORGIA LAWS 2006 SESSION

4753

TOWN OF TRION- MUNICIPAL COURT; POWERS.

ORDINANCE TO AMEND CHARTER OF THE TOWN OF TRION

Whereas, the Town of Trion, Georgia by virtue and with authority of Article IX,
II, 'I! II of the Georgia Constitution and O.C.G.A. 36-35-3, has been granted
authority to pass an ordinance to amend its charter; and

Whereas, the Town of Trion was incorporated pursuant to an act of the General Assembly approved on December 18, 1897 (Ga. L. 1897, page 352), as amended, and

Whereas, the Town of Trion has determined that a need exists for amending certain provisions of the Act; and

Whereas, notice has been provided in accordance with the requirements of O.C.G.A. 36-5-3.

Now therefore be it ordained by the Mayor and Council ofthe Town of Trion as follows, to wit:

SECTION ONE

Section Nine of Ga. L. 1897, page 352, is hereby amended by striking said section in its entirety and substituting in lieu thereof the following:

Section Nine. The judge of the municipal court of the Town of Trion, Georgia is hereby authorized to impose punishment for each violation of any ordinance or law of the Town by imposing a fine in an amount not to exceed $1 ,000.00, imprisonment not to exceed six months, and/or community service not to exceed thirty days.

SECTION TWO

This amendment shall be effective as of October 1, 2005. All laws, resolutions, ordinances and parts of same in conflict with this ordinance are hereby repealed.

So adopted this 28th day of July, 2005.

s/ LANNY THOMAS LANNY THOMAS, Mayor Town of Trion [SEAL]

4754

MUNICIPAL HOME RULE ORDINANCES

The above and foregoing Ordinance to Amend Charterofthe Town of Trion was duly adopted at two regularly adopted meetings of the Town Council held on June 23, 2005 and July 28, 2005 and was duly entered upon the minutes of the Clerk of the Town of Trion.
This 29th day of July, 2005

sf TODD THOMAS Clerk, Town ofTrion [SEAL]

CERTIFICATION OF CLERK OF TOWN OF TRION
STATE OF GEORGIA CHATTOOGA COUNTY
This is to certify that the foregoing attached 2 pages constitute a true and correct copy of that ordinance adopted by the Mayor and Council ofthe Town of Trion on July 28, 2005 and June 23rd, 2005 and entered upon the minutes of said Town.
This 29th day of July, 2005.

sf TODD THOMAS TODD THOMAS, Clerk ofthe Town of Trion [SEAL]
CERTIFICATE OF CLERK OF SUPERIOR COURT OF CHATTOOGA COUNTY, GEORGIA
STATE OF GEORGIA COUNTY OF CHATTOOGA

I hereby certify that a copy of the ordinance entitled "Ordinance to Amend Charter of the Town of Trion," attached hereto as Exhibit "A", was duly filed with me on May 27, 2005 and a copy of said ordinance was available for examination and inspection by the public.

sf SAM L. CORDLE, JR. Sam L. Cordle, Jr., Clerk of Superior Court ofChattooga County, Georgia [SEAL]

GEORGIA LAWS 2006 SESSION

4755

EXHIBIT "A"

ORDINANCE TO AMEND CHARTER OF THE TOWN OF TRION

Whereas, the Town of Trion, Georgia by virtue and with authority of Article IX,
II, 'II II of the Georgia Constitution and O.C.G.A. 36-35-3, has been granted
authority to pass an ordinance to amend its charter; and

Whereas, the Town of Trion was incorporated pursuant to an act of the General Assembly approved on December 18, 1897 (Ga. L. 1897, page 352), as amended, and

Whereas, the Town of Trion has determined that a need exists for amending certain provisions of the Act; and

Whereas, notice has been provided in accordance with the requirements of O.C.G.A. 36-5-3.

Now therefore be it ordained by the Mayor and Council ofthe Town of Trion as follows, to wit:

SECTION ONE

Section Nine of Ga. L. 1897, page 352, is hereby amended by striking said section in its entirety and substituting in lieu thereof the following:

Section Nine. The judge of the municipal court of the Town of Trion, Georgia is hereby authorized to impose punishment for each violation of any ordinance or law of the Town by imposing a fine in an amount not to exceed $1 ,000.00, imprisonment not to exceed six months, and/or community service not to exceed thirty days.

SECTION TWO

This amendment shall be effective as of October 1, 2005. All laws, resolutions, ordinances and parts of same in conflict with this ordinance are hereby repealed.

So adopted this ____ day of, 2005.

LANNY THOMAS, Mayor Town of Trion [SEAL]

4756

MUNICIPAL HOME RULE ORDINANCES

IN THE SUPERIOR COURT OF CHATTOOGA COUNTY STATE OF GEORGIA

IN RE: Town of Trion Ordinance to Amend Charter

Personally appeared before the undersigned officer came the Publisher of "The Summerville News", a newspaper of general circulation in Chattooga County, Georgia, who being duly sworn states under oath as follows:
That the following advertisement, to-wit:

NOTICE OF INTENT TO AMEND CHARTER
Now comes, Town of Trion, by and through its Mayor, Lanny Thomas, and hereby provides notice of a proposed ordinance amending Section Nine of Ga. L. 1897, page 352, as amended.
Notice is given that the Mayor and Council of the Town of Trion propose to adopt an amendment to the aforementioned act by an ordinance pursuant to the Home Rule Act for municipalities as provided by Article IX, Section II, ~ II of the Georgia Constitution and O.C.G.A. Section 36-35-3. The proposed amendment will amend Section 9 of said Act and provide for changes and penalties for violations of Town ordinances. A copy of the proposed ordinance is on file in the office of the Clerk of Superior Court of Chattooga County, Georgia and in the office of the Clerk of the Town of Trion at Town Hall, for examination and inspection by the public and a copy of same shall be furnished upon request.
The first meeting to consider the adoption shall occur on June 23, 2005 at 6:00p.m. at Town Hall and the final meeting to consider final adoption of said ordinance shall occur on July 28, 2005 at 6:00p.m. at Town Hall, Trion, Georgia 30753.
The public is invited to attend said meetings and review the proposed amendment.
This 26 day ofMay, 2005. LANNY THOMAS, Mayor Town of Trion

appeared in "The Summerville News" on June 02,2005, June 09,2005 and June 16, 2005.
This 28th day of July, 2005.

s/ WINSTON E. ESPY Winston E. Espy

GEORGIA LAWS 2006 SESSION
Sworn to and subscribed before me this 28th day of July, 2005.
s/ JOYCE M. WHITED NOTARY PUBLIC [SEAL]
Filed in the Office ofthe Secretary of State September 7, 2005.

4757

CITY OF MACON- FIRE AND POLICE EMPLOYEE RETIREMENT SYSTEM; CREDIT FOR PAST SERVICE.
FLOOR AMENDMENT Sponsors: Youmas/Jones
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND ARTICLE V OF APPENDIX III OF THE CHARTER OF THE CITY OF MACON, RELATING TO THE FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM, (1969 GA. LAWS, PAGE 2801) PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE GEORGIA PUBLIC RETIREMENT SYSTEMS STANDARDS ACT, O.C.G.A. SEC.47-20-l 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.,) SO AS TO ADD A NEW SECTION 5 TO AUTHORIZE ACTIVE MEMBERS WHO CONTRIBUTED TO THE MACON FIRE AND POLICE RETIREMENT SYSTEM FUND WHO TERMINATED THEIR EMPLOYMENT WITH THE CITY OF MACON AND WHO WERE SUBSEQUENTLY REHIRED TO RECOUP CREDIT FOR THEIR PAST SERVICE; 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 V of Appendix III of the Charter of the City of Macon, relating to the Fire and Police Employees Retirement System ( 1969 Ga. Laws, page 2801) 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 old section 5 and adding a new Section 5 so that section (5) shall read as follows:
(5) Recoupment of credit for prior service

4758

MUNICIPAL HOME RULE ORDINANCES

Within ninety (90) days ofthe effective date of this Section 5 of Article V, any full-time employee of the Macon Fire and Police Departments currently employed by those departments on today's date who contributed to the Macon Fire and Police Retirement System Fund and terminated his/her employment and was subsequently reemployed, may recoup credit for his/her past service under the system by applying and paying into the system a lump sum amount which the system had refunded to such employee upon his/her prior termination, plus five percent (5%) of the total refunded amount plus any administrative costs, as determined by the board.
The employee shall make application and pay the total amount due in one lump sum within the window period. No credit shall be recouped by the employee until such time as payment has been made in full.
All ordinances or parts thereof in conflict with this provision are hereby repealed.

FIRST PASSAGE OF CHARTER AMENDMENT

SO ORDAINED this 16th day of August, 2005.
s/ ANITA PONDER Anita Ponder, President of City Council

SO APPROVED this 19th day of Aug, 2005.
s/ C. JACK ELLIS C. Jack Ellis, Mayor

I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting ofthe Council ofthe City ofMacon, held 8-16-2005. Witness my hand and seal of the City of Macon this 8-17-2005.
s/ JOYCE R. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE August 17,2005 RETURNED FROM MAYOR'S OFFICE August 18,2005 4:25PM

SECOND PASSAGE OF CHARTER AMENDMENT SO ORDAINED this 6th day of September, 2005.

s/ ANITA PONDER Anita Ponder, President of City Council

GEORGIA LAWS 2006 SESSION

4759

SO APPROVED this 9th day of September, 2005.

s/ C. JACK ELLIS 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 9-6-2005. Witness my hand and seal of the City of Macon this 9-7-2005.

~JOYCER. HUMPHREY Clerk of Council

SUBMITTED TO MAYOR'S OFFICE September 7, 2005 RETURNED FROM MAYOR'S OFFICE September 9, 2005 4:00p.m.

CERTIFICATION

I, Joyce R. Humphrey, Clerk of Council, do hereby certify that the attached is a true and correct copy on file in the City Council Office, City Hall, Macon Georgia of Ordinance #0-05-0045 to amend Article V of Charter Appendix III of the Charter of the City of Macon relating to the Fire and Police Employees Retirement System so as to add a new Section 5 to authorize active members who contributed to the Macon Fire and Police Retirement System Fund who terminated their employment with the City of Macon and who are subsequently rehired to recoup credit for their past service.

Given under my hand and the seal of the City, this 12th day of September 2005.

[SEAL]

~JOYCER. HUMPHREY Joyce R. Humphrey Clerk of Council

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: 07/23/2005 07/29/2005 08/05/2005

4760

MUNICIPAL HOME RULE ORDINANCES

2070271 #GEORGIA, BIBB COUNTY PUBLIC NOTICE- The City ofMacon proposes to amend Appendix III of its Charter so as to allow for recoupment of credit for prior service. The proposed charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk. #2070271: 7/23, 29; 8/5

SIGNED s/ MESCHAEL FIELDS

Sworn to and subscribed before me this 05 day of AUGUST 2005

s/ AMANDA D. OWENS Notary Public [SEAL]

Filed in the Office of Secretary of State September 15,2005.

CITY OF DAWSON- DIRECTOR OF PUBLIC SAFETY; APPOINTMENT.
ORDINANCE NO. 05-10
AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1945, O.C.G.A. 36-35-1, ET SEQ.; AMENDING ARTICLE III, SECTION 3-2 OF THE CHARTER OF THE CITY OF DAWSON SO AS TO AUTHORIZE THE APPOINTMENT OF A DIRECTOR OF PUBLIC SAFETY; REPEALING ALL PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.
WHEREAS, the City of Dawson operates a fire department and police department to protect the health, safety, and welfare of the citizens of the City; and
WHEREAS, Section 3-2 of Article III of the Charter of the City of Dawson provides that theM ayor and City Council shall appoint a fire chiefand police chief to supervise and control their respective departments; and
WHEREAS, after careful study and deliberation it has been determined that the Mayor and City Council may want to appoint a director of public safety in lieu of a fire chief and police chief to supervise and manager the fire department and police department; and
WHEREAS, the Municipal Home Rule Act of 1945, O.C.G.A. 36-35-1 authorizes such amendments to charters and provides procedures therefor;

GEORGIA LAWS 2006 SESSION

4761

NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the Dawson, and it is hereby ordained by authority of the same:

Section 1. Section 3-2 of Article III of the City Charter is deleted in its entirety, and a new Section 3-2 is adopted as follows: "The Mayor and Council shall have such powers and duties as may be provided by ordinance not inconsistent with this Act. The Mayor and Council shall appoint a City Attorney, Municipal Court Judge, fire chief, police chief, and City Clerk. Provided, however, the Mayor and Council may appoint a director of public safety in lieu of a fire chief and police chief to supervise and control the operation of the fire department and police department. The terms of these officers shall be indefinite; provided, however, these officers may be removed for cause in accordance with the City's personnel policies."

Section 2. All ordinances or parts of ordinances and all Charter provisions in conflict herewith are repealed.

SO ORDAINED, this 8th day of September, 2005.

CITY OF DAWSON

By: s/ ROBERT ALBRITTEN Mayor, Robert Albritten

SEAL

Attest: s/ SHERI L. HOWARD Clerk, Sheri Howard

1st reading August II, 2005 2nd reading September 08, 2005

PUBLIC NOTICE

The City of Dawson is amending the city charter to authorize the appointment of a director of public safety. Such amendment provides that the Mayor and Council shall appoint a city attorney, municipal court judge, fire chief, police chief and city clerk; provided, however, the Mayor and Council may appoint a director of public safety in lieu of a fire chief and police chief to supervise and control the operation of the fire department and police department; the terms of these officers shall be indefinite; provided, however, these officers may be removed for cause in accordance with the city's personnel policies. A copy of the proposed amendment is on file in the office of the City Clerk and in the office ofthe Clerk of the Superior Court for Terrell County for the purpose of examination and inspection by the public.

4762

MUNICIPAL HOME RULE ORDINANCES

Filed in the Office ofthe Secretary of State November 14,2005.

CITY OF CHAMBLEE- DATE OF ELECTIONS.
#542
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CHAMBLEE, GEORGIA, ARTICLE 2, "ELECTIONS," TO COMPLY WITH THE PROVISIONS OF THE GEORGIA ELECTION CODE THAT ALL GENERAL MUNICIPAL ELECTIONS TO FILL MUNICIPAL OFFICES SHALL BE HELD ON THE TUESDAY NEXT FOLLOWING THE FIRST MONDAY IN NOVEMBER IN EACH ODD-NUMBERED YEAR FOR ALL OTHER LAWFUL PURPOSES
BE IT ORDAINED AND IT IS HEREBY ORDAINED BY THE MAYORAND CITY COUNCIL OF THE CITY OF CHAMBLEE, GEORGIA THAT THE PROVISIONS OF ARTICLE 2, "ELECTIONS", OF THE CHARTER OF THE CITY OF CHAMBLEE SHALL BE AMENDED BY DELETING SAID ARTICLE IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A NEW ARTICLE 2 WHICH SHALL READ AS FOLLOWS:
PART I.
ARTICLE 2. ELECTIONS
Section I. Date of general municipal elections.
All general elections held to fill municipal offices shall be held on the Tuesday next following the first Monday in November in each odd-numbered year.
Section 2. Eligibility for re-election.
The mayor and council members shall be eligible for re-election regardless of the number of terms each may have been previously elected to serve.
PART II
It is hereby declared to be the intention of the Mayor and City Council that the sections, paragraphs, sentences, clauses and phrases ofthis ordinance are severable, and, ifany phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree ofany court ofcompetent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections ofthis ordinance.

GEORGIA LAWS 2006 SESSION

4763

The foregoing was proposed by Council member Copeland with a motion that the same be adopted. Said motion was seconded by Council member Gibert. Same was then put to a vote and five council members voted in favor of the Ordinance and 0 council members voted against the Ordinance. Said motion was thereupon declared passed and duly adopted this 18th day October, 2005.

sl BECKY CRAYEN Becky Craven, CMC City Clerk, City of Chamblee, Georgia

Approved this 18th day of October, 2005.

s/ EVELYN DANE KENNEDY The Honorable Evelyn Dane Kennedy Mayor, City of Chamblee, Georgia

Approved as to form s/ JOE FOWLER City Attorney

First reading: September 20, 2005 Second reading: October 18, 2005

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, AMEND THE CHARTER was published in said newspaper on the following date(s): 08/25/05, 09/01/05,09/08/05

s/CAROLYN JERNIGAN GLENN Carolyn J. Glenn, Publisher

4764

MUNICIPAL HOME RULE ORDINANCES

Sworn to and subscribed before me this 09/08/05.

s/ JACINDA HOLLEY Notary Public My commission expires September 22, 2006 [SEAL]

330-138338 8/25,9/1, 9/8lb NOTICE OF PROPOSED AMENDMENT TO CHARTER OF
THE CITY OF CHAMBLEE, GEORGIA Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Chamblee, Georgia (GA. L. 1935 p. 976 et seq. approved March 28, 1935) so as to amend Article 2, Elections, of the Charter and related laws of the City so as to comply with the provisions of the Georgia Election Code that all general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in each odd-numbered year and that public notice of such elections shall be published by the governing authority in a newspaper of general circulation in the municipality at least 30 days prior to the elections and for all other lawful purposes. A copy of the proposed Ordinance to amend the Charter is on file in the Office of the City Clerk of the City of Chamblee, Georgia and the Office of the Clerk of the Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public. This 25th day of August, 2005. Becky Craven, CMC City Clerk, City of Chamblee, Georgia

Filed in the Office of the Secretary of State November 15,2005.

CITY OF UNION POINT- MAYOR AND COUNCIL; COMPENSATION.
AN ORDINANCE
TO PROVIDE FOR AN INCREASE IN THE SALARIES OF THE MAYO RAND COUNCIL OF THE CITY OF UNION POINT, GEORGIA, AND TO REPEAL ALL ORDINANCES PREVIOUSLY ENACTED WHICH ARE IN CONFLICT WITH THE TERMS HEREOF; AND FOR OTHER PURPOSES.
THE COUNCIL OF THE CITY OF UNION POINT HEREBY ORDAINS"

GEORGIA LAWS 2006 SESSION

4765

Section 1. Under the provisions ofO.C.G.A. Section 36-35-4, the provisions of Section 2.13 of the City Charter relating to Compensation and Expenses are amended to read:

"The compensation of each councilmember shall be $100.00 per month. The mayor shall be compensated in the amount of $200.00 per month. In addition, the mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties in the manner provided by ordinance".

Section 2. Effective Date: The effective date of this ordinance shall be January 1, 2006.

Section 3. Publication ofN otice. This ordinance shall not take effect until notice of intent to take the action provided for herein has been published in the Greensboro Herald Journal once a week for three consecutive weeks immediately preceding the week in which this ordinance was passed by the Mayor and Council of the City of Union Point.

Section 4. A copy ofthis ordinance shall be filed with the Secretary of State of the State of Georgia and with the Clerk of the Superior Court of Greene County.

Section 5. Severability. If any section, provision, or clause of any part of this Ordinance shall be declared invalid or unconstitutional, or ifthe provisions of any part of this Ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such individuality shall not be construed to affect the portions of this Ordinance not so held to be invalid, or the application of this Ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent that this Ordinance would have been adopted had such invalid portion not been included herein.

Section 6. Repeal of conflicting provisions

All ordinances or parts of ordinances in conflict with this ordinance, and not preserved hereby, are hereby repealed

Adopted this 8th day ofNovember, 2005.

Attest: sf WAYNE JACKSON City Clerk

sf ANN PUMP Mayor, City of Union Point, Georgia

4766

MUNICIPAL HOME RULE ORDINANCES

Approved as to form: s/ PETER J. RICE, JR. City Attorney

First Reading October 11, 2005 Second Reading November 8, 2005

I, Wayne Jackson, City Clerk, City of Union Point, Georgia, do hereby certify that the attached ordinance amending Section 2.13 of the City Charter ofthe City of Union Point, Georgia is a true and correct copy of an ordinance adopted by the Mayor and City Council of the City of Union Point at the regular council meeting held on the 8th day ofNovember, 2005.

This 9th day of November, 2005.

s/ WAYNE JACKSON Wayne Jackson City Clerk City of Union Point [SEAL]

THE HERALD JOURNAL GREENSBORO, GEORGIA

GEORGIA, Greene County

Before me a notary public in and for Greene County appeared, Carey Williams who on oath says that he is publisher of The Herald Journal and that he affirms the attached legal notice appeared in The Herald Journal, an official newspaper in which the sheriffs notices appear. The attached legal notice did appear in The Herald Journal on October 13, 20, 27, 2005.

s/ CAREY WILLIAMS Carey Williams Editor, The Herald Journal

Sworn to and subscribed before me this 4th day ofNovember, 2005. s/ LAURA G. BURDEN Notary Public, Greene County, Georgia My Commission Expires Feb. 22, 2007

GEORGIA LAWS 2006 SESSION

4767

AN ORDINANCE TO PROVIDE FOR AN INCREASE IN THE SALARIES OF THE MAYOR AND COUNCIL OF THE CITY OF UNION POINT, GEORGIA, AND TO REPEAL ALL ORDINANCES PREVIOUSLY ENACTED WHICH ARE IN CONFLICT WITH THE TERMS HEREOF; AND FOR OTHER PURPOSES. THE COUNCIL OF THE CITY OF UNION POINT HEREBY ORDAINS" Section I. Under the provisions of O.C.G.A. Section 36-35-4, the provisions of Section 2.13 of the City Charter relating to Compensation and Expenses are amended to read: "The compensation of each councilmember shall be $100.00 per month. The mayor shall be compensated in the amount of$200.00 per month. In addition, the mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties in the manner provided by the ordinance". Section 2. Effective Date: the effective date of this ordinance shall be January l, 2006. Section 3. Publication ofNotice. This ordinance shall not take effect until notice of intent to take the action provided for herein has been published in the Greensboro Herald Journal once a week for three consecutive weeks immediately preceding the week in which this ordinance was passed by the Mayor and Council of the City of Union Point. Section 4. A copy of this ordinance shall be filed with the Secretary of State of the State of Georgia and with the Clerk of the Superior Court of Greene County. Section 5. Severability. If any section, provision, or clause of any part of this Ordinance shall be declared invalid or unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such individuality shall not be construed to affect the portions of this Ordinance not so held to be invalid, or the application of this Ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent that this Ordinance would have been adopted had such invalid portion not been included herein. Section 6. Repeal of conflicting provisions All ordinances or parts of ordinances in conflict with this ordinance, and not preserved hereby, are hereby repealed

Filed in the Office of the Secretary of State November 15,2005.

4768

MUNICIPAL HOME RULE ORDINANCES

CITY OF WOODSTOCK- MAYOR AND COUNCIL; COMPENSATION.

CITY OF WOODSTOCK, GEORGIA RESOLUTION
COMPENSATION OF MAYOR AND CITY COUNCIL

WHEREAS, the City of Woodstock, Georgia (hereinafter sometimes referred to as the "City") is a municipality duly formed and existing pursuant to Georgia law; and

WHEREAS, the 1983 Constitution of the State of Georgia provides for the self government of municipalities without the necessity of action by the General Assembly; 1 and

WHEREAS, the City of Woodstock, Georgia, has the legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general laws, and which are not inconsistent with the Constitution or any charter provision applicable thereto;2 and
1 Ga. Con st., 1983, Article IX, Section II, Paragraph II provides in pertinent part as follows:
"The General Assembly may provide by law for the self government of municipalities and to that end is expressly given the authority to delegate its power so that matters pertaining to the municipalities may be dealt with without the necessity of action by the General Assembly."
2 O.C.G .A. 36-35-3 (a) provides as follows: "(a) The governing authority ofeach municipal corporation shall have legislative
power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto. Any such charter provision shall remain in force and effect until amended or repealed as provided in subsection (b) of this Code section. This Code section, however, shall not restrict the authority of the General Assembly, by general law, to define this home rule power further or to broaden, limit, or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify or supersede any action taken by a municipal governing authority under this Code section, except as authorized under Code Section 36-35-6."

GEORGIA LAWS 2006 SESSION

4769

WHEREAS, O.C.G.A. Section 36-35-4 provides that the governing authority of each municipal corporation is authorized to fix the compensation of the members of its governing authority; and

WHEREAS, Section 2.34 (b) of the City Charter of the City of Woodstock provides initial introduction of such amendments prior to adoption at the next regular meeting ofthe Council; and

WHEREAS, said amendments are and have been accessible to members of the public who are, or may be, affected by them, said amendments having been kept and maintained for public inspection during normal business hours at Woodstock City Hall, and notice of intent to take this action has been published in "The Cherokee Tribune" a newspaper of general circulation within the territorial boundaries of the municipality of the City of Woodstock, at least once a week for three consecutive weeks; and

WHEREAS, the governing authority of the City of Woodstock has read and considered the proposed amendment;

NOW, THEREFORE, BE IT RESOLVED AND ORDAINED by the Mayor and Council of the City of Woodstock, that the aforesaid amendment shall now and hereafter be maintained for public inspection during normal business hours at the City Hall under the custody of the Clerk of the City of Woodstock; and

NOW, THEREFORE, BE IT RESOLVED AND ORDAINED by the Mayor and Council of the City of Woodstock, Georgia by the lawful authority vested in them, that the amendments as set out hereinafter be and the same are hereby adopted as a part of the Ordinances of the City of Woodstock.

NOW, THEREFORE, the Mayor and Council of the City of Woodstock hereby ordain that the City Charter of the City of Woodstock is hereby amended as follows:

Section 2.13 of Article II (Compensation and Expenses) is hereby stricken in its entirety and a new Section 2.13 of Article II is inserted as follows:

"Compensation and Expenses. The Mayor may receive as compensation for his or her services an amount of not more than $1000 per month. Each City Council Member may receive as compensation for his or her services an amount of not more than $750 per month. The Mayor and Council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office."

4770

MUNICIPAL HOME RULE ORDINANCES

This amendment shall not be effective until after the taking of office of those members of the Mayor and Council elected at the regular municipal election following the date of this amendment.

In accordance with O.C.G.A. Section 36-35-4, this action has not been taken during the period of time beginning with the date that candidates for election to membership on the Council or for the position of Mayor, may first qualifY as such candidates and ending with the date those same candidates take office following their election.

AS APPROVED, ADOPTED AND ENACTED THIS 12 DAY OF July, 2005.
sf WILLIAM E. DEWRELL William E. Dewrell, Mayor

ATTEST: sf RHONDA L. PEZZELLO Rhonda L. Pezzello, City Clerk [Municipal Seal]
First Reading: June 14, 2005 Second Reading: July 12, 2005

Charter Amendment Advertising: Cherokee Tribune:

5-27-05 6-3-05
6-10-05

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA- County of Cherokee 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 CHEROKEE TRIBUNE, publishers of the CHEROKEE TRIBUNE, official newspaper published at Canton 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 May 2005, and on the 3rd, lOth day (s) of June 2005, as provided by law.
sf R. TERRY SMITH

Subscribed and sworn to before me this 26th day of Oct, 2005

sf Barbara J. McDougal Notary Public My commission expires August 26, 2006 (SEAL)

GEORGIA LAWS 2006 SESSION

4771

M-849 City of Woodstock Notice of Charter Amendment The Woodstock City Council will hold a public hearing on Tuesday, June 14, 2005 at 7:00p.m. to hear public comment and to consider an ordinance to amend Section 2-13 of the Woodstock City Charter as it pertains to compensation and expenses for the Mayor and Council. The proposed changes will be to increase the Mayor's monthly compensation from $850/month to $1000/month and to increase the City Council's compensation from $500/month to $750/month. Changes are to be effective January 10, 2006. Meetings ofthe Woodstock City Council are held at City Hall at 103 Arnold Mill Road, Woodstock, Georgia and are open to the public. A copy of the proposed amendment is on file with the Woodstock City Clerk and may be viewed during normal business hours. Citizens with special needs should contact the Woodstock ADA Coordinator at 770-592-6002 to obtain this notice in an alternate format or to request special accommodations for the meeting. 5:27,6:3,10,

Filed in the Office of the Secretary of State December 9, 2005.

CITY OF ATLANTA- UNIFORM ORGANIZATIONAL CLASSIFICATIONS.

AN ORDINANCE BY DEBI STARNES

CITY COUNCIL ATLANTA, GEORGIA

05-0-1975

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298 et. seq., AS AMENDED BY THE 1996 SESSION OF THE GEORGIA GENERAL ASSEMBLY, 1996 GEORGIA LAWS, (O.C.G.A. 36-35-1 et. seq.) AS AMENDED, SO AS TO MAKE CERTAIN AMENDMENTS TO SECTION 3-301 OF THE CHARTER OF THE CITY OF ATLANTA SO AS TO ESTABLISH UNIFORM ORGANIZATIONAL CLASSIFICATIONS; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

WHEREAS, the City of Atlanta, Georgia (the "City"), pursuant to Section 3-301 of the Charter of the City (Ga. L. 1996, p. 4469) (the "Charter"), must establish departmental structures to conduct the business of government; and

4772

MUNICIPAL HOME RULE ORDINANCES

WHEREAS, the City currently maintains various titular descriptions for its departments and subgroups; and

WHEREAS, in order to improve the efficiency and efficacy of its financial management system, the Department ofFinance recommends that the organization of departments be made uniform in order to align cost centers, business processes and reporting responsibilities; and

WHEREAS, to do so would ensure consistency and coherence, both for the government and for the citizens of the City of Atlanta;

NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, AS FOLLOWS:

Section l: That the Section 3-301 of the Charter of the City ofAtlanta be amended to read as follows:

(a) Except where another meaning is clearly intended, the word "department" in this Charter shall mean any agency in the executive and administrative branch of the city government. The departments of the city shall be created and established by ordinance, and the departments shall be responsible for the performance of the functions and services enumerated therein.

(b) The operations and responsibilities of such departments shall be distributed accordingly: that the first degree of organization shall be department; that the second degree of organization shall be office; that the third degree of organization shall be division, that the fourth degree of organization shall be bureau. The assignment of organizational structure shall be accomplished by the administrative branch of government and shall be published to the governing body through a communication that shall set forth the organizational structure of each department. The departments shall consist of such officers, employees, and positions as may be authorized by ordinance.

(c) There shall be a commissioner ofeach department who shall be the principal officer thereof. Each commissioner shall be responsible for the administration and direction of the affairs and operations of his or her department and shall exercise general management and control thereof.

(d) Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this Charter for original appointments.

(e) The commissioners of departments and other appointed officers shall be appointed solely on the basis of their respective executive, administrative, and professional qualifications which shall be prescribed by ordinance.

GEORGIA LAWS 2006 SESSION

4773

(t) The compensation of appointed officers and directors ofdepartments shall be fixed by the council.

(g) The mayor may initiate or create additional departments, or propose the abolishment of departments, subject to the provisions of this Charter and approval by the council.

Section 2: That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia 1996 Ga. L. (Act No. 1019, p. 4469), et seq. as amended, shall be filed in the Office of the Municipal Clerk of the City of Atlanta and in Offices of the Clerks ofthe Superior Courts ofFulton and DeKalb Counties and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia," attached hereto and marked Exhibit "A" and made a part of this ordinance, be published in the official organ of the county of the legal situs of the City of Atlanta or in a newspaper of general circulation in the City of Atlanta once a week for three weeks within a period of 60 days immediately preceding its final adoption, and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council ofthe City of Atlanta.

Section 3: That all ordinances and parts of ordinances in conflict herewith are hereby repealed.

ADOPTED by the Council November 21, 2005 APPROVED by the Mayor November 22, 2005

A true copy, s/ RHONDA DAUPHIN JOHNSON Municipal Clerk, CMC

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 NOTICE CLERK for THE ATLANTA J0 URNAL AND CONSTITUTION newspaper, a newspaper ofgeneral circulation published in the City ofAtlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal- Constitution on the following date(s): NOVEMBER 4, 11, 18, 2005.

4774

MUNICIPAL HOME RULE ORDINANCES

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 23RD DAY OF NOVEMBER 2005.

s/ KETRA L. SMITH (NOTARY SIGNATURE) MY COMMISSION EXPIRES MAY 19,2009

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER
OF THE CITY OF ATLANTA NOTICE is hereby given that an Ordinance (05-0-1975) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.) approved April15, 1996, as amended, said Ordinance being captioned as follows: An Ordinance to amend the Charter of the City of Atlanta, Georgia, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965 P. 298 et. seq.), as amended, by the 1996 Session of the Georgia General Assembly, 1996 Georgia Laws, (O.C.G.A. Section 36-35-1 et. seq.) as amended, so as to make certain amendments to Section 3-301 of the Charter of the City of Atlanta so as to establish uniform organizational classifications; to repeal conflicting ordinances; and for other purposes. A copy ofthe proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 25th day of October, 2005. 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 of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, ORDINANCE 05-0-1975 was published in said newspaper on the following date(s): 11/03/05,11/10/05,11117/05

GEORGIA LAWS 2006 SESSION

4775

sf CAROLYN JERNIGAN GLENN Carolyn J. Glenn, PUBLISHER

Sworn to and subscribed before me this 11117f05.

sf JACINDA HOLLEY Notary Public My commission expires September 22, 2006 [SEAL]

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER
OF THE CITY OF ATLANTA Notice is hereby given that an Ordinance (05-0-1975) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.) approved April15, 1996, as amended, said Ordinance being captioned as follows: An Ordinance to amend the Charter of the City of Atlanta, Georgia, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965 P. 298 et seq.), as amended, by the 1996 Session of the Georgia General Assembly, 1996 Georgia Laws, (O.C.G.A. 36-35-1 et. seq.) as amended, so as to make certain amendments to Section 3-301 ofthe Charter of the City of Atlanta so as to establish uniform organizational classifications; to repeal conflicting ordinances; and for other purposes.

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 599757 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: 11104f2005, 1111lf2005, llll8f2005

sf JULIA JACKSON Julia Jackson (Agent)

sf KAWEEMAH NELSON Kaweemah Nelson (Notary Public) Subscribed and sworn to before me this 18th ofNovember, 2005. [SEAL]

4776

MUNICIPAL HOME RULE ORDINANCES

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER
OF THE CITY OF ATLANTA NOTICE is hereby given that an Ordinance (05-0-1975) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows: An Ordinance to amend the Charter of the City of Atlanta, Georgia, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965 P. 298 et. seq.), as amended, by the 1996 Session of the Georgia General Assembly, 1996 Georgia Laws, (O.C.G.A. 164> 36-35-1 et. seq.) as amended, so as to make certain amendments to Section 3-301 of the Charter ofthe City of Atlanta so as to establish uniform organizational classifications; to repeal conflicting ordinances; and for other purposes. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public. GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 25th day of October, 2005. Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC #59975 7: ll/4-3sh

Filed in the Office of the Secretary of State December 19, 2005.

CITY OF ATLANTA- BUDGET; FISCAL YEAR.

CITY COUNCIL ATLANTA, GEORGIA

AN ORDINANCE

05-0-1976

BY COUNCILMEMBERS DEBI STARNES & CLAIR MULLER

AS AMENDED BY FINANCE/EECUTIVE COMMITTEE

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298 et. seq., AS AMENDED BY THE 1996 SESSION OF THE GEORGIA GENERAL ASSEMBLY, 1996 GEORGIA LAWS, (O.C.G.A. 36-35-1 et. seq.) AS AMENDED, SO AS TO MAKE CERTAIN AMENDMENTS TO SECTION 6-302 OF THE CHARTER OF THE CITY OF ATLANTA SO AS TO ALTER THE PROCEDURE FOR ADOPTION OF THE ANNUAL BUDGET FOR THE CITY TO ACCOMMODATE A CHANGE IN THE FISCAL YEAR FROM A CALENDAR YEAR TO A JULY-JUNE FISCAL YEAR; TO PERMIT THE

GEORGIA LAWS 2006 SESSION

4777

ADOPTION OF AN EIGHTEEN MONTH BUDGET FOR THE PERIOD OF JANUARY 1, 2006 TO JUNE 30, 2007; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

WHEREAS, the City ofAtlanta, Georgia (the "City"), pursuant to Section 6-302 of the Charter of the City (Ga. L. 1996, p. 4469) (the "Charter"), must prepare, submit and adopt an annual budget in accordance with a determined schedule; and

WHEREAS, the Department of Finance recommends that the City observe a non-calendar fiscal year and that the budget development calendar be adjusted such that it precede the most concentrated period of seasonal fiscal activity, which would set the fiscal year to commence July 1 and end on June 30; and

WHEREAS, should the City adopt the proposed change in fiscal year, it will be necessary to adopt a truncated budget for the 2006 fiscal year, where the Office of Budget and Fiscal Policy will develop a six-month supplemental budget to set forth appropriations for January 1 through June 30, 2006, and further develop a twelve-month budget that will become effective on July I, 2006 and commence the City's first year on the July I through June 30 schedule;

NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, AS FOLLOWS:

Section 1: That the Section 6-302 of the Charter of the City of Atlanta be amended to read as follows:
(a) At the first Council meeting in February of each year, beginning in 2007, each Councilmember may submit his/her budget priorities for the coming year. Such priorities shall be referred to the Finance/Executive Committee, which shall submit these priorities in the form of a resolution to be adopted by the Council no later than the second Council meeting in February. The Mayor, in conjunction with the Chief Financial Officer, may take these priorities into consideration in the preparation of the tentative budget.

(b) The mayor shall prepare and submit the proposed annual budget ordinance to the governing body no later than the first regular meeting of the governing body in May, preceding the commencement of the fiscal year.

(c) The governing body shall hold one or more public hearings on the proposed budget as required by the laws of Georgia, notice of which shall be published in a newspaper of general circulation in the city at least seven days prior to the date set therefor.

(d) The governing body may amend the proposed annual budget, except that the budget as finally amended must provide for all expenditures required by law or

4778

MUNICIPAL HOME RULE ORDINANCES

by this Charter, including but not limited to debt service, sinking fund, interest on bonded indebtedness and a general fund restricted reserve equal to five percent of the proposed general fund budget which sums shall not be diverted to any other purpose and the total appropriations from any such fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund.

(e) The governing body shall by ordinance adopt the annual budget for the ensuing fiscal year not later than June, preceding the commencement of the fiscal year.

(f) For the expanded fiscal year that shall encompass January 1, 2006 and end June 30, 2007, the governing body shall by ordinance adopt not later than last meeting in December 2005 an eighteen-month budget to set forth appropriations for January 1, 2006 through June 30, 2007 and shall by ordinance adopt the necessary additional appropriation of funds or reductions in appropriations, but only for those funds and in those account centers where variances occur between projected figures and actual costs.

Section 2: That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia 199 6 Ga. L. (Act No. 101 9, p. 4469 ), et seq. as amended, shall be filed in the Office of the Municipal Clerk of the City of Atlanta and in Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia," attached hereto and marked Exhibit "A" and made a part of this ordinance, be published in the official organ of the county of the legal situs of the City of Atlanta or in a newspaper of general circulation in the City of Atlanta once a week for three weeks within a period of 60 days immediately preceding its final adoption, and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council ofthe City of Atlanta.

Section 3: That all ordinances and parts of ordinances in conflict herewith are hereby repealed.

ADOPTED as amended by Council November 21,2005 APPROVED by the Mayor November 22, 2005

A true copy, s/ RHONDA DAUPHIN JOHNSON Municipal Clerk, CMC

--

GEORGIA LAWS 2006 SESSION

4779

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 NOTICE CLERK for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper ofgeneral circulation published in the City ofAtlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal- Constitution on the following date(s): NOVEMBER 4, 11, 18, 2005.

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 23RD DAY OF NOVEMBER 2005.

s/ KETRA L SMITH (NOTARY SIGNATURE) MY COMMISSION EXPIRES MAY 19, 2009

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE
CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an Ordinance (05-0-1976) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.) approved Apri115, 1996, as amended, said Ordinance being captioned as follows: An Ordinance to amend the Charter of the City of Atlanta, Georgia, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965 P. 298 et. seq.), as amended by the 1996 Session of the Georgia General Assembly, 1996 Georgia Laws, (O.C.G.A. Section 36-35-1 et., seq.) as amended, so as to make certain amendments to Section 6-302 of the Charter of the City of Atlanta so as to alter the procedure for adoption of the annual budget for the City to accommodate a change in the fiscal year from a calendar year to a July-June fiscal year; to permit the adoption of an eighteen month budget for the period of January 1, 2006 to June 30, 2007; to repeal conflicting ordinances; and for other purposes. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public. GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 25th day of October, 2005. Rhonda Dauphin Johnson Municipal Clerk, CMC

4780

MUNICIPAL HOME RULE ORDINANCES

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, 05-0-1976 was published in said newspaper on the following date(s): 11103/05,11110/05,11/17/05

s/ CAROLYN JERNIGAN GLENN Carolyn J. Glenn, PUBLISHER

Sworn to and subscribed before me this 11117/05.

s/ JACINDA HOLLEY Notary Public My commission expires September 22, 2006 [SEAL]

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE
CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an Ordinance (05-0-1976) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.) approved Aprill5, 1996, as amended, said Ordinance being captioned as follows: An Ordinance to amend the Charter of the City of Atlanta, Georgia, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965 P. 298 et. seq.), as amended, by the 1996 Session of the Georgia General Assembly, 1996 Georgia Laws, (O.C .G.A. 36-35-1 et. seq.) as amended, so as to make certain amendments to Section 6-302 of the Charter of the City of Atlanta so as to alter the procedure of adoption of the annual budget for the City to accommodate a change in the fiscal year from a calendar year to a July-June fiscal year; to permit the adoption of an eighteen month budget for the period of January 1, 2006 to June 30, 2007; to repeal conflicting ordinances; and for other purposes. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public. Given Under My Hand and Seal

GEORGIA LAWS 2006 SESSION

4781

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 599820 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: 11/04/2005, 11/11/2005, 11/18/2005

s/ JULIA JACKSON Julia Jackson (Agent)

s/ KAWEEMAH NELSON Kaweemah Nelson (Notary Public) Subscribed and sworn to before me this 18th ofNovember, 2005 [SEAL]

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA NOTICE is hereby given that an Ordinance (05-0-1976) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows: An Ordinance to amend the Charter of the City of Atlanta, Georgia, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965 P. 298 et. seq.), as amended, by the 1996 Session of the Georgia General Assembly, 1996 Georgia Laws, (O.C.G.A. 164> 36-35-1 et. seq.) as amended, so as to make certain amendments to Section 6-302 of the Charter of the City ofAtlanta so as to alter the procedure for adoption ofthe annual budget for the City to accommodate a change in the fiscal year from a calendar year to a July-June fiscal year; to permit the adoption of an eighteen month budget for the period of January 1, 2006 to June 30, 2007; to repeal conflicting ordinances; and for other purposes. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose ofexamination and inspection by the public. GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 25h day of October, 2005. Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC #599820: ll/4-3sh

4782

MUNICIPAL HOME RULE ORDINANCES

Filed in the Office ofthe Secretary of State December 19, 2005.

CITY OF ATLANTA- TERMINATION OF CERTAIN LEGISLATION.

CITY COUNCIL ATLANTA, GEORGIA

AN ORDINANCE BY COUNCILMEMBER HOWARD SHOOK

05-0-1981

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, (GA. LAWS 1965, P. 298 et. seq., AS AMENDED BY THE 1996 SESSION OF THE GEORGIA GENERAL ASSEMBLY, 1996 GEORGIA LAWS, (O.C.G.A. 36-35-1 et. seq.) AS AMENDED, SO AS TO MAKE AN AMENDMENT TO SECTION 2-407 OF THE CHARTER OF THE CITY OF ATLANTA BY INSERTING LANGUAGE THAT WILL AUTOMATICALLY ELIMINATE CERTAIN PENDING LEGISLATION AT THE END OF A FOUR-YEAR (QUADRENNIAL) COUNCIL CYCLE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

WHEREAS, the City of Atlanta, Georgia (the "City"), pursuant to Section 2-407 of the Charter of the City (Ga. L. 1996, p. 4469) (the "Charter"), "following the general election, and on a quadrennial basis, all pending legislation in committee will be automatically terminated by being adversed or filed at the end of the last council meeting in December of that year;" and

WHEREAS, this process of eliminating pending legislation at the end of a quadrennial cycle is an inefficient and laborious procedure; and

WHEREAS, in order to increase efficiency, the city council has an interest in making the process of eliminating pending legislation less intrusive and time consuming; and

WHEREAS, certain pending legislation at the end of a four-year cycle required citizen actions such as the completion of application processes and appearances before City boards, commissions, or other committees; and

WHEREAS, City Council acknowledges the time and effort exerted by citizens to meet legislatively imposed actions prior to the passage of certain legislation, such as zoning applications; and

GEORGIA LAWS 2006 SESSION

4783

WHEREAS, the City Council recognizes that certain public hearings and similar actions have occurred in compliance with legislative requirements;

NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, AS FOLLOWS:

Section 1: That Section 2-407 of the Charter of the City of Atlanta be amended to read as follows:
Following the general election, and on a quadrennial basis, all pending legislation held in committee will be automatically terminated at the end of the last city council meeting in December of that year, without any action by the city council and that the Municipal Clerk shall be authorized to file any legislation subject to this provision. Any action required by legislation accomplished prior to December 31 of the quadrennial year shall be preserved, including but not limited to the completion of required city applications, surveys, or recorded appearances before City boards, commissions, or other committees; and that the same actions shall be accepted in satisfaction of applicable law, when any similar legislation is considered in subsequent years and where the legislation shall incorporate by reference those actions taken in accordance with this provision.

Section 2: That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia 1996 Ga. L. (Act No. 1019, p. 4469), et seq. as amended, shall be filed in the Office of the Municipal Clerk of the City of Atlanta and in Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia," attached hereto and marked Exhibit "A" and made a part of this ordinance, be published in the official organ of the county of the legal situs of the City of Atlanta or in a newspaper of general circulation in the City of Atlanta once a week for three weeks within a period of 60 days immediately preceding its final adoption, and that a copy ofsaid advertisement be attached to this ordinance prior to its final adoption by the Council ofthe City of Atlanta.

Section 3: That all ordinances and parts of ordinances in conflict herewith are hereby repealed.

ADOPTED by the Council November 21, 2005 RETURNED WITHOUT SIGNATURE OF THE MAYOR APPROVED as per City Charter Section 2-403 November 30, 2005

A true copy, s/ RHONDA DAUPHIN JOHNSON Municipal Clerk, CMC

4784

MUNICIPAL HOME RULE ORDINANCES

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON

DONNA McDUFFIE, personally appeared before me, the undersigned Notary Public, who states she is a LEGAL NOTICE CLERK for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper ofgeneral circulation published in the City ofAtlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal- Constitution on the following date(s): NOVEMBER 3, 10, 17, 2005.

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 21ST DAY OF NOVEMBER 2005.

s/ KETRA L. SMITH (NOTARY SIGNATURE) MY COMMISSION EXPIRES MAY 19, 2009

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA NOTICE is hereby given that an Ordinance (05-0-1981) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p.4469, et. seq.) approved April15, 1996, as amended, said Ordinance being captioned to read as follows: An Ordinance to amend the Charter of the City of Atlanta, Georgia, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965 P. 298 et. seq.), as amended, by the 1996 Session of the Georgia General Assembly, 1996 Georgia Laws, (O.C.G.A. Section 36-35-1 et. seq.) as amended, so as to make an amendment to Section 2-407 of the Charter of the City of Atlanta by inserting language that will automatically eliminate certain pending legislation at the end of a four- year (Quadrennial) Council cycle; to repeal conflicting ordinances; and for other purposes. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and Dekalb Counties, Georgia for the purpose of examination and inspection by the public. GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 25th day of October, 2005. Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC

GEORGIA LAWS 2006 SESSION

4785

PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, ORDINANCE 05-0-1981 was published in said newspaper on the following date(s): 11/03/05,11/10/05,11117/05

s/ CAROLYN JERNIGAN GLENN Carolyn J. Glenn, PUBLISHER

Sworn to and subscribed before me this 11/17/05.

s/ JACINDA HOLLEY Notary Public My commission expires September 22, 2006 [SEAL]

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE
CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an Ordinance (05-0-1981) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.) approved April15, 1996, as amended, said Ordinance being captioned as follows: An Ordinance to amend the Charter of the City of Atlanta, Georgia, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965 P. 298 et. seq.), as amended, by the 1996 Session of the Georgia General Assembly, 1996 Georgia Laws, (O.C .G.A. 36-35-1 et. seq.) as amended, so as to make an amendment to Section 2-407 of the Charter of the City of Atlanta by inserting language that will automatically eliminate certain pending legislation at the end of a four-year (Quadrennial) Council cycle; to repeal conflicting ordinances; and for other purposes. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public. Given Under My Hand And Seal Of This Office On This 25th day of October, 2005. Rhonda Dauphin Johnson Municipal Clerk, CMC

4786

MUNICIPAL HOME RULE ORDINANCES

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 599945 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: 11/03/2005, 11/10/2005, 11/17/2005

s/ JULIA JACKSON Julia Jackson (Agent)

s/ KAWEEMAH NELSON Kaweemah Nelson (Notary Public) Subscribed and sworn to before me this 17th November, 2005. [SEAL]

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA NOTICE is hereby given that an Ordinance (05-0-1981) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows: An Ordinance to amend the Charter of the City of Atlanta, Georgia, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965 P. 298 et. seq.), as amended, by the 1996 Session of the Georgia General Assembly, 1996 Georgia Laws, (O.C .G.A, 164> 36-35-1 et. seq.) as amended, so as to make an amendment to Section 2-407 of the Charter of the City of Atlanta by inserting language that will automatically eliminate certain pending legislation at the end of a four-year (Quadrennial) Council cycle; to repeal conflicting ordinances; and for other purposes. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public. GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 25th day of October, 2005. Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC #599945: 11/3-3sh

GEORGIA LAWS 2006 SESSION Filed in the Office of the Secretary of State December 19, 2005.

4787

CITY OF ATLANTA- ELECTED OFFICIALS; MANDATORY TRAINING.

CITY COUNCIL ATLANTA, GEORGIA

AN ORDINANCE BY COUNCILMEMBER FELICIA A. MOORE

05-0-1966

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, P. 298, ET. SEQ.) AS AMENDED, TO AMEND PART I, SUBPART A, ARTICLE VII, CHAPTER 3, SECTION 2-301 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET SEQ.), APPROVED APRIL 15, 1996, AS AMENDED, SO AS TO DESIGNATE EXISTING LANGUAGE OF SECTION 2-301 AS SECTION 2-301 (A) ORGANIZATIONAL MEETING AND (B) OATH OF OFFICE AND TO CREATE A NEW SUB SECTION TITLED (C) MANDATORY TRAINING; TO MAKE SUCH TRAINING MANDATORY FOR CITY OF ATLANTA ELECTED OFFICIALS; AND FOR OTHER PURPOSES

WHEREAS, the Georgia Ethics in Government Act was adopted by the Georgia State Legislature; and

WHEREAS, the City of Atlanta, by local laws, has adopted a myriad oflegislation relating to, and regulating campaign contributions, conflict(s) of interest(s) and public disclosure; and

WHEREAS, there is no central location ofthese various stipulations regarding legal and ethical requirements and practices; and

WHEREAS, oftentimes newly-elected as well as current City officials are not aware of the-se stipulations including changes to existing laws; and

WHEREAS, it is in the best interest of the City that current and newly elected officials be made and kept aware of these matters; and

WHEREAS, it is also of extreme importance that current and newly elected officials be completely aware of the legislative process and related matters.

4788

MUNICIPAL HOME RULE ORDINANCES

THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA as follows:
Section 1: That Part I, Subpart A, Article VII, Chapter 3, Section 2-301 of the Charter of the City of Atlanta be amended to read:
Section 2-301. Organizational meeting; oath of office; mandatory training.
(a.) Organizational meeting. The council shall meet for organization in the council chamber, or any other designated public place, on the first Monday in January following each regular election, or, if such Monday is a legal holiday, then on the next following day not a legal holiday.
(b.) Oath of office. At such organizational meeting, the mayor, president of the council, and councilmembers shall take and subscribe before a judge of the superior court, or any official authorized to administer oaths, the following oath of office: "I do solemnly swear (or affirm) that I will faithfully and impartially discharge the duties of the mayor, the president ofthe council or councilmember of the City of Atlanta, Georgia, during my term in office. I will not knowingly permit my vote in the election or appointment of any person to a position in the city government to be influenced by fear, favor, or affection, reward or expectation thereof. In all things pertaining to my said office, I will be governed by the public good and interests of the city. I will observe the provisions of the Charter, ordinances, and regulations of the City of Atlanta. I further swear that I will support and defend the Constitutions and laws of the State of Georgia and of the United States of America. I further swear that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am prohibited from holding by the laws of the State of Georgia, and that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I further swear that I will uphold and support the Ethics Code of the City of Atlanta. I further swear that I have been a resident of the City of Atlanta and of the required council district for the time required by the Constitution and laws of this state and the Charter and ordinances of the City of Atlanta. I further swear that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and ordinances of the City of Atlanta. So help me God".
(c.) Mandatory training. The mayor, president of the council, and councilmembers shall, following each regular Municipal General Election or such election held in place thereof, attend a mandatory training session that shall include, but not be limited to, matters of

GEORGIA LAWS 2006 SESSION

4789

campaign and financial disclosure requirements, standards of conduct, ethics code, and the legislative process.

( l) The Municipal Clerk, shall hold, or cause to be held, a training session for all current and newly elected city of Atlanta officials that shall include, but not be limited to, matters ofcampaign and financial disclosure requirements, standards of conduct, ethics code, and the legislative process. Said training session shall be offered on two separate dates, but no later than July l of the year following each municipal general election or no later that 60 days following any election held in lieu thereof, and no later than 60 days following a Special Election held to fill a vacancy in office. Persons required to attend shall be present at the entirety of a session, or at a combination of the offered sessions whereby all training modules designated for the particular office held are covered. Attendance as noted shall be mandatory. Each official shall be required to sign an affidavit stating that he/she has completed training, with said affidavit to be certified by the Clerk or the Clerk's designee.

(2) Any official required to attend who has not completed the mandatory training by the end of the second available training session, shall be deemed non-compliant and shall be immediately fined $$50 An additional $100 fine shall continuously be assessed each non-compliant official, every thirty (30) days after the date of non-compliance in which an official has not paid the assessed fine or received a waiver and completed a makeup training session as outlined in subsection (c) (5) and (6) of this Section.

(3) All payments of fines shall be paid to the City of Atlanta and shall be submitted to the Municipal Clerk, or designee who shall then record that the fine has been received and forward each payment to the Chief Financial Officer.

(4) Immediately following the second offered training session, and if necessary upon the assessment of further fines, the Municipal Clerk shall notify, by certified mail, each official who has not completed mandatory training that he or she is in non-compliance of the law and of the penalty thereby imposed. The Clerk shall simultaneously notify the ChiefFinancial Officer of the City, the President of Council and the Chairperson of the Committee on Council ofany official's non-compliance. However, failure of receipt of such notification does not relieve the official of the obligation to attend the mandatory training and to pay the assessed fine.

(5) Any non-compliant official may submit, through the Chair ofthe Committee on Council, a written appeal to the Council requesting a waiver of the assessed fine. Supporting evidence of the reason(s) of his/her

4790

MUNICIPAL HOME RULE ORDINANCES

non-compliance must be presented in the appeal. If due cause is shown, the Council may adopt a resolution, by majority vote, to waive the fine.

(6) In all such cases, whether the assessed fine is paid or waived, any non-compliant official shall be required to attend a make-up training session scheduled by appointment with the Municipal Clerk. Such session may be provided through a videotaped session, but shall cover in its entirety all required training modules. The non-compliant official's signed affidavit of completion oftraining and the Clerk's or the Clerk's designee's certification of same, shall be required to avoid further assessments of fines. There shall be no waiver of training attendance granted under any circumstances.

(7) The Municipal Clerk shall develop, or cause to be developed, a manual detailing all of the above.

Section 2: That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia 1996 Ga. L. (Act No. I 019, p. 4469), et seq. as amended, shall be filed in the Office of the Municipal Clerk of the City of Atlanta and in Offices of the Clerks ofthe Superior Courts ofFulton and DeKalb Counties and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia," attached hereto and marked Exhibit "A" and made a part of this ordinance, be published in the official organ of the county of the legal situs of the City of Atlanta or in a newspaper of general circulation in the City of Atlanta once a week for three weeks within a period of 60 days immediately preceding its final adoption, and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council ofthe City of Atlanta.

Section 3: That all ordinances and parts of ordinances in conflict herewith are hereby repealed.

ADOPTED as amended by Council November 21,2005 RETURNED WITHOUT SIGNATURE OF THE MAYOR APPROVED as per City Charter Section 2-403 November 30, 2005

A true copy, sf RHONDA DAUPHIN JOHNSON Municipal Clerk, CMC

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 NOTICE CLERK for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaperofgeneralcirculation

GEORGIA LAWS 2006 SESSION

4791

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- Constitution on the following date(s): NOVEMBER 3, 10, 17, 2005.

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 21ST DAY OF NOVEMBER 2005.

sf KETRA L. SMITH (NOTARY SIGNATURE) MY COMMISSION EXPIRES MAY 19,2009

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA NOTICE is hereby given that an ordinance has been introduced to amend Section 2-301 Organizational Meeting; Oath of Office of the Charter of the city of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), p. 4469, et. seq.) as amended, so as to make Campaign Reform Training Mandatory for new City of Atlanta elected officials; and for other purposes. A copy of the proposed 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 purposes of examination and inspection by the public. GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 25th day of October, 2005. 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 of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, CAMPAIGN REFORM TRAINING was published in said newspaper on the following date(s): 11/03/05,11/10/05,11/17/05

s/CAROLYN JERNIGAN GLENN Carolyn J. Glenn, PUBLISHER

4792

MUNICIPAL HOME RULE ORDINANCES

Sworn to and subscribed before me this 11/17/05.

s/ JACINDA HOLLEY Notary Public My commission expires September 22, 2006 [SEAL]

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA NOTICE is hereby given that an ordinance has been introduced to amend Section 2-301 Organizational Meeting; Oath of Office of the Charter of the City of Atlanta, Georgia ( 1996 Ga. L. (Act. No. 10 19), p. 4469, et. seq.) as amended, so as to make Campaign Reform Training Mandatory for new City of Atlanta elected officials; and for other purposes. A copy of the proposed amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the clerks of Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. Given Under My Hand And Seal Of This Office On This 25th day of October, 2005. Rhonda Dauphin Johnson Municipal Clerk, CMC

PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Re: 599744 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: 11/03/2005,11110/2005,11/17/2005

s/ JULIA JACKSON Julia Jackson (Agent)

s/ KAWEEMAH NELSON Kaweemah Nelson (Notary Public) Subscribed and sworn to before me this 17th ofNovember, 2005 [SEAL]

GEORGIA LAWS 2006 SESSION

4793

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA NOTICE is hereby given that an ordinance has been introduced to amend Section 2-301 Organizational Meeting; Oath of Office of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 10 19), p. 4469, et. seq.) as amended, so as to make Campaign Reform Training Mandatory for new City of Atlanta elected officials; and for other purposes. A copy of the proposed amendment is on file in the Office of theM unicipal Clerk of the City of Atlanta and in the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 25th day of October, 2005. Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC #599744: 11/3-3sh

Filed in the Office ofthe Secretary of State December 19, 2005.

CITY OF SKY VALLEY- MUNICIPAL COURTS; POWER AND JURISDICTION
CHARTER AMENDMENT
BE IT ORDAINED BY the Mayor and Council of the City of Sky Valley, Georgia that the Charter of the City of Sky Valley is hereby amended pursuant to Title 36, Chapter 35 of the Official Code of Georgia, by striking in its entirety Section 4.13 ofthe Charter ofthe City of Sky Valley and substituting in lieu thereof new Section 4.13, to read as follows:
SECTION 4.13 JURISDICTION AND POWER The establishment, jurisdiction, and power of the Municipal Court of Sky Valley is as established by the law of Georgia creating Municipal Courts as it exists or as amended. The power of the Municipal Court judge is as established by the law of Georgia as it exists or as amended. Chapter 32 of Title 36 of the Official Code of Georgia Annotated is hereby adopted by reference.
This 12th day of December, 2005.
s/ STEVE BRETT Steve Brett, Mayor
Attest: s/ LINDA WELLS Linda Wells, Clerk

4794

MUNICIPAL HOME RULE ORDINANCES

First Reading: November 14, 2005 Publication: October 20,2005, October 27,2005 & November 3, 2005 Final Reading: December 12,2005

CERTIFICATE OF CLERK This is to certify that the attached amendment to the Charter of the City of Sky Valley was duly passed at the regular meeting ofthe mayor and council ofthe City of Sky Valley on December 12, 2005.

s/ LINDA WELLS Linda Wells, Clerk

CERTIFICATE OF PUBLICATION This is to certify that Stephen T. Meadows, publisher of The Clayton Tribune, the official organ of Rabun County, Georgia, hereby certifies that the above and foregoing charter amendment of the City of Sky Valley, Georgia was published in The Clayton Tribune on October 20, 2005, October 27, 2005, and November 3, 2005.

s/ STEVEN T. MEADOWS Publisher

Sworn to and subscribed before me this 27 day of December, 2005.
s/ DAVID L. HOLT Notary Public My Commission Expires Sept. 30, 2008

NOTICE OF CHARTER AMENDMENT CITY OF SKY VALLEY, GEORGIA

Notice is hereby given that the Mayor and Council of the City of Sky Valley, Georgia will consider a proposed amendment to the Charter of the City of Sky Valley, which amendment amends Section 4.13 of the Charter of the City of Sky Valley by striking said Section in its entirety and creating a new Section 4.13, which incorporates by reference the law of Georgia pertaining to municipal courts. This charter amendment incorporates by reference Chapter 32 of Title 36 of the Official Code of Georgia Annotated. Such proposed charter amendment shall be considered for first reading by the mayor and council of the City of Sky Valley, Georgia at the next regular meeting to be held on November 14, 2005 at 1:00 P.M. at the Fellowship Hall of The Chapel of Sky Valley located at 817 Sky Valley Way #8, in the City of Sky Valley. Pursuant to O.C.G.A. 36-35-2(b)(l) the proposed charter amendment shall be

GEORGIA LAWS 2006 SESSION

4795

considered for second reading at the regular meeting to be held on the 12th day of December, 2005 at 1:00 P.M. at the Fellowship Hall of The Chapel of Sky Valley located at 817 Sky Valley Way #8, in the City of Sky Valley. A copy of the proposed charter amendment is on file with the city clerk of the City of Sky Valley, Georgia at the City Hall, and a copy is also on file in the office of the clerk of the Superior Court of Rabun County, Clayton, Georgia. John A. Dickerson, City Attorney for City of Sky Valley

Filed in the Office of the Secretary of State February 6, 2006.

CITY OF DALTON- AUTHORITIES AND COMMISSIONS; MEMBERSHIP.
Ordinance 06-02
To Amend The Charter Of The City Of Dalton, Georgia, First Approved February 24, 1874 (1874 Georgia Laws P.181); By Amending Article XV Captioned: "Authorities And Commissions" By Amending Section 15-7 Captioned "Membership" By Striking And Deleting The Fourth Paragraph Therein And Substituting In Lieu Thereof A New Paragraph; To Provide For Severability; To Provide For The Repeal Of Conflicting Ordinances; To Provide For An Effective Date; And For Other Purposes.
BE IT ORDAINED by the Mayor and Council of the City of Dalton and by the authority of the same, IT IS HEREBY ORDAINED as follows:
Section 1: Amend Article XV of the Charter of the City of Dalton, Georgia Captioned: "Authorities and Commissions" by amending Section 15-7 captioned "Membership" by striking, deleting and repealing the fourth paragraph therein and substituting in lieu thereof a new paragraph which shall read as follows:
"A member of the authority must at the time of appointment by the Mayor and Council, and at all times thereafter, during the tenure of service on the authority possess the following qualifications:
(i) Maintain a permanent residence within Whitfield County, Georgia; and (ii) Be not less than eighteen (18) years of age."
Section 2. This Ordinance shall be effective after adoption and upon the filing with the Secretary of the State of Georgia a copy of this Ordinance, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which the notice was published and with a filing of a copy of this

4796

MUNICIPAL HOME RULE ORDINANCES

Ordinance in the office ofthe Clerk ofthe Superior Court ofWhitfield, Georgia and the office of the Clerk of the City of Dalton, Georgia.

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

Section 4. It is hereby declared to be the intention of the Mayor and Council of the City of Dalton that the section, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or otherwise invalid by a court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance.

SO ORDAINED this 6th day of February, 2006.

The foregoing Ordinance received its first reading on 01-17-2006 and a second reading on 02-06-2006. Upon second reading a motion for passage ofthe ordinance was made by Alderman Lowrey, second by Alderman Grant and upon the question the vote is 4 ayes, 0 nays and the Ordinance is adopted.

ATTEST:

sf BERNADETTE CHATTAM CITY CLERK

sf RAY ELROD MAYOR

A true copy of the foregoing Ordinance has been published in two public places within the City of Dalton for five (5) consecutive days following passage of the above-referenced Ordinance as of02-ll-06.

sf BERNADETTE CHATTAM CITY CLERK, CITY OF DALTON

CLERK'S CERTIFICATE I, Bernadette Chatham, the duly appointed and qualified City Clerk of the City of Dalton, Georgia do hereby certify that the attached is a true and exact copy of Ordinance 06-02 amending the Charter of the City of Dalton, Georgia to amend portions of Article XV captioned "Authorities and Commissions". Said Ordinance was adopted on the February 6, 2006.

(Seal)

sf BERNADETTE CHATTAM CITY CLERK

GEORGIA LAWS 2006 SESSION

4797

AFFIDAVIT OF PUBLICATION I, Terry Connor, do solemnly swear that I am the Publisher of The Daily Citizen News, printed and published in Dalton, Whitfield County, Georgia and that from my own personal knowledge and reference to the files of said publication the attached advertisement ofthe Notice of Proposed Amendment to the City Charter of the City of Dalton, Georgia was inserted into the regular edition of said publication on January 13, 2006, January 20,2006 and January 27, 2006. This 27 day of January, 2006.

s/ TERRY CONNOR Affiant

Sworn to and subscribed before me, this 27 day of Jan., 2006.

s/ SUSY M. E. TALLEY Notary Public [SEAL]

Notice of Proposed Amendment to the City Charter of the City of Dalton, Georgia
The City of Dalton, Georgia proposes to amend its Charter to amend Article XV captioned "Authorities and Commissions" by amending Section 15-7 captioned "Authorities and Commissions" by striking and deleting the fourth paragraph therein and substituting in lieu thereof a new paragraph pertaining to qualifications of members of the City of Dalton Airport Authority. 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/ BERNADETTE CHATTAM City Clerk

Filed in the Office of the Secretary of State March 30,2006.

CITY OF ALBANY- ASSISTANT CITY MANAGERS; APPOINTMENT
AN ORDINANCE ENTITLED 06-107 AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF TITLE 36, CHAPTER 35 OF THE OFFICIAL CODE OF GEORGIA

4798

MUNICIPAL HOME RULE ORDINANCES

ANNOTATED, AS AMENDED, AMENDING SECTION 3(i) OF THE CHARTER OF THE CITY OF ALBANY SO AS TO ALLOW THE CITY MANAGER TO APPOINT ONE OR MORE ASSISTANT CITY MANAGERS; REPEALING PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT AND FOR OTHER PURPOSES.

WHEREAS, it is in the best interest of the City of Albany to allow the City Manager to appoint one or more assistant city managers.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of Albany, Georgia and it is hereby ordained by authority of same:

SECTION 1. Section 3(i) of the Charter ofthe City of Albany, as amended, is hereby deleted.

SECTION 2. Section 3(i) of the Charter ofthe City of Albany, as amended, shall read as follows:

(i) Election of officers; terms; rights reserved; acceptance of gifts, etc. The board of city commissioners shall on the second Monday in January of every other year, beginning January, 1960, elect a city manager, a city attorney, a city clerk, an assistant city clerk, and at the pleasure of the board, may elect a chief judge for the municipal court for Albany and an associate judge or such part-time, full-time, or stand-by judges as it shall deem appropriate. One or more assistant city managers may be appointed by the city manager with the concurrence and approval of the board of[city] commissioners, and, if appointed, shall discharge such functions and duties as shall be assigned to him/her by the city manager. All other officers and employees of city, except those specifically excluded in Section l hereof, shall be appointed by the city manager, and shall not be elected or employed for any specific term, but shall be retained so long as the duties of the job are performed with efficiency, or until discharged as hereinafter provided.

SECTION 3. Pursuant to the provisions of Section 36-35-3 ofthe Official Code of Georgia Annotated, this Ordinance shall become effectively immediately upon its adoption by the Board of Commissioners of the City of Albany, Georgia at two regularly scheduled consecutive meetings and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended.

SECTION 4. All Ordinances, or parts of Ordinances, and all Charter provisions, or parts of Charter provisions, in conflict herewith are repealed.

s/ WILLIE ADAMS, JR. MAYOR

GEORGIA LAWS 2006 SESSION

4799

ATTEST: s/ SONJA TOLBERT CITY CLERK

Adopted: First Reading: 2-28-06 Second Reading: 3-28-06

Introduced by Commissioner: HUBBARD/LANGSTAFF Date(s) read: 2-28-06/3-28-06

I do hereby certify that this is a true and correct copy.

s/ SONJA TOLBERT City Clerk Date Albany, GA

3-28-06

Affidavit of Publication

Georgia, Dougherty County

Personally, appeared before the undersigned, an officer, authorized to administer oaths, Cathy Owens, who being sworn, says that she is the Account Executive for the Albany Herald Publishing, Inc, a corporation with principal offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty County, Early County, Clay County, Calhoun County, Mitchell County, Decatur County, Baker County, Worth County, Lee County, Terrell County, Miller County, Randolph County, Turner County, Sumter County and Seminole County, and that the advertisement of City Attorney's Office A TRUE COPY of which is affixed hereto, was published in The Albany Herald in all its editions 3/5/06, 3/12/06, 3/19/06, 2006.

s/ CATHY OWENS Cathy Owens Account Executive Albany Herald

Sworn to and subscribed before me At Albany, Georgia this 21st Day of March, 2006

s/ ANNETTE OLIVER [SEAL]

4800

MUNICIPAL HOME RULE ORDINANCES

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF ALBANY, GEORGIA
BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS "THE MUNICIPAL HOME RULE ACT OF 1965"

Notice is hereby given that an ordinance was introduced on February 28, 2006, and will be read for final adoption on March 28,2006, to amend the Charter of the City of Albany, Georgia, which was created by an act amended on August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to allow the city manager to appoint one or more assistant city managers.

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 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 1st day of March, 2006.

Is/ C. Nathan Davis City Attorney City of Albany, Georgia

Filed in the Office ofthe Secretary of State AprillO, 2006.