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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 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.